52002SC1036

Draft STATEMENT OF THE EEA JOINT COMMITTEE concerning the EEA Agreement - Annex II, Chapter XIV - regarding the review clauses in the field of fertilisers - Draft common statement of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The EFTA States of the EEA have always had the right to limit the access of fertilisers containing cadmium to their markets. Austria, Finland and Sweden retained that right when they joined the EU.

2. The Joint Committee adopted at its 62nd meeting on 26 March 1999 a Joint Declaration of the same content, except for the dates.

3. The substance of the proposed Joint Declaration corresponds to the internal arrangement of the Community concerning the three above-mentioned Member States.

4. Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establish the Community position in questions of this type.

5. The Council is requested to approve the attached draft Joint Declaration for adoption by the EEA Joint Committee. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in November 2002.

EUROPEAN ECONOMIC AREA THE EEA JOINT COMMITTEE

Joint statement concerning the EEA Agreement - Annex II, Chapter XIV - regarding the review clauses in the field of fertilisers

Point 1: Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers (OJ L 24, 30.1.1976, p. 21)

The adaptation text to this Directive permits the EFTA States to limit access to their markets according to the requirements of their legislation existing at the date of entry into force of the EEA Agreement concerning cadmium in fertilisers. The Contracting Parties jointly reviewed the situation in 2001.

On the basis of the review the Contracting Parties have agreed on a prolongation of the aforementioned situation. A new joint review shall take place in 2005.