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Document L:2008:100:FULL
Official Journal of the European Union, L 100, 10 April 2008
Official Journal of the European Union, L 100, 10 April 2008
Official Journal of the European Union, L 100, 10 April 2008
ISSN 1725-2555 |
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Official Journal of the European Union |
L 100 |
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English edition |
Legislation |
Volume 51 |
Contents |
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IV Other acts |
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EUROPEAN ECONOMIC AREA |
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The 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
The EEA Joint Committee
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/1 |
DECISION OF THE EEA JOINT COMMITTEE
No 132/2007
of 26 October 2007
amending certain Annexes and Protocols 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) |
Article 128 of the Agreement stipulates that any European State becoming a member of the Community shall apply to become a Party to the 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 Community enlargement negotiations, the Republic of Bulgaria and Romania (New Contracting Parties) submitted applications to become parties to the Agreement. |
(3) |
The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area (EEA Enlargement Agreement) was signed on 25 July 2007 in Brussels. |
(4) |
Pursuant to Article 1(2) of the EEA Enlargement Agreement, the provisions of the Agreement, as amended by the Decisions of the EEA Joint Committee adopted before 1 October 2004, shall, as from the entry into force of the EEA Enlargement Agreement, be binding on the New Contracting Parties under the same conditions as on the Present Contracting Parties, as defined in the EEA Enlargement Agreement, and under the terms and conditions laid down in the EEA Enlargement Agreement. |
(5) |
Since 1 October 2004, a number of EC acts have been incorporated into the Agreement through Decisions of the EEA Joint Committee. |
(6) |
In order to guarantee the homogeneity of the Agreement and the legal security for individuals and economic operators, these EC acts shall be binding upon the New Contracting Parties as of the entry into force of the EEA Enlargement Agreement. |
(7) |
Pursuant to Article 3(6) of the EEA Enlargement Agreement, where adaptations to EC acts incorporated into the Agreement prior to the date of entry into force of the EEA Enlargement Agreement are required by reason of the New Contracting Parties' participation in the European Economic Area, and those 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 Agreement. |
(8) |
Pursuant to Article 4(3) of the EEA Enlargement Agreement, any of the arrangements of relevance for the Agreement referred to in or adopted on the basis of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (1) (Act of Accession of 25 April 2005) which is not in the EEA Enlargement Agreement, will be addressed in accordance with the procedures laid down in the Agreement. |
(9) |
Pursuant to Protocol 44 to the Agreement on safeguard mechanisms pursuant to enlargements of the European Economic Area, the general decision-making procedure provided for by the Agreement shall be applicable to decisions taken by the Commission of the European Communities in application of Article 37 of the Act of Accession of 25 April 2005. |
(10) |
To this end, certain Protocols and Annexes to the Agreement need to be amended. |
(11) |
The amendments to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2) provided for by the Act of Accession of 25 April 2005 are to be made part of the Agreement. |
(12) |
Commission Regulation (EC) No 1792/2006 of 23 October 2006 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union, and external relations by reason of the accession of Bulgaria and Romania (3) is to be incorporated into the Agreement. |
(13) |
Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (4) is to be incorporated into the Agreement. |
(14) |
Commission Regulation (EC) No 2016/2006 of 19 December 2006 adapting several regulations concerning the common organisation of the market in wine by reason of the accession of Bulgaria and Romania to the European Union (5) is to be incorporated into the Agreement. |
(15) |
Commission Regulation (EC) No 1962/2006 of 21 December 2006 in application of Article 37 of the Act of Accession of Bulgaria to the European Union (6), as corrected by OJ L 47, 16.2.2007, p. 8, is to be incorporated into the Agreement. |
(16) |
Commission Directive 2006/80/EC of 23 October 2006 adapting certain directives in the field of energy, by reason of the accession of Bulgaria and Romania (7) is to be incorporated into the Agreement. |
(17) |
Commission Directive 2006/81/EC of 23 October 2006 adapting Directive 95/17/EC as regards the non-inclusion of one or more ingredients on the list used for the labelling of cosmetic products and Directive 2005/78/EC as regards the measures to be taken against the emission of gaseous and particulate pollutants from engines for use in vehicles, by reason of the accession of Bulgaria and Romania (8) is to be incorporated into the Agreement. |
(18) |
Commission Directive 2006/82/EC of 23 October 2006 adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania (9) is to be incorporated into the Agreement. |
(19) |
Commission Directive 2006/83/EC of 23 October 2006 adapting Directive 2002/4/EC on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC, by reason of the accession of Bulgaria and Romania (10) is to be incorporated into the Agreement. |
(20) |
Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania (11) is to be incorporated into the Agreement. |
(21) |
Council Directive 2006/97/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania (12) is to be incorporated into the Agreement. |
(22) |
Council Directive 2006/99/EC of 20 November 2006 adapting certain Directives in the field of company law, by reason of the accession of Bulgaria and Romania (13) is to be incorporated into the Agreement. |
(23) |
Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of free movement of persons, by reason of the accession of Bulgaria and Romania (14) is to be incorporated into the Agreement. |
(24) |
Council Directive 2006/101/EC of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide services, by reason of the accession of Bulgaria and Romania (15) is to be incorporated into the Agreement. |
(25) |
Council Directive 2006/102/EC of 20 November 2006 adapting Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances, by reason of the accession of Bulgaria and Romania (16) is to be incorporated into the Agreement. |
(26) |
Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania (17) is to be incorporated into the Agreement. |
(27) |
Council Directive 2006/104/EC of 20 November 2006 adapting certain Directives in the field of agriculture (veterinary and phytosanitary legislation), by reason of the accession of Bulgaria and Romania (18) is to be incorporated into the Agreement. |
(28) |
Council Directive 2006/105/EC of 20 November 2006 adapting Directives 73/239/EC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania (19) is to be incorporated into the Agreement. |
(29) |
Council Directive 2006/107/EC of 20 November 2006 adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania (20) is to be incorporated into the Agreement. |
(30) |
Council Directive 2006/108/EC of 20 November 2006 adapting Directives 90/377/EEC and 2001/77/EC in the field of energy, by reason of the accession of Bulgaria and Romania (21) is to be incorporated into the Agreement. |
(31) |
Council Directive 2006/109/EC of 20 November 2006 adapting Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, by reason of the accession of Bulgaria and Romania (22) is to be incorporated into the Agreement. |
(32) |
Council Directive 2006/110/EC of 20 November 2006 adapting Directives 95/57/EC and 2001/109/EC in the field of statistics, by reason of the accession of Bulgaria and Romania (23) is to be incorporated into the Agreement. |
(33) |
Commission Decision 2006/800/EC of 23 November 2006 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of those pigs against that disease in Bulgaria (24) is to be incorporated into the Agreement. |
(34) |
Commission Decision 2006/802/EC of 23 November 2006 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of those pigs and of pigs in holdings against that disease in Romania (25) is to be incorporated into the Agreement. |
(35) |
Commission Decision 2006/924/EC of 13 December 2006 amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (26) is to be incorporated into the Agreement. |
(36) |
Commission Decision 2006/926/EC of 13 December 2006 amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of Bulgaria and Romania (27) is to be incorporated into the Agreement. |
(37) |
Commission Decision 2007/13/EC of 22 December 2006 adapting Decision 2002/459/EC as regards the additions to be made to the list of units in the Traces computer network as a result of the accession of Bulgaria and Romania (28) is to be incorporated into the Agreement. |
(38) |
Commission Decision 2007/16/EC of 22 December 2006 laying down transitional measures for intra-Community trade in semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained in Bulgaria and Romania (29) is to be incorporated into the Agreement. |
(39) |
Commission Decision 2007/17/EC of 22 December 2006 approving plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs pursuant to Council Directive 90/539/EEC (30) is to be incorporated into the Agreement. |
(40) |
Commission Decision 2007/18/EC of 22 December 2006 approving contingency plans for the control of foot-and-mouth disease pursuant to Council Directive 2003/85/EC (31) is to be incorporated into the Agreement. |
(41) |
Commission Decision 2007/19/EC of 22 December 2006 approving contingency plans for the control of classical swine fever pursuant to Council Directive 2001/89/EC (32) is to be incorporated into the Agreement. |
(42) |
Commission Decision 2007/24/EC of 22 December 2006 approving contingency plans for the control of avian influenza and Newcastle disease (33) is to be incorporated into the Agreement. |
(43) |
Commission Decision 2007/69/EC of 18 December 2006 authorising Romania to postpone the application of certain provisions of Council Directive 2002/53/EC with regard to the marketing of seed of certain varieties of agricultural plant species (34) is to be incorporated into the Agreement. |
(44) |
Commission Decision 2007/136/EC of 23 February 2007 laying down transitional measures for the system for the identification and registration of ovine and caprine animals in Bulgaria, as provided for in Council Regulation (EC) No 21/2004 (35) is to be incorporated into the Agreement. |
(45) |
Commission Decision 2007/228/EC of 11 April 2007 laying down transitional measures for the system for the identification and registration of ovine and caprine animals in Romania provided for in Council Regulation (EC) No 21/2004 (36) is to be incorporated into the Agreement. |
(46) |
Commission Decision 2007/329/EC of 2 May 2007 laying down transitional measures derogating from Council Directive 2002/53/EC as regards the marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to Orobanche spp., by reason of the accession of Bulgaria (37) is to be incorporated into the Agreement. |
(47) |
As the 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. |
(48) |
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, |
HAS DECIDED AS FOLLOWS:
Article 1
All Decisions of the EEA Joint Committee adopted after 1 October 2004, are hereby declared binding upon the New Contracting Parties.
Article 2
The texts of the Decisions of the EEA Joint Committee referred to in Article 1 shall be drawn up and authenticated by the Contracting Parties in the Bulgarian and Romanian languages.
Article 3
The following indent shall be added in point 2 (Council Regulation (EC) No 1493/1999) of Appendix 1 to Protocol 47 on the abolition of technical barriers to trade in wine:
‘— |
1 2005 SA: Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded adopted on 25 April 2005 (OJ L 157, 21.6.2005, p. 203).’ |
Article 4
1. The following indent shall be introduced in the points of the Annexes and Protocol to the Agreement listed in Annex I to this Decision:
‘— |
32006 R 1792: Commission Regulation (EC) No 1792/2006 of 23 October 2006 (OJ L 362, 20.12.2006, p. 1).’ |
2. The following indent shall be introduced in the points of the Annexes and Protocols to the Agreement listed in Annex II to this Decision:
‘— |
32006 R 1791: Council Regulation (EC) No 1791/2006 of 20 November 2006 (OJ L 363, 20.12.2006, p. 1).’ |
3. The following indent shall be introduced in the point of the Protocol to the Agreement mentioned in Annex III to this Decision:
‘— |
32006 R 2016: Commission Regulation (EC) No 2016/2006 of 19 December 2006 (OJ L 384, 29.12.2006, p. 38).’ |
4. If an indent referred to in the previous paragraphs is the first indent in the point in question, it shall be preceded by the words ‘, as amended by:’.
5. Other adaptations required by reason of the acts incorporated by the previous paragraphs are listed in Part II of the respective Annexes to this Decision.
