ISSN 1725-2555
doi:10.3000/17252555.L_2009.232.eng
Official Journal
of the European Union
L 232
English edition
Legislation
Volume 52
3 September 2009
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ISSN 1725-2555 doi:10.3000/17252555.L_2009.232.eng |
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Official Journal of the European Union |
L 232 |
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English edition |
Legislation |
Volume 52 |
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Contents |
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IV Other acts |
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EEA Joint Committee |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
IV Other acts
EUROPEAN ECONOMIC AREA
EEA Joint Committee
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3.9.2009 |
EN |
Official Journal of the European Union |
L 232/1 |
DECISION OF THE EEA JOINT COMMITTEE
No 55/2009
of 29 May 2009
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
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(1) |
Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 41/2009 of 24 April 2009 (1). |
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(2) |
Commission Regulation (EC) No 289/2008 of 31 March 2008 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (2) is to be incorporated into the Agreement. |
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(3) |
Commission Regulation (EC) No 384/2008 of 29 April 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals from the exit ban provided for in Council Directive 2000/75/EC (3) is to be incorporated into the Agreement. |
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(4) |
Commission Decision 2008/185/EC of 21 February 2008 on additional guarantees in intra-Community trade of pigs relating to Aujeszky’s disease and criteria to provide information on this disease (Codified version) (4) is to be incorporated into the Agreement. |
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(5) |
Commission Decision 2008/220/EC of 12 March 2008 amending Decision 2003/135/EC as regards the eradication and emergency vaccination plans for classical swine fever in feral pigs in certain areas of the Länder of Rhineland-Palatinate and North Rhine-Westphalia (Germany) (5) is to be incorporated into the Agreement. |
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(6) |
Commission Decision 2008/233/EC of 17 March 2008 amending Decision 2004/558/EC implementing Council Directive 64/432/EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication programme presented by certain Member States (6) is to be incorporated into the Agreement. |
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(7) |
Commission Decision 2008/234/EC of 18 March 2008 amending Decision 2003/467/EC as regards the declaration that certain administrative regions of Poland are officially free of enzootic bovine leucosis (7) is to be incorporated into the Agreement. |
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(8) |
Commission Decision 2008/339/EC of 25 April 2008 amending Annex XI to Council Directive 2003/85/EC as regards the list of laboratories authorised to handle live foot-and-mouth disease virus (8) is to be incorporated into the Agreement. |
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(9) |
Decision 2008/185/EC repeals Commission Decision 2001/618/EC (9) which is incorporated into the Agreement and is therefore to be repealed under the Agreement. |
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(10) |
This Decision is not to apply to Iceland and Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex I to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 289/2008 and (EC) No 384/2008 and Decisions 2008/185/EC, 2008/220/EC, 2008/233/EC, 2008/234/EC and 2008/339/EC in the Norwegian language, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 16.
(3) OJ L 116, 30.4.2008, p. 3.
(6) OJ L 76, 19.3.2008, p. 56.
(7) OJ L 76, 19.3.2008, p. 58.
(8) OJ L 115, 29.4.2008, p. 39.
(9) OJ L 215, 9.8.2001, p. 48.
(*1) No constitutional requirements indicated.
ANNEX
Chapter I of Annex I to the Agreement shall be amended as follows:
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1. |
the following indent shall be added in point 1a (Council Directive 2003/85/EC) in Part 3.1:
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2. |
the following shall be added in point 40 (Commission Regulation (EC) No 1266/2007) in Part 3.2: ‘as amended by:
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3. |
under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ the following indent shall be added in point 20 (Commission Decision 2003/135/EC) in Part 3.2:
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4. |
the text of point 64 (Commission Decision 2001/618/EC) in Part 4.2 shall be deleted; |
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5. |
the following indent shall be added in point 70 (Commission Decision 2003/467/EC) in Part 4.2:
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6. |
the following indent shall be added in point 80 (Commission Decision 2004/558/EC) in Part 4.2:
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7. |
the following point shall be inserted after point 83 (Commission Decision 2007/846/EC) in Part 4.2:
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3.9.2009 |
EN |
Official Journal of the European Union |
L 232/4 |
DECISION OF THE EEA JOINT COMMITTEE
No 56/2009
of 29 May 2009
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 41/2009 of 24 April 2009 (1). |
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(2) |
Commission Decision 2008/77/EC of 25 January 2008 approving the plans for 2008 for the eradication of classical swine fever in feral pigs and the emergency vaccination of those pigs against that disease in Bulgaria (2) is to be incorporated into the Agreement. |
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(3) |
Commission Decision 2008/88/EC of 28 January 2008 amending Decision 2005/59/EC as regards areas where the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of feral pigs against classical swine fever are to be implemented in Slovakia (3) is to be incorporated into the Agreement. |
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(4) |
Commission Decision 2008/97/EC of 30 January 2008 amending Decision 93/52/EEC as regards the declaration that certain administrative regions of Italy are officially free of brucellosis (B. melitensis) and Decision 2003/467/EC as regards the declaration that certain administrative regions of Italy are officially free of bovine tuberculosis and bovine brucellosis and that certain administrative regions of Poland are officially free of enzootic bovine leucosis (4), as corrected by OJ L 281, 24.10.2008, p. 35, is to be incorporated into the Agreement. |
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(5) |
Commission Decision 2008/159/EC of 22 February 2008 amending Decision 2007/683/EC approving the plan for the eradication of classical swine fever in feral pigs in certain areas of Hungary (5) is to be incorporated into the Agreement. |
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(6) |
This Decision is not to apply to Iceland and Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter I of Annex I shall be amended as follows:
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1. |
under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ the following indent shall be added in point 29 (Commission Decision 2005/59/EC) in Part 3.2:
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2. |
under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ the following shall be added in point 42 (Commission Decision 2007/683/EC) in Part 3.2: ‘as amended by:
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3. |
under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ the following point shall be inserted after point 43 (Commission Decision 2007/870/EC) in Part 3.2:
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4. |
the following indent shall be added in points 14 (Commission Decision 93/52/EEC) and 70 (Commission Decision 2003/467/EC) in Part 4.2:
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Article 2
The texts of Decisions 2008/77/EC, 2008/88/EC, 2008/97/EC, as corrected by OJ L 281, 24.10.2008, p. 35, and 2008/159/EC, in the Norwegian language, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 16.
(2) OJ L 23, 26.1.2008, p. 28.
(5) OJ L 51, 26.2.2008, p. 21.
(*1) No constitutional requirements indicated.
