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Date: 2018-03-15 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 149/2016 of 8 July 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2018/371]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** This EEA Joint Committee Decision No. 149/2016, dated 8 July 2016, amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations (EU) related to plant protection products. These regulations concern the approval, renewal, or non-approval of certain active substances. The decision entered into force on 9 July 2016. **Key Points / Main Content:** * **Amendment of Annex II:** Chapter XV of Annex II to the EEA Agreement is amended. * **Incorporation of Regulations:** * The following regulations are added to point 13a concerning Commission Implementing Regulation EU No 540/2011: * Commission Implementing Regulation EU 2016/138 of 2 February 2016 (OJ L 27, 3.2.2016, p. 5) * Commission Implementing Regulation EU 2016/139 of 2 February 2016 (OJ L 27, 3.2.2016, p. 7) * Commission Implementing Regulation EU 2016/146 of 4 February 2016 (OJ L 30, 5.2.2016, p. 7) * Commission Implementing Regulation EU 2016/147 of 4 February 2016 (OJ L 30, 5.2.2016, p. 12) * Commission Implementing Regulation EU 2016/177 of 10 February 2016 (OJ L 35, 11.2.2016, p. 1) * Commission Implementing Regulation EU 2016/182 of 11 February 2016 (OJ L 37, 12.2.2016, p. 40) * The following regulation is added to point 13zzze concerning Commission Implementing Regulation EU No 686/2012: * Commission Implementing Regulation EU 2016/183 of 11 February 2016 (OJ L 37, 12.2.2016, p. 44) * The following points are inserted after point 13zzzzzt concerning Commission Implementing Regulation EU 2015/2198: * 13zzzzzu. 32016 R 0138: Commission Implementing Regulation EU 2016/138 of 2 February 2016 concerning the non-approval of the active substance 3-decen-2-one * 13zzzzzv. 32016 R 0139: Commission Implementing Regulation EU 2016/139 of 2 February 2016 renewing the approval of the active substance metsulfuron-methyl * 13zzzzzw. 32016 R 0146: Commission Implementing Regulation EU 2016/146 of 4 February 2016 renewing the approval of the active substance lambda-cyhalothrin * 13zzzzzx. 32016 R 0147: Commission Implementing Regulation EU 2016/147 of 4 February 2016 renewing the approval of the active substance iprovalicarb * 13zzzzyy. 32016 R 0177: Commission Implementing Regulation EU 2016/177 of 10 February 2016 approving the active substance benzovindiflupyr * 13zzzzzz. 32016 R 0182: Commission Implementing Regulation EU 2016/182 of 11 February 2016 renewing the approval of the active substance pyraflufen-ethyl * **Authentic Texts:** The Icelandic and Norwegian language texts of the listed Implementing Regulations are authentic. * **Entry into Force:** The Decision entered into force on 9 July 2016, pending notification under Article 103(1) of the EEA Agreement. * **Publication:** The Decision will be published in the EEA Section and the EEA Supplement to the Official Journal of the European Union. **Impact Analysis:** * **European Economic Area (EEA) Member States:** * *Impact:* Must incorporate the changes to Annex II of the EEA Agreement into their national regulations concerning plant protection products. * *Action Required:* Review and update national laws and administrative practices to align with the incorporated EU regulations regarding active substances in plant protection products. * **Manufacturers and Distributors of Plant Protection Products:** * *Impact:* Must comply with the updated regulations regarding the approval, renewal, or non-approval of the specified active substances (3-decen-2-one, metsulfuron-methyl, lambda-cyhalothrin, iprovalicarb, benzovindiflupyr, and pyraflufen-ethyl). * *Action Required:* Ensure that plant protection products comply with the new regulations and adjust product formulations, labeling, and marketing strategies accordingly. * **National Authorities Responsible for Plant Protection Products:** * *Impact:* Responsible for enforcing the updated regulations within their respective jurisdictions. * *Action Required:* Update evaluation processes, monitor compliance, and take appropriate measures against non-compliant products.

