Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 39/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1087]
Executive Summary:
EEA Joint Committee Decision No. 39/2022, adopted on February 4, 2022, amends Annex II to the EEA Agreement by incorporating Commission Delegated Regulation (EU) 2021/1698 concerning procedural requirements for the recognition of control authorities and bodies that certify organic operators and products in third countries. This decision will not apply to Liechtenstein. The Decision entered into force on February 5, 2022, or the entry into force of Decision of the EEA Joint Committee No 3/2022, whichever is later, pending notifications.
Key Points / Main Content:
* **Amendment to Annex II:**
* Commission Delegated Regulation (EU) 2021/1698 is inserted into Chapter XII of Annex II to the EEA Agreement, following point 54bk.
* The Regulation supplements Regulation (EU) 2018/848 regarding controls on organic operators and products in third countries.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Delegated Regulation (EU) 2021/1698 are authentic and will be published in the EEA Supplement to the Official Journal.
* **Entry into Force:**
* The Decision came 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 3/2022, whichever is later.
* **Publication:**
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
* **Liechtenstein Exclusion:**
* This Decision does not apply to Liechtenstein due to its agreement with the Swiss Confederation on trade in agricultural products.
Impact Analysis:
European Economic Area (EEA) Member States (excluding Liechtenstein):
Impact: Must implement Commission Delegated Regulation (EU) 2021/1698 concerning controls on organic products from third countries.
Action Required: Incorporate the provisions of Regulation (EU) 2021/1698 into their national regulations and ensure compliance with the new rules.
Control Authorities and Control Bodies:
Impact: Subject to the procedural requirements for recognition and supervision when carrying out controls on organic operators and products in third countries.
Action Required: Adhere to the rules outlined in Commission Delegated Regulation (EU) 2021/1698 to maintain recognition and properly conduct controls.
Operators and Groups of Operators Certified Organic in Third Countries:
Impact: Affected by the controls and supervision performed by control authorities and control bodies, according to Commission Delegated Regulation (EU) 2021/1698.
Action Required: Comply with the requirements set by control authorities and control bodies to maintain organic certification.
European Commission:
Impact: Responsible for the oversight and enforcement of Commission Delegated Regulation (EU) 2021/1698 within the EEA.
Action Required: Ensure that EEA Member States correctly implement and enforce the Regulation.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for the European Economic Area (EEA) Agreement.
EEA Agreement: Agreement on the European Economic Area
Commission Delegated Regulation EU 2021/1698: A regulation supplementing Regulation EU 2018/848 concerning controls on operators and groups of operators certified organic and on organic products in third countries.
Regulation EU 2018/848: Regulation of the European Parliament and of the Council related to organic production and labeling of organic products.
Liechtenstein: A European country to which the legislation regarding foodstuffs shall not apply as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to it.
Annex II to the EEA Agreement: Technical regulations, standards, testing and certification to the EEA Agreement
Official Journal of the European Union: The official gazette of record of the European Union (EU).
Brussels: City in Belgium where the decision was made
30.6.2022 EN Official Journal of the European Union L 175/65
DECISION OF THE EEA JOINT COMMITTEE No 39/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1087]
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) 2021/1698 of 13 July 2021supplementing Regulation (EU) 2018/848 of
the European Parliament and of the Council with procedural requirements for the recognition of control authorities
and control bodies that are competent to carry out controls on operators and groups of operators certified organic
and on organic products in third countries and with rules on their supervision and the controls and other actions to
be performed by those control authorities and control bodies(1)is to be incorporated into the EEA Agreement.
(2) 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.
(3) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 54bk (Commission Implementing Regulation (EU) 2021/1165) of Chapter XII of
Annex II to the EEA Agreement:
‘54bl. 32021 R 1698: Commission Delegated Regulation (EU) 2021/1698 of 13 July 2021 supplementing Regulation
(EU) 2018/848 of the European Parliament and of the Council with procedural requirements for the recognition of
control authorities and control bodies that are competent to carry out controls on operators and groups of
operators certified organic and on organic products in third countries and with rules on their supervision and the
controls and other actions to be performed by those control authorities and control bodies (OJ L 336, 23.9.2021,
p. 7).’
Article 2
The text of Delegated Regulation (EU) 2021/1698 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(2), whichever is the later.
(1) OJ L 336, 23.9.2021, p. 7.
(*) No constitutional requirements indicated.
(2) See page 49 of this Official Journal.L 175/66 EN Official Journal of the European Union 30.6.2022
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