Date: 25-Jan-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 138/2021 of 23 April 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/151]
The EEA Joint Committee Decision No 138/2021 amends Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement.
This decision incorporates several Commission Regulations and Implementing Decisions into the EEA Agreement.
Specifically, it includes regulations concerning chemical substances and biocidal products.
Key Changes
Incorporates Commission Regulation (EU) 2020/2160, which amends Annex XIV to Regulation (EC) No 1907/2006 regarding 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated.
Incorporates Commission Implementing Regulation (EU) 2020/1771, approving reaction mass of peracetic acid (PAA) and peroxyoctanoic acid (POOA) for use in biocidal products of product-types 2, 3, and 4.
Incorporates Commission Implementing Decision (EU) 2020/1765, which does not approve chlorophene as an active substance for use in biocidal products of product-type 2.
The amendments are made to Chapter XV of Annex II to the EEA Agreement.
The decision entered into force on 24 April 2021, following notifications under Article 103(1) of the EEA Agreement.
Impact Analysis
Businesses involved in chemical manufacturing and import/export within the EEA
Action Item: Review current usage and handling of the substance to ensure compliance.
Biocidal product manufacturers and suppliers
Action Item: Reformulate products to remove chlorophene and find suitable alternatives.
EEA Member States
Action Item: Update national legislation and guidance documents to reflect the changes.
Consumers
Action Item: No specific action needed, but increased awareness of product ingredients is beneficial.
Key Entities Referenced
EEA Joint Committee: The body responsible for amending the EEA Agreement.
European Commission: The executive branch of the European Union, responsible for proposing and implementing legislation.
Regulation (EC) No 1907/2006: The REACH regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.
Commission Regulation (EU) 2020/2160: Regulation amending Annex XIV to Regulation (EC) No 1907/2006 regarding 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated.
Commission Implementing Regulation (EU) 2020/1771: Regulation approving reaction mass of peracetic acid (PAA) and peroxyoctanoic acid (POOA) for use in biocidal products.
Commission Implementing Decision (EU) 2020/1765: Decision not approving chlorophene as an active substance for use in biocidal products of product-type 2.
EEA Agreement: Agreement on the European Economic Area.
Official Journal EN
of the European Union L series
2024/151 25.1.2024
DECISION OF THE EEA JOINT COMMITTEE No 138/2021
of 23 April 2021
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2024/151]
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 Regulation (EU) 2020/2160 of 18 December 2020 amending Annex XIV to Regulation (EU)
No 1907/2006 of the European Parliament and of the Council as regards the substance group
4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or
variable composition, complex reaction products or biological materials, polymers and homologues)(1) is to be
incorporated into the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2020/1771 of 26 November 2020approving reaction mass of peracetic
acid (PAA) and peroxyoctanoic acid (POOA) as an existing active substance for use in biocidal products of product-
types 2, 3 and 4(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Decision (EU) 2020/1765 of 25 November 2020 not approving chlorophene as an
existing active substance for use in biocidal products of product-type 2(3) is to be incorporated into the EEA
Agreement.
(4) 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 indent is added in point 12zc (Regulation (EC) No 1907/2006 of the European Parliament and of the
Council):
‘— 32020 R 2160: Commission Regulation (EU) 2020/2160 of 18 December 2020(OJ L 431, 21.12.2020, p. 38).’
2. The following points are inserted after point 12zzzzzzp (Commission Implementing Regulation (EU) 2020/1086):
‘12zzzzzzq. 32020 R 1771: Commission Implementing Regulation (EU) 2020/1771 of 26 November 2020approving
reaction mass of peracetic acid (PAA) and peroxyoctanoic acid (POOA) as an existing active substance for
use in biocidal products of product-types 2, 3 and 4 (OJ L 398, 27.11.2020, p. 9).
12zzzzzzr. 32020 D 1765: Commission Implementing Decision (EU) 2020/1765 of 25 November 2020 not
approving chlorophene as an existing active substance for use in biocidal products of product-type 2
(OJ L 397, 26.11.2020, p. 24).’
Article 2
The texts of Regulation (EU) 2020/2160, Implementing Regulation (EU) 2020/1771 and Implementing Decision
(EU) 2020/1765 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of
the European Union, shall be authentic.
(1) OJ L 431, 21.12.2020, p. 38.
(2) OJ L 398, 27.11.2020, p. 9.
(3) OJ L 397, 26.11.2020, p. 24.
ELI: http://data.europa.eu/eli/dec/2024/151/oj 1/2EN
OJ L, 25.1.2024
Article 3
This Decision shall enter into force on 24 April 2021, 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, 23 April 2021.
For the EEA Joint Committee
The President
Clara GANSLANDT
* No constitutional requirements indicated.
2/2 ELI: http://data.europa.eu/eli/dec/2024/151/oj