Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 77/2023 of 28 April 2023 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2233]
Executive Summary:
EEA Joint Committee Decision No. 77/2023 amends Annexes I and II to the EEA Agreement to incorporate EU regulations and decisions regarding fertilizing products. This includes Regulation (EU) 2019/1009 and related acts, impacting the marketing and composition of fertilizers within the EEA. The decision also repeals obsolete regulations. It entered into force the day after the last notification under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
* **Incorporation of EU Legislation:**
* Regulation (EU) 2019/1009 on EU fertilizing products is incorporated into the EEA Agreement.
* Commission Delegated Regulation (EU) 2021/1768 amending Annexes I, II, III, and IV to Regulation (EU) 2019/1009 is incorporated.
* Commission Decisions (EU) 2020/1178, 2020/1184, and 2020/1205 regarding national provisions on cadmium content in fertilizers for Denmark, Hungary, and the Slovak Republic, respectively, are incorporated.
* The Communication from the Commission concerning the visual appearance of the label on EU fertilising products referred to in Annex III to Regulation EU 2019/1009 is to be incorporated.
* **Repeal of Obsolete Regulations:**
* Regulation (EC) No 2003/2003 is repealed.
* Commission Regulations (EC) No 2076/2004, (EC) No 162/2007, (EC) No 1107/2008, (EC) No 1020/2009, (EU) No 137/2011, (EU) No 223/2012, (EU) No 463/2013, (EU) No 1257/2014, (EU) 2016/1618, (EU) 2019/1102, (EU) 2020/1666 and (EU) 2021/862 are repealed.
* **Amendments to Annexes I and II:**
* Annex I is amended to include Regulation (EU) 2019/1009.
* Annex II is amended to replace and include updated regulations concerning fertilizing products.
* **EFTA State Adaptations:**
* EFTA States can continue applying national limit values for cadmium in phosphate fertilizers until harmonized EEA limit values equal to or lower than their existing values are applicable.
* National plant health law and national law on invasive alien species of the EFTA States are considered.
* A specific date is defined for EFTA States regarding Article 52.
* **Liechtenstein Exception:**
* Provisions regarding veterinary matters do not apply to Liechtenstein under certain conditions related to the agreement with Switzerland on trade in agricultural products.
Impact Analysis:
* **Fertilizer Manufacturers and Distributors:**
* Impact: Must comply with the updated regulations for placing fertilizing products on the market within the EEA, including new labeling requirements and cadmium content limits.
* Action Required: Review product formulations and labeling to ensure compliance with Regulation (EU) 2019/1009 and related amendments. Adapt to any new harmonized limits on cadmium content when they become applicable.
* **EFTA States:**
* Impact: Must incorporate the new EU regulations into their national legislation. Have the option to maintain existing national cadmium limits in phosphate fertilizers temporarily.
* Action Required: Amend national laws to reflect the incorporated EU regulations. Determine a strategy for cadmium limits in phosphate fertilizers, considering future harmonization.
* **EEA Authorities:**
* Impact: Responsible for enforcing the updated regulations and ensuring compliance by manufacturers and distributors.
* Action Required: Update monitoring and enforcement procedures to reflect the new regulations.
* **EU Member States:**
* Impact: Alignment of regulations and standards related to fertilizing products across the EEA.
* Action Required: Ensure national regulations are consistent with the incorporated EU regulations.
Key Entities Referenced
EEA Agreement: Agreement on the European Economic Area
Regulation EU 2019/1009: Regulation of the European Parliament and of the Council laying down rules on the making available on the market of EU fertilising products
Commission Delegated Regulation EU 2021/1768: Commission Delegated Regulation amending Annexes I, II, III and IV to Regulation EU 2019/1009
Commission Decision EU 2020/1178: Commission Decision on national provisions notified by the Kingdom of Denmark concerning cadmium content in fertilisers
Kingdom of Denmark: EU Member State that notified national provisions concerning cadmium content in fertilisers
Commission Decision EU 2020/1184: Commission Decision on national provisions notified by Hungary concerning the cadmium content in phosphate fertilisers
Hungary: EU Member State that notified national provisions concerning the cadmium content in phosphate fertilisers
Commission Decision EU 2020/1205: Commission Decision on national provisions notified by the Slovak Republic concerning the cadmium content in phosphate fertilisers
Official Journal EN
of the European Union L series
2023/2233 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 77/2023
of 28 April 2023
amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations,
standards, testing and certification) to the EEA Agreement [2023/2233]
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) Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019laying down rules on the
making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC)
No 1107/2009 and repealing Regulation (EC) No 2003/2003(1), as corrected by OJ L 83, 10.3.2022, p. 66 and
OJ L 161, 16.6.2022, p. 121, is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/1768 of 23 June 2021amending, for the purpose of its adaptation to
technical progress, Annexes I, II, III and IV to Regulation (EU) 2019/1009 of the European Parliament and of the
Council laying down rules on the making available on the market of EU fertilising products(2)is to be incorporated
into the EEA Agreement.
