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Date: 2023-06-29 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 312/2022 of 9 December 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1254]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: EEA Joint Committee Decision No. 312/2022 amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations (EU) concerning the approval, renewal, and non-renewal of active substances used in plant protection products. The decision entered into force on December 10, 2022, following notifications under Article 103(1) of the EEA Agreement. The decision also mandates publication in the EEA Section and Supplement to the Official Journal of the European Union. Key Points / Main Content: Amendment to Annex II of the EEA Agreement: * Chapter XV of Annex II to the EEA Agreement is amended. Incorporation of Commission Implementing Regulations: * Commission Implementing Regulation (EU) 2021/2049 regarding cypermethrin approval renewal is incorporated. * Commission Implementing Regulation (EU) 2021/2068 regarding the extension of approval periods for benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl, and pyraclostrobin is incorporated. * Commission Implementing Regulation (EU) 2021/2081 regarding the non-renewal of approval for indoxacarb is incorporated. * Commission Implementing Regulation (EU) 2022/4 regarding Purpureocillium lilacinum strain PL11 approval as a low-risk substance is incorporated. * Commission Implementing Regulation (EU) 2022/19 regarding Purpureocillium lilacinum strain 251 approval renewal is incorporated. * Commission Implementing Regulation (EU) 2022/43 regarding flumioxazin approval renewal is incorporated. * Commission Implementing Regulation (EU) 2022/159 regarding Bacillus amyloliquefaciens strain IT45 approval as a low-risk substance is incorporated. Language Authenticity: * The Icelandic and Norwegian language texts of the specified Implementing Regulations are deemed authentic. Entry into Force: * The Decision entered into force on December 10, 2022, pending notification completion as per Article 103(1) of the EEA Agreement. Publication: * The Decision is to be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union. Impact Analysis: European Economic Area (EEA) Member States: Impact: EEA member states are required to integrate the listed Commission Implementing Regulations into their national regulations concerning plant protection products. Action Required: Update national laws and regulations to reflect the changes introduced by the incorporated Commission Implementing Regulations. Plant Protection Product Manufacturers and Suppliers: Impact: Manufacturers and suppliers of plant protection products within the EEA are affected by the approval, renewal, or non-renewal of the specified active substances. Action Required: Adjust product formulations, marketing, and sales strategies to comply with the updated regulations regarding cypermethrin, benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl, pyraclostrobin, indoxacarb, Purpureocillium lilacinum strains PL11 and 251, flumioxazin and Bacillus amyloliquefaciens strain IT45. Agricultural Sector (Farmers and Growers): Impact: Farmers and growers within the EEA using plant protection products will need to adapt their practices based on the updated regulations. Action Required: Modify crop protection strategies to align with the approved, renewed, or non-renewed status of the listed active substances. This may involve selecting alternative products or adjusting application methods.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending Annex II of the EEA Agreement. EEA Agreement: Agreement on the European Economic Area. 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: Commission Implementing Regulation related to plant protection products. Commission Implementing Regulation EU 2021/2049: Commission Implementing Regulation renewing the approval of cypermethrin. Commission Implementing Regulation EU 2021/2068: Commission Implementing Regulation amending Implementing Regulation EU No 540/2011 as regards the extension of the approval periods of certain active substances. Commission Implementing Regulation EU 2021/2081: Commission Implementing Regulation concerning the non-renewal of approval of the active substance indoxacarb. Brussels: Location where the EEA Joint Committee decision was made.
