22.1.2015   

EN

Official Journal of the European Union

L 15/87

(1)

Article 128 of the EEA Agreement stipulates that any European State becoming a member of the European Union shall apply to become a Party to the EEA Agreement, and that the terms and conditions for such participation shall be subject to an agreement between the Contracting Parties and the applicant State.

(2)

Following successful conclusion of the European Union enlargement negotiations, the Republic of Croatia (‘the New Contracting Party’) submitted an application to become party to the EEA Agreement.

(3)

The Agreement on the participation of the Republic of Croatia in the European Economic Area (1) (‘the EEA Enlargement Agreement’) was signed on 11 April 2014.

(4)

Pursuant to Article 1(2) of the EEA Enlargement Agreement, the provisions of the EEA Agreement, as amended by the Decisions of the EEA Joint Committee adopted before 30 June 2011, shall, as from the entry into force of the EEA Enlargement Agreement, be binding on the New Contracting Party under the same conditions as on the present Contracting Parties and under the terms and conditions laid down in the EEA Enlargement Agreement.

(5)

Since 30 June 2011, a number of EU acts have been incorporated into the EEA Agreement by decisions of the EEA Joint Committee.

(6)

In order to guarantee the homogeneity of the EEA Agreement and legal security for individuals and economic operators, it needs to be made clear that the EU acts referred to or contained in the abovementioned decisions shall be binding upon the New Contracting Party as of the entry into force of the EEA Enlargement Agreement.

(7)

Pursuant to Article 3(5) of the EEA Enlargement Agreement, where adaptations to EU acts incorporated into the EEA Agreement prior to the date of entry into force of the EEA Enlargement Agreement are required by reason of the New Contracting Party's participation, and where such adaptations have not been provided for in the EEA Enlargement Agreement, those adaptations will be addressed in accordance with the procedures laid down in the EEA Agreement.

(8)

Pursuant to Article 4(2) of the EEA Enlargement Agreement, any of the arrangements of relevance for the EEA Agreement referred to in or adopted on the basis of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community (2) (‘Act of Accession of 9 December 2011’), which is not reflected in the EEA Enlargement Agreement, will be addressed in accordance with the procedures laid down in the EEA Agreement.

(9)

Pursuant to Protocol 44 to the EEA Agreement on safeguard mechanisms pursuant to enlargements of the European Economic Area, which is inserted into the EEA Agreement by Article 2(2) of the EEA Enlargement Agreement, the decision-making procedure provided for by the EEA Agreement shall be applicable to decisions taken by the European Commission in application of Article 38 of the Act of Accession of 9 December 2011.

(10)

The Annexes and Protocols to the EEA Agreement should therefore be amended accordingly.

(11)

The amendments to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (3) provided for by the Act of Accession of 9 December 2011 are to be made part of the EEA Agreement.

(12)

Commission Regulation (EU) No 481/2013 of 24 May 2013 adapting Implementing Regulation (EU) No 788/2012 as regards the number of samples to be taken and analysed by Croatia for the pesticide/product combinations (4) is to be incorporated into the EEA Agreement.

(13)

Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (5) is to be incorporated into the EEA Agreement.

(14)

Commission Regulation (EU) No 519/2013 of 21 February 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia (6) is to be incorporated into the EEA Agreement.

(15)

Commission Regulation (EU) No 656/2013 of 10 July 2013 laying down transitional measures regarding the model passport issued in Croatia for dogs, cats and ferrets (7) is to be incorporated into the EEA Agreement.

(16)

Council Directive 2013/15/EU of 13 May 2013 adapting certain directives in the field of free movement of goods, by reason of the accession of the Republic of Croatia (8) is to be incorporated into the EEA Agreement.

(17)

Council Directive 2013/16/EU of 13 May 2013 adapting certain directives in the field of public procurement, by reason of the accession of the Republic of Croatia (9) is to be incorporated into the EEA Agreement.

(18)

Council Directive 2013/17/EU of 13 May 2013 adapting certain directives in the field of environment, by reason of the accession of the Republic of Croatia (10) is to be incorporated into the EEA Agreement.

(19)

Council Directive 2013/18/EU of 13 May 2013 adapting Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia (11) is to be incorporated into the EEA Agreement.

(20)

Council Directive 2013/20/EU of 13 May 2013 adapting certain directives in the field of food safety, veterinary and phytosanitary policy, by reason of the accession of the Republic of Croatia (12) is to be incorporated into the EEA Agreement.

(21)

Council Directive 2013/21/EU of 13 May 2013 adapting Council Directive 67/548/EEC and Directive 1999/45/EC of the European Parliament and of the Council in the field of environment, by reason of the accession of the Republic of Croatia (13) is to be incorporated into the EEA Agreement.

(22)

Council Directive 2013/22/EU of 13 May 2013 adapting certain directives in the field of transport policy, by reason of the accession of the Republic of Croatia (14) is to be incorporated into the EEA Agreement.

(23)

Council Directive 2013/23/EU of 13 May 2013 adapting certain directives in the field of financial services, by reason of the accession of the Republic of Croatia (15) is to be incorporated into the EEA Agreement.

(24)

Council Directive 2013/24/EU of 13 May 2013 adapting certain directives in the field of company law, by reason of the accession of the Republic of Croatia (16) is to be incorporated into the EEA Agreement.

(25)

Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia (17) is to be incorporated into the EEA Agreement.

(26)

Commission Directive 2013/26/EU of 8 February 2013 adapting certain directives in the field of food safety, veterinary and phytosanitary policy, by reason of the accession of Croatia (18) is to be incorporated into the EEA Agreement.

(27)

Commission Implementing Decision 2013/290/EU of 14 June 2013 amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces due to the accession of Croatia (19) is to be incorporated into the EEA Agreement.

(28)

Commission Implementing Decision 2013/291/EU of 14 June 2013 laying down transitional measures for certain products of animal origin covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council introduced into Croatia from third countries before 1 July 2013 (20) is to be incorporated into the EEA Agreement.

(29)

Commission Implementing Decision 2013/346/EU of 28 June 2013 approving the plan submitted by Croatia for the approval of establishments for the purposes of intra-Union trade in poultry and hatching eggs pursuant to Council Directive 2009/158/EC (21) is to be incorporated into the EEA Agreement.

(30)

Commission Implementing Decision 2013/347/EU of 28 June 2013 approving contingency plans submitted by Croatia for the control of certain animal diseases (22) is to be incorporated into the EEA Agreement.

(31)

As the EEA Agreement extends the internal market to the EFTA States, it is necessary for the good functioning of the internal market that this decision will apply and enter into force without undue delay.

(32)

As the EEA Enlargement Agreement has not yet entered into force, but is applicable on a provisional basis, this Decision will, pending the entry into force of the EEA Enlargement Agreement, apply provisionally as well,

1.

The following is added in point 121 (Commission Decision 2003/803/EC) in Part 1.2:

‘The transitional arrangements set out in the following act shall apply:

2.

The following indent is added in point 17 (Regulation (EC) No 853/2004 of the European Parliament and of the Council) in Part 6.1 under the heading on transitional arrangements:

.

3.

Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 4.2, the following point is inserted after point 58 (Commission Decision 2007/17/EC):

.

4.

Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 3.2, the following point shall be inserted after point 48 (Commission Implementing Decision 2013/764/EU):

.