Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 35/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1083]
Executive Summary:
EEA Joint Committee Decision No. 35/2022 amends Annex II to the EEA Agreement to incorporate Commission Delegated Regulations (EU) 2021/771 and 2021/1006, concerning organic production controls and certification. The decision came into force on February 5, 2022, or the entry into force of Decision No. 31/2022, whichever was later, and does not apply to Liechtenstein under specific conditions. The decision mandates updates to the EEA Agreement's Annex II.
Key Points / Main Content:
* **Amendments to Annex II:**
* Regulation (EU) 2021/1006 is added to point 54b concerning Regulation (EU) 2018/848.
* Regulation (EU) 2021/771 is inserted after point 54be concerning Commission Implementing Regulation (EU) 2020/464.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Regulations (EU) 2021/771 and (EU) 2021/1006 are authentic.
* **Entry into Force:**
* The Decision entered into force on February 5, 2022, provided that all 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, whichever is later.
* **Liechtenstein Exclusion:**
* The Decision does not apply to Liechtenstein as long as the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.
Impact Analysis:
* **EEA Member States (excluding Liechtenstein under certain conditions):**
* *Impact:* Must integrate the requirements of Regulations (EU) 2021/771 and 2021/1006 into their national regulations concerning organic production and certification.
* *Action Required:* Update relevant legal frameworks and ensure compliance with the new regulations.
* **Operators involved in organic production within the EEA:**
* *Impact:* Subject to the updated rules for documentary checks and certification as specified in Regulations (EU) 2021/771 and 2021/1006.
* *Action Required:* Adapt internal processes to comply with the new control and certification requirements.
* **EEA Joint Committee:**
* *Impact:* Responsible for ensuring the decision is implemented and monitoring its effects.
* *Action Required:* Oversee the incorporation of the regulations into national laws and address any issues arising from their implementation.
Key Entities Referenced
EEA Joint Committee: A committee responsible for decisions related to the Agreement on the European Economic Area (EEA).
EEA Agreement: The Agreement on the European Economic Area, which extends the European Union's single market to Iceland, Liechtenstein and Norway.
Commission Delegated Regulation EU 2021/771: A regulation supplementing Regulation EU 2018/848, laying down specific criteria and conditions for the checks of documentary accounts in the framework of official controls in organic production.
Regulation EU 2018/848: A regulation of the European Parliament and of the Council on organic production and labeling of organic products.
Commission Delegated Regulation EU 2021/1006: A regulation amending Regulation EU 2018/848 as regards the model of the certificate attesting compliance with the rules on organic production.
Liechtenstein: A country in Europe to which specific provisions regarding foodstuffs legislation do not apply under certain conditions outlined in the agreement between the European Community and the Swiss Confederation.
Swiss Confederation: A country in Europe that has an agreement with the European Community regarding trade in agricultural products, which impacts the application of certain legislation to Liechtenstein.
Brussels: The city in Belgium where the Decision of the EEA Joint Committee was signed.
30.6.2022 EN Official Journal of the European Union L 175/57
DECISION OF THE EEA JOINT COMMITTEE No 35/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1083]
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) 2021/771 of 21 January 2021supplementing Regulation (EU) 2018/848 of
the European Parliament and of the Council by laying down specific criteria and conditions for the checks of
documentary accounts in the framework of official controls in organic production and the official controls of
groups of operators(1)is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021amending Regulation (EU) 2018/848 of the
European Parliament and of the Council as regards the model of the certificate attesting compliance with the rules
on organic production(2)is to be incorporated into the EEA Agreement.
(3) 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.
(4) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Chapter XII of Annex II to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 54b (Regulation (EU) 2018/848 of the European Parliament and of the Council):
‘- 32021 R 1006: Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021(OJ L 222, 22.6.2021, p. 3).’
2. The following point is inserted after point 54be (Commission Implementing Regulation (EU) 2020/464):
‘54bf. 32021 R 0771: Commission Delegated Regulation (EU) 2021/771 of 21 January 2021 supplementing
Regulation (EU) 2018/848 of the European Parliament and of the Council by laying down specific criteria and
conditions for the checks of documentary accounts in the framework of official controls in organic production
and the official controls of groups of operators (OJ L 165, 11.5.2021, p. 25).’
Article 2
The texts of Delegated Regulations (EU) 2021/771 and (EU) 2021/1006 in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
(1) OJ L 165, 11.5.2021, p. 25.
(2) OJ L 222, 22.6.2021, p. 3.L 175/58 EN Official Journal of the European Union 30.6.2022
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(3), 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.
(3) See page 49 of this Official Journal.