Date: 2023-06-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 313/2022 of 9 December 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1255]
Executive Summary:
This EEA Joint Committee Decision No. 313/2022 amends Annex II to the EEA Agreement to incorporate Commission Implementing Regulations EU 2022/94 and EU 2022/708, concerning plant protection products. It addresses the non-renewal of approval for the active substance phosmet and the extension of approval periods for several other active substances. The decision entered into force on December 10, 2022, following required notifications.
Key Points / Main Content:
* **Amendment of Annex II:**
* Chapter XV of Annex II to the EEA Agreement is amended.
* Point 13a, regarding Commission Implementing Regulation EU No 540/2011, is updated to include Implementing Regulations EU 2022/94 and EU 2022/708.
* A new point 13zzzzzzzzzzzzm is inserted after point 13zzzzzzzzzzzzl regarding Commission Implementing Regulation EU 2022/94.
* **Incorporation of Regulations:**
* Commission Implementing Regulation EU 2022/94 on the non-renewal of approval for phosmet is incorporated.
* Commission Implementing Regulation EU 2022/708, which extends approval periods for multiple active substances, is incorporated.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Implementing Regulations EU 2022/94 and EU 2022/708 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 December 10, 2022, pending Article 103(1) notifications.
Impact Analysis:
* **EEA Member States:**
* Impact: Must align national regulations with the updated Annex II of the EEA Agreement, specifically regarding the approval and use of plant protection products.
* Action Required: Implement the changes related to the non-renewal of phosmet and the extended approval periods of other substances into their national frameworks.
* **Plant Protection Product Manufacturers and Distributors:**
* Impact: Need to adjust their product offerings and marketing strategies based on the updated list of approved active substances. The decision directly impacts which products they can legally sell and distribute within the EEA.
* Action Required: Ensure compliance with the new regulations, including potentially reformulating products containing phosmet and updating product labels to reflect changes in approved active substances.
* **Agricultural Sector (Farmers):**
* Impact: Farmers will need to adapt their plant protection practices to comply with the revised list of approved active substances, which may affect crop management and pest control strategies.
* Action Required: Familiarize themselves with the updated list of approved active substances and adjust their practices accordingly, potentially seeking alternative solutions for pest control where necessary.
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, which extends the EU's single market to Iceland, Liechtenstein and Norway.
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) 2022/94: Commission Implementing Regulation concerning the non-renewal of the approval of the active substance phosmet.
Commission Implementing Regulation (EU) No 540/2011: Commission Implementing Regulation implementing Regulation (EC) No 1107/2009 as regards the list of approved active substances.
Commission Implementing Regulation (EU) 2022/708: Commission Implementing Regulation amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of certain active substances.
Brussels: The location where the decision was made by the EEA Joint Committee.
Iceland: One of the countries which EEA agreement extends to. The text of the regulations will be published in Icelandic.
L 164/42 EN Official Journal of the European Union 29.6.2023
DECISION OF THE EEA JOINT COMMITTEE No 313/2022
of 9 December 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/1255]
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) 2022/94 of 24 January 2022 concerning the non-renewal of the
approval of the active substance phosmet, 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) 2022/708 of 5 May 2022 amending Implementing Regulation (EU)
No 540/2011 as regards the extension of the approval periods of the active substances 2,5-dichlorobenzoic acid
methylester, acetic acid, aclonifen, aluminium ammonium sulphate, aluminium phosphide, aluminium silicate,
beflubutamid, benthiavalicarb, boscalid, calcium carbide, captan, cymoxanil, dimethomorph, dodemorph,
ethephon, ethylene, extract from tea tree, fat distilation residues, fatty acids C7 to C20, fluoxastrobin,
flurochloridone, folpet, formetanate, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, magnesium
phosphide, metam, metamitron, metazachlor, metribuzin, milbemectin, phenmedipham, pirimiphos-methyl,
plant oils/clove oil, plant oils/rape seed oil, plant oils/spear mint oil, propamocarb, proquinazid, prothioconazole,
pyrethrins, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, S-metolachlor, Straight
Chain Lepidopteran Pheromones, sulcotrione, tebuconazole and urea(2) is to be incorporated into the EEA
Agreement.
(3) 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 to point 13a (Commission Implementing Regulation (EU) No 540/2011):
‘- 32022 R 0094: Commission Implementing Regulation (EU) 2022/94 of 24 January 2022 (OJ L 16, 25.1.2022,
p. 33),
- 32022 R 0708: Commission Implementing Regulation (EU) 2022/708 of 5 May 2022(OJ L 133, 10.5.2022, p. 1).’
2. The following point is inserted after point 13zzzzzzzzzzzzl (Commission Implementing Regulation (EU) 2022/159):
‘13zzzzzzzzzzzzm. 32022 R 0094: Commission Implementing Regulation (EU) 2022/94 of 24 January 2022
concerning the non-renewal of the approval of the active substance phosmet, 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 16, 25.1.2022, p. 33).’
(1) OJ L 16, 25.1.2022, p. 33.
(2) OJ L 133, 10.5.2022, p. 1.29.6.2023 EN Official Journal of the European Union L 164/43
Article 2
The texts of Implementing Regulations (EU) 2022/94 and (EU) 2022/708 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.