Date: 2023-01-05Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 229/2019 of 27 September 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/34]
Executive Summary:
This document is a decision by the EEA Joint Committee to amend Annex II to the EEA Agreement, specifically incorporating several Commission Implementing Regulations related to plant protection products. These regulations address the approval, non-approval, and renewal of various active substances. The decision entered into force on 28 September 2019, pending notification under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
Incorporation of Commission Implementing Regulations:
* The following Commission Implementing Regulations are incorporated into the EEA Agreement:
* EU 2019/139: Approving Beauveria bassiana strain IMI389521.
* EU 2019/147: Approving Beauveria bassiana strain PPRI 5339.
* EU 2019/148: Concerning the non-approval of propanil.
* EU 2019/149: Amending Implementing Regulations EU 2015/1108 and EU No 540/2011 regarding vinegar as a basic substance.
* EU 2019/150: Amending Implementing Regulation EU No 686/2012 regarding the rapporteur Member State for the evaluation of specific active substances.
* EU 2019/151: Renewing the approval of Clonostachys rosea strain J1446 as a low-risk active substance.
* EU 2019/158: Renewing the approval of methoxyfenozide as a candidate for substitution.
* EU 2019/168: Amending Implementing Regulation EU No 540/2011 regarding the extension of approval periods for various active substances.
Amendment of Annex II:
* Chapter XV of Annex II to the EEA Agreement is amended to include the above regulations in points 13a, 13zzze, 13zzzzzb and after point 13zzzzzzzzzo.
Authentic Texts:
* The Icelandic and Norwegian language texts of the Implementing Regulations are authentic and will be published in the EEA Supplement to the Official Journal of the European Union.
Entry into Force:
* The Decision entered into force on 28 September 2019, contingent upon all notifications under Article 103(1) of the EEA Agreement being made.
Publication:
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Impact Analysis:
EEA Member States:
* Impact: EEA Member States are required to incorporate the listed EU regulations regarding plant protection products into their national laws.
* Action Required: Update national regulations to reflect the changes introduced by the incorporated EU regulations.
Manufacturers/Distributors of Plant Protection Products:
* Impact: The approval, non-approval, or renewal of active substances directly affects the products that can be placed on the market within the EEA.
* Action Required: Adjust product portfolios and marketing strategies to comply with the updated regulations, including reformulating products, updating labels, or discontinuing products containing non-approved substances.
European Commission:
* Impact: The Commission's Implementing Regulations are now part of the EEA Agreement, ensuring consistent application across the European Economic Area.
* Action Required: Monitor the implementation of these regulations by EEA member states and provide guidance as needed.
Key Entities Referenced
EEA Joint Committee: The entity responsible for adopting the decision to amend Annex II of the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, which is being amended by the decision.
Annex II to the EEA Agreement: Technical regulations, standards, testing and certification to the EEA Agreement, which is being amended by the decision.
Commission Implementing Regulation EU No 540/2011: A European Union regulation concerning the placing of plant protection products on the market, which is frequently amended by the regulations mentioned in the document.
Regulation EC No 1107/2009: Regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market.
Brussels: The city where the EEA Joint Committee decision was made.
Commission Implementing Regulation EU 2019/168: A European Union regulation amending Implementing Regulation EU No 540/2011 as regards the extension of the approval periods of various active substances.
Gunnar PLSSON: The President of the EEA Joint Committee.
L 4/46 EN Official Journal of the European Union 5.1.2023
DECISION OF THE EEA JOINT COMMITTEE No 229/2019
of 27 September 2019
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/34]
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) 2019/139 of 29 January 2019approving the active substance Beauveria
bassiana strain IMI389521, 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(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2019/147 of 30 January 2019approving the active substance Beauveria
bassiana strain PPRI 5339, 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(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2019/148 of 30 January 2019 concerning the non-approval of the
active substance propanil, 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(3) is to be incorporated into the
EEA Agreement.
(4) Commission Implementing Regulation (EU) 2019/149 of 30 January 2019 amending Implementing Regulations
(EU) 2015/1108 and (EU) No 540/2011 as regards the conditions of use of vinegar as a basic substance(4)is to be
incorporated into the EEA Agreement.
(5) Commission Implementing Regulation (EU) 2019/150 of 30 January 2019amending Implementing Regulation (EU)
No 686/2012 as regards the rapporteur Member State for the evaluation of the following active substances
contained in plant protection products: deltamethrin, diflufenican, epoxiconazole, fluoxastrobin, prothioconazole
and tebuconazole(5)is to be incorporated into the EEA Agreement.
(6) Commission Implementing Regulation (EU) 2019/151 of 30 January 2019 renewing the approval of the active
substance Clonostachys rosea strain J1446 as a low-risk active 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(6) is to be
incorporated into the EEA Agreement.
(7) Commission Implementing Regulation (EU) 2019/158 of 31 January 2019 renewing the approval of the active
substance methoxyfenozide, 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 Commission Implementing Regulation (EU) No 540/2011(7)is to be incorporated into the
EEA Agreement.