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3.9.2009 |
EN |
Official Journal of the European Union |
L 232/6 |
DECISION OF THE EEA JOINT COMMITTEE
No 57/2009
of 29 May 2009
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 42/2009 of 24 April 2009 (1). |
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(2) |
Commission Regulation (EC) No 721/2008 of 25 July 2008 concerning the authorisation of a preparation of red carotenoid-rich bacterium Paracoccus carotinifaciens as a feed additive (2) is to be incorporated into the Agreement. |
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(3) |
Commission Regulation (EC) No 971/2008 of 3 October 2008 concerning a new use of a coccidiostat as additive in feedingstuffs (3), as corrected by OJ L 267, 8.10.2008, p. 32, is to be incorporated into the Agreement. |
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(4) |
Commission Regulation (EC) No 976/2008 of 6 October 2008 amending Regulations (EC) No 2430/1999, (EC) No 418/2001 and (EC) No 162/2003 as regards the terms of the authorisation of the feed additive ‘Clinacox’, belonging to the group of coccidiostats and other medicinal substances (4) is to be incorporated into the Agreement. |
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(5) |
Commission Directive 2008/76/EC of 25 July 2008 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (5) is to be incorporated into the Agreement. |
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(6) |
Commission Directive 2008/82/EC of 30 July 2008 amending Directive 2008/38/EC as regards feedingstuffs intended for the support of the renal function in case of chronic renal insufficiency (6) is to be incorporated into the Agreement. |
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(7) |
This Decision is not to apply to Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter II of Annex I to the Agreement shall be amended as follows:
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1. |
the following indent shall be added in points 1k (Commission Regulation (EC) No 2430/1999), 1t (Commission Regulation (EC) No 418/2001) and 37 (Commission Regulation (EC) No 162/2003):
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2. |
the following points shall be inserted after point 1zzzzr (Commission Regulation (EC) No 775/2008):
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3. |
the following shall be added in point 14c (Commission Directive 2008/38/EC): ‘as amended by:
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4. |
the following indent shall be added in point 33 (Directive 2002/32/EC of the European Parliament and of the Council):
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Article 2
The texts of Regulations (EC) No 721/2008, (EC) No 971/2008, as corrected by OJ L 267, 8.10.2008, p. 32, and (EC) No 976/2008 and Directives 2008/76/EC and 2008/82/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 19.
(2) OJ L 198, 26.7.2008, p. 23.
(3) OJ L 265, 4.10.2008, p. 3.
(4) OJ L 266, 7.10.2008, p. 3.
(5) OJ L 198, 26.7.2008, p. 37.
(6) OJ L 202, 31.7.2008, p. 48.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/8 |
DECISION OF THE EEA JOINT COMMITTEE
No 58/2009
of 29 May 2009
amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 42/2009 of 24 April 2009 (1). |
|
(2) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 27/2009 of 17 March 2009 (2). |
|
(3) |
Commission Regulation (EC) No 149/2008 of 29 January 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto (3) is to be incorporated into the Agreement. |
|
(4) |
Commission Regulation (EC) No 260/2008 of 18 March 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annex VII listing active substance/product combinations covered by a derogation as regards post harvest treatments with a fumigant (4) is to be incorporated into the Agreement. |
|
(5) |
Commission Regulation (EC) No 839/2008 of 31 July 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards Annexes II, III and IV on maximum residue levels of pesticides in or on certain products (5) is to be incorporated into the Agreement. |
|
(6) |
Regulation (EC) No 396/2005 of the European Parliament and of the Council (6), which is already incorporated into the Agreement, repeals Council Directives 76/895/EEC (7), 86/362/EEC (8), 86/363/EEC (9) and 90/642/EEC (10) which are also incorporated into the Agreement and are therefore to be repealed under the Agreement. |
|
(7) |
This Decision is not to apply to Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
The following indents shall be added in point 40 (Regulation (EC) No 396/2005 of the European Parliament and of the Council) of Chapter II of Annex I to the Agreement:
|
‘— |
32008 R 0149: Commission Regulation (EC) No 149/2008 of 29 January 2008 (OJ L 58, 1.3.2008, p. 1), |
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— |
32008 R 0260: Commission Regulation (EC) No 260/2008 of 18 March 2008 (OJ L 76, 19.3.2008, p. 31), |
|
— |
32008 R 0839: Commission Regulation (EC) No 839/2008 of 31 July 2008 (OJ L 234, 30.8.2008, p. 1).’. |
Article 2
Chapter XII of Annex II to the Agreement shall be amended as follows:
|
1. |
the text of points 13 (Council Directive 76/895/EEC), 38 (Council Directive 86/362/EEC), 39 (Council Directive 86/363/EEC) and 54 (Council Directive 90/642/EEC) shall be deleted; |
|
2. |
the following indents shall be added in point 54zzy (Regulation (EC) No 396/2005 of the European Parliament and of the Council):
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Article 3
The texts of Regulations (EC) No 149/2008, (EC) No 260/2008 and (EC) No 839/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 4
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 19.
(2) OJ L 130, 28.5.2009, p. 19.
(4) OJ L 76, 19.3.2008, p. 31.
(5) OJ L 234, 30.8.2008, p. 1.
(7) OJ L 340, 9.12.1976, p. 26.
(8) OJ L 221, 7.8.1986, p. 37.
(9) OJ L 221, 7.8.1986, p. 43.
(10) OJ L 350, 14.12.1990, p. 71.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/10 |
DECISION OF THE EEA JOINT COMMITTEE
No 59/2009
of 29 May 2009
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 132/2007 of 26 October 2007 (1). |
|
(2) |
Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (recast) (2) is to be incorporated into the Agreement. |
|
(3) |
Directive 2008/121/EC repeals Directive 96/74/EC of the European Parliament and of the Council (3) which is incorporated into the Agreement and is therefore to be repealed under the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter XI of Annex II to the Agreement shall be amended as follows:
|
1. |
the text of point 4b (Directive 96/74/EC of the European Parliament and of the Council) shall be deleted; |
|
2. |
the following point shall be inserted after point 4b:
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Article 2
The text of Directive 2008/121/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 100, 10.4.2008, p. 1.
(2) OJ L 19, 23.1.2009, p. 29.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/11 |
DECISION OF THE EEA JOINT COMMITTEE
No 60/2009
of 29 May 2009
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 27/2009 of 17 March 2009 (1). |
|
(2) |
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (2) is to be incorporated into the Agreement. It is appropriate to allow Norway and Iceland to maintain the lower maximum level for dioxin and dioxin-like PCBs in marine oil laid down in their national legislation, adopted for reasons of public health. |
|
(3) |
Commission Regulation (EC) No 1126/2007 of 28 September 2007 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards Fusarium toxins in maize and maize products (3) is to be incorporated into the Agreement. |
|
(4) |
Commission Regulation (EC) No 629/2008 of 2 July 2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs (4) is to be incorporated into the Agreement. |
|
(5) |
Regulation (EC) No 1881/2006 repeals Commission Regulation (EC) No 466/2001 (5), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement. |
|
(6) |
This Decision shall not apply to Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter XII of Annex II to the Agreement shall be amended as follows:
|
1. |
the text of point 54zn (Commission Regulation (EC) No 466/2001) shall be deleted; |
|
2. |
the following shall be inserted after point 54zzzy (Commission Directive 2008/60/EC):
|
Article 2
The texts of Regulations (EC) No 1881/2006, (EC) No 1126/2007 and (EC) No 629/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 130, 28.5.2009, p. 19.
