Date: 2023-03-23Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 204/2022 of 8 July 2022 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/621]
Executive Summary:
EEA Joint Committee Decision No. 204/2022, adopted on July 8, 2022, amends Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement. The decision incorporates Regulations (EU) 2021/1756, 2021/2244, and 2021/2141 into the EEA Agreement. It entered into force on July 9, 2022, pending notifications under Article 103(1).
Key Points / Main Content:
Amendments to Annex I of the EEA Agreement:
* Regulation (EU) 2021/1756 is added to points 11b and 31q concerning Regulation (EU) 2017/625.
* Adaptation text is added to points 11b and 31q, making Article 14c applicable to EFTA States from the entry into force of Decision No 371/2021.
* Commission Implementing Regulation (EU) 2021/2141 is added as an amendment to points 11br and 31qr concerning Commission Implementing Regulation (EU) 2019/2129.
* Commission Delegated Regulation (EU) 2021/2244 is inserted after points 11d and 31s.
Amendments to Annex II of the EEA Agreement:
* Regulation (EU) 2021/1756 is added to point 164 concerning Regulation (EU) 2017/625.
* Adaptation text is added to point 164, making Article 14c applicable to EFTA States from the entry into force of Decision No 371/2021.
* Commission Implementing Regulation (EU) 2021/2141 is added as an amendment to point 164r concerning Commission Implementing Regulation (EU) 2019/2129.
* Commission Delegated Regulation (EU) 2021/2244 is inserted after point 164z.
Other Provisions:
* The Decision does not apply to Liechtenstein under certain conditions related to the Agreement between the EC and Switzerland on trade in agricultural products.
* The Icelandic and Norwegian language versions of Regulations (EU) 2021/1756, 2021/2244, and 2021/2141 are authentic.
* The Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Impact Analysis:
EFTA States:
* Impact: Article 14c of Regulation (EU) 2017/625 now applies to EFTA States.
* Action Required: Implement Article 14c of Regulation (EU) 2017/625 from the date of entry into force of Decision No 371/2021.
Liechtenstein:
* Impact: This Decision does not apply to Liechtenstein if the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.
* Action Required: Monitor the application of the Agreement between the EC and Switzerland.
Iceland and Norway:
* Impact: The Icelandic and Norwegian language versions of the Regulations are legally binding.
* Action Required: Refer to the Icelandic and Norwegian language versions of Regulations (EU) 2021/1756, 2021/2244, and 2021/2141 for legal interpretation.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Regulation EU 2021/1756: Regulation of the European Parliament and of the Council amending Regulation EU 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union.
Regulation EU 2017/625: 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.
Commission Delegated Regulation EU 2021/2244: Commission Delegated Regulation supplementing Regulation EU 2017/625 with specific rules on official controls as regards sampling procedures for pesticides residues in food and feed.
Commission Implementing Regulation EU 2021/2141: Commission Implementing Regulation amending Implementing Regulation EU 2019/2129 as regards the frequency rates of physical checks on certain composite products entering the Union.
Commission Implementing Regulation EU 2019/2129: Commission Implementing Regulation laying down rules for the uniform application of frequency rates for physical checks on composite products.
Liechtenstein: A European country to which specific provisions of the decision do not apply under certain conditions due to its agreement with the Swiss Confederation on trade in agricultural products.
23.3.2023 EN Official Journal of the European Union L 85/7
DECISION OF THE EEA JOINT COMMITTEE No 204/2022
of 8 July 2022
amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations,
standards, testing and certification) to the EEA Agreement [2023/621]
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) Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021amending Regulation
(EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries
to the Union in order to ensure compliance with the prohibition of certain uses of antimicrobials and Regulation
(EC) No 853/2004 as regards the direct supply of meat from poultry and lagomorphs(1)is to be incorporated into
the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/2244 of 7 October 2021supplementing Regulation (EU) 2017/625 of
the European Parliament and of the Council with specific rules on official controls as regards sampling procedures
for pesticides residues in food and feed(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2021/2141 of 3 December 2021amending Implementing Regulation
(EU) 2019/2129 as regards the frequency rates of physical checks on certain composite products entering the
Union(3)is to be incorporated into the EEA Agreement.