(3) Commission Decision (EU) 2020/1178 of 27 July 2020 on the national provisions notified by the Kingdom of
Denmark pursuant to Article 114(4) of the Treaty of the Functioning of the European Union concerning cadmium
content in fertilisers(3)is to be incorporated into the EEA Agreement.
(4) Commission Decision (EU) 2020/1184 of 17 July 2020on the national provisions notified by Hungary pursuant to
Article 114(4) of the Treaty on the Functioning of the European Union concerning the cadmium content in
phosphate fertilisers(4)is to be incorporated into the EEA Agreement.
(5) Commission Decision (EU) 2020/1205 of 6 August 2020on the national provisions notified by the Slovak Republic
pursuant to Article 114(4) of the Treaty on the Functioning of the European Union concerning the cadmium content
in phosphate fertilisers(5)is to be incorporated into the EEA Agreement.
(6) Communication from the Commission concerning the visual appearance of the label on EU fertilising products
referred to in Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the Council(6) is to be
incorporated into the EEA Agreement.
(7) Regulation (EU) 2019/1009 repeals Regulation (EC) No 2003/2003 of the European Parliament and of the
Council(7), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA
Agreement.
(8) The derogation enabling the EFTA States to limit the marketing of fertilisers in their markets due to cadmium
contents has been in place in the EEA Agreement since its entry into force in 1994. As for the EU Member States
which have been granted the same derogations with regard to cadmium content in fertilisers, the factual
circumstances necessitating this derogation remain valid.
(1) OJ L 170, 25.6.2019, p. 1.
(2) OJ L 356, 8.10.2021, p. 8.
(3) OJ L 259, 10.8.2020, p. 14.
(4) OJ L 261, 11.8.2020, p. 42.
(5) OJ L 270, 18.8.2020, p. 7.
(6) OJ C 119, 7.4.2021, p. 1.
(7) OJ L 304, 21.11.2003, p. 1.
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(9) Commission Regulations (EC) No 2076/2004(8), (EC) No 162/2007(9), (EC) No 1107/2008(10), (EC)
No 1020/2009(11), (EU) No 137/2011(12), (EU) No 223/2012(13), (EU) No 463/2013(14), (EU) No 1257/2014(15),
(EU) 2016/1618(16), (EU) 2019/1102(17), (EU) 2020/1666(18)and (EU) 2021/862(19), which are incorporated into
the EEA Agreement, have become obsolete and are consequently to be repealed under the EEA Agreement.
(10) This Decision contains provisions regarding veterinary matters. Legislation regarding veterinary matters 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 sectoral adaptations
to Annex I to the EEA Agreement.
(11) Annexes I and II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following indent is added in point 9b (Regulation (EC) No 1069/2009 of the European Parliament and of the Council)
in Part 7.1 of Chapter I of Annex I to the EEA Agreement:
‘- 32019 R 1009: Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019(OJ L 170,
25.6.2019, p. 1), as corrected by OJ L 83, 10.3.2022, p. 66and OJ L 161, 16.6.2022, p. 121.’