(2) OJ L 364, 20.12.2006, p. 5.
(3) OJ L 255, 29.9.2007, p. 14.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/13 |
DECISION OF THE EEA JOINT COMMITTEE
No 61/2009
of 29 May 2009
amending Annex II (Technical regulations, standards, testing and certification) and Protocol 37 to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 and 101 thereof,
Whereas:
|
(1) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 6/2009 of 5 February 2009 (1). |
|
(2) |
Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No 81/2008 of 4 July 2008 (2). |
|
(3) |
Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (3) is to be incorporated into the Agreement. |
|
(4) |
Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (4) is to be incorporated into the Agreement. |
|
(5) |
Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products (5) is to be incorporated into the Agreement. |
|
(6) |
Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use (6) is to be incorporated into the Agreement. |
|
(7) |
Commission Regulation (EC) No 2049/2005 of 15 December 2005 laying down, pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council, rules regarding the payment of fees to, and the receipt of administrative assistance from, the European Medicines Agency by micro, small and medium-sized enterprises (7) is to be incorporated into the Agreement. |
|
(8) |
Commission Regulation (EC) No 507/2006 of 29 March 2006 on the conditional marketing authorisation for medicinal products for human use falling within the scope of Regulation (EC) No 726/2004 of the European Parliament and of the Council (8) is to be incorporated into the Agreement. |
|
(9) |
Protocol 37 to the Agreement is to be extended to include the Coordination groups for Mutual Recognition and Decentralised procedures (human) and (veterinary) in accordance with Article 101 of the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex II and Protocol 37 to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 726/2004, (EC) No 2049/2005 and (EC) No 507/2006 and Directives 2004/27/EC, 2004/28/EC and 2004/24/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009 or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement, whichever is the later (*1). For Liechtenstein, this Decision shall enter into force on the same day or on the day of entry into force of the Agreement between Liechtenstein and Austria laying down the technical details for Liechtenstein’s recognition of Austrian marketing authorisations within the decentralised procedure (DCP) and the mutual recognition procedure (MRP), whichever is the later.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 73, 19.3.2009, p. 39.
(2) OJ L 280, 23.10.2008, p. 12.
(3) OJ L 136, 30.4.2004, p. 1.
(4) OJ L 136, 30.4.2004, p. 34.
(5) OJ L 136, 30.4.2004, p. 58.
(6) OJ L 136, 30.4.2004, p. 85.
(7) OJ L 329, 16.12.2005, p. 4.
(*1) Constitutional requirements indicated.
ANNEX
Annex II and Protocol 37 to the Agreement shall be amended as follows:
|
1. |
The text of the introductory part of Chapter XIII of Annex II to the Agreement shall be replaced as of the fourth paragraph by the following: ‘When decisions on approval of medicinal products are taken according to the Community procedures laid down in Regulation (EC) No 726/2004 of the European Parliament and of the Council, Directive 2001/83/EC of the European Parliament and of the Council, as amended by Directive 2004/27/EC of the European Parliament and of the Council, and Directive 2001/82/EC of the European Parliament and of the Council, as amended by Directive 2004/28/EC of the European Parliament and of the Council, the EFTA States shall simultaneously and within 30 days of the Community Decision, take corresponding decisions on the basis of the relevant acts. The EEA Joint Committee shall be informed and shall periodically publish lists of such decisions in the EEA Supplement to the Official Journal. The EFTA Surveillance Authority shall monitor the application of the decisions taken by the EFTA States as provided for in Article 109 of the Agreement. Where any of the relevant acts provide for Community procedures on the granting, suspension and withdrawal of a marketing authorisation as well as supervision, including pharmacovigilance, and inspections and sanctions, these and similar tasks shall be carried out by the competent authorities in the EFTA States, on the basis of the same obligations as those of the competent authorities of EC Member States. Should any disagreement between the contracting parties arise as to the administration of these provisions, Part VII of the Agreement shall apply mutatis mutandis. The EFTA States shall participate in the work of the European Medicines Agency, hereinafter referred to as “the Agency”, as set up by Regulation (EC) No 726/2004 of the European Parliament and of the Council. The financial provisions of Title IV, Chapter 2, of Regulation (EC) No 726/2004 of the European Parliament and of the Council shall apply to the participation of the EFTA States in the work of the Agency. The EFTA States shall therefore participate in the Community contribution referred to in Article 67(3) of Regulation (EC) No 726/2004 of the European Parliament and of the Council. For this purpose the procedures laid down in Article 82(1)(a) and Protocol 32 of the Agreement shall apply mutatis mutandis with regard to the financial contribution of the EFTA States to the above mentioned Community contribution. The EFTA States may send observers to meetings of the Agency's Management Board. The EFTA States shall be fully associated with the work of the Committee for Medicinal Products for Human Use (CHMP), the Committee for Medicinal Products for Veterinary Use (CVMP), the Committee on Orphan Medicinal Products (COMP) and the Committee on Herbal Medicinal Products (HMPC). The detailed arrangements of participation for the representatives of EFTA States shall be in accordance with the provisions of Title IV, chapter 1, of Regulation (EC) No 726/2004 of the European Parliament and of the Council. Such representatives shall, however, not participate in the voting and their positions shall be recorded separately. The position of Chairman shall be reserved for a member nominated by an EC Member State. The EFTA States shall be fully associated with the work of the Coordination Group as set up by Article 27 of Directive 2001/83/EC of the European Parliament and of the Council, as amended by Directive 2004/27/EC of the European Parliament and of the Council, and Article 31 of Directive 2001/82/EC of the European Parliament and of the Council, as amended by Directive 2004/28/EC of the European Parliament and of the Council. The representatives of the EFTA States shall, however, not participate in the voting and their positions shall be recorded separately. The position of Chairman shall be reserved for a member nominated by an EC Member State. An EFTA State may request the Agency to initiate an arbitration procedure according to Title III, Chapter 4 of Directive 2001/83/EC of the European Parliament and of the Council, as amended by Directive 2004/27/EC of the European Parliament and of the Council, and according to Title III, Chapter 4 of Directive 2001/82/EC of the European Parliament and of the Council, as amended by Directive 2004/28/EC of the European Parliament and of the Council. Such a request shall, in the first place, be addressed to the Commission which shall, where it considers that the request is of common interest, forward it to the Agency for further processing. The EFTA States shall fully participate in the Telematic Exchange of Information on Medicinal Products (IMP) programme. Iceland and Norway shall provide their national competent authorities and the marketing authorisation holders with the linguistic version of the marketing authorisations required to access their own market. A marketing authorisation granted for a medicinal product following an opinion adopted by the competent EMEA scientific Committee in accordance with Article 9 or Article 34 of Regulation (EC) No 726/2004 of the European Parliament and of the Council shall not be subject to any fees other than those referred to in Article 67(3) and Article 70 of Regulation (EC) No 726/2004 of the European Parliament and of the Council. The Agency having legal personality shall enjoy in all the States of the Contracting Parties the most extensive legal capacity accorded to legal persons under their laws. The EFTA States shall apply to the Agency the Protocol of Privileges and Immunities of the European Communities. Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of Regulation (EC) No 726/2004 of the European Parliament and of the Council, apply to any documents of the Agency regarding the EFTA States as well. By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.’ |
