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Date: 21-Mar-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 178/2023 of 5 July 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/798]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The Decision of the EEA Joint Committee No 178/2023 amends Annex II to the EEA Agreement to incorporate Commission Delegated Regulation (EU) 2023/196. This regulation updates the list of scheduled substances related to drug precursors.

Key Changes

  • Commission Delegated Regulation (EU) 2023/196 of 25 November 2022 is incorporated into the EEA Agreement.
  • This regulation amends Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005.
  • The amendment concerns the inclusion of certain drug precursors in the list of scheduled substances.
  • The Decision entered into force on 6 July 2023, following notifications under Article 103(1) of the EEA Agreement.

Impact Analysis

Manufacturers and Distributors of Chemical Substances

  • Action Items: Review current product portfolios to identify substances now classified as scheduled drug precursors. Update compliance procedures to meet the requirements of Regulation (EU) 2023/196, Regulation (EC) No 273/2004 and Council Regulation (EC) No 111/2005. Implement enhanced monitoring and reporting mechanisms.

National Authorities

  • Action Items: Update national legislation to reflect the changes introduced by Commission Delegated Regulation (EU) 2023/196. Enhance monitoring and enforcement activities to ensure compliance by relevant businesses. Provide guidance and training to businesses affected by the new regulations.

Businesses importing/exporting scheduled substances

  • Action Items: Review and update import/export procedures to comply with the new regulations. Ensure proper documentation and reporting of all transactions involving scheduled substances. Implement due diligence procedures to prevent diversion of scheduled substances for illicit purposes.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. Commission Delegated Regulation (EU) 2023/196: Regulation amending Regulation (EC) No 273/2004 and Council Regulation (EC) No 111/2005 regarding the inclusion of certain drug precursors in the list of scheduled substances. Regulation (EC) No 273/2004: Regulation of the European Parliament and of the Council on drug precursors. Council Regulation (EC) No 111/2005: Council Regulation laying down rules for the monitoring of trade between the Community and third countries in drug precursors. EEA Agreement: Agreement on the European Economic Area.
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Official Journal EN of the European Union L series 2024/798 21.3.2024 DECISION OF THE EEA JOINT COMMITTEE No 178/2023 of 5 July 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/798] 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) 2023/196 of 25 November 2022amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances(1)is to be incorporated into the EEA Agreement. (2) Annex II to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 The following indent is added in point 15x (Regulation (EC) No 273/2004 of the European Parliament and of the Council) of Chapter XIII of Annex II to the EEA Agreement: ‘— 32023 R 0196: Commission Delegated Regulation (EU) 2023/196 of 25 November 2022(OJ L 27, 31.1.2023, p. 1).’ Article 2 The text of Delegated Regulation (EU) 2023/196 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 6 July 2023, 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, 5 July 2023. For the EEA Joint Committee The President Pascal SCHAFHAUSER (1) OJ L 27, 31.1.2023, p. 1. * No constitutional requirements indicated. ELI: http://data.europa.eu/eli/dec/2024/798/oj 1/1

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