Article 5
1. The following indent shall be introduced in the points of the Annexes to the Agreement listed in Annex IV to this Decision:
‘— |
32006 L 0080: Commission Directive 2006/80/EC of 23 October 2006 (OJ L 362, 20.12.2006, p. 67).’ |
2. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex V to this Decision:
‘— |
32006 L 0081: Commission Directive 2006/81/EC of 23 October 2006 (OJ L 362, 20.12.2006, p. 92).’ |
3. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex VI to this Decision:
‘— |
32006 L 0082: Commission Directive 2006/82/EC of 23 October 2006 (OJ L 362, 20.12.2006, p. 94).’ |
4. The following indent shall be introduced in the point of the Annex to the Agreement mentioned in Annex VII to this Decision:
‘— |
32006 L 0083: Commission Directive 2006/83/EC of 23 October 2006 (OJ L 362, 20.12.2006, p. 97).’ |
5. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex VIII to this Decision:
‘— |
32006 L 0096: Council Directive 2006/96/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 81).’ |
6. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex IX to this Decision:
‘— |
32006 L 0097: Council Directive 2006/97/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 107).’ |
7. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex X to this Decision:
‘— |
32006 L 0099: Council Directive 2006/99/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 137).’ |
8. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex XI to this Decision:
‘— |
32006 L 0100: Council Directive 2006/100/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 141).’ |
9. The following indent shall be introduced in the points of the Annexes to the Agreement listed in Annex XII to this Decision:
‘— |
32006 L 0101: Council Directive 2006/0101/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 238).’ |
10. The following indent shall be introduced in the point of the Annex to the Agreement listed in Annex XIII to this Decision:
‘— |
32006 L 0102: Council Directive 2006/102/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 241).’ |
11. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex XIV to this Decision:
‘— |
32006 L 0103: Council Directive 2006/103/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 344).’ |
12. The following indent shall be introduced in the points of the Annexes to the Agreement listed in Annex XV to this Decision:
‘— |
32006 L 0104: Council Directive 2006/104/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 352).’ |
13. The following indent shall be introduced in the points of the Annexes to the Agreement listed in Annex XVI to this Decision:
‘— |
32006 L 0105: Council Directive 2006/105/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 368).’ |
14. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex XVII to this Decision:
‘— |
32006 L 0107: Council Directive 2006/107/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 411).’ |
15. The following indent shall be introduced in the points of the Annex to the Agreement listed in Annex XVIII to this Decision:
‘— |
32006 L 0108: Council Directive 2006/108/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 414).’ |
16. The following indent shall be introduced in the point of the Annex to the Agreement listed in Annex XIX to this Decision:
‘— |
32006 L 0109: Council Directive 2006/109/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 416).’ |
17. The following indent shall be introduced in the point of the Annex to the Agreement listed in Annex XX to this Decision:
‘— |
32006 L 0110: Council Directive 2006/110/EC of 20 November 2006 (OJ L 363, 20.12.2006, p. 418).’ |
18. If the indent referred to in the previous paragraphs is the first indent in the point in question, it shall be preceded by the words ‘, as amended by:’.
19. Other adaptations required by reason of the acts incorporated by the previous paragraphs are listed in Part II of the respective Annexes to this Decision.
Article 6
1. The following indent shall be introduced in the point of the Annex to the Agreement mentioned in Annex XXI to this Decision:
‘— |
32006 D 0924: Commission Decision 2006/924/EC of 13 December 2006 (OJ L 354, 14.12.2006, p. 48).’ |
2. The following indent shall be introduced in the point of the Annex to the Agreement mentioned in Annex XXII to this Decision:
‘— |
32006 D 0926: Commission Decision 2006/926/EC of 13 December 2006 (OJ L 354, 14.12.2006, p. 52).’ |
3. The following indent shall be introduced in the point of the Annex to the Agreement mentioned in Annex XXIII to this Decision:
‘— |
32007 D 0013: Commission Decision 2007/13/EC of 22 December 2006 (OJ L 7, 12.1.2007, p. 23).’ |
Article 7
Chapter I of Annex I to the Agreement shall be amended as follows:
1. |
The following shall be added in point 7b (Council Regulation (EC) No 21/2004) in Part 1.1: ‘The transitional arrangements set out in the following acts shall apply:
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2. |
The following point shall be inserted after point 132 (Commission Decision 2006/968/EC) in Part 1.2:
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3. |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 3.2, the following points shall be inserted after point 35 (Commission Decision 2007/123/EC):
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4. |
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 shall be inserted after point 57 (Commission Decision 2004/835/EC):
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Article 8
The following paragraph shall be inserted between the paragraph regarding the transitional arrangements and the adaptation text in Point 10 (Council Directive 2002/53/EC) of Part 1.1 of Chapter III of Annex I to the Agreement:
‘The transitional arrangements set out in the following acts shall apply:
— |
32007 D 0069: Commission Decision 2007/69/EC of 18 December 2006 authorising Romania to postpone the application of certain provisions of Council Directive 2002/53/EC with regard to the marketing of seed of certain varieties of agricultural plant species (OJ L 32, 6.2.2007, p. 167). |
— |
32007 D 0329: Commission Decision 2007/329/EC of 2 May 2007 laying down transitional measures derogating from Council Directive 2002/53/EC as regards the marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to Orobanche spp., by reason of the accession of Bulgaria (OJ L 122, 11.5.2007, p. 59).’ |
Article 9
The following paragraph shall be inserted before the adaptation text in points 64a (Council Regulation (EEC) No 2408/92) and 66n (Regulation (EC) No 1592/2002 of the European Parliament and of the Council) of Annex XIII to the Agreement:
‘The transitional arrangements set out in the following act shall apply:
— |
32006 R 1962: Commission Regulation (EC) No 1962/2006 of 21 December 2006 in application of Article 37 of the Act of Accession of Bulgaria to the European Union (OJ L 408, 30.12.2006, p. 8, as corrected by OJ L 47, 16.2.2007, p. 8).’ |
Article 10
The texts of Annex III, Chapter 2, point 6 to the Act of Accession of 25 April 2005 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 11
The texts of Regulations (EC) No 1791/2006, (EC) No 1792/2006, (EC) No 1962/2006 (as corrected by OJ L 47, 16.2.2007, p. 8), and (EC) No 2016/2006, Directives 2006/80/EC, 2006/81/EC, 2006/82/EC, 2006/83/EC, 2006/96/EC, 2006/97/EC, 2006/99/EC, 2006/100/EC, 2006/101/EC, 2006/102/EC, 2006/103/EC, 2006/104/EC, 2006/105/EC, 2006/107/EC, 2006/108/EC, 2006/109/EC and 2006/110/EC and Decisions 2006/800/EC, 2006/802/EC, 2006/924/EC, 2006/926/EC, 2007/13/EC, 2007/16/EC, 2007/17/EC, 2007/18/EC, 2007/19/EC, 2007/24/EC, 2007/69/EC, 2007/136/EC, 2007/228/EC and 2007/329/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 12
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) or on the day of entry into force of the EEA Enlargement Agreement, whichever is the later.
Pending the entry into force of the EEA Enlargement Agreement, it shall apply provisionally from the date of its adoption.
Any constitutional requirements indicated by any Contracting Party concerning any of the Decisions of the EEA Joint Committee referred to in Article 1, will remain unaffected by this Decision.
Article 13
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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 157, 21.6.2005, p. 203.
(2) OJ L 179, 14.7.1999, p. 1.
(3) OJ L 362, 20.12.2006, p. 1.
(4) OJ L 363, 20.12.2006, p. 1.
(5) OJ L 384, 29.12.2006, p. 38.
(6) OJ L 408, 30.12.2006, p. 8.
(7) OJ L 362, 20.12.2006, p. 67.
(8) OJ L 362, 20.12.2006, p. 92.
(9) OJ L 362, 20.12.2006, p. 94.
(10) OJ L 362, 20.12.2006, p. 97.
(11) OJ L 363, 20.12.2006, p. 81.
(12) OJ L 363, 20.12.2006, p. 107.
(13) OJ L 363, 20.12.2006, p. 137.
(14) OJ L 363, 20.12.2006, p. 141.
(15) OJ L 363, 20.12.2006, p. 238.
(16) OJ L 363, 20.12.2006, p. 241.
(17) OJ L 363, 20.12.2006, p. 344.
(18) OJ L 363, 20.12.2006, p. 352.
(19) OJ L 363, 20.12.2006, p. 368.
(20) OJ L 363, 20.12.2006, p. 411.
(21) OJ L 363, 20.12.2006, p. 414.
(22) OJ L 363, 20.12.2006, p. 416.
(23) OJ L 363, 20.12.2006, p. 418.
(24) OJ L 325, 24.11.2006, p. 35.
(25) OJ L 329, 25.11.2006, p. 34.
(26) OJ L 354, 14.12.2006, p. 48.
(27) OJ L 354, 14.12.2006, p. 52.
(28) OJ L 7, 12.1.2007, p. 23.
(29) OJ L 7, 12.1.2007, p. 31.
(30) OJ L 7, 12.1.2007, p. 33.
(31) OJ L 7, 12.1.2007, p. 36.
(32) OJ L 7, 12.1.2007, p. 38.
(33) OJ L 8, 13.1.2007, p. 26.
(34) OJ L 32, 6.2.2007, p. 167.
(35) OJ L 57, 24.2.2007, p. 23.
(36) OJ L 98, 13.4.2007, p. 27.
(37) OJ L 122, 11.5.2007, p. 59.
(*1) Constitutional requirements indicated.
ANNEX I
LIST REFERRED TO IN ARTICLE 4(1) OF THE DECISION
The indent referred to in Article 4(1) shall be inserted in the following locations in the Annexes and Protocols to the Agreement:
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in Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters):
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in Annex II (Technical regulations, standards, testing and certification), Chapter XV (Dangerous substances):
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in Annex XIII (Transport):
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in Annex XVI (Procurement):
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in Annex XXI (Statistics):
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in Protocol 21 on the implementation of competition rules applicable to undertakings:
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ANNEX II
PART I
LIST REFERRED TO IN ARTICLE 4(2) OF THE DECISION
The indent referred to in Article 4(2) shall be inserted in the following locations in the Annexes and Protocols to the Agreement:
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in Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters):
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in Annex II (Technical regulations, standards, testing and certification):
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in Annex VI (Social security):
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in Annex XIII (Transport):
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in Annex XX (Environment):
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in Annex XXI (Statistics):
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in Annex XXII (Company law):
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in Protocol 26 on the powers and functions of the EFTA Surveillance Authority in the field of state aid:
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in Protocol 47 on the abolition of technical barriers to trade in wine:
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PART II
OTHER ADAPTATIONS REQUIRED BY REASON OF ACCESSION
In Annex VI (Social security):
1) |
the adaptations in point 1 (Council Regulation (EEC) No 1408/71) shall be amended as follows:
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2) |
The adaptations in point 2 (Council Regulation (EEC) No 574/72) shall be amended as follows:
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ANNEX III
LIST REFERRED TO IN ARTICLE 4(3) OF THE DECISION
The indent referred to in Article 4(3) shall be inserted in the following location in Protocol 47 on the abolition of technical barriers to trade in wine to the Agreement:
— |
point 6 of Appendix 1 (Commission Regulation (EC) No 753/2002). |
ANNEX IV
LIST REFERRED TO IN ARTICLE 5(1) OF THE DECISION
The indent referred to in Article 5(1) shall be inserted in the following locations in the Annexes to the Agreement:
|
in Annex II (Technical regulations, standards, testing and certification), Chapter IV (Household appliances):
|
|
in Annex IV (Energy):
|
ANNEX V
LIST REFERRED TO IN ARTICLE 5(2) OF THE DECISION
The indent referred to in Article 5(2) shall be inserted in the following locations in Annex II (Technical regulations, standards, testing and certification) to the Agreement:
|
in Chapter I (Motor Vehicles):
|
|
in Chapter XVI (Cosmetics):
|
ANNEX VI
LIST REFERRED TO IN ARTICLE 5(3) OF THE DECISION
The indent referred to in Article 5(3) shall be inserted in the following locations in Chapter XII (Foodstuffs) of Annex II (Technical regulations, standards, testing and certification) to the Agreement:
— |
Point 54a (Commission Directive 91/321/EEC), |
— |
Point 54w (Commission Directive 1999/21/EC). |
ANNEX VII
LIST REFERRED TO IN ARTICLE 5(4) OF THE DECISION
The indent referred to in Article 5(4) shall be inserted in the following location in Chapter I (Veterinary matters) of Annex I (Veterinary and phytosanitary matters) to the Agreement:
— |
Part 9.2, Point 2 (Commission Directive 2002/4/EC). |
ANNEX VIII
LIST REFERRED TO IN ARTICLE 5(5) OF THE DECISION
The indent referred to in Article 5(5) shall be inserted in the following locations in Annex II (Technical regulations, standards, testing and certification) to the Agreement:
A. |
in Chapter I (Motor Vehicles):
|
B. |
in Chapter II (Agricultural and forestry tractors):
|
C. |
in Chapter VIII (Pressure vessels):
|
D. |
in Chapter IX (Measuring instruments):
|
E. |
in Chapter XI (Textiles):
|
F. |
in Chapter XV (Dangerous substances):
|
G. |
in Chapter XIX (General provisions in the field of technical barriers to trade):
|
H. |
in Chapter XXIV (Machinery):
|
ANNEX IX
LIST REFERRED TO IN ARTICLE 5(6) OF THE DECISION
The indent referred to in Article 5(6) shall be inserted in the following locations in Annex XVI (Procurement) to the Agreement:
— |
Point 2 (Directive 2004/18/EC of the European Parliament and of the Council), |
— |
Point 4 (Directive 2004/17/EC of the European Parliament and of the Council), |
— |
Point 5a (Council Directive 92/13/EEC). |
ANNEX X
LIST REFERRED TO IN ARTICLE 5(7) OF THE DECISION
The indent referred to in Article 5(7) shall be inserted in the following locations in Annex XXII (Company law) to the Agreement:
— |
Point 1 (First Council Directive 68/151/EEC), |
— |
Point 2 (Second Council Directive 77/91/EEC), |
— |
Point 3 (Third Council Directive 78/855/EEC), |
— |
Point 4 (Fourth Council Directive 78/660/EEC), |
— |
Point 6 (Seventh Council Directive 83/349/EEC), |
— |
Point 9 (Twelfth Council Company Law Directive 89/667/EEC). |
ANNEX XI
PART I
LIST REFERRED TO IN ARTICLE 5(8) OF THE DECISION
The indent referred to in Article 5(8) shall be inserted in the following locations in Annex VII (Mutual recognition of professional qualifications) to the Agreement:
— |
Point 1a (Council Directive 92/51/EEC), |
— |
Point 2 (Council Directive 77/249/EEC), |
— |
Point 2a (Council Directive 98/5/EC), |
— |
Point 4 (Council Directive 93/16/EEC), |
— |
Point 8 (Council Directive 77/452/EEC), |
— |
Point 10 (Council Directive 78/686/EEC), |
— |
Point 11 (Council Directive 78/687/EEC), |
— |
Point 12 (Council Directive 78/1026/EEC), |
— |
Point 14 (Council Directive 80/154/EEC), |
— |
Point 17 (Council Directive 85/433/EEC), |
— |
Point 18 (Council Directive 85/384/EEC). |
PART II
OTHER ADAPTATIONS REQUIRED BY REASON OF ACCESSION
In paragraph 1 of the adaptations in point 11 (Council Directive 78/687/EEC) in Annex VII (Mutual Recognition of professional qualifications), the words ‘Article 19, 19a, 19b, 19c and 19d ’ shall be replaced by the words ‘Article 19, 19a, 19b, 19c, 19d and 19e ’.