|
2. |
The text of point 15g (Council Regulation (EEC) No 2309/93) of Chapter XIII of Annex II to the Agreement shall be deleted. |
|
3. |
The following shall be added in point 15p (Directive 2001/82/EC of the European Parliament and of the Council) of Chapter XIII of Annex II to the Agreement: ‘as amended by:
|
|
4. |
The following indents shall be added in point 15q (Directive 2001/83/EC of the European Parliament and of the Council) of Chapter XIII of Annex II to the Agreement:
|
|
5. |
The following shall be added in points 15p (Directive 2001/82/EC of the European Parliament and of the Council) and 15q (Directive 2001/83/EC of the European Parliament and of the Council) of Chapter XIII of Annex II to the Agreement, after the transitional arrangements: ‘The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation: Liechtenstein shall not be obliged to participate in the decentralised procedure (DCP) and in the mutual recognition procedure (MRP) and shall, therefore, not be obliged to issue the corresponding marketing authorisations. Instead, Austrian marketing authorisations within the DCP and the MRP shall be valid for Liechtenstein upon request of a marketing authorisation applicant.’ |
|
6. |
The following points shall be inserted after point 15za (Commission Regulation (EC) No 1950/2006) of Chapter XIII of Annex II to the Agreement:
|
|
7. |
The following points shall be inserted in Protocol 37 to the Agreement (containing the list provided for in Article 101):
|
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/18 |
DECISION OF THE EEA JOINT COMMITTEE
No 62/2009
of 29 May 2009
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 6/2009 of 5 February 2009 (1). |
|
(2) |
Commission Directive 2005/28/EC of 8 April 2005 laying down principles and detailed guidelines for good clinical practice as regards investigational medicinal products for human use, as well as the requirements for authorisation of the manufacturing or importation of such products (2) is to be incorporated into the Agreement. |
|
(3) |
Commission Regulation (EC) No 1277/2005 of 27 July 2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (3) is to be incorporated into the Agreement. |
|
(4) |
Council Regulation (EC) No 1905/2005 of 14 November 2005 amending Regulation (EC) No 297/95 on fees payable to the European Medicines Agency (4) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter XIII of Annex II to the Agreement shall be amended as follows:
|
1. |
the following indent shall be added in point 15h (Council Regulation (EC) No 297/95):
|
|
2. |
the following shall be inserted after point 15zd (Commission Regulation (EC) No 507/2006):
|
Article 2
The texts of Regulations (EC) No 1277/2005 and (EC) No 1905/2005 and Directive 2005/28/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 73, 19.3.2009, p. 39.
(4) OJ L 304, 23.11.2005, p. 1.
(*1) Constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/19 |
DECISION OF THE EEA JOINT COMMITTEE
No 63/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following point shall be inserted after point 17i (Directive 2004/54/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:
|
‘17j. |
32008 L 0096: Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59).’. |
Article 2
The text of Directive 2008/96/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 319, 29.11.2008, p. 59.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/20 |
DECISION OF THE EEA JOINT COMMITTEE
No 64/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast) (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The text of point 56j (Directive 2001/25/EC of the European Parliament and of the Council) of Annex XIII to the Agreement shall be replaced by the following:
‘ 32008 L 0106: Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast) (OJ L 323, 3.12.2008, p. 33).’.
Article 2
The text of Directive 2008/106/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 323, 3.12.2008, p. 33.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/21 |
DECISION OF THE EEA JOINT COMMITTEE
No 65/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (2), as corrected by OJ L 33, 4.2.2006, p. 87 and OJ L 105, 13.4.2006, p. 65, is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following point shall be inserted after point 56u (Regulation (EC) No 336/2006 of the European Parliament and of the Council) of Annex XIII to the Agreement:
|
‘56v. |
32005 L 0035: Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11), as corrected by OJ L 33, 4.2.2006, p. 87 and OJ L 105, 13.4.2006, p. 65. The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation: The second sentence of Article 4 shall not apply.’ |
Article 2
The texts of Directive 2005/35/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 255, 30.9.2005, p. 11.
(*1) Constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/22 |
DECISION OF THE EEA JOINT COMMITTEE
No 66/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following indent shall be added in point 66a (Council Regulation (EEC) No 3922/91) of Annex XIII to the Agreement:
|
‘— |
32008 R 0859: Commission Regulation (EC) No 859/2008 of 20 August 2008 (OJ L 254, 20.9.2008, p. 1).’ |
Article 2
The text of Regulation (EC) No 859/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 1.
(2) OJ L 254, 20.9.2008, p. 1.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/23 |
DECISION OF THE EEA JOINT COMMITTEE
No 67/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (2) was incorporated into the Agreement by Decision of the EEA Joint Committee No 61/2004 of 26 April 2004 (3), with country specific adaptations. |
|
(3) |
Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (4) is to be incorporated into the Agreement. |
|
(4) |
Regulation (EC) No 820/2008 repeals Commission Regulation (EC) No 622/2003 (5), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The text of point 66i (Commission Regulation (EC) No 622/2003) of Annex XIII to the Agreement shall be replaced by the following:
|
‘66i |
32008 R 0820: Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (OJ L 221, 19.8.2008, p. 8).’ |
Article 2
The text of Regulation (EC) No 820/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 355, 30.12.2002, p. 1.
(3) OJ L 277, 26.8.2004, p. 175.
(4) OJ L 221, 19.8.2008, p. 8.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/24 |
DECISION OF THE EEA JOINT COMMITTEE
No 68/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (2) was incorporated into the Agreement by Decision of the EEA Joint Committee No 61/2004 of 26 April 2004 (3), with country specific adaptations. |
|
(3) |
Commission Decision C(2008) 4333 final of 08/VIII/2008 laying down additional measures for the implementation of the common basic standards on aviation security is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following point shall be inserted after point 66i (Commission Regulation (EC) No 820/2008) of Annex XIII to the Agreement:
|
‘66ia. |
C(2008) 4333 final: Commission Decision C(2008) 4333 final of 08/VIII/2008 laying down additional measures for the implementation of the common basic standards on aviation security.’ |
Article 2
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1), or on the date of entry into force of the Decision of the EEA Joint Committee No 67/2009 of 29 May 2009, whichever is the later.
Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 355, 30.12.2002, p. 1.
(3) OJ L 277, 26.8.2004, p. 175.