(4) 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.
(5) 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 indent is added in points 11b (Regulation (EU) 2017/625 of the European Parliament and of the Council)
in Part 1.1 of Chapter I and 31q (Regulation (EU) 2017/625 of the European Parliament and of the Council) of Chapter
II:
‘– 32021 R 1756: Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021
(OJ L 357, 8.10.2021, p. 27).’
2. The following is added to the adaptation text in points 11b (Regulation (EU) 2017/625 of the European Parliament and
of the Council) in Part 1.1 of Chapter I and 31q (Regulation (EU) 2017/625 of the European Parliament and of the
Council) of Chapter II:
‘(i) As regards the EFTA States, Article 1(4)(c) shall apply from the date of entry into force of Decision of the EEA Joint
Committee No 371/2021 of 10 December 2021.’
(1) OJ L 357, 8.10.2021, p. 27.
(2) OJ L 453, 17.12.2021, p. 1.
(3) OJ L 433, 6.12.2021, p. 5.L 85/8 EN Official Journal of the European Union 23.3.2023
3. The following is added in points 11br (Commission Implementing Regulation (EU) 2019/2129) in Part 1.1 of Chapter I
and 31qr (Commission Implementing Regulation (EU) 2019/2129) of Chapter II:
‘, as amended by:
— 32021 R 2141: Commission Implementing Regulation (EU) 2021/2141 of 3 December 2021 (OJ L 433,
6.12.2021, p. 5).’
4. The following point is inserted after point 11d (Commission Delegated Regulation (EU) 2021/2305) in Part 1.1 of
Chapter I:
‘11e. 32021 R 2244: Commission Delegated Regulation (EU) 2021/2244 of 7 October 2021 supplementing
Regulation (EU) 2017/625 of the European Parliament and of the Council with specific rules on official controls
as regards sampling procedures for pesticides residues in food and feed (OJ L 453, 17.12.2021, p. 1).’
5. The following point is inserted after point 31s (Commission Delegated Regulation (EU) 2021/2305) in Chapter II:
‘31t. 32021 R 2244: Commission Delegated Regulation (EU) 2021/2244 of 7 October 2021 supplementing
Regulation (EU) 2017/625 of the European Parliament and of the Council with specific rules on official controls
as regards sampling procedures for pesticides residues in food and feed (OJ L 453, 17.12.2021, p. 1).’
Article 2
Chapter XII of Annex II to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 164 (Regulation (EU) 2017/625 of the European Parliament and of the Council):
‘– 32021 R 1756: Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021
(OJ L 357, 8.10.2021, p. 27).’
2. The following is added to the adaptation text in point 164 (Regulation (EU) 2017/625 of the European Parliament and
of the Council):
‘(i) As regards the EFTA States, Article 1(4)(c) shall apply from the date of entry into force of Decision of the EEA Joint
Committee No 371/2021 of 10 December 2021.’
3. The following is added in point 164r (Commission Implementing Regulation (EU) 2019/2129):
‘, as amended by:
— 32021 R 2141: Commission Implementing Regulation (EU) 2021/2141 of 3 December 2021 (OJ L 433,
6.12.2021, p. 5).’
4. The following point is inserted after point 164z (Commission Delegated Regulation (EU) 2021/1353):
‘164za. 32021 R 2244: Commission Delegated Regulation (EU) 2021/2244 of 7 October 2021 supplementing
Regulation (EU) 2017/625 of the European Parliament and of the Council with specific rules on official
controls as regards sampling procedures for pesticides residues in food and feed (OJ L 453, 17.12.2021, p. 1).’
Article 3
The texts of Regulation (EU) 2021/1756, Delegated Regulation (EU) 2021/2244 and Implementing Regulation
(EU) 2021/2141 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of
the European Union, shall be authentic.23.3.2023 EN Official Journal of the European Union L 85/9
Article 4
This Decision shall enter into force on 9 July 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, 8 July 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
(*) No constitutional requirements indicated.