Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 86/2023 of 28 April 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2241]
Executive Summary:
EEA Joint Committee Decision No. 86/2023 amends Annex II to the EEA Agreement to incorporate Commission Implementing Decisions EU 2022/2325, EU 2022/2326, and EU 2022/2327, which do not approve certain active substances for use in biocidal products. The decision entered into force on April 29, 2023, and will be published in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment to Annex II:**
* Annex II to the EEA Agreement is amended to include references to three Commission Implementing Decisions.
* Specifically, points are inserted after point 12zzzzzzzzo regarding Commission Implementing Decision EU 2022/1485.
* **Incorporated Decisions:**
* Commission Implementing Decision EU 2022/2325, not approving 1,2-benzisothiazol-3(2H)-one (BIT) for product-type 10.
* Commission Implementing Decision EU 2022/2326, not approving epsilon-metofluthrin for product-type 19.
* Commission Implementing Decision EU 2022/2327, not approving chloramin B for product-types 2, 3, 4, and 5.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Implementing Decisions EU 2022/2325, EU 2022/2326, and EU 2022/2327 are authentic.
* **Entry into Force and Publication:**
* The Decision entered into force on April 29, 2023, after notifications under Article 103(1) of the EEA Agreement.
* 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:
* **Biocidal Product Manufacturers/Suppliers:**
* Impact: Manufacturers and suppliers are impacted by the non-approval of certain active substances (1,2-benzisothiazol-3(2H)-one, epsilon-metofluthrin, and chloramin B) for specific product types within the EEA.
* Action Required: Manufacturers and suppliers must ensure that their biocidal products comply with the updated regulations and do not contain the non-approved substances for the specified product types.
* **EEA Member States:**
* Impact: EEA member states are impacted by the need to incorporate these changes into their national regulations concerning biocidal products.
* Action Required: Member states must update their national regulations to reflect the non-approval of the specified active substances and ensure enforcement of these regulations.
Key Entities Referenced
EEA Joint Committee: The governing body responsible for managing the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Annex II Technical regulations, standards, testing and certification to the EEA Agreement: A section of the EEA Agreement that outlines technical regulations, standards, testing, and certification procedures.
Regulation EU No 528/2012: A regulation of the European Parliament and of the Council concerning the making available on the market and use of biocidal products.
Commission Implementing Decision EU 2022/2325: A decision by the European Commission not approving 1,2-benzisothiazol-3(2H)-one (BIT) as an active substance for use in biocidal products of product-type 10.
Commission Implementing Decision EU 2022/2326: A decision by the European Commission not approving epsilon-metofluthrin as an active substance for use in biocidal products of product-type 19.
Commission Implementing Decision EU 2022/2327: A decision by the European Commission not approving chloramin B as an active substance for use in biocidal products of product-types 2, 3, 4 and 5.
Brussels: The location where the decision was made.
Official Journal EN
of the European Union L series
2023/2241 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 86/2023
of 28 April 2023
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/2241]
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) 2022/2325 of 24 November 2022 not approving 1,2-benzisothiazol-3
(2H)-one (BIT) as an active substance for use in biocidal products of product-type 10 in accordance with Regulation
(EU) No 528/2012 of the European Parliament and of the Council(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Decision (EU) 2022/2326 of 24 November 2022not approving epsilon-metofluthrin as
an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU)
No 528/2012 of the European Parliament and of the Council(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Decision (EU) 2022/2327 of 24 November 2022 not approving chloramin B as an
active substance for use in biocidal products of product-types 2, 3, 4 and 5 in accordance with Regulation (EU)
No 528/2012 of the European Parliament and of the Council(3)is to be incorporated into the EEA Agreement.
(4) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 12zzzzzzzzo (Commission Implementing Decision (EU) 2022/1485) of
Chapter XV of Annex II to the EEA Agreement:
‘12zzzzzzzzp. 32022 D 2325: Commission Implementing Decision (EU) 2022/2325 of 24 November 2022 not
approving 1,2-benzisothiazol-3(2H)-one (BIT) as an active substance for use in biocidal products of
product-type 10 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the
Council (OJ L 307, 28.11.2022, p. 267).
12zzzzzzzzq. 32022 D 2326: Commission Implementing Decision (EU) 2022/2326 of 24 November 2022 not
approving epsilon-metofluthrin as an active substance for use in biocidal products of product-type 19 in
accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 307,
28.11.2022, p. 269).
12zzzzzzzzr. 32022 D 2327: Commission Implementing Decision (EU) 2022/2327 of 24 November 2022 not
approving chloramin B as an active substance for use in biocidal products of product-types 2, 3, 4 and 5 in
accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 307,
28.11.2022, p. 271).’
(1) OJ L 307, 28.11.2022, p. 267.
(2) OJ L 307, 28.11.2022, p. 269.
(3) OJ L 307, 28.11.2022, p. 271.
ELI: http://data.europa.eu/eli/dec/2023/2241/oj 1/2EN
OJ L, 9.11.2023
Article 2
The texts of Implementing Decisions (EU) 2022/2325, (EU) 2022/2326 and (EU) 2022/2327 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 29 April 2023, 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, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
* No constitutional requirements indicated.
2/2 ELI: http://data.europa.eu/eli/dec/2023/2241/oj