ANNEX XII
LIST REFERRED TO IN ARTICLE 5(9) OF THE DECISION
The indent referred to in Article 5(9) shall be inserted in the following locations in the Annexes to the Agreement:
|
in Annex VII (Mutual recognition of professional qualifications):
|
|
in Annex IX (Financial services):
|
ANNEX XIII
LIST REFERRED TO IN ARTICLE 5(10) OF THE DECISION
The indent referred to in Article 5(10) shall be inserted in the following location in Chapter XV (Dangerous substances) of Annex II (Technical regulations, standards, testing and certification) to the Agreement:
— |
Point 1 (Council Directive 67/548/EEC). |
ANNEX XIV
LIST REFERRED TO IN ARTICLE 5(11) OF THE DECISION
The indent referred to in Article 5(11) shall be inserted in the following locations in Annex XIII (Transport) to the Agreement:
— |
Point 13 (Council Directive 92/106/EEC), |
— |
Point 18a (Directive 1999/62/EC of the European Parliament and the Council), |
— |
Point 19 (Council Directive 96/26/EC), |
— |
Point 24a (Council Directive 91/439/EEC), |
— |
Point 24c (Council Directive 1999/37/EC), |
— |
Point 36a (Directive 2003/59/EC of the European Parliament and of the Council), |
— |
Point 37 (Council Directive 91/440/EEC), |
— |
Point 46a (Council Directive 91/672/EEC), |
— |
Point 47 (Council Directive 82/714/EEC). |
ANNEX XV
PART I
LIST REFERRED TO IN ARTICLE 5(12) OF THE DECISION
The indent referred to in Article 5(12) shall be inserted in the following locations in the Annexes to the Agreement:
|
in Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters):
|
|
in Annex II (Technical regulations, standards, testing and certification), Chapter XV (Dangerous substances):
|
PART II
OTHER ADAPTATIONS REQUIRED BY REASON OF ACCESSION
The entries for Iceland and Norway in adaptation (b) in point 4 (Council Directive 97/78/EC) of Part 1.1 of Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters), shall be renumbered as 28 and 29.
ANNEX XVI
LIST REFERRED TO IN ARTICLE 5(13) OF THE DECISION
The indent referred to in Article 5(13) shall be inserted in the following locations in the Annexes to the Agreement:
|
in Annex II (Technical regulations, standards, testing and certification), Chapter XXIV (Machinery):
|
|
in Annex XX (Environment):
|
ANNEX XVII
LIST REFERRED TO IN ARTICLE 5(14) OF THE DECISION
The indent referred to in Article 5(14) shall be inserted in the following locations in Chapter XII (Foodstuffs) of Annex II (Technical regulations, standards, testing and certification) to the Agreement:
— |
Point 18 (Directive 2000/13/EC of the European Parliament and of the Council), |
— |
Point 47 (Council Directive 89/108/EEC). |
ANNEX XVIII
LIST REFERRED TO IN ARTICLE 5(15) OF THE DECISION
The indent referred to in Article 5(15) shall be inserted in the following locations in Annex IV (Energy) to the Agreement:
— |
Point 7 (Council Directive 90/377/EEC), |
— |
Point 19 (Directive 2001/77/EC of the European Parliament and of the Council). |
ANNEX XIX
LIST REFERRED TO IN ARTICLE 5(16) OF THE DECISION
The indent referred to in Article 5(16) shall be inserted in the following location in Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the Agreement:
— |
Point 27 (Council Directive 94/45/EC). |
ANNEX XX
LIST REFERRED TO IN ARTICLE 5(17) OF THE DECISION
The indent referred to in Article 5(17) shall be inserted in the following location in Annex XXI (Statistics) to the Agreement:
— |
Point 7c (Council Directive 95/57/EC). |
ANNEX XXI
LIST REFERRED TO IN ARTICLE 6(1) OF THE DECISION
The indent referred to in Article 6(1) shall be inserted in the following location of Chapter I (Veterinary matters) of Annex I (Veterinary and phytosanitary matters) to the Agreement:
— |
Part 3.2, Point 32 (Commission Decision 2005/176/EC). |
ANNEX XXII
LIST REFERRED TO IN ARTICLE 6(2) OF THE DECISION
The indent referred to in Article 6(2) shall be inserted in the following location of Chapter I (Veterinary matters) of Annex I (Veterinary and phytosanitary matters) to the Agreement:
— |
Part 1.2, Point 39 (Commission Decision 2001/881/EC). |
ANNEX XXIII
LIST REFERRED TO IN ARTICLE 6(3) OF THE DECISION
The indent referred to in Article 6(3) shall be inserted in the following location of Chapter I (Veterinary matters) of Annex I (Veterinary and phytosanitary matters) to the Agreement:
— |
Part 1.2, Point 46 (Commission Directive 2002/459/EC). |
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/27 |
DECISION OF THE EEA JOINT COMMITTEE
No 133/2007
of 26 October 2007
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 99/2007 of 28 September 2007 (1). |
(2) |
Chapter I of Annex I currently applies to Iceland only with regard to aquaculture animals and products and fisheries products. |
(3) |
Paragraph 2 of the introductory part of Chapter I of Annex I states that the acts referred to in Chapter I of Annex I shall apply to Iceland, where this is so stated in relation to the specific act. |
(4) |
Paragraph 2 of the introductory part of Chapter I of Annex I envisages a review of Chapter I of Annex I for Iceland. |
(5) |
The Contracting Parties have reviewed the situation for Iceland and decided that Iceland will take over the acts referred to in Chapter I of Annex I, except for the provisions that concern live animals, other than fish and aquaculture animals, and animal products such as ova, embryo and semen. |
(6) |
The acts referred to in Chapter I of Annex I shall apply to Iceland unless it is stated in relation to the specific act that it shall not apply to Iceland. Therefore, paragraph 2 of the introductory part to Chapter I of Annex I must be amended. |
(7) |
Due to the specific situation of Iceland as regards climate, geographical localisation and nature of resources available, the feeding of fishmeal to ruminants may be accepted. This authorisation takes account of the absence of production and importation of meat and bone meal in Iceland. |
(8) |
Iceland needs a transitional period of 18 months in order to comply fully with the provisions in the areas which are made applicable to Iceland by the adoption of this Decision. |
(9) |
This Decision is not to apply to Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter I of Annex I to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
This Decision shall enter into force on 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 10.
(*1) Constitutional requirements indicated.
ANNEX
Chapter I of Annex I shall be amended as specified below.
1) |
The Introductory Part shall be amended as follows:
|
2) |
The sentence ‘This act applies also to Iceland for the areas covered by the specific acts to which reference is made in paragraph 2 of the introductory Part’ in points 1 (Council Directive 89/662/EEC), 4 (Council Directive 97/78/EC) and 6 (Council Decision 92/438/EEC) in Part 1.1 shall be deleted. |
3) |
The sentence ‘This act applies also to Iceland for the areas covered by the specific acts to which reference is made in paragraph 2 of the introductory Part’ in points 2 (Council Directive 90/425/EEC), 5 (Council Directive 91/496/EEC) and 8 (Council Directive 85/73/EEC) in Part 1.1 shall be replaced by the sentence ‘This act applies to Iceland for the areas referred to in paragraph 2 of the Introductory Part.’ |
4) |
The sentence ‘This act applies also to Iceland for the areas referred to in paragraph 2 of the Introductory Part’ shall be inserted in points 3 (Council Directive 89/608/EEC) and 9 (Council Directive 96/93/EC) in Part 1.1. |
5) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in point 10 (Regulation (EC) No 998/2003 of the European Parliament and of the Council) in Part 1.1. |
6) |
The sentence ‘This act applies also to Iceland’ in points 84 (Commission Decision 98/470/EC), 104 (Commission Decision 2000/351/EC) and 114 (Commission Decision 2003/630/EC) in Part 1.2 shall be deleted. |
7) |
The sentence ‘This act applies also to Iceland for the areas covered by the specific acts to which reference is made in paragraph 2 of the introductory Part’ in points 21 (Commission Decision 93/352/EEC), 25 (Commission Decision 94/360/EC), 29 (Commission Decision 94/641/EC), 31 (Commission Decision 94/958/EC), 33 (Commission Decision 94/971/EC), 87 (Commission Decision 2000/25/EC), 88 (Commission Decision 2000/208/EC), 106 (Commission Decision 2000/571/EC), 111 (Commission Decision 2001/812/EC), 113 (Commission Decision 2002/349/EC) and 115 (Commission Regulation (EC) No 136/2004) in Part 1.2 shall be deleted. |
8) |
The sentence ‘This act applies also to Iceland for the areas covered by the specific acts to which reference is made in paragraph 2 of the introductory Part’ in points 2 (Commission Decision 91/398/EEC), 3 (Commission Decision 91/585/EEC), 4 (Commission Decision 91/637/EEC), 5 (Commission Decision 91/638/EEC), 6 (Commission Decision 92/176/EEC), 8 (Commission Decision 92/341/EEC), 9 (Commission Decision 92/373/EEC), 11 (Commission Decision 92/432/EEC), 12 (Commission Decision 92/486/EEC), 15 (Commission Decision 92/563/EEC), 17 (Commission Decision 93/14/EEC), 18 (Commission Decision 93/70/EEC), 22 (Commission Decision 93/444/EEC), 23 (Commission Decision 94/338/EC), 24 (Commission Decision 94/339/EC), 30 (Commission Decision 94/957/EC), 32 (Commission Decision 94/970/EC), 39 (Commission Decision 2001/881/EC), 42 (Commission Decision 96/105/EC), 46 (Commission Decision 2002/459/EC), 116 (Commission Decision 2004/253/EC), 117 (Commission Regulation (EC) No 282/2004), 118 (Commission Decision 2004/292/EC) and 119 (Commission Regulation (EC) No 599/2004) in Part 1.2 shall be replaced by the sentence ‘This act applies also to Iceland for the areas referred to in paragraph 2 of the Introductory Part.’ |
9) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 1.2, the sentence ‘This act applies also to Iceland’ in point 1 (Commission Decision 98/140/EC) shall be deleted. |
10) |
The sentence ‘This act applies also to Iceland for the areas referred to in paragraph 2 of the Introductory Part’ shall be inserted in point 68 (Commission Decision 97/794/EC) and 74 (Commission Decision 98/139/EC) in Part 1.2. |
11) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted before the adaptation text in points 121 (Commission Decision 2003/803/EC), 122 (Commission Decision 2004/301/EC), 123 (Commission Decision 2004/595/EC), 124 (Commission Decision 2004/824/EC), 125 (Commission Decision 2004/839/EC), 126 (Commission Decision 2005/91/EC) and 129 (Commission Decision 2005/64/EC) in Part 1.2. |
12) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 1.2, the sentence ‘This act shall not apply to Iceland’ shall be inserted in points 11 (Commission Decision 2000/62/EC) and 18 (Commission Decision 2004/557/EC) in Part 1.2. |
13) |
The sentence ‘This act applies also to Iceland for the areas referred to in paragraph 2 of the Introductory Part’ shall be inserted in points 57 (Commission Decision 97/152/EC) and 60 (Commission Decision 97/394/EC) in Part 1.2. |
14) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in points 1 (Council Directive 77/504/EEC), 2 (Council Directive 88/661/EEC), 3 (Council Directive 89/361/EEC), 4 (Council Directive 90/427/EEC), 5 (Council Directive 90/428/EEC), 6 (Council Directive 91/174/EEC) and 7 (Council Decision 96/463/EC) in Part 2.1 and points 1 (Commission Decision 84/247/EEC), 2 (Commission Decision 84/419/EEC), 5 (Council Directive 87/328/EEC), 7 (Commission Decision 89/501/EEC), 8 (Commission Decision 89/502/EEC), 9 (Commission Decision 89/503/EEC), 10 (Commission Decision 89/504/EEC), 11 (Commission Decision 89/505/EEC), 12 (Commission Decision 89/506/EEC), 13 (Commission Decision 89/507/EEC), 14 (Council Directive 90/118/EEC), 15 (Council Directive 90/119/EEC), 16 (Commission Decision 90/254/EEC), 17 (Commission Decision 90/255/EEC), 18 (Commission Decision 90/256/EEC), 19 (Commission Decision 90/257/EEC), 20 (Commission Decision 90/258/EEC), 21 (Commission Decision 92/216/EEC), 22 (Commission Decision 92/353/EEC, 23 (Commission Decision 92/354/EEC), 24 (Commission Decision 93/623/EEC), 25 (Commission Decision 96/78/EC), 26 (Commission Decision 96/79/EC), 30 (Commission Decision 2002/8/EC), 31 (Commission Decision 2005/379/EC) and 32 (Commission Decision 2006/427/EC) in Part 2.2. |
15) |
The sentence ‘This act applies also to Iceland’ in points 7 (Council Directive 93/53/EEC), 8 (Council Directive 95/70/EC) and 10 (Council Directive 82/894/EEC) in Part 3.1 and point 29 (Commission Decision 2003/466/EC) in Part 3.2 shall be deleted. |
16) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in points 1a (Council Directive 2003/85/EC), 2 (Council Directive 90/423/EEC), 3 (Council Directive 2001/89/EC), 4 (Council Directive 92/35/EEC), 6 (Council Directive 92/66/EEC), 9 (Council Directive 92/119/EEC), 9a (Council Directive 2000/75/EC) and 9b (Council Directive 2002/60/EC) in Part 3.1 and points 2 (Commission Decision 88/397/EEC), 5 (Commission Decision 91/42/EEC), 7 (Council Decision 91/666/EEC), 8 (Commission Decision 93/455/EEC), 9 (Commission Decision 93/590/EC), 10 (Commission Decision 1999/128/EC), 11 (Commission Decision 98/502/EC), 12 (Commission Decision 2000/111/EC), 13 (Commission Decision 2000/112/EC), 14 (Commission Decision 2000/428/EC), 17 (Commission Decision 2001/138/EC), 18 (Commission Decision 2001/246/EC), 19 (Commission Decision 2001/257/EC), 20 (Commission Decision 2001/295/EC), 21 (Commission Decision 2001/303/EC), 23 (Commission Decision 2002/106/EC), 24 (Commission Decision 2002/551/EC), 25 (Commission Decision 2002/552/EC), 28 (Commission Decision 2003/422/EC), 31 (Commission Decision 2004/288/EC), 32 (Commission Decision 2005/176/EC), 33 (Commission Decision 2005/393/EC), 35 (Commission Decision 2006/393//EC), 36 (Commission Decision 2006/416/EC) and 37 (Commission Decision 2006/437/EC) in Part 3.2. |
17) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 3.2, the sentence ‘This act shall not apply to Iceland’ shall be inserted in points 3 (Commission Decision 94/297/EC), 5 (Commission Decision 98/176/EC), 9 (Commission Decision 1999/246/EC), 18 (Commission Decision 2002/526/EC), 20 (Commission Decision 2003/135/EC), 22 (Commission Decision 2003/362/EC), 24 (Commission Decision 2003/435/EC), 25 (Commission Decision 2004/402/EC), 26 (Commission Decision 2004/431/EC), 27 (Commission Decision 2004/435/EC), 28 (Commission Decision 2004/832/EC), 29 (Commission Decision 2005/59/EC), 30 (Commission Decision 2005/66/EC), 31 (Commission Decision 2005/235/EC), 32 (Commission Decision 2005/362/EC), 33 (Commission Decision 2005/773/EC) and 34 (Commission Decision 2006/705/EC). |
18) |
The sentence ‘This act applies also to Iceland’ in point 5 (Council Directive 91/67/EEC) in Part 4.1 and points 51 (Commission Decision 1999/567/EC), 63 (Commission Decision 2001/183/EC), 65 (Commission Decision 2002/300/EC), 66 (Commission Decision 2002/308/EC), 68 (Commission Decision 2002/878/EC), 72 (Commission Decision 2003/390/EC), 73 (Commission Decision 2003/466/EC) and 79 (Commission Decision 2004/453/EC) in Part 4.2 shall be deleted. |
19) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 4.2, the sentence ‘This act applies also to Iceland’ in points 21 (Commission Decision 94/722/EC), 55 (Commission Decision 2003/634/EC) and 56 (Commission Decision 2003/904/EC) shall be deleted. |
20) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in points 1 (Council Directive 64/432/EEC), 2 (Council Directive 91/68/EEC), 3 (Council Directive 90/426/EEC), 4 (Council Directive 90/539/EEC), 6 (Council Directive 89/556/EEC), 7 (Council Directive 88/407/EEC), 8 (Council Directive 90/429/EEC) and 9 (Council Directive 92/65/EEC) in Part 4.1 and points 1 (Commission Decision 90/208/EEC), 3 (Commission Decision 92/339/EEC), 4 (Commission Decision 92/340/EEC), 5 (Commission Decision 92/381/EEC), 14 (Commission Decision 93/52/EEC), 18 (Commission Decision 93/152/EEC), 21 (Commission Decision 94/274/EC), 22 (Commission Decision 94/275/EC), 24 (Commission Decision 94/327/EC), 25 (Commission Decision 94/963/EC), 26 (Commission Decision 95/98/EC), 28 (Commission Decision 95/117/EC), 33 (Commission Decision 95/294/EC), 34 (Commission Decision 95/307/EC), 35 (Commission Decision 95/329/EC), 36 (Commission Decision 95/388/EC), 37 (Council Decision 95/410/EC), 40 (Commission Decision 95/483/EC), 41 (Commission Decision 96/93/EC), 42 (Commission Decision 96/94/EC), 43 (Commission Decision 96/95/EC), 54 (Council Decision 2000/258/EC), 56 (Commission Decision 2000/504/EC), 57 (Commission Decision 2000/678/EC), 58 (Commission Decision 97/262/EC), 59 (Commission Decision 97/263/EC), 61 (Commission Decision 2001/106/EC), 64 (Commission Decision 2001/618/EC), 67 (Commission Decision 2002/598/EC), 69 (Commission Decision 2004/205/EC), 70 (Commission Decision 2003/467/EC), 71 (Commission Decision 2003/644/EC), 74 (Commission Decision 2003/886/EC), 75 (Commission Decision 2004/226/EC), 76 (Commission Decision 2004/233/EC), 77 (Commission Decision 2004/235/EC), 78 (Commission Decision 2004/315/EC), 80 (Commission Decision 2004/558/EC), 81 (Commission Decision 2005/65/EC) and 82 (Commission Regulation (EC) No 1739/2005) in Part 4.2. |
21) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 4.2, the sentence ‘This act shall not apply to Iceland’ shall be inserted in points 4 (Commission Decision 88/267/EEC), 27 (Commission Decision 94/968/EC), 28 (Commission Decision 95/50/EC), 29 (Commission Decision 95/59/EC), 32 (Commission Decision 95/70/EC), 33 (Commission Decision 95/71/EC), 37 (Commission Decision 95/210/EC), 40 (Commission Decision 96/283/EC), 51 (Commission Decision 2001/905/EC) and 57 (Commission Decision 2004/835/EC). |
22) |
The sentence ‘The provisions of Annex I, Chapter 6(I)(A), second indent, shall apply to Iceland.’ in point 7 (Council Directive 92/118/EEC) in Part 5.1 and point 16 (Council Directive 92/118/EEC) in part 8.1 shall be deleted. |
23) |
The sentence ‘The provisions of Annex I, Chapter 6, are applicable to Iceland for processed animal protein derived from fish and intended for animal feedingstuff. For processed animal protein derived from fish and intended for human consumption, the matter shall be reviewed in the year 2000’ in point 15 (Council Directive 92/118/EEC) in Part 6.1 shall be deleted. |
24) |
The sentence ‘This act applies also to Iceland’ in points 10 (Commission Decision 92/92/EEC), 13 (Commission Decision 93/51/EEC), 14 (Commission Decision 94/140/EC), 17 (Council Decision 93/383/EEC), 19 (Council Decision 94/117/EC), 20 (Commission Decision 94/306/EC), 21 (Commission Decision 94/356/EC), 28 (Commission Decision 95/149/EC), 37 (Commission Decision 97/757/EC), 39 (Commission Decision 98/536/EC), 42 (Commission Decision 2002/225/EC), 43 (Commission Decision 2002/226/EC) and 47 (Commission Decision 2003/774/EC) in Part 6.2 shall be deleted. |
25) |
The following amendments shall be made to the adaptation texts in point 12 (Regulation (EC) No 999/2001 of the European Parliament and of the Council) in Part 7.1:
|
26) |
The sentence ‘This act applies also to Iceland, but only as regards the disposal and processing of fish-waste, its placing on the market and the prevention of pathogens in feedingstuffs of fish origin’ in point 7 (Commission Decision 92/562/EEC) in Part 7.2 shall be deleted. |
27) |
The sentence ‘This act applies also to Iceland’ in point 4 (Council Directive 91/67/EEC) in Part 8.1 shall be deleted. |
28) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in points 2 (Council Directive 90/426/EEC), 3 (Council Directive 90/539/EEC), 5 (Council Directive 89/556/EEC), 6 (Council Directive 88/407/EEC), 7 (Council Directive 90/429/EEC), 15 (Council Directive 92/65/EEC) and 16a (Council Directive 2004/68/EC) in Part 8.1. |
29) |
The sentence ‘This act shall not apply to Iceland’ shall be inserted in points 1 (Council Directive 91/628/EEC), 3 (Council Directive 88/166/EEC), 4 (Council Directive 91/629/EEC), 5 (Council Directive 91/630/EEC), 6 (Council Directive 98/58/EC), 7 (Council Regulation (EC) No 411/98), 8 (Council Directive 1999/74/EC) and 10 (Council Regulation (EC) No 1/2005) in Part 9.1 and points 1 (Commission Decision 94/96/EC), 2 (Commission Directive 2002/4/EC), 3 (Commission Decision 2004/433/EC) and 4 (Commission Decision 2006/778/EC) in Part 9.2. |
30) |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE NOTE’ in Part 9.2, the sentence ‘This act shall not apply to Iceland’ shall be inserted in points 1 (Council Decision 78/923/EEC) and 3 (Commission Recommendation 89/214/EEC). |
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/33 |
DECISION OF THE EEA JOINT COMMITTEE
No 134/2007
of 26 October 2007
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 100/2007 of 28 September 2007 (1). |
(2) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 104/2007 of 28 September 2007 (2). |
(3) |
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) should be incorporated into the Agreement. |
(4) |
Commission Regulation (EC) No 1304/2003 of 11 July 2003 on the procedure applied by the European Food Safety Authority to requests for scientific opinions referred to it (4), should be incorporated into the Agreement. |
(5) |
Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 178/2002 (5) should be incorporated into the Agreement. |
(6) |
Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general plan for food/feed crisis management (6) should be incorporated into the Agreement. |
(7) |
Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority's mission (7) should be incorporated into the Agreement. |
(8) |
Commission Regulation (EC) No 575/2006 of 7 April 2006 amending Regulation (EC) No 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (8) should be incorporated into the Agreement. |
(9) |
Council Decision 2006/478/EC of 19 June 2006 appointing half of the members of the Management Board of the European Food Safety Authority (9) should be incorporated into the Agreement. |
(10) |
This Decision is not to apply to Liechtenstein. |
(11) |
This Decision should apply to Iceland without the transitional period specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annexes I and II to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 178/2002, (EC) No 1304/2003 (as corrected by OJ L 186, 25.7.2003, p. 46), (EC) No 1642/2003, (EC) No 2230/2004 and (EC) No 575/2006 and Decisions 2004/478/EC (as corrected by OJ L 212, 12.6.2004, p. 60) and 2006/478/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 27 October 2007 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 the entry into force of Decision of the EEA Joint Committee No 133/2007 of 26 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 12.
