Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 38/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1086]
Executive Summary:
EEA Joint Committee Decision No. 38/2022 amends Annex II to the EEA Agreement to incorporate several Commission Regulations related to organic production. These include regulations concerning groups of operators, plant reproductive material, traceability and compliance, and authorized substances. The decision repeals Regulation EC No. 889/2008, except for Annexes VII and XI, which remain in effect until December 31, 2023. The decision does not apply to Liechtenstein.
Key Points / Main Content:
* **Incorporation of Regulations:**
* Commission Delegated Regulation (EU) 2021/715 amending Regulation (EU) 2018/848 regarding requirements for groups of operators is incorporated.
* Commission Delegated Regulation (EU) 2021/1189 supplementing Regulation (EU) 2018/848 regarding plant reproductive material of organic heterogeneous material is incorporated.
* Commission Implementing Regulation (EU) 2021/279 laying down rules for implementing Regulation (EU) 2018/848 on controls and traceability in organic production is incorporated.
* Commission Implementing Regulation (EU) 2021/1165 authorizing certain products and substances for use in organic production is incorporated.
* **Repeal and Transition:**
* Commission Regulation (EC) No 889/2008 is repealed, except for Annexes VII and XI.
* Annexes VII and XI of Regulation (EC) No 889/2008 will continue to apply until December 31, 2023.
* **Geographical Scope:**
* This Decision does not apply to Liechtenstein.
* **Authentic Texts:**
* The Icelandic and Norwegian language texts of Regulations EU 2021/715, EU 2021/1189, EU 2021/279, and EU 2021/1165 are authentic.
* **Entry Into Force:**
* The Decision entered into force on February 5, 2022, or the entry into force of Decision of the EEA Joint Committee No 3/2022 of 4 February 2022, whichever is later, provided all notifications under Article 103(1) of the EEA Agreement have been made.
Impact Analysis:
* **Organic Producers and Operators:**
* *Impact:* Must comply with the updated regulations regarding organic production, traceability, and authorized substances.
* *Action Required:* Review and implement the requirements of Regulations (EU) 2021/715, (EU) 2021/1189, (EU) 2021/279, and (EU) 2021/1165. Adapt practices to align with the new rules, and ensure compliance with the provisions that remain in force from Regulation (EC) No 889/2008 until the end of 2023.
* **EEA Member States (excluding Liechtenstein):**
* *Impact:* Required to incorporate the new regulations into their national legal frameworks.
* *Action Required:* Amend national laws and regulations to reflect the changes introduced by the incorporated EU regulations. Ensure that national authorities are aware of the changes and prepared to enforce them.
* **EEA Joint Committee:**
* *Impact:* Responsible for overseeing the implementation of the decision and ensuring compliance with the EEA Agreement.
* *Action Required:* Monitor the implementation of the decision by member states and address any issues or concerns that may arise.
Key Entities Referenced
EEA Joint Committee: The entity responsible for adopting the decision to amend Annex II of the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, which is being amended by the decision.
Commission Delegated Regulation EU 2021/715: A regulation amending Regulation EU 2018/848 regarding requirements for groups of operators, to be incorporated into the EEA Agreement.
Commission Delegated Regulation EU 2021/1189: A regulation supplementing Regulation EU 2018/848 regarding the production and marketing of plant reproductive material, to be incorporated into the EEA Agreement.
Commission Implementing Regulation EU 2021/279: A regulation laying down detailed rules for the implementation of Regulation EU 2018/848 on controls and other measures, to be incorporated into the EEA Agreement.
Commission Implementing Regulation EU 2021/1165: A regulation authorising certain products and substances for use in organic production, to be incorporated into the EEA Agreement.
Regulation EU 2018/848: A regulation of the European Parliament and of the Council that is being amended and supplemented by other regulations mentioned in the decision.
Liechtenstein: A country to which 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 175/63
DECISION OF THE EEA JOINT COMMITTEE No 38/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1086]
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) 2021/715 of 20 January 2021amending Regulation (EU) 2018/848 of the
European Parliament and of the Council as regards the requirements for groups of operators(1) is to be
incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/1189 of 7 May 2021supplementing Regulation (EU) 2018/848 of the
European Parliament and of the Council as regards the production and marketing of plant reproductive material of
organic heterogeneous material of particular genera or species(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2021/279 of 22 February 2021 laying down detailed rules for the
implementation of Regulation (EU) 2018/848 of the European Parliament and of the Council on controls and other
measures ensuring traceability and compliance in organic production and the labelling of organic products(3)is to
be incorporated into the EEA Agreement.
(4) Commission Implementing Regulation (EU) 2021/1165 of 15 July 2021 authorising certain products and
substances for use in organic production and establishing their lists(4)is to be incorporated into the EEA Agreement.
(5) Implementing Regulation (EU) 2021/1165 repeals Commission Regulation (EC) No 889/2008(5) except for
Annexes VII and XI which shall continue to apply until 31 December 2023. Regulation (EC) No 889/2008 is
incorporated into the EEA Agreement and shall consequently be repealed under the EEA Agreement except for
Annexes VII and XI which shall continue to apply until 31 December 2023.
(6) 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.
(7) 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 0715: Commission Delegated Regulation (EU) 2021/715 of 20 January 2021(OJ L 151, 3.5.2021, p. 1).’
(1) OJ L 151, 3.5.2021, p. 1.
(2) OJ L 258, 20.7.2021, p. 18.
(3) OJ L 62, 23.2.2021, p. 6.
(4) OJ L 253, 16.7.2021, p. 13.
(5) OJ L 250, 18.9.2008, p. 1.L 175/64 EN Official Journal of the European Union 30.6.2022
2. The following points are inserted after point 54bh (Commission Implementing Regulation (EU) 2021/1378):
‘54bi. 32021 R 1189: Commission Delegated Regulation (EU) 2021/1189 of 7 May 2021supplementing Regulation
(EU) 2018/848 of the European Parliament and of the Council as regards the production and marketing of plant
reproductive material of organic heterogeneous material of particular genera or species (OJ L 258, 20.7.2021,
p. 18).
54bj. 32021 R 0279: Commission Implementing Regulation (EU) 2021/279 of 22 February 2021 laying down
detailed rules for the implementation of Regulation (EU) 2018/848 of the European Parliament and of the
Council on controls and other measures ensuring traceability and compliance in organic production and the
labelling of organic products (OJ L 62, 23.2.2021, p. 6).
54bk. 32021 R 1165: Commission Implementing Regulation (EU) 2021/1165 of 15 July 2021 authorising certain
products and substances for use in organic production and establishing their lists (OJ L 253, 16.7.2021, p. 13).’
3. The text of point 54ba (Commission Regulation (EC) No 889/2008) shall be deleted. Annexes VII and XI of Regulation
(EC) No 889/2008 shall continue to apply until 31 December 2023.
Article 2
The texts of Delegated Regulations (EU) 2021/715 and (EU) 2021/1189 and Implementing Regulations (EU) 2021/279 and
(EU) 2021/1165 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(6), 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.
(6) See page 49 of this Official Journal.