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29.6.2023 EN Official Journal of the European Union L 164/39 DECISION OF THE EEA JOINT COMMITTEE No 312/2022 of 9 December 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1254] 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) 2021/2049 of 24 November 2021renewing the approval of the active substance cypermethrin 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(1)is to be incorporated into the EEA Agreement. (2) Commission Implementing Regulation (EU) 2021/2068 of 25 November 2021amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin(2) is to be incorporated into the EEA Agreement. (3) Commission Implementing Regulation (EU) 2021/2081 of 26 November 2021 concerning the non-renewal of approval of the active substance indoxacarb, 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 Commission Implementing Regulation (EU) No 540/2011(3)is to be incorporated into the EEA Agreement. (4) Commission Implementing Regulation (EU) 2022/4 of 4 January 2022 approving the active substance Purpureocillium lilacinum strain PL11 as a low-risk 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 Commission Implementing Regulation (EU) No 540/2011(4) is to be incorporated into the EEA Agreement. (5) Commission Implementing Regulation (EU) 2022/19 of 7 January 2022 renewing the approval of the active substance Purpureocillium lilacinum strain 251 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(5) is to be incorporated into the EEA Agreement. (6) Commission Implementing Regulation (EU) 2022/43 of 13 January 2022 renewing the approval of the active substance flumioxazin 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 Annexes to Commission Implementing Regulation (EU) No 540/2011 and to Implementing Regulation (EU) 2015/408(6)is to be incorporated into the EEA Agreement. (1) OJ L 420, 25.11.2021, p. 6. (2) OJ L 421, 26.11.2021, p. 25. (3) OJ L 426, 29.11.2021, p. 28. (4) OJ L 1, 5.1.2022, p. 5. (5) OJ L 5, 10.1.2022, p. 9. (6) OJ L 9, 14.1.2022, p. 7.L 164/40 EN Official Journal of the European Union 29.6.2023 (7) Commission Implementing Regulation (EU) 2022/159 of 4 February 2022approving the low-risk active substance Bacillus amyloliquefaciens strain IT-45 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 Commission Implementing Regulation (EU) No 540/2011(7)is to be incorporated into the EEA Agreement. (8) 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): ‘– 32021 R 2049: Commission Implementing Regulation (EU) 2021/2049 of 24 November 2021 (OJ L 420, 25.11.2021, p. 6), – 32021 R 2068: Commission Implementing Regulation (EU) 2021/2068 of 25 November 2021 (OJ L 421, 26.11.2021, p. 25), – 32021 R 2081: Commission Implementing Regulation (EU) 2021/2081 of 26 November 2021 (OJ L 426, 29.11.2021, p. 28), – 32022 R 0004: Commission Implementing Regulation (EU) 2022/4 of 4 January 2022(OJ L 1, 5.1.2022, p. 5), – 32022 R 0019: Commission Implementing Regulation (EU) 2022/19 of 7 January 2022(OJ L 5, 10.1.2022, p. 9), – 32022 R 0043: Commission Implementing Regulation (EU) 2022/43 of 13 January 2022(OJ L 9, 14.1.2022, p. 7), – 32022 R 0159: Commission Implementing Regulation (EU) 2022/159 of 4 February 2022 (OJ L 26, 7.2.2022, p. 7).’ 2. The following indent is added in point 13zzzzt (Commission Implementing Regulation (EU) 2015/408): ‘- 32022 R 0043: Commission Implementing Regulation (EU) 2022/43 of 13 January 2022(OJ L 9, 14.1.2022, p. 7).’ 3. The following points are inserted after point 13zzzzzzzzzzzzf (Commission Implementing Regulation (EU) 2021/1451): ‘13zzzzzzzzzzzzg. 32021 R 2049: Commission Implementing Regulation (EU) 2021/2049 of 24 November 2021 renewing the approval of the active substance cypermethrin 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 420, 25.11.2021, p. 6). 13zzzzzzzzzzzzh. 32021 R 2081: Commission Implementing Regulation (EU) 2021/2081 of 26 November 2021 concerning the non-renewal of approval of the active substance indoxacarb, 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 Commission Implementing Regulation (EU) No 540/2011 (OJ L 426, 29.11.2021, p. 28). 13zzzzzzzzzzzzi. 32022 R 0004: Commission Implementing Regulation (EU) 2022/4 of 4 January 2022approving the active substance Purpureocillium lilacinum strain PL11 as a low-risk 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 Commission Implementing Regulation (EU) No 540/2011 (OJ L 1, 5.1.2022, p. 5). (7) OJ L 26, 7.2.2022, p. 7.29.6.2023 EN Official Journal of the European Union L 164/41 13zzzzzzzzzzzzj. 32022 R 0019: Commission Implementing Regulation (EU) 2022/19 of 7 January 2022renewing the approval of the active substance Purpureocillium lilacinum strain 251 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 5, 10.1.2022, p. 9). 13zzzzzzzzzzzzk. 32022 R 0043: Commission Implementing Regulation (EU) 2022/43 of 13 January 2022 renewing the approval of the active substance flumioxazin 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 Annexes to Commission Implementing Regulation (EU) No 540/2011 and to Implementing Regulation (EU) 2015/408 (OJ L 9, 14.1.2022, p. 7). 13zzzzzzzzzzzzl. 32022 R 0159: Commission Implementing Regulation (EU) 2022/159 of 4 February 2022 approving the low-risk active substance Bacillus amyloliquefaciens strain IT-45 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 Commission Implementing Regulation (EU) No 540/2011 (OJ L 26, 7.2.2022, p. 7).’ Article 2 The texts of Implementing Regulations (EU) 2021/2049, (EU) 2021/2068, (EU) 2021/2081, (EU) 2022/4, (EU) 2022/19, (EU) 2022/43 and (EU) 2022/159 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 10 December 2022, 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, 9 December 2022. For the EEA Joint Committee The President Kristján Andri STEFÁNSSON * No constitutional requirements indicated.

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