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Date: 2022-09-22 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 128/2022 of 29 April 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1572]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This EEA Joint Committee Decision No. 128/2022 amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations related to technical regulations, standards, testing, and certification. The decision, adopted on April 29, 2022, includes regulations concerning the approval and amendment of active substances and low-risk substances in plant protection products. The decision entered into force on April 30, 2022. Key Points / Main Content: Amendment of Annex II: * Chapter XV of Annex II to the EEA Agreement is amended. Incorporation of Regulations: * Commission Implementing Regulation (EU) 2021/1446 regarding the CAS number of chitosan hydrochloride is incorporated. * Commission Implementing Regulation (EU) 2021/1450 regarding the approval periods of acrinathrin and prochloraz is incorporated. * Commission Implementing Regulation (EU) 2021/1452 regarding potassium hydrogen carbonate as a low-risk substance is incorporated. * Commission Implementing Regulation (EU) 2021/1455 approving Bacillus amyloliquefaciens strain AH2 as a low-risk active substance is incorporated. Linguistic Authenticity: * The Icelandic and Norwegian language versions of Regulations (EU) 2021/1446, 2021/1450, 2021/1452, and 2021/1455 are authentic. Impact Analysis: EEA Member States: Impact: Must align national regulations with the incorporated EU regulations regarding plant protection products and active substances. Action Required: Implement the changes in Annex II into their national laws and regulations. Plant Protection Product Manufacturers and Distributors: Impact: Affected by changes to approved active substances and low-risk substances, influencing product formulation and marketability. Action Required: Ensure compliance with the updated regulations regarding the composition and labeling of plant protection products. European Commission: Impact: Responsible for the publication of the decision in the Official Journal of the European Union. Action Required: Ensure the decision is published in the EEA Section and EEA Supplement of the Official Journal.

Key Entities Referenced

EEA Joint Committee: The decision was made by the EEA Joint Committee. EEA Agreement: Agreement on the European Economic Area Commission Implementing Regulation EU 2021/1446: Commission Implementing Regulation correcting Implementing Regulations EU No 540/2011 and EU No 563/2014 as regards the CAS number of the basic substance chitosan hydrochloride Commission Implementing Regulation EU 2021/1450: Commission Implementing Regulation amending Implementing Regulation EU No 540/2011 as regards the approval periods of the active substances acrinathrin and prochloraz Commission Implementing Regulation EU 2021/1452: Commission Implementing Regulation renewing the approval of the active substance potassium hydrogen carbonate as a lowrisk substance Regulation EC No 1107/2009: Regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market Commission Implementing Regulation EU No 540/2011: A Commission Implementing Regulation that is frequently amended within the document. Commission Implementing Regulation EU 2021/1455: Commission Implementing Regulation approving the lowrisk active substance Bacillus amyloliquefaciens strain AH2
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22.9.2022 EN Official Journal of the European Union L 246/75 DECISION OF THE EEA JOINT COMMITTEE No 128/2022 of 29 April 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1572] 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 Implementing Regulation (EU) 2021/1446 of 3 September 2021correcting Implementing Regulations (EU) No 540/2011 and (EU) No 563/2014 as regards the CAS number of the basic substance chitosan hydrochloride(1)is to be incorporated into the EEA Agreement. (2) Commission Implementing Regulation (EU) 2021/1450 of 3 September 2021amending Implementing Regulation (EU) No 540/2011 as regards the approval periods of the active substances acrinathrin and prochloraz(2)is to be incorporated into the EEA Agreement. (3) Commission Implementing Regulation (EU) 2021/1452 of 3 September 2021renewing the approval of the active substance potassium hydrogen carbonate as a low-risk substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011(3) is to be incorporated into the EEA Agreement. (4) Commission Implementing Regulation (EU) 2021/1455 of 6 September 2021 approving the low-risk active substance Bacillus amyloliquefaciens strain AH2 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011(4)is to be incorporated into the EEA Agreement. (5) Annex II to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Chapter XV of Annex II to the EEA Agreement shall be amended as follows: (1) The following indents are added in point 13a (Commission Implementing Regulation (EU) No 540/2011): ‘— 32021 R 1446: Commission Implementing Regulation (EU) 2021/1446 of 3 September 2021 (OJ L 313, 6.9.2021, p. 9), — 32021 R 1450: Commission Implementing Regulation (EU) 2021/1450 of 3 September 2021 (OJ L 313, 6.9.2021, p. 25), — 32021 R 1452: Commission Implementing Regulation (EU) 2021/1452 of 3 September 2021 (OJ L 313, 6.9.2021, p. 30), — 32021 R 1455: Commission Implementing Regulation (EU) 2021/1455 of 6 September 2021 (OJ L 315, 7.9.2021, p. 1).’ (1) OJ L 313, 6.9.2021, p. 9. (2) OJ L 313, 6.9.2021, p. 25. (3) OJ L 313, 6.9.2021, p. 30. (4) OJ L 315, 7.9.2021, p. 1.L 246/76 EN Official Journal of the European Union 22.9.2022 (2) The following is added in point 13zzzzc (Commission Implementing Regulation (EU) No 563/2014): ‘, as amended by: — 32021 R 1446: Commission Implementing Regulation (EU) 2021/1446 of 3 September 2021 (OJ L 313, 6.9.2021, p. 9).’ (3) The following points are inserted after point 13zzzzzzzzzzzzc (Commission Implementing Regulation (EU) 2021/1379): ‘13zzzzzzzzzzzzd. 32021 R 1452: Commission Implementing Regulation (EU) 2021/1452 of 3 September 2021 renewing the approval of the active substance potassium hydrogen carbonate as a low-risk substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 313, 6.9.2021, p. 30). 13zzzzzzzzzzzze. 32021 R 1455: Commission Implementing Regulation (EU) 2021/1455 of 6 September 2021 approving the low-risk active substance Bacillus amyloliquefaciens strain AH2 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 315, 7.9.2021, p. 1).’ Article 2 The texts of Implementing Regulations (EU) 2021/1446, (EU) 2021/1450, (EU) 2021/1452 and (EU) 2021/1455 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic. Article 3 This Decision shall enter into force on 30 April 2022, provided that all the notifications under Article 103(1) of the EEA Agreement have been made*. Article 4 This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union. Done at Brussels, 29 April 2022. For the EEA Joint Committee The President Nicolas VON LINGEN (*) No constitutional requirements indicated.

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