Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 87/2023 of 28 April 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2242]
Executive Summary:
This EEA Joint Committee Decision No. 87/2023 amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations and Decisions regarding biocidal products. These changes concern the approval, renewal, or cancellation of specific active substances. The decision entered into force on April 29, 2023, following notification under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
Incorporation of Implementing Regulations and Decisions:
* Commission Implementing Regulation (EU) 2022/1950 renewing the approval of creosote is incorporated.
* Commission Implementing Regulation (EU) 2022/1990 cancelling the approval of tolylfluanid is incorporated.
* Commission Implementing Regulation (EU) 2022/1992 approving Chrysanthemum cinerariaefolium extract (hydrocarbon solvents) is incorporated.
* Commission Implementing Regulation (EU) 2022/1993 approving Chrysanthemum cinerariaefolium extract (supercritical carbon dioxide) is incorporated.
* Commission Implementing Regulation (EU) 2022/2048 approving L-lactic acid is incorporated.
* Commission Implementing Decision (EU) 2022/2005 not approving methylene dithiocyanate is incorporated.
* Commission Implementing Decision (EU) 2022/2054 regarding unresolved objections for Preventol A 12 TK 50 is incorporated.
Repeal of Previous Regulations/Decisions:
* Commission Implementing Regulation (EU) 2016/1087 is repealed.
* Commission Implementing Decision (EU) 2021/1839 is repealed.
Amendment to Annex II:
* Chapter XV of Annex II to the EEA Agreement is amended to reflect the incorporations and repeals.
Authentic Languages:
* The Icelandic and Norwegian language versions of the incorporated regulations and decisions are authentic.
Entry into Force:
* The Decision entered into force on April 29, 2023, after notifications under Article 103(1) of the EEA Agreement.
Impact Analysis:
EEA Member States:
* Impact: Required to implement the updated regulations concerning biocidal products within their jurisdictions.
* Action Required: Ensure national regulations align with the amended Annex II of the EEA Agreement.
Biocidal Product Manufacturers/Suppliers:
* Impact: Affected by changes in approved active substances, potentially needing to adjust product formulations or withdraw products.
* Action Required: Comply with the new regulations, including reformulating products if necessary, and ensuring continued compliance for approved substances.
European Commission:
* Impact: Responsible for the ongoing oversight and enforcement of biocidal product regulations within the EEA.
* Action Required: Monitor implementation by member states and address any issues arising from the new regulations.
Key Entities Referenced
European Economic Area: An agreement that extends the European Union's single market to non-EU member states.
EEA Agreement: Agreement on the European Economic Area
Regulation EU No 528/2012: Regulation of the European Parliament and of the Council concerning the making available on the market and use of biocidal products.
Commission Implementing Regulation EU 2022/1950: Commission Implementing Regulation renewing the approval of creosote as an active substance for use in biocidal products of product-type 8.
Commission Implementing Regulation EU 2022/1990: Commission Implementing Regulation cancelling the approval of tolylfluanid as an active substance for use in biocidal products of product-type 7.
Commission Implementing Regulation EU 2022/1992: Commission Implementing Regulation approving Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with hydrocarbon solvents as an active substance for use in biocidal products of product-type 19.
Commission Implementing Regulation EU 2022/2048: Commission Implementing Regulation approving L-lactic acid as an existing active substance for use in biocidal products of product-type 6.
Brussels: The city where the EEA Joint Committee decision was made.
Official Journal EN
of the European Union L series
2023/2242 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 87/2023
of 28 April 2023
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/2242]
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 Regulation (EU) 2022/1950 of 14 October 2022renewing the approval of creosote as
an active substance for use in biocidal products of product-type 8 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 Regulation (EU) 2022/1990 of 20 October 2022cancelling the approval of tolylfluanid
as an active substance for use in biocidal products of product-type 7 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 Regulation (EU) 2022/1992 of 20 October 2022 approving Chrysanthemum
cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with hydrocarbon
solvents 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(3)is to be incorporated into the EEA Agreement.
(4) Commission Implementing Regulation (EU) 2022/1993 of 20 October 2022 approving Chrysanthemum
cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with supercritical carbon
dioxide 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(4)is to be incorporated into the EEA Agreement.
(5) Commission Implementing Regulation (EU) 2022/2048 of 24 October 2022 approving L-(+)-lactic acid as an
existing active substance for use in biocidal products of product-type 6 in accordance with Regulation (EU)
No 528/2012 of the European Parliament and of the Council(5)is to be incorporated into the EEA Agreement.
