Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 34/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1082]
Executive Summary:
This EEA Joint Committee Decision No. 34/2022 amends Annex II to the EEA Agreement to incorporate several Commission Delegated and Implementing Regulations related to organic production. The decision incorporates regulations EU 2020/427, EU 2020/1794, EU 2020/2146, EU 2021/269, EU 2020/464, and EU 2020/2042. It will enter into force on February 5, 2022, or the entry into force of Decision No. 31/2022, whichever is later, pending notifications under Article 103(1). This decision does not apply to Liechtenstein.
Key Points / Main Content:
* **Amendment of Annex II to the EEA Agreement:**
* Chapter XII of Annex II is amended to include the following:
* Commission Delegated Regulation (EU) 2020/427 and its amendment (EU) 2021/269 regarding detailed production rules for organic products.
* Commission Delegated Regulation (EU) 2020/1794 regarding the use of in-conversion and non-organic plant reproductive material.
* Commission Delegated Regulation (EU) 2020/2146 supplementing Regulation (EU) 2018/848 regarding exceptional production rules in organic production.
* Commission Implementing Regulation (EU) 2020/464 regarding documents for retroactive recognition of conversion periods and information provided by Member States, and its amendment (EU) 2020/2042.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of the listed Delegated and 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 enters into force on February 5, 2022, or the date of entry into force of Decision No. 31/2022, whichever is later, provided all notifications under Article 103(1) of the EEA Agreement have been made.
* **Territorial Scope:**
* This Decision does not apply to Liechtenstein.
Impact Analysis:
* **EEA Member States (excluding Liechtenstein):**
* *Impact:* Must incorporate the listed EU regulations on organic production into their national laws and practices.
* *Action Required:* Update national regulations and ensure compliance with the new provisions on organic production, in-conversion materials, and documentation.
* **Organic Producers within the EEA (excluding Liechtenstein):**
* *Impact:* Subject to updated rules and requirements regarding organic production methods, use of plant reproductive material, and documentation for conversion periods.
* *Action Required:* Review and adjust production practices to comply with the incorporated regulations, particularly regarding detailed production rules, use of in-conversion materials, and documentation requirements.
* **European Commission:**
* *Impact:* Responsible for ensuring the correct implementation and application of the incorporated regulations within the EEA (excluding Liechtenstein).
* *Action Required:* Monitor and oversee the implementation of the regulations by EEA member states.
Key Entities Referenced
EEA Joint Committee: The governing body responsible for the management of the Agreement on the European Economic Area (EEA).
Agreement on the European Economic Area (EEA Agreement): An international agreement that enables European Free Trade Association (EFTA) countries to participate in the European Union's (EU) single market without becoming EU members.
Regulation EU 2018/848: A regulation of the European Parliament and of the Council concerning organic production and labeling of organic products.
Commission Delegated Regulation EU 2020/427: A Commission Delegated Regulation amending Annex II to Regulation EU 2018/848 as regards certain detailed production rules for organic products.
Commission Delegated Regulation EU 2020/1794: A Commission Delegated Regulation amending Part I of Annex II to Regulation EU 2018/848 as regards the use of in-conversion and non-organic plant reproductive material.
Commission Delegated Regulation EU 2020/2146: A Commission Delegated Regulation supplementing Regulation EU 2018/848 as regards exceptional production rules in organic production.
Commission Implementing Regulation EU 2020/464: A Commission Implementing Regulation laying down certain rules for the application of Regulation EU 2018/848.
Liechtenstein: A country in Europe to which the legislation regarding foodstuffs shall not apply as long as the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.
30.6.2022 EN Official Journal of the European Union L 175/55
DECISION OF THE EEA JOINT COMMITTEE No 34/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1082]
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) 2020/427 of 13 January 2020 amending Annex II to Regulation (EU)
2018/848 of the European Parliament and of the Council as regards certain detailed production rules for organic
products(1)is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2020/1794 of 16 September 2020 amending Part I of Annex II to
Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the use of in-conversion and
non-organic plant reproductive material(2)is to be incorporated into the EEA Agreement.
