Date: 2023-03-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 76/2020 of 12 June 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/525]
Executive Summary:
This document is a decision of the EEA Joint Committee to amend Annex II to the EEA Agreement, incorporating several Commission Delegated Directives (EU 2020/360, 2020/361, 2020/364, 2020/365, and 2020/366). These directives adapt Directive 2011/65/EU to scientific and technical progress regarding exemptions for certain substances like lead and hexavalent chromium. The decision entered into force on 13 June 2020.
Key Points / Main Content:
* **Amendment of Annex II:**
* Point 12q of Directive 2011/65/EU in Chapter XV of Annex II to the EEA Agreement is amended.
* The following Commission Delegated Directives are added: EU 2020/360, EU 2020/361, EU 2020/364, EU 2020/365, and EU 2020/366.
* **Incorporated Directives:**
* EU 2020/360: Amends Annex IV regarding lead in platinized platinum electrodes.
* EU 2020/361: Amends Annex III regarding hexavalent chromium in absorption refrigerators.
* EU 2020/364: Amends Annex IV regarding cadmium in radiation-tolerant video camera tubes.
* EU 2020/365: Amends Annex III regarding lead in solders used in handheld combustion engines.
* EU 2020/366: Amends Annex IV regarding lead as a stabilizer in polyvinyl chloride used in in-vitro diagnostic medical devices.
* **Authentic Texts:**
* The texts of the Delegated Directives in Icelandic and Norwegian languages will be published in the EEA Supplement to the Official Journal of the European Union and are authentic.
* **Entry into Force:**
* The Decision entered into force on 13 June 2020, pending notifications under Article 103(1) of the EEA Agreement.
* **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:
* **EEA Member States:**
* *Impact:* Must incorporate the changes to Annex II of the EEA Agreement into their national laws and regulations.
* *Action Required:* Review and update national legislation to reflect the incorporated Commission Delegated Directives regarding exemptions for restricted substances.
* **Manufacturers and Suppliers:**
* *Impact:* Affected by the updated restrictions and exemptions for substances like lead and hexavalent chromium in specific products.
* *Action Required:* Ensure compliance with the amended Annexes of Directive 2011/65/EU, considering the new exemptions for specific applications.
* **European Commission:**
* *Impact:* Responsible for overseeing the implementation of the Delegated Directives within the EEA.
* *Action Required:* Monitor the adoption of the Decision by EEA member states and ensure consistent application of the updated rules.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, which extends the EU's single market to Iceland, Liechtenstein and Norway.
Annex II to the EEA Agreement: A part of the EEA Agreement that deals with technical regulations, standards, testing, and certification.
Directive 2011/65/EU: Directive 2011/65/EU of the European Parliament and of the Council Restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive).
Commission Delegated Directive EU 2020/360: A directive amending Annex IV to Directive 2011/65/EU regarding an exemption for lead in platinized platinum electrodes.
Commission Delegated Directive EU 2020/361: A directive amending Annex III to Directive 2011/65/EU regarding an exemption for hexavalent chromium as an anticorrosion agent.
Commission Delegated Directive EU 2020/364: A directive amending Annex IV to Directive 2011/65/EU regarding an exemption for the use of cadmium in certain radiation tolerant video camera tubes.
Brussels: The city where the decision was made.
L 78/16 EN Official Journal of the European Union 16.3.2023
DECISION OF THE EEA JOINT COMMITTEE No 76/2020
of 12 June 2020
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/525]
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 Directive (EU) 2020/360 of 17 December 2019amending, for the purposes of adapting to
scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council
as regards an exemption for lead in platinized platinum electrodes used for certain conductivity measurements(1)is
to be incorporated into the EEA Agreement.
(2) Commission Delegated Directive (EU) 2020/361 of 17 December 2019amending, for the purposes of adapting to
scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council
as regards an exemption for hexavalent chromium as an anticorrosion agent of the carbon steel cooling system in
absorption refrigerators(2)is to be incorporated into the EEA Agreement.
(3) Commission Delegated Directive (EU) 2020/364 of 17 December 2019amending, for the purposes of adapting to
scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council
as regards an exemption for the use of cadmium in certain radiation tolerant video camera tubes(3) is to be
incorporated into the EEA Agreement.
(4) Commission Delegated Directive (EU) 2020/365 of 17 December 2019amending, for the purposes of adapting to
scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council
as regards an exemption for lead in solders and termination finishes used in certain hand-held combustion
engines(4)is to be incorporated into the EEA Agreement.
(5) Commission Delegated Directive (EU) 2020/366 of 17 December 2019amending, for the purposes of adapting to
scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council
as regards an exemption for lead as a thermal stabiliser in polyvinyl chloride used in certain in-vitro diagnostic
medical devices for the analysis of blood and other body fluids and body gases(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 indents are added in point 12q (Directive 2011/65/EU of the European Parliament and of the Council) of
Chapter XV of Annex II to the EEA Agreement:
‘— 32020 L 0360: Commission Delegated Directive (EU) 2020/360 of 17 December 2019(OJ L 67, 5.3.2020, p. 109),
— 32020 L 0361: Commission Delegated Directive (EU) 2020/361 of 17 December 2019(OJ L 67, 5.3.2020, p. 112),
(1) OJ L 67, 5.3.2020, p. 109.
(2) OJ L 67, 5.3.2020, p. 112.
(3) OJ L 67, 5.3.2020, p. 122.
(4) OJ L 67, 5.3.2020, p. 125.
(5) OJ L 67, 5.3.2020, p. 129.16.3.2023 EN Official Journal of the European Union L 78/17
— 32020 L 0364: Commission Delegated Directive (EU) 2020/364 of 17 December 2019(OJ L 67, 5.3.2020, p. 122),
— 32020 L 0365: Commission Delegated Directive (EU) 2020/365 of 17 December 2019(OJ L 67, 5.3.2020, p. 125),
— 32020 L 0366: Commission Delegated Directive (EU) 2020/366 of 17 December 2019(OJ L 67, 5.3.2020, p. 129).’
Article 2
The texts of Delegated Directives (EU) 2020/360, (EU) 2020/361, (EU) 2020/364, (EU) 2020/365 and (EU) 2020/366 and
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 13 June 2020, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
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, 12 June 2020.
For the EEA Joint Committee
The President
Clara GANSLANDT
(*) No constitutional requirements indicated.