(6) Commission Implementing Decision (EU) 2022/2005 of 21 October 2022not approving methylene dithiocyanate
as an existing active substance for use in biocidal products of product-type 12 in accordance with Regulation (EU)
No 528/2012 of the European Parliament and of the Council(6)is to be incorporated into the EEA Agreement.
(7) Commission Implementing Decision (EU) 2022/2054 of 21 October 2022on the unresolved objections regarding
the conditions for granting an authorisation for the biocidal product Preventol A 12 TK 50 in accordance with
Regulation (EU) No 528/2012 of the European Parliament and of the Council(7)is to be incorporated into the EEA
Agreement.
(8) Implementing Regulation (EU) 2022/1950 repeals Commission Implementing Decision (EU) 2021/1839(8), which
is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
(1) OJ L 269, 17.10.2022, p. 1.
(2) OJ L 273, 21.10.2022, p. 9.
(3) OJ L 273, 21.10.2022, p. 14.
(4) OJ L 273, 21.10.2022, p. 17.
(5) OJ L 275, 25.10.2022, p. 60.
(6) OJ L 274, 24.10.2022, p. 76.
(7) OJ L 275, 25.10.2022, p. 77.
(8) OJ L 372, 20.10.2021, p. 27.
ELI: http://data.europa.eu/eli/dec/2023/2242/oj 1/3EN
OJ L, 9.11.2023
(9) Implementing Regulation (EU) 2022/1990 repeals Commission Implementing Regulation (EU) 2016/1087(9),
which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
(10) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Chapter XV of Annex II to the EEA Agreement shall be amended as follows:
1. The text of point 12zzzq (Commission Implementing Regulation (EU) 2016/1087) is replaced by the following:
‘32022 R 1990: Commission Implementing Regulation (EU) 2022/1990 of 20 October 2022 cancelling the
approval of tolylfluanid as an active substance for use in biocidal products of product-type 7 in accordance with
Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 273, 21.10.2022, p. 9).’
2. The text of point 12zzzzzzzp (Commission Implementing Decision (EU) 2021/1839) is replaced by the following:
‘32022 R 1950: Commission Implementing Regulation (EU) 2022/1950 of 14 October 2022renewing the approval
of creosote as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU)
No 528/2012 of the European Parliament and of the Council (OJ L 269, 17.10.2022, p. 1).’
3. The following points are inserted after point 12zzzzzzzzr (Commission Implementing Decision (EU) 2022/2327):
‘12zzzzzzzzs. 32022 R 1992: Commission Implementing Regulation (EU) 2022/1992 of 20 October 2022approving
Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium
obtained with hydrocarbon solvents 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 273, 21.10.2022, p. 14).
12zzzzzzzzt. 32022 R 1993: Commission Implementing Regulation (EU) 2022/1993 of 20 October 2022approving
Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium
obtained with supercritical carbon dioxide 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 273, 21.10.2022, p. 17).
12zzzzzzzzu. 32022 D 2005: Commission Implementing Decision (EU) 2022/2005 of 21 October 2022 not
approving methylene dithiocyanate as an existing active substance for use in biocidal products of
product-type 12 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of
the Council (OJ L 274, 24.10.2022, p. 76).
12zzzzzzzzv. 32022 R 2048: Commission Implementing Regulation (EU) 2022/2048 of 24 October 2022approving
L-(+)-lactic acid as an existing active substance for use in biocidal products of product-type 6 in
accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council
(OJ L 275, 25.10.2022, p. 60).
12zzzzzzzzw. 32022 D 2054: Commission Implementing Decision (EU) 2022/2054 of 21 October 2022 on the
unresolved objections regarding the conditions for granting an authorisation for the biocidal product
Preventol A 12 TK 50 in accordance with Regulation (EU) No 528/2012 of the European Parliament
and of the Council (OJ L 275, 25.10.2022, p. 77).’
(9) OJ L 180, 6.7.2016, p. 18.
2/3 ELI: http://data.europa.eu/eli/dec/2023/2242/ojEN
OJ L, 9.11.2023
Article 2
The texts of Implementing Regulations (EU) 2022/1950, (EU) 2022/1990, (EU) 2022/1992, (EU) 2022/1993 and
(EU) 2022/2048 and Implementing Decisions (EU) 2022/2005 and (EU) 2022/2054 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.
ELI: http://data.europa.eu/eli/dec/2023/2242/oj 3/3