(*1) Constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/25 |
DECISION OF THE EEA JOINT COMMITTEE
No 69/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (2) is to be incorporated into the Agreement. |
|
(3) |
The specific geographical location and low population density of Iceland, as well as the composition of the fleet of aircraft serving on domestic routes in Iceland require that Regulation (EC) No 300/2008 does not apply to domestic air services in the territory of Iceland. The national security measures applicable to domestic air services in Iceland provide an adequate level of protection. |
|
(4) |
In view of the specific situation of Liechtenstein resulting from the combined effect of a very small territory, a specific geographical structure as well as from the fact that the total amount of air traffic in Liechtenstein is very limited, that no international regular air services to or from Liechtenstein are available and that the civil aviation infrastructure in Liechtenstein consists of only one heliport, this Regulation should not apply to the existing civil aviation infrastructure in the territory of Liechtenstein. |
|
(5) |
Regulation (EC) No 300/2008 repeals Regulation (EC) No 2320/2002 of the European Parliament and of the Council (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XIII to the Agreement shall be amended as follows:
|
1. |
The text of point 66h (Regulation (EC) No 2320/2002 of the European Parliament and of the Council) shall be replaced by the following: ‘ 32008 R 0300: Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72). The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
|
|
2. |
The text of Appendix 8 shall be deleted. |
Article 2
The texts of Regulation (EC) No 300/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(3) OJ L 355, 30.12.2002, p. 1.
(*1) Constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/27 |
DECISION OF THE EEA JOINT COMMITTEE
No 70/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (2) is to be incorporated into the Agreement. |
|
(3) |
Commission Regulation (EC) No 1057/2008 of 27 October 2008 amending Appendix II of Annex to Regulation (EC) No 1702/2003 concerning the Airworthiness Review Certificate (EASA Form 15a) (3) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XIII to the Agreement shall be amended as follows:
|
1. |
The following indent shall be added in point 66q (Commission Regulation (EC) No 2042/2003):
|
|
2. |
The following indent shall be added in point 66p (Commission Regulation (EC) No 1702/2003):
|
Article 2
The texts of Regulations (EC) No 1056/2008 and (EC) No 1057/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(2) OJ L 283, 28.10.2008, p. 5.
(3) OJ L 283, 28.10.2008, p. 30.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/28 |
DECISION OF THE EEA JOINT COMMITTEE
No 71/2009
of 29 May 2009
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 50/2009 of 24 April 2009 (1). |
|
(2) |
Commission Regulation (EC) No 298/2009 of 8 April 2009 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following indent shall be added in point 66zab (Commission Regulation (EC) No 474/2006) of Annex XIII to the Agreement:
|
‘— |
32009 R 0298: Commission Regulation (EC) No 298/2009 of 8 April 2009 (OJ L 95, 9.4.2009, p. 16).’ |
Article 2
The text of Regulation (EC) No 298/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 31.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/29 |
DECISION OF THE EEA JOINT COMMITTEE
No 72/2009
of 29 May 2009
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 52/2009 of 24 April 2009 (1). |
|
(2) |
Commission Decision 2008/889/EC of 18 November 2008 amending Decisions 2002/747/EC, 2003/31/EC, 2005/342/EC, 2005/344/EC and 2005/360/EC in order to prolong the validity of the ecological criteria for the award of the Community eco-label to certain products (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XX to the Agreement shall be amended as follows:
|
1. |
The following indent shall be added in points 2h (Commission Decision 2003/31/EC) and 2o (Commission Decision 2002/747/EC):
|
|
2. |
The following shall be added in points 2r (Commission Decision 2005/342/EC), 2t (Commission Decision 2005/344/EC) and 2u (Commission Decision 2005/360/EC): ‘as amended by:
|
Article 2
The text of Decision 2008/889/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 34.
(2) OJ L 318, 28.11.2008, p. 12.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/30 |
DECISION OF THE EEA JOINT COMMITTEE
No 73/2009
of 29 May 2009
amending Annex XXI (Statistics) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 54/2009 of 24 April 2009 (1). |
|
(2) |
Commission Decision 2008/861/EC of 29 October 2008 on rules for implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea (2) is to be incorporated into the Agreement. |
|
(3) |
Decision 2008/861/EC repeals Commission Decision 98/385/EC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XXI to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The text of Decision 2008/861/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 162, 25.6.2009, p. 36.
(2) OJ L 306, 15.11.2008, p. 66.
(3) OJ L 174, 18.6.1998, p. 1.
(*1) No constitutional requirements indicated.
ANNEX
Annex XXI shall be amended as follows:
|
1. |
the text of the first indent (Commission Decision 98/385/EC) in point 7b (Council Directive 95/64/EC) shall be deleted; |
|
2. |
the text of adaptation (b) in point 7b (Council Directive 95/64/EC) shall be deleted; |
|
3. |
the following point shall be inserted after point 7ba (Commission Decision 2005/366/EC):
|
|
4. |
the table in Appendix 2 (‘LIST OF EFTA PORTS’) shall be replaced by the following:
|
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/37 |
DECISION OF THE EEA JOINT COMMITTEE
No 74/2009
of 29 May 2009
amending Annex XXII (Company law) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,
Whereas:
|
(1) |
Annex XXII to the Agreement was amended by Decision of the EEA Joint Committee No 39/2009 of 17 March 2009 (1). |
|
(2) |
Commission Regulation (EC) No 1126/2008 of 3 November 2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (1) is to be incorporated into the Agreement. |
|
(3) |
Commission Regulation (EC) No 1260/2008 of 10 December 2008 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard (IAS) 23 (2) is to be incorporated into the Agreement. |
|
(4) |
Commission Regulation (EC) No 1261/2008 of 16 December 2008 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standard (IFRS) 2 (3) is to be incorporated into the Agreement. |
|
(5) |
Commission Regulation (EC) No 1262/2008 of 16 December 2008 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 13 (4) is to be incorporated into the Agreement. |
|
(6) |
Commission Regulation (EC) No 1263/2008 of 16 December 2008 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 14 (5) is to be incorporated into the Agreement. |
|
(7) |
Commission Regulation (EC) No 1274/2008 of 17 December 2008 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard (IAS) 1 (6) is to be incorporated into the Agreement. |
|
(8) |
Commission Regulation (EC) No 53/2009 of 21 January 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard (IAS) 32 and IAS 1 (7) is to be incorporated into the Agreement. |
|
(9) |
Commission Regulation (EC) No 69/2009 of 23 January 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards amendments to International Financial Reporting Standard (IFRS) 1 and International Accounting Standard (IAS) 27 (8) is to be incorporated into the Agreement. |
|
(10) |
Commission Regulation (EC) No 70/2009 of 23 January 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards Improvements to International Financial Reporting Standards (IFRSs) (9) is to be incorporated into the Agreement. |
|
(11) |
Regulation (EC) No 1126/2008 repeals Commission Regulation (EC) No 1725/2003 (10), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The text of point 10ba (Commission Regulation (EC) No 1725/2003) of Annex XXII to the Agreement shall be replaced by the following:
‘ 32008 R 1126: Commission Regulation (EC) No 1126/2008 of 3 November 2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (OJ L 320, 29.11.2008, p. 1), as amended by:
|
— |
32008 R 1260: Commission Regulation (EC) No 1260/2008 of 10 December 2008 (OJ L 338, 17.12.2008, p. 10), |
|
— |
32008 R 1261: Commission Regulation (EC) No 1261/2008 of 16 December 2008 (OJ L 338, 17.12.2008, p. 17), |
|
— |
32008 R 1262: Commission Regulation (EC) No 1262/2008 of 16 December 2008 (OJ L 338, 17.12.2008, p. 21), |
|
— |
32008 R 1263: Commission Regulation (EC) No 1263/2008 of 16 December 2008 (OJ L 338, 17.12.2008, p. 25), |
|
— |
32008 R 1274: Commission Regulation (EC) No 1274/2008 of 17 December 2008 (OJ L 339, 18.12.2008, p. 3), |
|
— |
32009 R 0053: Commission Regulation (EC) No 53/2009 of 21 January 2009 (OJ L 17, 22.1.2009, p. 23), |
|
— |
32009 R 0069: Commission Regulation (EC) No 69/2009 of 23 January 2009 (OJ L 21, 24.1.2009, p. 10), |
|
— |
32009 R 0070: Commission Regulation (EC) No 70/2009 of 23 January 2009 (OJ L 21, 24.1.2009, p. 16).’. |
Article 2
The texts of Regulations (EC) No 1126/2008, (EC) No 1260/2008, (EC) No 1261/2008, (EC) No 1262/2008, (EC) No 1263/2008, (EC) No 1274/2008, (EC) No 53/2009, (EC) No 69/2009 and (EC) No 70/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 May 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 130, 28.5.2009, p. 34.