(2) OJ L 47, 21.2.2008, p. 21.
(3) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).
(4) OJ L 185, 24.7.2003, p. 6. Regulation as corrected in OJ L 186, 25.7.2003, p. 46.
(5) OJ L 245, 29.9.2003, p. 4.
(6) OJ L 160, 30.4.2004, p. 98. Decision as corrected in OJ L 212, 12.6.2004, p. 60.
(7) OJ L 379, 24.12.2004, p. 64.
(9) OJ L 189, 12.7.2006, p. 7.
(*1) Constitutional requirements indicated.
ANNEX
Annexes I and II to the Agreement shall be amended as follows:
1. |
the following shall be added after point 12 (Regulation (EC) No 999/2001 of the European Parliament and of the Council) in Part 7.1 of Chapter I of Annex I to the Agreement: ‘General food law and the European Food Safety Authority
|
2. |
the following points shall be inserted after point 29 (Commission Regulation (EC) No 1177/2006) in Part 7.2 of Chapter I of Annex I:
|
3. |
the following shall be inserted after point 40 (Regulation (EC) No 396/2005 of the European Parliament and of the Council) of Chapter II of Annex I to the Agreement: ‘General food law and the European Food Safety Authority
|
4. |
the following shall be inserted after point 54zzzb (Commission Regulation (EC) No 2023/2006) of Chapter XII of Annex II to the Agreement:
|
Declaration by the EFTA states concerning article 12 of Regulation (EC) No 178/2002 on general food law and the European Food Safety Authority
The EEA Agreement does not entail a common trade policy with regard to export of food and feed to third countries. The EFTA States wish to state, however, that they consider their national legislation and procedures to be fully in line with the provisions of EU legislation as laid down in Article 12 of Regulation (EC) No 178/2002. Furthermore, the EFTA States are prepared to inform the Commission of any changes to national legislation related to exports of food and feed to third countries.
Joint declaration by the Contracting Parties on the participation of the EFTA Surveillance Authority in the Advisory Forum of the European Food Safety Authority (EFSA)
The Parties note that for the purpose of the integration of Regulation (EC) No 178/2002 into the EEA Agreement, the EFTA Surveillance Authority may be invited as observer by the Executive Director to the meetings of the Advisory Forum.
Declaration by the government of Norway on equivalence agreements
Regulation (EC) No 178/2002 on general food law and the European Food Safety Authority
If Norway negotiates equivalence agreements in the veterinary field with third countries having equivalence agreements with the European Union, Norway undertakes to negotiate agreements that are parallel to those of the Community in order to avoid discrepancies.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/44 |
DECISION OF THE EEA JOINT COMMITTEE
No 135/2007
of 26 October 2007
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 99/2007 of 28 September 2007 (1). |
(2) |
Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (2), as corrected by OJ L 30, 3.2.2007, p. 3, is to be incorporated into the Agreement. |
(3) |
Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products (3) is to be incorporated into the Agreement. |
(4) |
Commission Regulation (EC) No 808/2003 of 12 May 2003 amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (4) is to be incorporated into the Agreement. |
(5) |
Commission Regulation (EC) No 809/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the processing standards for category 3 material and manure used in composting plants (5) is to be incorporated into the Agreement. |
(6) |
Commission Regulation (EC) No 810/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for category 3 material and manure used in biogas plants (6) is to be incorporated into the Agreement. |
(7) |
Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (7) is to be incorporated into the Agreement. |
(8) |
Commission Regulation (EC) No 446/2004 of 10 March 2004 repealing a number of Decisions concerning animal by-products (8) is to be incorporated into the Agreement. |
(9) |
Commission Regulation (EC) No 668/2004 of 10 March 2004 amending certain Annexes to Regulation (EC) No 1774/2002 of the European Parliament and of the Council, as regards the importation from third countries of animal by-products (9), as corrected by OJ L 109, 22.4.2006, p. 12, is to be incorporated into the Agreement. |
(10) |
Commission Regulation (EC) No 878/2004 of 29 April 2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (10) is to be incorporated into the Agreement. |
(11) |
Commission Regulation (EC) No 92/2005 of 19 January 2005 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats (11) is to be incorporated into the Agreement. |
(12) |
Commission Regulation (EC) No 93/2005 of 19 January 2005 amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing of animal by-products of fish origin and commercial documents for the transportation of animal by-products (12) is to be incorporated into the Agreement. |
(13) |
Commission Regulation (EC) No 2067/2005 of 16 December 2005 amending Regulation (EC) No 92/2005 as regards alternative means of disposal and use of animal by-products (13) is to be incorporated into the Agreement. |
(14) |
Commission Regulation (EC) No 209/2006 of 7 February 2006 amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards the extension of the validity of the transitional measures for composting and biogas plants under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (14) is to be incorporated into the Agreement. |
(15) |
Commission Regulation (EC) No 1192/2006 of 4 August 2006 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards lists of approved plants in Member States (15) is to be incorporated into the Agreement. |
(16) |
Commission Regulation (EC) No 1678/2006 of 14 November 2006 amending Regulation (EC) No 92/2005 as regards alternative means of disposal of and use of animal by-products (16) is to be incorporated into the Agreement. |
(17) |
Commission Regulation (EC) No 1877/2006 of 18 December 2006 amending Regulation (EC) No 878/2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (17) is to be incorporated into the Agreement. |
(18) |
Commission Regulation (EC) No 2007/2006 of 22 December 2006 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical uses in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation (18) is to be incorporated into the Agreement. |
(19) |
Regulation (EC) No 1774/2002 repeals Council Directive 90/667/EEC (19), Council Decision 95/348/EC (20) and Council Decision 1999/534/EC (21), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(20) |
Regulation (EC) No 446/2004 repeals Commission Decisions 92/562/EEC (22), 97/735/EC (23) and 2001/25/EC (24), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(21) |
This Decision is not to apply to Liechtenstein. |
(22) |
This Decision shall apply to Iceland with the transitional period specified in paragraph 2 of the Introductory Part of Chapter I of Annex I for the areas which did not apply to Iceland prior to the review of this Chapter by Decision of the EEA Joint Committee No 133/2007 of 26 October 2007, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter I of Annex I to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 1774/2002 (as corrected by OJ L 30, 3.2.2007, p. 3), (EC) No 808/2003, (EC) No 809/2003, (EC) No 810/2003, (EC) No 811/2003, (EC) No 446/2004, 668/2004 (as corrected by OJ L 109, 22.4.2006, p. 12), (EC) No 878/2004, (EC) No 92/2005, (EC) No 93/2005, (EC) No 2067/2005, (EC) No 209/2006, (EC) No 1192/2006, (EC) No 1678/2006, (EC) No 1877/2006 and (EC) No 2007/2006 and Directive 2002/33/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 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1) or at the day of the entry into force of the Decision on the EEA Joint Committee No 133/2007 of 26 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 10.
(2) OJ L 273, 10.10.2002, p. 1.
(3) OJ L 315, 19.11.2002, p. 14.
(4) OJ L 117, 13.5.2003, p. 1.
(5) OJ L 117, 13.5.2003, p. 10.
(6) OJ L 117, 13.5.2003, p. 12.
(7) OJ L 117, 13.5.2003, p. 14.
(8) OJ L 72, 11.3.2004, p. 62.
(9) OJ L 112, 19.4.2004, p. 1.
(10) OJ L 162, 30.4.2004, p. 62.
(11) OJ L 19, 21.1.2005, p. 27.
(12) OJ L 19, 21.1.2005, p. 34.
(13) OJ L 331, 17.12.2005, p. 12.
(14) OJ L 36, 8.2.2006, p. 32.
(15) OJ L 215, 5.8.2006, p. 10.
(16) OJ L 314, 15.11.2006, p. 4.
(17) OJ L 360, 19.12.2006, p. 133.
(18) OJ L 379, 28.12.2006, p. 98.
(19) OJ L 363, 27.12.1990, p. 51.
(20) OJ L 202, 26.8.1995, p. 8.
(21) OJ L 204, 4.8.1999, p. 37.
(22) OJ L 359, 9.12.1992, p. 23.
(23) OJ L 294, 28.10.1997, p. 7.
(24) OJ L 6, 11.1.2001, p. 16.
(*1) Constitutional requirements indicated.
ANNEX
Chapter I of Annex I to the Agreement shall be amended as specified below.
1) |
The following point shall be inserted after point 9a (Council Decision 1999/534/EC) in Part 7.1:
|
2) |
The heading ‘Animal waste, pathogens’ in Part 7.1 shall be replaced by the heading ‘Animal by-products not intended for human consumption’. |
3) |
The following indent shall be added in points 2 (Council Directive 90/425/EEC) in Part 1.1, 7 (Council Directive 92/118/EC) in Part 5.1 and 16 (Council Directive 92/118/EC) in Part 8.1:
|
4) |
The following points shall be inserted after point 33 (Council Decision 2006/478/EC) in Part 7.2:
|
5) |
The text of points 9 (Council Directive 90/667/EEC) and 9a (Council Decision 1999/534/EC) in Part 7.1 and points 7 (Commission Decision 92/562/EEC) and 11 (Council Decision 95/348/EC) in Part 7.2 shall be deleted. |
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/49 |
DECISION OF THE EEA JOINT COMMITTEE
No 136/2007
of 26 October 2007
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 99/2007 of 28 September 2007 (1). |
(2) |
Commission Decision 2003/322/EC of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the feeding of certain necrophagous birds with certain category 1 materials (2) is to be incorporated into the Agreement. |
(3) |
Commission Decision 2003/324/EC of 12 May 2003 as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (3) is to be incorporated into the Agreement. |
(4) |
Commission Decision 2004/407/EC of 26 April 2004 on transitional sanitary and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards imports from certain third counties of photographic gelatine (4), as corrected by OJ L 208, 10.6.2004, p. 9 and OJ L 396, 31.12.2004, p. 63, is to be incorporated into the Agreement. |
(5) |
Commission Decision 2004/434/EC of 29 April 2004 adapting Decision 2003/324/EC as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament and of the Council by reason of the accession of Estonia (5), as corrected by OJ L 189, 27.5.2004, p. 43, is to be incorporated into the Agreement. |
(6) |
Commission Decision 2004/455/EC of 29 April 2004 adapting Decision 2003/322/EC implementing Regulation (EC) No 1774/2002 as regards the feeding of certain necrophagous birds with certain Category 1 materials by reason of the accession of Cyprus (6), as corrected by OJ L 202, 7.6.2004, p. 31, is to be incorporated into the Agreement. |
(7) |
Commission Regulation (EC) No 79/2005 of 19 January 2005 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the use of milk, milk-based products and milk-derived products, defined as Category 3 material in that Regulation (7) is to be incorporated into the Agreement. |
(8) |
Commission Regulation (EC) No 416/2005 of 11 March 2005 amending Annex XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council, as regards the importation from Japan of certain animal by-products intended for technical purposes (8) is to be incorporated into the Agreement. |
(9) |
Commission Decision 2005/830/EC of 25 November 2005 amending Decision 2003/322/EC as regards the feeding of certain necrophagous birds with certain category 1 material (9) is to be incorporated into the Agreement. |
(10) |
Commission Regulation (EC) No 181/2006 of 1 February 2006 implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation (10) is to be incorporated into the Agreement. |
(11) |
Commission Regulation (EC) No 197/2006 of 3 February 2006 on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport, treatment, use and disposal of former foodstuffs (11) is to be incorporated into the Agreement. |
(12) |
Commission Regulation (EC) No 208/2006 of 7 February 2006 amending Annexes VI and VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for biogas and composting plants and requirements for manure (12) is to be incorporated into the Agreement. |
(13) |
Commission Decision 2006/311/EC of 21 April 2006 amending Commission Decision 2004/407/EC as regards imports of photographic gelatine (13) is to be incorporated into the Agreement. |
(14) |
This Decision is not to apply to Liechtenstein. |
(15) |
This Decision shall apply to Iceland with the transitional period specified in paragraph 2 of the Introductory Part of Chapter I of Annex I for the areas which did not apply to Iceland prior to the review of this Chapter by Decision of the EEA Joint Committee No 133/2007 of 26 October 2007, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter I of Annex I to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 79/2005, (EC) No 416/2005, (EC) No 181/2006, (EC) No 197/2006 and (EC) No 208/2006 and Decisions 2003/322/EC, 2003/324/EC, 2004/407/EC (as corrected by OJ L 208, 10.6.2004, p. 9 and OJ L 396, 31.12.2004, p. 63), 2004/434/EC (as corrected by OJ L 189, 27.5.2004, p. 43), 2004/455/EC (as corrected by OJ L 202, 7.6.2004, p. 31), 2005/830/EC, and 2006/311/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 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1) or at the day of the entry into force of the Decision on the EEA Joint Committee No 133/2007 of 26 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 10.
