Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 37/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1085]
Executive Summary:
EEA Joint Committee Decision No. 37/2022 amends Annex II to the EEA Agreement to incorporate three Commission Regulations (EU) 2021/1691, 2021/1697 and 2021/1378 related to organic production. This decision will not apply to Liechtenstein. It entered into force on February 5, 2022, pending notifications or the entry into force of Decision No. 31/2022, whichever is later.
Key Points / Main Content:
* **Amendments to Annex II, Chapter XII:**
* Regulation EU 2018/848 is updated with:
* Commission Delegated Regulation EU 2021/1691 regarding recordkeeping requirements for operators in organic production.
* Commission Delegated Regulation EU 2021/1697 concerning criteria for recognizing control authorities and bodies competent in third countries for organic products.
* Commission Implementing Regulation EU 2021/1378 establishing rules for certificates issued to operators, groups of operators, and exporters in third countries involved in importing organic products into the Union and the list of recognised control authorities and bodies.
* **Language Authenticity:**
* The Icelandic and Norwegian language texts of Regulations EU 2021/1691, EU 2021/1697, and EU 2021/1378 are authentic and will be published in the EEA Supplement to the Official Journal.
* **Entry Into Force:**
* The decision took effect on February 5, 2022, contingent upon Article 103(1) notifications or the entry into force of Decision No. 31/2022, whichever is later.
Impact Analysis:
* **Operators in Organic Production:**
* *Impact:* Must comply with updated recordkeeping requirements as per Regulation EU 2021/1691.
* *Action Required:* Implement necessary changes to recordkeeping practices to align with the new requirements.
* **Control Authorities and Control Bodies:**
* *Impact:* Subject to new criteria for recognition and potential withdrawal of recognition, as per Regulation EU 2021/1697, if they conduct controls on organic products in third countries.
* *Action Required:* Ensure compliance with the updated criteria to maintain recognition.
* **Operators, Groups of Operators, and Exporters in Third Countries:**
* *Impact:* Affected by the rules concerning certificates issued for imports of organic and in-conversion products into the Union, as per Regulation EU 2021/1378.
* *Action Required:* Adhere to the new rules for obtaining and using certificates for importing organic products.
* **EEA Member States (excluding Liechtenstein):**
* *Impact:* Required to incorporate the changes into their national regulations.
* *Action Required:* Ensure national laws and practices align with the incorporated EU regulations.
Key Entities Referenced
EEA Joint Committee: The governing body responsible for the management of the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, establishing the European Economic Area.
Commission Delegated Regulation EU 2021/1691: A delegated regulation of the European Commission amending Annex II to Regulation EU 2018/848 regarding recordkeeping for operators in organic production.
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 2021/1697: A delegated regulation of the European Commission amending Regulation EU 2018/848 regarding criteria for recognition of control authorities and bodies competent to control organic products in third countries.
Commission Implementing Regulation EU 2021/1378: An implementing regulation of the European Commission laying down rules concerning certificates issued to operators and exporters in third countries involved in imports of organic products into the Union.
Liechtenstein: A country in Europe to which certain provisions of the Decision do not apply due to an agreement with the Swiss Confederation.
Brussels: The city in Belgium where the Decision was adopted.
30.6.2022 EN Official Journal of the European Union L 175/61
DECISION OF THE EEA JOINT COMMITTEE No 37/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1085]
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) 2021/1691 of 12 July 2021 amending Annex II to Regulation (EU)
2018/848 of the European Parliament and of the Council as regards the requirements for record-keeping for
operators in organic production(1)is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/1697 of 13 July 2021 amending Regulation (EU) 2018/848 of the
European Parliament and of the Council as regards the criteria for the recognition of control authorities and control
bodies that are competent to carry out controls on organic products in third countries, and for the withdrawal of
their recognition(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2021/1378 of 19 August 2021 laying down certain rules concerning
the certificate issued to operators, groups of operators and exporters in third countries involved in the imports of
organic and in-conversion products into the Union and establishing the list of recognised control authorities and
control bodies in accordance with Regulation (EU) 2018/848 of the European Parliament and of the Council(3)is
to be incorporated into the EEA Agreement.
(4) 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.
(5) 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 indents are added in point 54b (Regulation (EU) 2018/848 of the European Parliament and of the
Council):
‘— 32021 R 1691: Commission Delegated Regulation (EU) 2021/1691 of 12 July 2021(OJ L 334, 22.9.2021, p. 1),
— 32021 R 1697: Commission Delegated Regulation (EU) 2021/1697 of 13 July 2021(OJ L 336, 23.9.2021, p. 3).’;
(1) OJ L 334, 22.9.2021, p. 1.
(2) OJ L 336, 23.9.2021, p. 3.
(3) OJ L 297, 20.8.2021, p. 24.L 175/62 EN Official Journal of the European Union 30.6.2022
(2) the following point is inserted after point 54bg (Commission Delegated Regulation (EU) 2021/1342):
‘54bh. 32021 R 1378: Commission Implementing Regulation (EU) 2021/1378 of 19 August 2021 laying down
certain rules concerning the certificate issued to operators, groups of operators and exporters in third countries
involved in the imports of organic and in-conversion products into the Union and establishing the list of recognised
control authorities and control bodies in accordance with Regulation (EU) 2018/848 of the European Parliament and
of the Council (OJ L 297, 20.8.2021, p. 24).’
Article 2
The texts of Delegated Regulations (EU) 2021/1691 and (EU) 2021/1697 and Implementing Regulation (EU) 2021/1378 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(4), 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.
(4) See page 49 of this Official Journal.