Article 2
Annex II to the EEA Agreement shall be amended as follows:
1. The text of point 1 (Regulation (EC) No 2003/2003 of the European Parliament and of the Council) of Chapter XIV shall
be replaced by the following:
‘32019 R 1009:
Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019laying down rules on the
making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC)
No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170, 25.6.2019, p. 1), as corrected by OJ L 83,
10.3.2022, p. 66and OJ L 161, 16.6.2022, p. 121, as amended by:
— 32021 R 1768: Commission Delegated Regulation (EU) 2021/1768 of 23 June 2021(OJ L 356, 8.10.2021, p. 8).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) The EFTA States shall be free to continue to apply their national limit values for cadmium in phosphate fertilisers
existing at the date of entry into force of Decision of the EEA Joint Committee No 77/2023 of 28 April 2023until
such time as harmonised limit values for cadmium content in phosphate fertilisers which are equal to or lower than
those limit values become applicable in the European Economic Area.
(8) OJ L 359, 4.12.2004, p. 25.
(9) OJ L 51, 20.2.2007, p. 7.
(10) OJ L 299, 8.11.2008, p. 13.
(11) OJ L 282, 29.10.2009, p. 7.
(12) OJ L 43, 17.2.2011, p. 1.
(13) OJ L 75, 15.3.2012, p. 12.
(14) OJ L 134, 18.5.2013, p. 1.
(15) OJ L 337, 25.11.2014, p. 53.
(16) OJ L 242, 9.9.2016, p. 24.
(17) OJ L 175, 28.6.2019, p. 25.
(18) OJ L 377, 11.11.2020, p. 3.
(19) OJ L 190, 31.5.2021, p. 74.
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(b) In Article 1(2), the following points shall be added after point (p):
“(q) the national plant health law of the EFTA States;
(r) the national law on invasive alien species of the EFTA States.”
(c) In Article 52, as regards the EFTA States, the words “or the date of entry into force of Decision of the EEA Joint
Committee No 77/2023 of 28 April 2023, whichever is the later” are inserted after the words “16 July 2022”.’
2. The following is inserted after point 5 (Commission Decision 2006/390/EC) of Chapter XIV:
‘6. 32020 D 1178: Commission Decision (EU) 2020/1178 of 27 July 2020on the national provisions notified by the
Kingdom of Denmark pursuant to Article 114(4) of the Treaty of the Functioning of the European Union
concerning cadmium content in fertilisers (OJ L 259, 10.8.2020, p. 14).
7. 32020 D 1184: Commission Decision (EU) 2020/1184 of 17 July 2020 on the national provisions notified by
Hungary pursuant to Article 114(4) of the Treaty on the Functioning of the European Union concerning the
cadmium content in phosphate fertilisers (OJ L 261, 11.8.2020, p. 42).
8. 32020 D 1205: Commission Decision (EU) 2020/1205 of 6 August 2020on the national provisions notified by the
Slovak Republic pursuant to Article 114(4) of the Treaty on the Functioning of the European Union concerning the
cadmium content in phosphate fertilisers (OJ L 270, 18.8.2020, p. 7).
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
The Contracting Parties shall take note of the following acts:
1. 52021XC0407(04): Communication from the Commission concerning the visual appearance of the label on EU
fertilising products referred to in Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the
Council (OJ C 119, 7.4.2021, p. 1).’
3. Point 13 (Regulation (EC) No 1107/2009 of the European Parliament and of the Council) of Chapter XV is amended as
follows:
(i) the following indent is added:
‘- 32019 R 1009: Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019
(OJ L 170, 25.6.2019, p. 1), as corrected by OJ L 83, 10.3.2022, p. 66and OJ L 161, 16.6.2022, p. 121.’
(ii) adaptations (i) and (j) are renumbered as adaptations (j) and (k), respectively.
(iii) the following adaptation is inserted after adaptation (h):
‘(i) In Article 80(8), as regards the EFTA States, the words “15 July 2019” shall read “the date of entry into force of
Decision of the EEA Joint Committee No 77/2023 of 28 April 2023.”’
Article 3
The texts of Regulation (EU) 2019/1009, as corrected by OJ L 83, 10.3.2022, p. 66 and OJ L 161, 16.6.2022, p. 121,
Delegated Regulation (EU) 2021/1768, Decisions (EU) 2020/1178, (EU) 2020/1184 and (EU) 2020/1205, and of the
Communication from the Commission concerning the visual appearance of the label on EU fertilising products referred to
in Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the Council 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 4
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement*.
* Constitutional requirements indicated.
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Article 5
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, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
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