(2) OJ L 117, 13.5.2003, p. 32.
(3) OJ L 117, 13.5.2003, p. 37.
(4) OJ L 151, 30.4.2004, p. 11.
(5) OJ L 154, 30.4.2004, p. 54.
(6) OJ L 156, 30.4.2004, p. 41.
(7) OJ L 16, 20.1.2005, p. 46.
(8) OJ L 66, 12.3.2005, p. 10.
(9) OJ L 311, 26.11.2005, p. 40.
(10) OJ L 29, 2.2.2006, p. 31.
(11) OJ L 32, 4.2.2006, p. 13.
(12) OJ L 36, 8.2.2006, p. 25.
(13) OJ L 115, 28.4.2006, p. 40.
(*1) Constitutional requirements indicated.
ANNEX
Chapter I of Annex I to the Agreement shall be amended as specified below.
1. |
The following indents shall be added in point 9b (Regulation (EC) No 1774/2002 of the European Parliament and of the Council) in Part 7.1:
|
2. |
The following shall be inserted after point 41 (Commission Regulation (EC) No 2007/2006) in Part 7.2:
|
3. |
Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 7.2, the following shall be inserted after point 41 (Commission Decision 2005/598/EC): ‘Animal by-products not intended for human consumption
|
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/53 |
DECISION OF THE EEA JOINT COMMITTEE
No 137/2007
of 26 October 2007
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 100/2007 of 28 September 2007 (1). |
(2) |
Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 104/2007 of 28 September 2007 (2). |
(3) |
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3), as corrected by OJ L 226, 25.6.2004, p. 3, is to be incorporated into the Agreement. |
(4) |
Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (4), as corrected by OJ L 226, 25.6.2004, p. 22, is to be incorporated into the Agreement. |
(5) |
Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (5), as corrected by OJ L 226, 25.6.2004, p. 83, is to be incorporated into the Agreement. |
(6) |
Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (6), as corrected by OJ L 195, 2.6.2004, p. 12, is to be incorporated into the Agreement. |
(7) |
Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (7), as corrected by OJ L 191, 28.5.2004, p. 1, is to be incorporated into the Agreement. |
(8) |
Commission Regulation (EC) No 1688/2005 of 14 October 2005 implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs (8) is to be incorporated into the Agreement. |
(9) |
Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (9), as corrected by OJ L 278, 10.10.2006, p. 32 and OJ L 283, 14.10.2006, p. 62, is to be incorporated into the Agreement. |
(10) |
Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (10) is to be incorporated into the Agreement. |
(11) |
Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (11) is to be incorporated into the Agreement. |
(12) |
Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (12) is to be incorporated into the Agreement. |
(13) |
Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (13) is to be incorporated into the Agreement. |
(14) |
Commission Regulation (EC) No 776/2006 of 23 May 2006 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards Community reference laboratories (14) is to be incorporated into the Agreement. |
(15) |
Commission Decision 2006/677/EC of 29 September 2006 setting out the guidelines laying down criteria for the conduct of audits under Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls to verify compliance with feed and food law, animal health and animal welfare rules (15) is to be incorporated into the Agreement. |
(16) |
Commission Regulation (EC) No 1662/2006 of 6 November 2006 amending Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (16) is to be incorporated into the Agreement. |
(17) |
Commission Regulation (EC) No 1663/2006 of 6 November 2006 amending Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (17) is to be incorporated into the Agreement. |
(18) |
Commission Regulation (EC) No 1664/2006 of 6 November 2006 amending Regulation (EC) No 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and repealing certain implementing measures (18) is to be incorporated into the Agreement. |
(19) |
Commission Regulation (EC) No 1665/2006 of 6 November 2006 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat (19) is to be incorporated into the Agreement. |
(20) |
Commission Regulation (EC) No 1666/2006 of 6 November 2006 amending Regulation (EC) No 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (20) is to be incorporated into the Agreement. |
(21) |
Commission Decision 2006/765/EC of 6 November 2006 repealing certain implementing acts concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption (21) is to be incorporated into the Agreement. |
(22) |
Regulation (EC) No 852/2004 repeals Council Directive 93/43/EEC (22), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement. |
(23) |
Directive 2004/41/EC repeals several acts which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(24) |
Regulation (EC) No 882/2004 repeals Council Directives 70/373/EEC (23), 85/73/EEC (24), 85/591/EEC (25), 89/397/EEC (26), 93/99/E (27), 95/53/EC (28) and Council Decisions 93/383/EEC (29), 98/728/EC (30) and 1999/313/EC (31), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(25) |
Regulation (EC) No 1688/2005 repeals Commission Decision 95/168/EC (32), Council Decisions 95/409/EC (33), 95/411/EC (34) and Commission Decision 2003/470/EC (35), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(26) |
Regulation (EC) No 2073/2005 repeals Commission Decision 93/51/EEC (36) which is incorporated into the Agreement and which is consequently to be repealed under the Agreement. |
(27) |
Regulation (EC) No 401/2006 repeals Commission Directives 98/53/EC (37), 2002/26/EC (38), 2003/78/EC (39) and 2005/38/EC (40), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(28) |
Regulation (EC) No 1664/2006 repeals Commission Decision 91/180/EEC (41), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement. |
(29) |
Decision 2006/765/EC repeals several acts which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(30) |
This Decision is not to apply to Liechtenstein. |
(31) |
This Decision shall apply to Iceland with the transitional period specified in paragraph 2 of the Introductory Part of Chapter I of Annex I for the areas which did not apply to Iceland prior to the review of this Chapter by Decision of the EEA Joint Committee No 133/2007 of 26 October 2007, |
HAS DECIDED AS FOLLOWS:
Article 1
Annexes I and II to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Regulations (EC) No 852/2004 (as corrected by OJ L 226, 25.6.2004, p. 3), (EC) No 853/2004 (as corrected by OJ L 226, 25.6.2004, p. 22), (EC) No 854/2004 (as corrected by OJ L 226, 25.6.2004, p. 83), (EC) No 882/2004 (as corrected by OJ L 191, 28.5.2004, p. 1), (EC) No 1688/2005, (EC) No 2073/2005 (as corrected by OJ L 278, 10.10.2006, p. 32 and OJ L 283, 14.10.2006, p. 62), (EC) No 2074/2005, (EC) No 2075/2005, (EC) No 2076/2005, (EC) No 401/2006, (EC) No 776/2006, (EC) No 1662/2006, (EC) No 1663/2006, (EC) No 1664/2006, (EC) No 1665/2006 and (EC) No 1666/2006, and Directive 2004/41/EC (as corrected by OJ L 195, 2.6.2004, p. 12), and Decisions 2006/677/EC and 2006/765/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 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1) or at the day of the entry into force of the Decision on the EEA Joint Committee No 133/2007 of 26 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 12.
(2) OJ L 47, 21.2.2008, p. 21.
(3) OJ L 139, 30.4.2004, p. 1.
(4) OJ L 139, 30.4.2004, p. 55.
(5) OJ L 139, 30.4.2004, p. 206.
(6) OJ L 157, 30.4.2004, p. 33.
(7) OJ L 165, 30.4.2004, p. 1.
(8) OJ L 271, 15.10.2005, p. 17.
(9) OJ L 338, 22.12.2005, p. 1.
(10) OJ L 338, 22.12.2005, p. 27.
(11) OJ L 338, 22.12.2005, p. 60.
(12) OJ L 338, 22.12.2005, p. 83.
(13) OJ L 70, 9.3.2006, p. 12.
(14) OJ L 136, 24.5.2006, p. 3.
(15) OJ L 278, 10.10.2006, p. 15.
(16) OJ L 320, 18.11.2006, p. 1.
(17) OJ L 320, 18.11.2006, p. 11.
(18) OJ L 320, 18.11.2006, p. 13.
(19) OJ L 320, 18.11.2006, p. 46.
(20) OJ L 320, 18.11.2006, p. 47.
(21) OJ L 320, 18.11.2006, p. 50.
(22) OJ L 175, 19.7.1993, p. 1.
(23) OJ L 170, 3.8.1970, p. 2.
(24) OJ L 32, 5.2.1985, p. 14.
(25) OJ L 372, 31.12.1985, p. 50.
(26) OJ L 186, 30.6.1989, p. 23.
(27) OJ L 290, 24.11.1993, p. 14.
(28) OJ L 265, 8.11.1995, p. 17.
(29) OJ L 166, 8.7.1993, p. 31.
(30) OJ L 346, 22.12.1998, p. 51.
(31) OJ L 120, 8.5.1999, p. 40.
(32) OJ L 109, 16.5.1995, p. 44.
(33) OJ L 243, 11.10.1995, p. 21.
(34) OJ L 243, 11.10.1995, p. 29.
(35) OJ L 157, 26.6.2003, p. 66.
(36) OJ L 13, 21.1.1993, p. 11.
(37) OJ L 201, 17.7.1998, p. 93.
(38) OJ L 75, 16.3.2002, p. 38.
(39) OJ L 203, 12.8.2003, p. 40.
(40) OJ L 143, 7.6.2005, p. 18.
(41) OJ L 93, 13.4.1991, p. 1.
(*1) Constitutional requirements indicated.