Key Entities Referenced

EEA Joint Committee: The governing body responsible for decisions related to the Agreement on the European Economic Area (EEA). EEA Agreement: Agreement on the European Economic Area Annex II: Annex II Technical regulations, standards, testing and certification to the EEA Agreement 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 of the European Union, amended by several regulations mentioned in the text, concerning the placing of plant protection products on the market. Commission Implementing Regulation EU No 686/2012: A Commission Implementing Regulation of the European Union allocating to Member States the evaluation of active substances. Brussels: City in Belgium, where the decision was made. European Parliament: One of the legislative bodies of the European Union.
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L 73/22 EN Official Journal of the European Union 15.3.2018 DECISION OF THE EEA JOINT COMMITTEE No 149/2016 of 8 July 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2018/371] 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) 2016/138 of 2 February 2016 concerning the non-approval of the active substance 3-decen-2-one, 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 (1) is to be incorporated into the EEA Agreement. (2) Commission Implementing Regulation (EU) 2016/139 of 2 February 2016 renewing the approval of the active substance metsulfuron-methyl, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (2) is to be incorporated into the EEA Agreement. (3) Commission Implementing Regulation (EU) 2016/146 of 4 February 2016 renewing the approval of the active substance lambda-cyhalothrin, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (3) is to be incorporated into the EEA Agreement. (4) Commission Implementing Regulation (EU) 2016/147 of 4 February 2016 renewing the approval of the active substance iprovalicarb 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 Implementing Regulation (EU) No 540/2011 (4) is to be incorporated into the EEA Agreement. (5) Commission Implementing Regulation (EU) 2016/177 of 10 February 2016 approving the active substance benzovindiflupyr, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (5) is to be incorporated into the EEA Agreement. (6) Commission Implementing Regulation (EU) 2016/182 of 11 February 2016 renewing the approval of the active substance pyraflufen-ethyl 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 (6) is to be incorporated into the EEA Agreement. (7) Commission Implementing Regulation (EU) 2016/183 of 11 February 2016 amending Implementing Regulation (EU) No 686/2012 allocating to Member States, for the purposes of the renewal procedure, the evaluation of the active substances whose approval expires by 31 December 2018 at the latest (7) is to be incorporated into the EEA Agreement. (8) Annex II to the EEA Agreement should therefore be amended accordingly, (1) OJ L 27, 3.2.2016, p. 5. (2) OJ L 27, 3.2.2016, p. 7. (3) OJ L 30, 5.2.2016, p. 7. (4) OJ L 30, 5.2.2016, p. 12. (5) OJ L 35, 11.2.2016, p. 1. (6) OJ L 37, 12.2.2016, p. 40. (7) OJ L 37, 12.2.2016, p. 44.15.3.2018 EN Official Journal of the European Union L 73/23 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): ‘— 32016 R 0138: Commission Implementing Regulation (EU) 2016/138 of 2 February 2016 (OJ L 27, 3.2.2016, p. 5), — 32016 R 0139: Commission Implementing Regulation (EU) 2016/139 of 2 February 2016 (OJ L 27, 3.2.2016, p. 7), — 32016 R 0146: Commission Implementing Regulation (EU) 2016/146 of 4 February 2016 (OJ L 30, 5.2.2016, p. 7), — 32016 R 0147: Commission Implementing Regulation (EU) 2016/147 of 4 February 2016 (OJ L 30, 5.2.2016, p. 12), — 32016 R 0177: Commission Implementing Regulation (EU) 2016/177 of 10 February 2016 (OJ L 35, 11.2.2016, p. 1), — 32016 R 0182: Commission Implementing Regulation (EU) 2016/182 of 11 February 2016 (OJ L 37, 12.2.2016, p. 40).’ (2) The following indent is added in point 13zzze (Commission Implementing Regulation (EU) No 686/2012): ‘— 32016 R 0183: Commission Implementing Regulation (EU) 2016/183 of 11 February 2016 (OJ L 37, 12.2.2016, p. 44).’ (3) The following points are inserted after point 13zzzzzt (Commission Implementing Regulation (EU) 2015/2198): ‘13zzzzzu. 32016 R 0138: Commission Implementing Regulation (EU) 2016/138 of 2 February 2016 concerning the non-approval of the active substance 3-decen-2-one, 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 (OJ L 27, 3.2.2016, p. 5). 13zzzzzq13zzzzzv. 32016 R 0139: Commission Implementing Regulation (EU) 2016/139 of 2 February 2016 renewing the approval of the active substance metsulfuron-methyl, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (OJ L 27, 3.2.2016, p. 7). 13zzzzzr13zzzzzw. 32016 R 0146: Commission Implementing Regulation (EU) 2016/146 of 4 February 2016 renewing the approval of the active substance lambda-cyhalothrin, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (OJ L 30, 5.2.2016, p. 7). 13zzzzzs13zzzzzx. 32016 R 0147: Commission Implementing Regulation (EU) 2016/147 of 4 February 2016 renewing the approval of the active substance iprovalicarb 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 Implementing Regulation (EU) No 540/2011 (OJ L 30, 5.2.2016, p. 12). 13zzzzzt13zzzzzy. 32016 R 0177: Commission Implementing Regulation (EU) 2016/177 of 10 February 2016 approving the active substance benzovindiflupyr, as a candidate for substitution, 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 Implementing Regulation (EU) No 540/2011 (OJ L 35, 11.2.2016, p. 1).L 73/24 EN Official Journal of the European Union 15.3.2018 13zzzzzu13zzzzzz. 32016 R 0182: Commission Implementing Regulation (EU) 2016/182 of 11 February 2016 renewing the approval of the active substance pyraflufen-ethyl 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 37, 12.2.2016, p. 40).’ Article 2 The texts of Implementing Regulations (EU) 2016/138, (EU) 2016/139, (EU) 2016/146, (EU) 2016/147, (EU) 2016/177, (EU) 2016/182 and (EU) 2016/183 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 9 July 2016, 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, 8 July 2016. For the EEA Joint Committee The President Bergdís ELLERTSDÓTTIR (*) No constitutional requirements indicated.

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