(1) OJ L 320, 29.11.2008, p. 1.
(2) OJ L 338, 17.12.2008, p. 10.
(3) OJ L 338, 17.12.2008, p. 17.
(4) OJ L 338, 17.12.2008, p. 21.
(5) OJ L 338, 17.12.2008, p. 25.
(6) OJ L 339, 18.12.2008, p. 3.
(7) OJ L 17, 22.1.2009, p. 23.
(8) OJ L 21, 24.1.2009, p. 10.
(9) OJ L 21, 24.1.2009, p. 16.
(10) OJ L 261, 13.10.2003, p. 1.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/39 |
DECISION OF THE EEA JOINT COMMITTEE
No 75/2009
of 29 May 2009
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 86 and 98 thereof,
Whereas:
|
(1) |
Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 73/2006 of 2 June 2006 (1). |
|
(2) |
It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 1351/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing a multiannual Community programme on protecting children using the Internet and other communication technologies (2). |
|
(3) |
Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2009, |
HAS DECIDED AS FOLLOWS:
Article 1
The following indent shall be added in Article 2(5) of Protocol 31 to the Agreement:
|
‘— |
32008 D 1351: Decision No 1351/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing a multiannual Community programme on protecting children using the Internet and other communication technologies (OJ L 348, 24.12.2008, p. 118).’ |
Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*1).
It shall apply from 1 January 2009.
Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 May 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) OJ L 245, 7.9.2006, p. 44.
(2) OJ L 348, 24.12.2008, p. 118.
(*1) No constitutional requirements indicated.
|
3.9.2009 |
EN |
Official Journal of the European Union |
L 232/40 |
DECISION OF THE EEA JOINT COMMITTEE
No 76/2009
of 30 June 2009
amending Protocol 10 on simplification of inspections and formalities in respect of carriage of goods and Protocol 37 containing the list provided for in Article 101
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 98 and 101 thereof,
Whereas:
|
(1) |
Protocol 10 to the Agreement has not been amended by the EEA Joint Committee. |
|
(2) |
Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No 61/2009 of 29 May 2009 (1). |
|
(3) |
Protocol 10 to the Agreement should be amended in the mutual interest of the European Community and the EFTA States to avoid unnecessary restrictions and to provide a set of provisions establishing equivalent customs security measures for the transport of goods coming from and going to third countries. |
|
(4) |
This Decision of the EEA Joint Committee should not apply to Iceland and Liechtenstein. However, it should be open to all EFTA States, subject to a new Decision of the EEA Joint Committee. |
|
(5) |
The Community and Norway are determined to improve security in trade of goods entering or leaving their territory without impeding the free flow of this trade. |
|
(6) |
In the mutual interest of the Community and Norway, equivalent customs security measures should be established for the transport of goods coming from and going to third countries, and enter into force simultaneously with the corresponding measures applied by the Member States of the European Union. |
|
(7) |
The Community and Norway are determined to guarantee an equivalent level of security on their respective territories by customs security measures based on the legislation in force in the Community. |
|
(8) |
The customs security measures in question relate to the declaration of security data covering the goods prior to their entry or exit, to the security risk management and its related customs controls, as well as to the attribution of the mutually recognised status of authorised economic operator. |
|
(9) |
It is desirable that Norway be consulted on the development of the Community’s rules relating to customs security measures, and that it be informed about their application. It is therefore necessary to amend Protocol 37 to the Agreement which lists committees to the work of which experts from the EFTA States shall be associated when it is called for to ensure the good functioning of the Agreement. |
|
(10) |
In so far as Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data was incorporated into the Agreement by Decision of the EEA Joint Committee No 83/1999 (2), Norway provides for an adequate level of protection of personal data, |
HAS DECIDED AS FOLLOWS:
Article 1
Protocol 10 to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
In protocol 37 to the Agreement the following point shall be added:
|
‘29. |
The Customs Code Committee (Council Regulation (EEC) No 2913/92).’ |
Article 3
1. This Decision shall enter into force on 1 July 2009 or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement, whichever is the later (*1).
2. Pending the notifications referred to in paragraph 1, the Community and Norway shall apply this Decision provisionally as from 1 July 2009 or from a later date agreed by the Community and Norway and notified to the other EFTA States and the EFTA Surveillance Authority.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 30 June 2009.
For the EEA Joint Committee
The President
Alan SEATTER
(1) See page 13 of this Official Journal.
(2) OJ L 296, 23.11.2000, p. 41.
(*1) No constitutional requirements indicated.