ANNEX
Annexes I and II to the Agreement shall be amended as specified below:
1. |
The following shall be inserted after point 10 (Regulation (EC) No 998/2003 of the European Parliament and of the Council) in Part 1.1 of Chapter I of Annex I: ‘Official control of food and feed
Official control of food of animal origin
|
2. |
The text of point 8 (Council Directive 85/73/EEC) in Part 1.1 of Chapter I of Annex I shall be deleted with effect from 1 January 2008. |
3. |
The following points shall be inserted after point 133 (Commission Decision 2007/16/EC) in Part 1.2 of Chapter I of Annex I:
|
4. |
The following shall be inserted after point 15 (Council Directive 92/118/EEC) in Part 6.1 of Chapter I of Annex I: ‘Hygiene in foodstuffs and food of animal origin
|
5. |
The following indent shall be added in points 1 (Council Directive 89/662/EEC) in Part 1.1, 7 (Council Directive 92/118/EEC) in Part 5.1, 15 (Council Directive 92/118/EEC) in Part 6.1, 16 (Council Directive 92/118/EEC) in Part 8.1 and 18 (Council Decision 95/408/EC) in Part 8.1 of Chapter I of Annex I:
|
6. |
The text of points 10a (Council Decision 1999/313/EC) in Part 6.1 and points 9 (Commission Decision 91/180/EEC) and 17 (Council Decision 93/383/EEC) in Part 6.2 of Chapter I of Annex I shall be deleted. |
7. |
The text of points 1 (Council Directive 72/461/EEC), 2 (Council Directive 91/494/EEC), 3 (Council Directive 80/215/EEC), 4 (Council Directive 92/46/EEC), 5 (Council Directive 91/495/EEC) and 6 (Council Directive 92/45/EEC) in Part 5.1, 1 (Council Directive 64/433/EEC), 2 (Council Directive 71/118/EEC), 4 (Council Directive 77/99/EEC), 6 (Council Directive 94/65/EC), 7 (Council Directive 89/437/EEC), 8 (Council Directive 91/493/EEC), 9 (Council Directive 92/48/EEC), 10 (Council Directive 91/492/EEC), 11 (Council Directive 92/46/EEC), 13 (Council Directive 91/495/EEC) and 14 (Council Directive 92/45/EEC) in Part 6.1, 5 (Commission Directive 89/362/EEC) in Part 6.2, 8 (Council Directive 71/118/EEC), 9 (Council Directive 91/494/EEC), 10 (Council Directive 94/65/EC), 11 (Council Directive 91/493/EEC), 12 (Council Directive 91/492/EEC), 13 (Council Directive 92/46/EEC), 14 (Council Directive 92/45/EEC) and 17 (Council Directive 77/96/EEC) in Part 8.1 of Chapter I of Annex I shall be deleted. |
8. |
The following points shall be inserted after point 50 (Commission Decision 2004/440/EC) in Part 6.2 of Chapter I of Annex I:
|
9. |
The text of point 84 (Commission Decision 98/470/EC) in Part 1.2 and points 1 (Commission Directive 83/201/EEC), 2 (Commission Decision 84/371/EEC), 4 (Commission Decision 87/266/EEC), 7 (Commission Decision 90/514/EEC, 10 (Commission Decision 92/92/EEC), 14 (Commission Decision 93/140/EEC), 18 (Commission Decision 94/14/EC), 21 (Commission Decision 94/356/EC), 22 (Council Decision 94/371/EC), 23 (Commission Decision 94/383/EC), 25 (Commission Decision 94/837/EC), 28 (Commission Decision 95/149/EC), 29 (Commission Decision 95/165/EC), 34 (Commission Decision 96/536/EC), 40 (Commission Decision 2001/471/EC), 42 (Commission Decision 2002/225/EC), 45 (Commission Decision 2003/380/EC) and 47 (Commission Decision 2003/774/EC) in part 6.2 of Chapter I of Annex I shall be deleted. |
10. |
The text of points 30 (Commission Decision 95/168/EC), 31 (Council Decision 95/409/EC, 32 (Council Decision 95/411/EC and 46 (Commission Decision 2003/470/EC) in Part 6.2 of Chapter I of Annex I shall be deleted. |
11. |
The text of point 13 (Commission Decision 93/51/EEC) in Part 6.2 of Chapter I of Annex I shall be deleted. |
12. |
The following shall be inserted after point 31i (Commission Directive 2003/126/EC) in Chapter II of Annex I:
|
13. |
The text of points 18 (Council Directive 70/373/EEC), 31a (Council Directive 95/53/EC), 31e (Council Decision 98/728/EC) in Chapter II of Annex I shall be deleted. |
14. |
The following shall be inserted after point 54zzzg (Council Decision 2006/478/EC) in Chapter XII of Annex II:
|
15. |
The text of points 37 (Council Directive 85/591/EEC), 50 (Council Directive 89/397/EEC), 54n (Council Directive 93/99/EEC), point 54j (Council Directive 93/43/EEC), 54s (Commission Directive 98/53/EC), 54zx (Commission Directive 2002/26/EC), 54zzj (Commission Directive 2003/78/EC) and 54zzv (Commission Directive 2005/38/EC) in Chapter XII of Annex II shall be deleted. |
Declaration by the Government OF Iceland on Salmonella guaranties
Iceland declares its intentions to establish a control program equivalent to that approved for Sweden, Finland and Norway in respect of food of animal origin, and to have it approved in accordance with Regulation (EC) No 2160/2003 by the time the transitional period expires.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/62 |
DECISION OF THE EEA JOINT COMMITTEE
No 138/2007
of 26 October 2007
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 100/2007 of 28 September 2007 (1). |
(2) |
Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (2) is to be incorporated into the Agreement. |
(3) |
Regulation (EC) No 183/2005 repeals Council Directive 95/69/EC (3) and Commission Directive 98/51/EC (4), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement. |
(4) |
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:
1. |
The following point shall be inserted after point 31l (Commission Decision 2006/677/EC):
|
2. |
The text of points 31b (Council Directive 95/69/EC) and 31ba (Commission Directive 98/51/EC) shall be deleted. |
Article 2
The texts of Regulation (EC) No 183/2005 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 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1) or at the day of the entry into force of the Decision on the EEA Joint Committee No 137/2007 of 26 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 12.
(3) OJ L 332, 30.12.1995, p. 15.
(4) OJ L 208, 24.7.1998, p. 43
(*1) No constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/64 |
DECISION OF THE EEA JOINT COMMITTEE
No 139/2007
of 26 October 2007
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 104/2007 of 28 September 2007 (1). |
(2) |
Commission Regulation (EC) No 1883/2006 of 19 December 2006 laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs (2) is to be incorporated into the Agreement. |
(3) |
Regulation (EC) No 1883/2006 repeals Commission Directive 2002/69/EC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement. |
(4) |
This Decision is not to apply to Liechtenstein, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter XII of Annex II to the Agreement shall be amended as follows:
1. |
The following point shall be inserted after point 54zzzm (Commission Decision 2006/677/EC):
|
2. |
The text of point 54zzc (Commission Directive 2002/69/EC) shall be deleted. |
Article 2
The texts of Regulation (EC) No 1883/2006 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 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 21.
(2) OJ L 364, 20.12.2006, p. 32.
(*1) No constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/66 |
DECISION OF THE EEA JOINT COMMITTEE
No 140/2007
of 26 October 2007
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 105/2007 of 28 September 2007 (1). |
(2) |
Commission Regulation (EC) No 1950/2006 of 13 December 2006 establishing, in accordance with Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products, a list of substances essential for the treatment of equidae (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following point shall be inserted after point 15z (Commission Directive 2006/86/EC) of Chapter XIII of Annex II to the Agreement:
‘15za. |
32006 R 1950: Commission Regulation (EC) No 1950/2006 of 13 December 2006 establishing, in accordance with Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products, a list of substances essential for the treatment of equidae (OJ L 367, 22.12.2006, p. 33).’ |
Article 2
The texts of Regulation (EC) No 1950/2006 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 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 22.
(2) OJ L 367, 22.12.2006, p. 33.
(*1) No constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/68 |
DECISION OF THE EEA JOINT COMMITTEE
No 141/2007
of 26 October 2007
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 109/2007 of 28 September 2007 (1). |
(2) |
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (2), as corrected by OJ L 311, 10.11.2006, p. 58, is to be incorporated into the Agreement. |
(3) |
Directive 2006/66/EC repeals, with effect from 26 September 2008, Council Directive 91/157/EEC (3), which is incorporated into the Agreement and is consequently to be repealed under the Agreement with effect from 26 September 2008, |
HAS DECIDED AS FOLLOWS:
Article 1
Chapter XV of Annex II to the Agreement shall be amended as follows:
1. |
The following point shall be inserted after point 12w (Commission Regulation (EC) No 850/2004):
|
2. |
The text of point 11 (Council Directive 91/157/EEC) shall be deleted with effect from 26 September 2008. |
Article 2
The texts of Directive 2006/66/EC, as corrected by OJ L 311, 10.11.2006, p. 58, 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 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 29.
(2) OJ L 266, 26.9.2006, p. 1.
(3) OJ L 78, 26.3.1991, p. 38.
(*1) Constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/70 |
DECISION OF THE EEA JOINT COMMITTEE
No 142/2007
of 26 October 2007
amending Annex VII (Mutual recognition of professional qualifications) 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 Article 101 thereof,
Whereas:
(1) |
Annex VII to the Agreement was amended by Decision of the EEA Joint Committee No 43/2005 of 11 March 2005 (1). |
(2) |
Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No 115/2007 of 28 September 2007 (2). |
(3) |
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (3) is to be incorporated into the Agreement. |
(4) |
Council Directive 2006/100/EC of 20 November 2006 adapting Certain Directives in the field of free movement of persons, by reason of accession of Bulgaria and Romania (4) was incorporated into the Agreement by Decision of the EEA Joint Committee No 132/2007 of 26 October 2007 and therefore needs to be added as an indent to Directive 2005/36/EC. |
(5) |
Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications (5) is to be incorporated into the Agreement. |
(6) |
For the Agreement to function well, Protocol 37 to the Agreement is to be extended to include the group of coordinators for the recognition of professional qualifications set up by Decision 2007/172/EC, and Annex VII is to be amended in order to specify the procedures for association with this group. |
(7) |
Directive 2005/36/EC repeals, with effect from 20 October 2007, Council Directives 77/452/EEC (6), 77/453/EEC (7), 78/686/EEC (8), 78/687/EEC (9), 78/1026/EEC (10), 78/1027/EEC (11), 80/154/EEC (12), 80/155/EEC (13), 85/384/EEC (14), 85/432/EEC (15), 85/433/EEC (16), 89/48/EEC (17), 92/51/EEC (18), 93/16/EEC (19) and Directive 1999/42/EC (20) of the European Parliament and of the Council, which are incorporated into the Agreement and which are consequently to be repealed under the Agreement with effect from 20 October 2007. |
(8) |
Council Directive 81/1057/EEC (21), which is incorporated into the Agreement, becomes devoid of purpose and is consequently to be repealed under the Agreement with effect from 20 October 2007. |
(9) |
Council Decision 85/368/EEC (22) and most acts under the heading ‘Acts of which the Contracting Parties shall take note’ are obsolete and are consequently to be repealed under the Agreement with effect from 20 October 2007, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex VII to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
Protocol 37 (containing the list provided for in Article 101) to the Agreement shall be amended as follows:
1. |
The text of point 9 (Coordinating Group on Mutual Recognition of Higher-Education Diplomas (Council Directive 89/48/EEC)) shall be deleted. |
2. |
The following point shall be inserted:
|
Article 3
The texts of Directive 2005/36/EC and Decision 2007/172/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 4
This Decision shall enter into force on 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 198, 28.7.2005, p. 45.
(2) OJ L 47, 21.2.2008, p. 36.
(3) OJ L 255, 30.9.2005, p. 22.
(4) OJ L 363, 20.12.2006, p. 141.
(5) OJ L 79, 20.3.2007, p. 38.
(6) OJ L 176, 15.7.1977, p. 1.
(7) OJ L 176, 15.7.1977, p. 8.
(8) OJ L 233, 24.8.1978, p. 1.
(9) OJ L 233, 24.8.1978, p. 10.
(10) OJ L 362, 23.12.1978, p. 1.
(11) OJ L 362, 23.12.1978, p. 7.
(12) OJ L 33, 11.2.1980, p. 1.
(13) OJ L 33, 11.2.1980, p. 8.
(14) OJ L 223, 21.8.1985, p. 15.
(15) OJ L 253, 24.9.1985, p. 34.
(16) OJ L 253, 24.9.1985, p. 37.
(17) OJ L 19, 24.1.1989, p. 16.
(18) OJ L 209, 24.7.1992, p. 25.
(19) OJ L 165, 7.7.1993, p. 1.
(20) OJ L 201, 31.7.1999, p. 77.
(21) OJ L 385, 31.12.1981, p. 25.
(22) OJ L 199, 31.7.1985, p. 56.
(*1) Constitutional requirements indicated.
ANNEX
Annex VII to the Agreement shall be amended as follows:
1. |
The heading ‘Mutual recognition of professional qualifications’ shall be replaced by ‘Recognition of professional qualifications’. |
2. |
The heading ‘A. General system’ shall be replaced by ‘A. General system, recognition of professional experience and automatic recognition’. |
3. |
Points 1, 1a and 1b shall be renumbered as points 1a, 1b and 1c. |
4. |
The following point shall be inserted before new point 1a (Council Directive 89/48/EEC):
|
5. |
The following point shall be inserted after new point 1c (Directive 1999/42/EC of the European Parliament and of the Council):
Procedures for the association of Liechtenstein, Iceland and Norway in accordance with Article 101 of the Agreement: Each EFTA State may, in accordance with Article 4(1) of Commission Decision 2007/172/EC, appoint persons to participate as observers in the meetings of the group of coordinators for the recognition of professional qualifications. The EC Commission shall, in due time, inform the participants of the dates of the meetings of the Group and transmit to them the relevant documentation.’ |
6. |
The texts of points 1a (Council Directive 89/48/EEC), 1b (Council Directive 92/51/EEC), 1c (Directive 1999/42/EC of the European Parliament and of the Council), 3 (Council Directive 81/1057/EEC), 18 (Council Directive 85/384/EEC), 58 (Council Decision 85/368/EEC), 62 (Council Recommendation 75/366/EEC), 63 (Council Recommendation 75/367/EEC), 64 (375 Y 0701(01): Council Statements) and 65 (Council Recommendation 86/458/EEC) shall be deleted. |
7. |
The texts of, and headings related to, points 4 (Council Directive 93/16/EEC), 8 (Council Directive 77/452/EEC), 9 (Council Directive 77/453/EEC), 10 (Council Directive 78/686/EEC), 11 (Council Directive 78/687/EEC), 12 (Council Directive 78/1026/EEC), 13 (Council Directive 78/1027/EEC), 14 (Council Directive 80/154/EEC), 15 (Council Directive 80/155/EEC), 16 (Council Directive 85/432/EEC), 17 (Council Directive 85/433/EEC), 59 (C/81/74/p. 1: Communication from the Commission), 60 (374 Y 0820(01): Council Resolution), 61 (389 L 0048: Statement by the Council and the Commission), 67 (378 Y 0824(01): Council Statement), 68 (Council Recommendation 78/1029/EEC), 69 (378 Y 1223(01): Council Statements), 70 (Council Recommendation 85/435/EEC) and 71 (Council Recommendation 85/386/EEC) shall be deleted. |
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/84 |
DECISION OF THE EEA JOINT COMMITTEE
No 143/2007
of 26 October 2007
amending Annex XI (Telecommunication services) 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 XI to the Agreement was amended by Decision of the EEA Joint Committee No 115/2007 of 28 September 2007 (1). |
(2) |
Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile networks within the Community and amending Directive 2002/21/EC (2) is to be incorporated into the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XI to the Agreement shall be amended as follows:
1. |
The following point shall be inserted after point 5ct (Commission Decision 2005/928/EC):
|
2. |
The following shall be added in point 5cl (Directive 2002/21/EC of the European Parliament and of the Council): ‘, as amended by:
|
Article 2
The texts of Regulation (EC) No 717/2007 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 the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 36.