(3) Commission Delegated Regulation (EU) 2020/2146 of 24 September 2020 supplementing Regulation (EU)
2018/848 of the European Parliament and of the Council as regards exceptional production rules in organic
production(3)is to be incorporated into the EEA Agreement.
(4) Commission Delegated Regulation (EU) 2021/269 of 4 December 2020 amending Delegated Regulation (EU)
2020/427 as regards the date of application of the amendments to certain detailed production rules for organic
products in Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council(4) is to be
incorporated into the EEA Agreement.
(5) Commission Implementing Regulation (EU) 2020/464 of 26 March 2020 laying down certain rules for the
application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the documents
needed for the retroactive recognition of periods for the purpose of conversion, the production of organic products
and information to be provided by Member States(5)is to be incorporated into the EEA Agreement.
(6) Commission Implementing Regulation (EU) 2020/2042 of 11 December 2020amending Implementing Regulation
(EU) 2020/464 as regards its date of application and certain other dates that are relevant for the application of
Regulation (EU) 2018/848 of the European Parliament and of the Council on organic production(6) is to be
incorporated into the EEA Agreement.
(7) This Decision concerns legislation regarding foodstuffs. Legislation regarding 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 introduction to
Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.
(8) Annex II to the EEA Agreement should therefore be amended accordingly,
(1) OJ L 87, 23.3.2020, p. 1.
(2) OJ L 402, 1.12.2020, p. 23.
(3) OJ L 428, 18.12.2020, p. 5.
(4) OJ L 60, 22.2.2021, p. 24.
(5) OJ L 98, 31.3.2020, p. 2.
(6) OJ L 420, 14.12.2020, p. 9.L 175/56 EN Official Journal of the European Union 30.6.2022
HAS ADOPTED THIS DECISION:
Article 1
Chapter XII of Annex II to the EEA Agreement shall be amended as follows:
(1) the following indents are added in point 54b (Regulation (EU) 2018/848 of the European Parliament and of the
Council):
‘— 32020 R 0427: Commission Delegated Regulation (EU) 2020/427 of 13 January 2020 (OJ L 87, 23.3.2020,
p. 1), as amended by:
— 32021 R 0269: Commission Delegated Regulation (EU) 2021/269 of 4 December 2020 (OJ L 60,
22.2.2021, p. 24).
— 32020 R 1794: Commission Delegated Regulation (EU) 2020/1794 of 16 September 2020 (OJ L 402,
1.12.2020, p. 23).’;
(2) the following points are inserted after point 54bc (Commission Implementing Regulation (EU) 2020/977):
‘54bd. 32020 R 2146: Commission Delegated Regulation (EU) 2020/2146 of 24 September 2020 supplementing
Regulation (EU) 2018/848 of the European Parliament and of the Council as regards exceptional production
rules in organic production (OJ L 428, 18.12.2020, p. 5).
54be. 32020 R 0464: Commission Implementing Regulation (EU) 2020/464 of 26 March 2020laying down certain
rules for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards
the documents needed for the retroactive recognition of periods for the purpose of conversion, the production
of organic products and information to be provided by Member States (OJ L 98, 31.3.2020, p. 2), as amended
by:
— 32020 R 2042: Commission Implementing Regulation (EU) 2020/2042 of 11 December 2020(OJ L 420,
14.12.2020, p. 9).’
Article 2
The texts of Delegated Regulations (EU) 2020/427, (EU) 2020/1794, (EU) 2020/2146 and (EU) 2021/269 and
Implementing Regulations (EU) 2020/464 and (EU) 2020/2042 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 5 February 2022, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*, or on the day of the entry into force of Decision of the EEA Joint Committee No 31/2022 of
4 February 2022(7), whichever is the later.
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, 4 February 2022.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
(*) No constitutional requirements indicated.
(7) See page 49 of this Official Journal.