ANNEX
Protocol 10 to the Agreement shall be amended as follows:
|
1. |
The following paragraphs shall be added to Article 2: ‘3. The customs security measures in Chapter IIa and Annexes I and II to the Protocol shall only apply between the Community and Norway. 4. When reference is made to the customs territory of the Contracting Parties in Chapter IIa and Annexes I and II to this Protocol, it covers:
|
|
2. |
The following Chapter shall be inserted after Chapter II (PROCEDURES): ‘CHAPTER IIa CUSTOMS SECURITY MEASURES Article 9a Definitions For the purposes of this Chapter:
Article 9b General provisions on security 1. The Contracting Parties shall introduce and apply to goods entering or leaving their customs territories the customs security measures defined in this Chapter ensuring thus an equivalent level of security at their external borders. 2. The Contracting Parties shall waive the application of the customs security measures defined in this Chapter where goods are carried between their respective customs territories. 3. Before concluding any agreement with a third country in the area covered by this Chapter, the Contracting Parties shall consult each other in order to ensure the compatibility with the provisions of this Chapter, particularly where that agreement contains provisions that are derogating from the customs security measures referred to in this Chapter. Each Contracting Party shall ensure that agreements with third countries do not create rights and obligations for another Contracting Party unless the EEA Joint Committee decides otherwise. Article 9c Pre-arrival and pre-departure declarations 1. Goods brought from third countries into the customs territory of the Contracting Parties shall be covered by an entry declaration (hereinafter referred to as the entry summary declaration) with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory. 2. Goods leaving the customs territory of the Contracting Parties for third countries, shall be covered by an exit declaration (hereinafter referred to as the exit summary declaration) with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory. 3. Entry and exit summary declarations shall be lodged before the goods are brought into or leave the customs territory of the Contracting Parties. 4. The lodging of the entry and exit summary declarations referred to in paragraphs 1 and 2 is optional until 31 December 2010 provided that transitional measures derogating from the obligation to present such declarations are applicable in the Community. Where, in accordance with the first subparagraph, the entry or exit summary declaration is not lodged, risk analysis for customs security matters, referred to in Article 9e, shall be carried out by the customs authorities at the latest upon presentation of the goods at arrival or exit, where appropriate on the basis of any declaration covering these goods or any other information available for them. 5. Each Contracting Party shall determine the persons liable for lodging entry or exit summary declarations as well as the authorities competent for accepting such declaration. 6. Annex I to this Protocol establishes:
7. A customs declaration may be used as an entry or an exit summary declaration provided that it contains all the particulars required for a summary declaration. Article 9d Authorised economic operator 1. Each Contracting Party shall grant, subject to the criteria provided for in Annex II to this Protocol, the status of “authorised economic operator” to any economic operator established in its customs territory. However, subject to specific conditions, in particular taking into account international agreements with third countries, the requirement of being established in the customs territory of a Contracting Party may be waived for specific categories of authorised economic operators. Moreover, each Contracting Party shall determine whether and under what conditions an airline or shipping company which is not established on its territory but has a regional office there may be granted this status. An authorised economic operator shall benefit from facilitations with regard to security-related customs controls. The status of authorised economic operator granted in one Contracting Party shall, subject to the rules and conditions laid down in paragraph 2, be recognised by another Contracting Party, without prejudice to customs controls, particularly with a view to taking into account the implementation of agreements with third countries providing for a mutual recognition of the status of an authorised economic operator. 2. Annex II of this Protocol lays down:
Article 9e Security related customs controls and security risk management 1. Customs controls other than random checks, shall be based on risk analysis using automated data processing techniques. 2. Each Contracting Party shall define its risk management framework, risk criteria and priority control areas related to security. 3. The Contracting Parties shall recognise the equivalence of their risk managements systems related to security. 4. The Contracting Parties shall cooperate with a view to:
5. The EEA Joint Committee shall adopt the measures necessary for the application of this Article. Article 9f Monitoring of the implementation of customs security measures 1. The EEA Joint Committee shall define the rules allowing the Contracting Parties to ensure the monitoring of the implementation of this Chapter and to verify whether the provisions of this Chapter and Annexes I and II to this Protocol are complied with. 2. The monitoring referred to in paragraph 1 shall be ensured by:
3. The measures taken in compliance with this Article shall not infringe the rights of operators concerned. Article 9g Protection of professional secrecy and of personal data Information exchanged by the Contracting Parties in the framework of the provisions of this Chapter is protected by the law on professional secrecy and protection of personal data applicable in the Contracting Party to which the information is submitted. The information shall not be made available to any persons other than the competent authorities in the Contracting Party and shall not be used by these authorities for any purpose other than those provided for in this Chapter. Article 9h Evolution of legislation 1. All changes in Community legislation relevant to the rights and obligations of the Contracting Parties created by this Chapter and Annexes I and II to this Protocol shall be subject to the procedure stipulated in this Article. 2. As soon as the Community is drawing up new legislation in a field which is governed by this Chapter, it shall informally seek advice from experts of the EFTA State concerned according to the procedure stipulated in Article 99 of the Agreement. 3. When amendments to this Chapter and to Annexes I and II to this Protocol are necessary to take into account the development of Community legislation on matters covered by this Chapter and Annexes I and II, they shall be decided in such a manner as to allow applying these amendments simultaneously with those introduced in Community legislation and with due respect for the internal procedures of the Contracting Parties. If a decision cannot be adopted in a way that allows such simultaneous application, the Contracting Parties shall where possible and with due respect for their internal procedures, provisionally apply the amendments provided for in the draft Decision. 4. For issues which are relevant for the EFTA State concerned, the Community shall ensure the participation as observers of experts from the EFTA State concerned in the Customs Code Committee set up by Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. Article 9i Safeguard measures and suspension of the provisions of this Chapter 1. If a Contracting Party does not respect the conditions stipulated in this Chapter or if the equivalency of the customs security measures in the Contracting Parties is no longer assured, after consultations in the EEA Joint Committee and only for a scope and duration strictly necessary for settling the situation, another Contracting Party may suspend partially or completely the application of the provisions of this Chapter or take appropriate measures. Articles 112 to 114 of the Agreement apply mutatis mutandis. 2. If the equivalency of the customs security measures is no longer assured because the amendments referred to in Article 9h(3) have not been decided, the application of this Chapter is suspended on the date when the Community legislation concerned is applied, unless the EEA Joint Committee, having examined the measures to maintain its application, decides otherwise. Article 9j Prohibitions or restrictions on imports, exports or goods in transit The provisions of this Chapter shall not preclude prohibitions or restrictions on imports, exports or goods in transit, introduced by the Contracting Parties or by the Member States of the Community and justified on grounds of public morality, public policy and public security, the protection of health and life of humans, animals or plants and the environment, the protection of national treasures possessing artistic, historical or archaeological value, or the protection of industrial and commercial property. Article 9k The competences of the EFTA Surveillance Authority In cases concerning the application of this Chapter and Annexes I and II to this Protocol, the EFTA Surveillance Authority shall, before acting, launch consultations in accordance with Article 109(2) of the Agreement. Article 9l Annexes The Annexes to this Protocol shall form an integral part thereof.’ |
|
3. |
The following Annexes shall be added: ‘ANNEX I ENTRY AND EXIT SUMMARY DECLARATIONS Article 1 Form and content of the entry or exit summary declaration 1. The entry or exit summary declaration shall be lodged using a data processing technique. Commercial, port or transport documentation may be used, provided that it contains the necessary particulars. 2. The entry or exit summary declaration shall contain the particulars laid down for such declaration in Annex 30A of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (1). It shall be completed in accordance with the explanatory notes in that Annex. The summary declaration shall be authenticated by the person making it. 3. The customs authorities shall allow the lodging of a paper-based entry or exit summary declaration, or any other means replacing it as agreed between the customs authorities, only in one of the following circumstances:
