Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 7/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1055]
**Executive Summary:**
EEA Joint Committee Decision No. 7/2022 amends Annex II to the EEA Agreement to incorporate five Commission Implementing Decisions related to electronic cigarettes and tobacco products. These decisions cover notification formats, information submission, technical standards, and advisory panels. The decision entered into force on February 5, 2022, or the entry into force of Decision No. 6/2022, whichever was later.
**Key Points / Main Content:**
* **Incorporation of EU Decisions:**
* Commission Implementing Decision (EU) 2015/2183 on a common format for notification of electronic cigarettes and refill containers is incorporated.
* Commission Implementing Decision (EU) 2015/2186 on a format for submission and availability of information on tobacco products is incorporated.
* Commission Implementing Decision (EU) 2016/586 on technical standards for electronic cigarette refill mechanisms is incorporated.
* Commission Implementing Decision (EU) 2016/786 on the procedure for an independent advisory panel determining characterizing flavors in tobacco products is incorporated.
* Commission Implementing Decision (EU) 2016/787 on a priority list of additives in cigarettes and roll-your-own tobacco subject to enhanced reporting is incorporated.
* **Adaptation for EFTA States:**
* For EFTA states, "1 January 2017" in Article 2 of the incorporated decisions is replaced by "the date of entry into force of Decision of the EEA Joint Committee No 7/2022 of 4 February 2022."
* **Authentic Texts:**
* The Icelandic and Norwegian language texts of the incorporated decisions are authentic.
* **Entry into Force:**
* The Decision entered into force on 5 February 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 6/2022 of 4 February 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.
**Impact Analysis:**
**EFTA States:**
* *Impact:* EFTA states are now subject to the EU regulations and reporting requirements regarding electronic cigarettes and tobacco products as outlined in the incorporated decisions.
* *Action Required:* EFTA states must comply with the incorporated Commission Implementing Decisions, adapting the effective date in Article 2 to the date of entry into force of this decision.
**Member States and the Commission:**
* *Impact:* Member States and the Commission are responsible for ensuring that the independent advisory panel determining characterizing flavors in tobacco products is established and operated according to Commission Implementing Decision (EU) 2016/786.
* *Action Required:* Ensure compliance with the procedures outlined in the incorporated decisions, particularly regarding the establishment and operation of the advisory panel.
**Manufacturers of Electronic Cigarettes and Tobacco Products:**
* *Impact:* Manufacturers are required to adhere to the common notification format for electronic cigarettes and refill containers, as well as the format for submitting and making available information on tobacco products. They must also comply with technical standards for refill mechanisms of e-cigarettes and enhanced reporting obligations for additives.
* *Action Required:* Adapt product information and reporting procedures to align with the requirements of the incorporated Commission Implementing Decisions.
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, governing trade and economic relations between the EU member states and certain other countries.
Commission Implementing Decision EU 2015/2183: A European Commission decision establishing a common format for the notification of electronic cigarettes and refill containers.
Commission Implementing Decision EU 2015/2186: A European Commission decision establishing a format for the submission and making available of information on tobacco products.
Commission Implementing Decision EU 2016/586: A European Commission decision on technical standards for the refill mechanism of electronic cigarettes.
Commission Implementing Decision EU 2016/786: A European Commission decision laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour.
Commission Implementing Decision EU 2016/787: A European Commission decision laying down a priority list of additives contained in cigarettes and rollyourown tobacco subject to enhanced reporting obligations.
Brussels: The city where the decision was adopted, located in Belgium.
30.6.2022 EN Official Journal of the European Union L 175/15
DECISION OF THE EEA JOINT COMMITTEE No 7/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1055]
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 Implementing Decision (EU) 2015/2183 of 24 November 2015establishing a common format for the
notification of electronic cigarettes and refill containers(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Decision (EU) 2015/2186 of 25 November 2015 establishing a format for the
submission and making available of information on tobacco products(2) is to be incorporated into the EEA
Agreement.
(3) Commission Implementing Decision (EU) 2016/586 of 14 April 2016 on technical standards for the refill
mechanism of electronic cigarettes(3)is to be incorporated into the EEA Agreement.
(4) Commission Implementing Decision (EU) 2016/786 of 18 May 2016 laying down the procedure for the
establishment and operation of an independent advisory panel assisting Member States and the Commission in
determining whether tobacco products have a characterising flavour(4) is to be incorporated into the EEA
Agreement.
(5) Commission Implementing Decision (EU) 2016/787 of 18 May 2016 laying down a priority list of additives
contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations(5) is to be
incorporated into the EEA Agreement.
(6) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 3b (Commission Implementing Decision (EU) 2015/1842) of Chapter XXV of Annex II
to the EEA Agreement:
‘3c. 32015 D 2183: Commission Implementing Decision (EU) 2015/2183 of 24 November 2015establishing a common
format for the notification of electronic cigarettes and refill containers (OJ L 309, 26.11.2015, p. 15).
3d. 32015 D 2186: Commission Implementing Decision (EU) 2015/2186 of 25 November 2015establishing a format for
the submission and making available of information on tobacco products (OJ L 312, 27.11.2015, p. 5).
3e. 32016 D 0586: Commission Implementing Decision (EU) 2016/586 of 14 April 2016on technical standards for the
refill mechanism of electronic cigarettes (OJ L 101, 16.4.2016, p. 15).
3f. 32016 D 0786: Commission Implementing Decision (EU) 2016/786 of 18 May 2016laying down the procedure for
the establishment and operation of an independent advisory panel assisting Member States and the Commission in
determining whether tobacco products have a characterising flavour (OJ L 131, 20.5.2016, p. 79).
(1) OJ L 309, 26.11.2015, p. 15.
(2) OJ L 312, 27.11.2015, p. 5.
(3) OJ L 101, 16.4.2016, p. 15.
(4) OJ L 131, 20.5.2016, p. 79.
(5) OJ L 131, 20.5.2016, p. 88.L 175/16 EN Official Journal of the European Union 30.6.2022
3g. 32016 D 0787: Commission Implementing Decision (EU) 2016/787 of 18 May 2016laying down a priority list of
additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations (OJ L 131,
20.5.2016, p. 88).
The provisions of the Decision shall, for the purposes of this Agreement, be read with the following adaptation:
In Article 2, as regards the EFTA States, the words “1 January 2017” shall read “the date of entry into force of Decision
of the EEA Joint Committee No 7/2022 of 4 February 2022”.’
Article 2
The texts of Implementing Decisions (EU) 2015/2183, (EU) 2015/2186, (EU) 2016/586, (EU) 2016/786 and (EU)
2016/787 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 6/2022 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 12 of this Official Journal.