Date: 2022-09-22Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 106/2022 of 29 April 2022 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1550]
Executive Summary:
EEA Joint Committee Decision No. 106/2022 amends Annexes I and II to the EEA Agreement to incorporate Commission Delegated Regulation (EU) 2021/1353 regarding official laboratories. This decision does not apply to Liechtenstein. It entered into force on April 30, 2022, pending notifications.
Key Points / Main Content:
* **Amendment of Annex I:**
* Point 11bza is inserted after point 11bz in Part 1.1 of Chapter I, referencing Regulation (EU) 2021/1353.
* Point 31qy is inserted after point 31qx in Chapter II, referencing Regulation (EU) 2021/1353.
* **Amendment of Annex II:**
* Point 164z is inserted after point 164y in Chapter XII, referencing Regulation (EU) 2021/1353.
* **Regulation (EU) 2021/1353:**
* Concerns cases and conditions under which competent authorities may designate official laboratories.
* These laboratories may not fulfill all conditions for all methods used in official controls.
* **Liechtenstein Exclusion:**
* The legislation regarding veterinary matters, feedingstuffs, and foodstuffs does not apply to Liechtenstein.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Regulation (EU) 2021/1353 are authentic.
* **Entry into Force:**
* The decision entered into force on April 30, 2022, after all notifications under Article 103(1) of the EEA Agreement were made.
* **Publication:**
* The decision will be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Union.
Impact Analysis:
* **EEA Member States (excluding Liechtenstein):**
* Impact: Must incorporate Commission Delegated Regulation (EU) 2021/1353 into their national regulations regarding official laboratories.
* Action Required: Update relevant veterinary and phytosanitary measures and technical regulations to align with the amended Annexes I and II of the EEA Agreement.
* **Official Laboratories:**
* Impact: The regulation affects the conditions under which they may be designated by competent authorities for official controls.
* Action Required: Understand and comply with the conditions outlined in Regulation (EU) 2021/1353 regarding their designation and the methods they use.
* **Competent Authorities:**
* Impact: Regulation (EU) 2021/1353 affects their ability to designate official laboratories that may not fulfill all conditions for all methods used.
* Action Required: Implement the provisions of Regulation (EU) 2021/1353 when designating official laboratories, considering the specified cases and conditions.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for adopting decisions related to the European Economic Area (EEA) Agreement.
EEA Agreement: The Agreement on the European Economic Area, which extends the EU's single market to Iceland, Liechtenstein, and Norway.
Commission Delegated Regulation EU 2021/1353: A European Union regulation supplementing Regulation EU 2017/625 regarding official laboratories.
Regulation EU 2017/625: A regulation of the European Parliament and of the Council concerning official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
Liechtenstein: A country in Europe to which specific clauses of the EEA agreement do not apply due to its agreement with the Swiss Confederation.
European Union: A political and economic union of member states located primarily in Europe.
Swiss Confederation: A country in Europe that has an agreement with the European Community on trade in agricultural products that affects Liechtenstein's obligations under the EEA agreement.
Brussels: The city in Belgium where the EEA Joint Committee decision was made.
22.9.2022 EN Official Journal of the European Union L 246/35
DECISION OF THE EEA JOINT COMMITTEE No 106/2022
of 29 April 2022
amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations,
standards, testing and certification) to the EEA Agreement [2022/1550]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2021/1353 of 17 May 2021supplementing Regulation (EU) 2017/625 of
the European Parliament and of the Council with regard to the cases and conditions under which competent
authorities may designate official laboratories which do not fulfil the conditions in relation to all the methods they
use for official controls or other official activities(1)is to be incorporated into the EEA Agreement.
(2) This Decision concerns legislation regarding veterinary matters, feedingstuffs and foodstuffs. Legislation regarding
veterinary matters, feedingstuffs and foodstuffs shall not apply to Liechtenstein as long as the application of the
Agreement between the European Community and the Swiss Confederation on trade in agricultural products is
extended to Liechtenstein, as specified in the sectoral adaptations to Annex I and the introduction to Chapter XII of
Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.
(3) Annexes I and II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex I to the EEA Agreement shall be amended as follows:
1. The following point is inserted after point 11bz (Commission Delegated Regulation (EU) 2021/630) in Part 1.1 of
Chapter I:
‘11bza. 32021 R 1353: Commission Delegated Regulation (EU) 2021/1353 of 17 May 2021 supplementing
Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to the cases and
conditions under which competent authorities may designate official laboratories which do not fulfil the
conditions in relation to all the methods they use for official controls or other official activities (OJ L 291,
13.8.2021, p. 20).’
2. The following point is inserted after point 31qx (Commission Delegated Regulation (EU) 2019/2126) of Chapter II:
‘31qy 32021 R 1353: Commission Delegated Regulation (EU) 2021/1353 of 17 May 2021supplementing Regulation
(EU) 2017/625 of the European Parliament and of the Council with regard to the cases and conditions under
which competent authorities may designate official laboratories which do not fulfil the conditions in relation to
all the methods they use for official controls or other official activities (OJ L 291, 13.8.2021, p. 20).’
Article 2
The following point is inserted after point 164y (Commission Delegated Regulation (EU) 2021/2305) of Chapter XII of
Annex II to the EEA Agreement:
(1) OJ L 291, 13.8.2021, p. 20.L 246/36 EN Official Journal of the European Union 22.9.2022
‘164z. 32021 R 1353: Commission Delegated Regulation (EU) 2021/1353 of 17 May 2021 supplementing Regulation
(EU) 2017/625 of the European Parliament and of the Council with regard to the cases and conditions under
which competent authorities may designate official laboratories which do not fulfil the conditions in relation to all
the methods they use for official controls or other official activities (OJ L 291, 13.8.2021, p. 20).’
Article 3
The text of Delegated Regulation (EU) 2021/1353 in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.
Article 4
This Decision shall enter into force on 30 April 2022, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 29 April 2022.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
(*) No constitutional requirements indicated.