(1) OJ L 26, 30.1.2019, p. 4.
(2) OJ L 27, 31.1.2019, p. 14.
(3) OJ L 27, 31.1.2019, p. 18.
(4) OJ L 27, 31.1.2019, p. 20.
(5) OJ L 27, 31.1.2019, p. 23.
(6) OJ L 27, 31.1.2019, p. 26.
(7) OJ L 31, 1.2.2019, p. 21.5.1.2023 EN Official Journal of the European Union L 4/47
(8) Commission Implementing Regulation (EU) 2019/168 of 31 January 2019amending Implementing Regulation (EU)
No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis
(Cohn 1872) Strain QST 713, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus
thuringiensis subsp. kurstaki, Beauveria bassiana, benfluralin, clodinafop, clopyralid, Cydia pomonella Granulovirus
(CpGV), cyprodinil, dichlorprop-P, epoxiconazole, fenpyroximate, fluazinam, flutolanil, fosetyl, Lecanicillium
muscarium, mepanipyrim, mepiquat, Metarhizium anisopliae var. Anisopliae, metconazole, metrafenone, Phlebiopsis
gigantea, pirimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, Pythium oligandrum, rimsulfuron,
spinosad, Streptomyces K61, thiacloprid, tolclofos-methyl, Trichoderma asperellum, Trichoderma atroviride, Trichoderma
gamsii, Trichoderma harzianum, triclopyr, trinexapac, triticonazole, Verticillium albo-atrum and ziram(8) is to be
incorporated into the EEA Agreement.
(9) 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):
‘— 32019 R 0139: Commission Implementing Regulation (EU) 2019/139 of 29 January 2019(OJ L 26, 30.1.2019,
p. 4),
— 32019 R 0147: Commission Implementing Regulation (EU) 2019/147 of 30 January 2019(OJ L 27, 31.1.2019,
p. 14),
— 32019 R 0149: Commission Implementing Regulation (EU) 2019/149 of 30 January 2019(OJ L 27, 31.1.2019,
p. 20),
— 32019 R 0151: Commission Implementing Regulation (EU) 2019/151 of 30 January 2019(OJ L 27, 31.1.2019,
p. 26),
— 32019 R 0158: Commission Implementing Regulation (EU) 2019/158 of 31 January 2019(OJ L 31, 1.2.2019,
p. 21),
— 32019 R 0168: Commission Implementing Regulation (EU) 2019/168 of 31 January 2019(OJ L 33, 5.2.2019,
p. 1).’
2. The following indent is added in point 13zzze (Commission Implementing Regulation (EU) No 686/2012):
‘— 32019 R 0150: Commission Implementing Regulation (EU) 2019/150 of 30 January 2019(OJ L 27, 31.1.2019,
p. 23).’
3. The following is added in point 13zzzzzb (Commission Implementing Regulation (EU) 2015/1108):
‘, as amended by:
— 32019 R 0149: Commission Implementing Regulation (EU) 2019/149 of 30 January 2019(OJ L 27, 31.1.2019,
p. 20).’
(8) OJ L 33, 5.2.2019, p. 1.L 4/48 EN Official Journal of the European Union 5.1.2023
4. The following points are added after point 13zzzzzzzzzo (Commission Implementing Regulation (EU) 2018/1981):
‘13zzzzzzzzzp. 32019 R 0139: Commission Implementing Regulation (EU) 2019/139 of 29 January 2019approving
the active substance Beauveria bassiana strain IMI389521, 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 26, 30.1.2019, p. 4).
13zzzzzzzzzq. 32019 R 0147: Commission Implementing Regulation (EU) 2019/147 of 30 January 2019approving
the active substance Beauveria bassiana strain PPRI 5339, 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 27, 31.1.2019, p. 14).
13zzzzzzzzzr. 32019 R 0148: Commission Implementing Regulation (EU) 2019/148 of 30 January 2019
concerning the non-approval of the active substance propanil, 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, 31.1.2019, p. 18).
13zzzzzzzzzs. 32019 R 0151: Commission Implementing Regulation (EU) 2019/151 of 30 January 2019renewing
the approval of the active substance Clonostachys rosea strain J1446 as a low-risk active 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 27, 31.1.2019, p. 26).
13zzzzzzzzzt. 32019 R 0158: Commission Implementing Regulation (EU) 2019/158 of 31 January 2019renewing
the approval of the active substance methoxyfenozide, 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 Commission
Implementing Regulation (EU) No 540/2011 (OJ L 31, 1.2.2019, p. 21).’
Article 2
The texts of Implementing Regulations (EU) 2019/139, (EU) 2019/147, (EU) 2019/148, (EU) 2019/149, (EU) 2019/150,
(EU) 2019/151, (EU) 2019/158 and (EU) 2019/168 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 28 September 2019, 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.
(*) No constitutional requirements indicated.5.1.2023 EN Official Journal of the European Union L 4/49
Done at Brussels, 27 September 2019.
For the EEA Joint Committee
The President
Gunnar PÁLSSON