provided that the customs authorities apply the same level of risk management as that applied to entry or exit summary declarations made using a data processing technique. The paper-based entry or exit summary declaration shall be signed by the person making it. Such paper-based entry or exit summary declarations shall be accompanied, where necessary, by loading lists or other appropriate lists, and shall contain the particulars referred to in paragraph 2. 4. Each Contracting Party shall define the conditions and procedures according to which the person lodging the entry or exit summary declaration may modify one or more of the particulars of the declaration after lodging it, with the to customs authorities. Article 2 Exceptions from the obligation to lodge an entry or exit summary declaration 1. An entry or exit summary declaration shall not be required in respect of the following goods:
2. An entry or exit summary declaration shall not be required in cases provided for in international agreements concluded by a Contracting Party with a third country in the area of security subject to the procedure referred to in Article 9b(3) of this Protocol. 3. An entry or exit summary declaration is not required in the Community in cases provided for in point (j) Article 181c, point (j) Article 592a, and point (b) of Article 842a(2) of Regulation (EEC) No 2454/93. Article 3 Place where the entry or exit summary declaration has to be lodged 1. The entry summary declaration shall be lodged with the competent customs office in the customs territory of the Contracting Party where the goods are brought in from third countries. On the basis of the data included in the declaration, that customs office shall carry out the risks analysis as well as the security customs controls that are deemed necessary, including when the goods are destined for the other Contracting Party. 2. The exit summary declaration shall be lodged with the competent customs office in the customs territory of the Contracting Party where the exit formalities for goods destined for third countries are carried out. However, where an export declaration is used as an exit summary declaration, it shall be lodged with the competent customs office in the customs territory of the Contracting Party where the formalities related to the export to a third country are carried out. That competent office shall carry out the risk analysis on the basis of the data included in the declaration as well as the security customs controls that are deemed necessary. 3. When goods leave the customs territory of a Contracting Party to a third country through the customs territory of the other Contracting Party, the data referred to in Article 1(2) shall be transmitted by the competent authorities of the first Contracting Party to the competent authorities of the second Contracting Party. The Contracting Parties shall endeavour to establish a connection with a view to using a common system of data transmission, which contains all information necessary to certify the exit of the goods in question. However, the EEA Joint Committee may determine cases where the transmission of the data is not required provided that such cases do not prejudice the level of security that is guaranteed by this Protocol. Where the Contracting Parties are unable to carry out the transmission of data referred to in the first subparagraph on the date of application of this Protocol, the exit summary declaration for goods leaving a Contracting Party for a third country through the customs territory of another Contracting Party, except for goods in direct air transportation, shall be lodged only with the competent authorities of the second Contracting Party. Article 4 Deadlines for lodging an entry or an exit summary declaration 1. Deadlines by which the entry or exit summary declaration is to be lodged shall be those referred to in Articles 184a and 592b of Regulation (EEC) No 2454/93. 2. Subject to the procedure referred to in Article 9b(3) of this Protocol, the deadlines mentioned in paragraph 1 shall not apply where international agreements on security between the Contracting Party and third countries provide otherwise. ‘ANNEX II AUTHORISED ECONOMIC OPERATOR TITLE I Granting the status of authorised economic operator Article 1 General provisions 1. The criteria for granting the status of authorised economic operator shall include:
2. Each Contracting Party shall determine the procedure for granting the status of authorised economic operator and the legal effects of that status. 3. The Contracting Parties shall ensure that their customs authorities control that all the conditions and criteria for granting the status are complied with by the authorised economic operator and shall review them in case of an important amendment to the legislation concerned or when new circumstances appear, which raise a reasonable suspicion on the part of the authorities that the operator no longer complies with the conditions and criteria concerned. Article 2 Record of compliance 1. The record of compliance with customs requirements shall be considered as appropriate if over the last three years preceding the submission of the application no serious infringement or repeated infringements of customs rules have been committed by any of the following persons:
2. The record of compliance with customs requirements may be considered as appropriate if the competent customs authority considers any infringement to be of negligible importance in relation to the number or size of the customs-related operations, and not to create doubts concerning the good faith of the applicant. 3. If the persons exercising control over the applicant company are established or resident in a third country, the customs authorities shall assess their compliance with customs requirements on the basis of records and information that are available to them. 4. If the applicant has been established for less than three years, the customs authorities shall assess his compliance with customs requirements on the basis of the records and information that are available to them. Article 3 Satisfactory system of managing of commercial and transport records To enable the customs authorities to establish that the applicant has a satisfactory system of managing commercial and, where appropriate, transport records, the applicant shall fulfil the following requirements:
Article 4 Financial solvency 1. For the purposes of this Article, financial solvency shall mean a good financial standing which is sufficient to fulfil the commitments of the applicant, with due regard to the characteristics of the type of the business activity. 2. The condition relating to the financial solvency of the applicant shall be deemed to be met if his solvency can be proven for the past three years. 3. If the applicant has been established for less than three years, his financial solvency shall be judged on the basis of records and information that are available. Article 5 Security and safety standards 1. The applicant’s security and safety shall be considered to be appropriate if the following conditions are fulfilled:
2. If the applicant, established in the Contracting Parties, is the holder of an internationally recognised security and/or safety certificate issued on the basis of international conventions, of a European security and/or safety certificate issued on the basis of Community legislation, of an International Standard of the International Organisation for Standardisation, or of a European Standard of the European standard organisations, or of any other recognised certificate, the criteria provided for in paragraph 1 shall be deemed to be met to the extent that the criteria for issuing these certificates are identical or correspond to those laid down in this Annex. TITLE II Facilitation granted to authorised economic operators Article 6 Facilitation granted to authorised economic operators The customs authorities shall grant an authorised economic operator the following facilitations:
TITLE III Suspension and revocation of the status of authorised economic operator Article 7 Suspension of the status 1. The status of authorised economic operator shall be suspended by the issuing customs authority in the following cases:
2. In the case referred to in point (b) of paragraph 1, the customs authority may decide not to suspend the status of authorised economic operator if it considers an infringement to be of negligible importance in relation to the number or size of the customs related operations and not to create doubts concerning the good faith of the authorised economic operator. 3. Where the nature or the level of the threat to citizens’ security and safety, to public health or to the environment so requires, suspension shall take place immediately. 4. The suspension shall not affect any customs procedure already started before the date of suspension and not yet completed. 5. Each Contracting Party shall determine the duration of the suspension period which is to allow the authorised economic operator to regularise the situation. 6. When the economic operator concerned has, to the satisfaction of the customs authorities, taken the necessary measures to comply with the conditions and criteria that have to be met by an authorised economic operator, the issuing customs authority shall withdraw the suspension. Article 8 Revocation of the status 1. The status of the authorised economic operator shall be revoked by the issuing customs authority in the following cases:
2. However, in the case referred to in point (a) of paragraph 1, the customs authority may decide not to revoke the status if it considers the infringements to be of negligible importance in relation to the number or size of the customs related operations and not to create doubts concerning the good faith of the authorised economic operator. 3. Revocation shall take effect from the day following its notification. TITLE IV Exchange of information Article 9 Exchange of information The European Commission and the customs authorities of the relevant EFTA State shall, on a regular basis, exchange the following data concerning the identity of the authorised economic operators:
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