(2) OJ L 171, 29.6.2007, p. 32.
(*1) Constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/86 |
DECISION OF THE EEA JOINT COMMITTEE
No 144/2007
of 26 October 2007
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 122/2007 of 28 September 2007 (1). |
(2) |
Commission Regulation (EC) No 62/2006 of 23 December 2005 concerning the technical specification for interoperability relating to the telematic applications for freight subsystem of the trans-European conventional rail system (2) is to be incorporated into the Agreement. |
(3) |
Commission Decision 2006/679/EC of 28 March 2006 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system (3) is to be incorporated into the Agreement. |
(4) |
Commission Decision 2006/860/EC of 7 November 2006 concerning a technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high speed rail system and modifying Annex A to Decision 2006/679/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system (4) is to be incorporated into the Agreement. |
(5) |
Commission Decision 2007/153/EC of 6 March 2007 modifying Annex A to Decision 2006/679/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system and Annex A to Decision 2006/860/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high speed rail system (5) 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 points shall be inserted after point 37g (Commission Decision 2006/66/EC):
|
2. |
The following shall be added in point 37e (Commission Decision 2004/446/EC): ‘, as amended by:
|
3. |
The following shall be added in point 37f (Commission Decision 2004/447/EC): ‘, as amended by:
|
4. |
The following indent shall be added in point 37ab (Commission Decision 2002/731/EC):
|
Article 2
The texts of Regulation (EC) No 62/2006 and Decisions 2006/679/EC, 2006/860/EC and 2007/153/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 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 47.
(3) OJ L 284, 16.10.2006, p. 1.
(4) OJ L 342, 7.12.2006, p. 1.
(*1) No constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/89 |
DECISION OF THE EEA JOINT COMMITTEE
No 145/2007
of 26 October 2007
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 122/2007 of 28 September 2007 (1). |
(2) |
Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (2) is to be incorporated into the Agreement. |
(3) |
Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (3) is to be incorporated into the Agreement. |
(4) |
Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (4) is to be incorporated into the Agreement. |
(5) |
Commission Regulation (EC) No 910/2006 of 20 June 2006 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (5) is to be incorporated into the Agreement. |
(6) |
Commission Regulation (EC) No 1543/2006 of 12 October 2006 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council and as amended by Regulation (EC) No 910/2006 (6) is to be incorporated into the Agreement. |
(7) |
Commission Regulation (EC) No 235/2007 of 5 March 2007 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (7) is to be incorporated into the Agreement. |
(8) |
Commission Regulation (EC) No 787/2007 of 4 July 2007 amending Commission Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (8) 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 points shall be inserted after point 66z (Directive 2006/23/EC of the European Parliament and of the Council):
|
2. |
The following shall be added in point 66r (Directive 2004/36/EC of the European Parliament and of the Council): ‘, as amended by:
|
Article 2
The texts of Regulations (EC) No 2111/2005, (EC) No 473/2006, (EC) No 474/2006, (EC) No 910/2006, (EC) No 1543/2006, (EC) No 235/2007 and (EC) No 787/2007 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 27 October 2007, 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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 47.
(2) OJ L 344, 27.12.2005, p. 15.
(4) OJ L 84, 23.3.2006, p. 14.
(5) OJ L 168, 21.6.2006, p. 16.
(6) OJ L 283, 14.10.2006, p. 27.
(8) OJ L 175, 5.7.2007, p. 10.
(*1) No constitutional requirements indicated.
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/92 |
DECISION OF THE EEA JOINT COMMITTEE
No 146/2007
of 26 October 2007
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 127/2007 of 28 September 2007 (1). |
(2) |
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (2) is to be incorporated into the Agreement. |
(3) |
Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms (3) is to be incorporated into the Agreement. |
(4) |
Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (4) is to be incorporated into the Agreement. |
(5) |
Commission Decision 2004/156/EC of 29 January 2004 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (5) is to be incorporated into the Agreement. |
(6) |
Commission Decision 2006/780/EC of 13 November 2006 on avoiding double counting of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council (6) is to be incorporated into the Agreement. |
(7) |
Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (7), has not been incorporated into the Agreement. |
(8) |
Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (8) has not been incorporated into the Agreement and therefore the specific reporting requirements under Article 3 of the Decision, as re-iterated under Article 30(3) of Directive 2003/87/EC, do not apply to the EFTA States. |
(9) |
Norway established a scheme for greenhouse gas emission allowance trading as of 1 January 2005 through Act No 99 of 17 December 2004, with related regulations of 23 December 2004, as amended on 15 March 2005. Amendments to this law pertaining to the period 2008-2012 entered into force on 1 July 2007, and subsequent amendments of the domestic regulations were made on 14 September 2007. Under the Norwegian scheme, allowances will not be issued for the period beginning in 2008 in respect of allowances that are surplus in the initial three-year period beginning in 2005. Norway has announced that in the five-year period beginning in 2008, subject to applicable approval procedures, Norway would issue no more than 15 million tonnes of allowances, and the maximum amount of CERs and ERUs which may be used by operators would be no more than 20 % of the total quantity of allowances. No such scheme currently operates in Iceland or Liechtenstein. Measures are being taken to reduce the greenhouse gas emissions of installations in Iceland, which would fall within the scope of application of Directive 2003/87/EC, including the installations as listed in an Annex to this Decision, which justify their exemption from the scope of the Directive during the period that such measures apply. |
(10) |
The different situation applicable in the different EFTA States has to be considered. Particular account needs to be taken of the commitments of Iceland under the Kyoto Protocol as Iceland has notified that it avails itself of the provisions of Decision 14/CP.7 of the Conference of the Parties to the Kyoto Protocol on the impact of single projects on emissions in the commitment period. |
(11) |
The EFTA States may have installations with facilities for carbon capture and storage in the period 2008-2012 which will be unilaterally included into the EU emissions trading scheme in such a way that emissions which are captured and permanently stored will be discounted from the monitored level of emissions of an installation. This decision is without prejudice to any distribution of allowances to such installations. |
(12) |
This Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in particular in the context of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, other than in respect of the instruments incorporated by this Decision into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. |
(13) |
Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change and the Kyoto Protocol. |
(14) |
The EFTA States shall continue to be given the opportunity to contribute to the work of the Climate Change Committee, which assists the Commission pursuant to Article 23 of Directive 2003/87/EC, and to present their national allocation plans for discussion in this Committee. |
(15) |
The EFTA States may participate in international emissions trading as Parties to the Kyoto Protocol with any other Party included in Annex B thereto. |
(16) |
The EFTA States shall be included into the Community independent transaction log. The Community independent transaction log's Central Administrator shall perform his tasks with regard to the EFTA States, and the EFTA Surveillance Authority shall be the competent body to give the necessary instructions to the Central Administrator in relation to provisions relating to the application of Regulation (EC) No 2216/2004 for the EFTA States. |
(17) |
When an agreement pursuant to Article 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated as compared to EC Member States and their operators. |
(18) |
The EFTA Surveillance Authority shall coordinate closely with the Commission whenever it is called to undertake tasks relating to the EFTA States for which the Commission is responsible with respect to the EC Member States pursuant to Directive 2003/87/EC, Regulation (EC) No 2216/2004, Decision 2004/156/EC and Decision 2006/780/EC. These tasks include inter alia the assessment of a national allocation plan under Article 9(3) for each period referred to in Article 11(2) and any application for the unilateral inclusion of additional activities and gases under Article 24 of Directive 2003/87/EC. |
(19) |
The Standing Committee of the EFTA States aims at adopting a decision establishing an EFTA Advisory Committee to assist the EFTA Surveillance Authority in the fulfilment of these tasks. The Commission representative shall participate as an observer in the Committee. The assessment of the EFTA States' compliance with the provisions stemming from the Directive, in particular with regard to the total quantity of allowances, shall address the aspects of climate change policies and measures which are relevant to this Agreement. However, the EFTA Surveillance Authority shall not elaborate on the individual EFTA States' achievement of their international commitments on the reduction of greenhouse gas emissions themselves. The decision on a national allocation plan should be consistent with the criteria of Annex III to Directive 2003/87/EC, in particular with the relevant provisions of the methodology pursuant to the Commission's guidance documents COM(2003) 830 final, COM(2005) 703 final and COM(2006) 725 final for the assessment of a national allocation plan under Article 9(3) of the Directive 2003/87/EC and the Commission's Decisions on national allocation plans, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex XX to the Agreement shall be amended as follows:
1. |
The following indent shall be added in point 1f (Council Directive 96/61/EC):
|
2. |
The following points shall be inserted after point 21ak (Directive 2004/107/EC of the European Parliament and of the Council):
|
Article 2
The texts of Directives 2003/87/EC and 2004/101/EC, Regulation (EC) No 2216/2004 and Decisions 2004/156/EC and 2006/780/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 27 October 2007 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).
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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 47, 21.2.2008, p. 58.
(2) OJ L 275, 25.10.2003, p. 32.
(3) OJ L 338, 13.11.2004, p. 18.
(4) OJ L 386, 29.12.2004, p. 1.
(6) OJ L 316, 16.11.2006, p. 12.
(7) OJ L 130, 15.5.2002, p. 1.
(*1) Constitutional requirements indicated.
ANNEX
Combustion installations in Iceland with a rated thermal input exceeding 20 MW:
|
Fishmeal and oil factory, Síldarvinnslan á Siglufirði; |
|
Fishmeal and oil factory, Síldarvinnslan á Seyðisfirði; |
|
Fishmeal and oil factory, Eskja á Eskifirði; |
|
Fishmeal and oil factory, Síldarvinnslan á Neskaupstað; |
|
Fishmeal and oil factory, HB Granda á Akranesi; |
|
Fishmeal and oil factory, Ísfélag Vestmannaeyja; |
|
Fishmeal and oil factory, Skeggey Höfn; |
|
Fishmeal and oil factory, Síldarvinnslan í Helguvík; |
|
Fishmeal and oil factory, Loðnuvinnslan á Fáskrúðsfirði; |
|
Fishmeal and oil factory, Vinnslustöðin í Vestmannaeyjum; |
|
Emergency back-up power plant for Alcan aluminium plant; |
|
Emergency back-up power plant Reykjavík Energy. |
10.4.2008 |
EN |
Official Journal of the European Union |
L 100/99 |
DECISION OF THE EEA JOINT COMMITTEE
No 147/2007
of 26 October 2007
amending Protocol 23 to the EEA Agreement concerning the cooperation between the surveillance authorities (Article 58)
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) |
Protocol 23 to the Agreement was amended by Decision of the EEA Joint Committee No 178/2004 of 3 December 2004 (1). |
(2) |
In order to allow the EFTA Surveillance Authority and the EFTA States to participate in policy discussions within the European Competition Network involving the exchange of confidential information pursuant to Articles 81 and 82 of the EC Treaty, a legal framework is required to allow the exchange of confidential information not already covered by the Agreement. Therefore a new Article 1A should be incorporated into Protocol 23 to the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
The following Article shall be added after Article 1 of Protocol 23 to the Agreement:
‘Article 1A
In the interests of homogeneous interpretation by the EFTA Surveillance Authority and the EC Commission of Articles 53 and 54 of the Agreement and of Articles 81 and 82 of the Treaty, the EFTA Surveillance Authority and the competent authorities of the EFTA States may also be allowed to participate in meetings of the network of public authorities referred to in recital 15 of Council Regulation (EC) No 1/2003 for the purposes of discussion of general policy issues only. The EFTA Surveillance Authority, the EC Commission and the competent authorities of the EFTA states and of the EC Member States shall have the power to make available all information necessary for the purpose of such general policy discussion in that network. Information made available in this context shall not be used for enforcement purposes. This participation shall be without prejudice to rights of participation of the EFTA States and the EFTA Surveillance Authority granted under the EEA Agreement.’
Article 2
This Decision shall enter into force on 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).
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, 26 October 2007.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L 133, 26.5.2005, p. 35.
(*1) No constitutional requirements indicated.