Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 89/2023 of 28 April 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2244]
Executive Summary:
EEA Joint Committee Decision No. 89/2023 amends Annex II to the EEA Agreement to incorporate four Commission Regulations (EU) 2022/1438, 2022/1439, 2022/1440, and 2022/1441. These regulations relate to active substances and plant protection products, particularly concerning microorganisms. The decision entered into force on April 29, 2023, following notifications under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
*Amendment to Annex II:*
* Chapter XV of Annex II to the EEA Agreement is amended.
* Point 13 is updated to include Regulation (EU) 2022/1438 concerning specific criteria for the approval of active substances that are microorganisms.
* Point 13b is updated to include Regulation (EU) 2022/1439 regarding information submission for active substances and specific data requirements for microorganisms.
* Point 13c is updated to include Regulation (EU) 2022/1440 regarding information submission for plant protection products and specific data requirements for plant protection products containing microorganisms.
* Point 13d is updated to include Regulation (EU) 2022/1441 regarding specific uniform principles for evaluation and authorization of plant protection products containing microorganisms.
*Authentic Texts:*
* The Icelandic and Norwegian language versions of Regulations (EU) 2022/1438, 2022/1439, 2022/1440 and 2022/1441 are authentic.
*Entry into Force:*
* The decision entered into force on April 29, 2023, contingent upon completion of 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:
*European Economic Area (EEA) Member States:*
*Impact:* Must align their national regulations with the incorporated EU regulations concerning active substances and plant protection products containing microorganisms.
*Action Required:* Implement the provisions of Regulations (EU) 2022/1438, 2022/1439, 2022/1440, and 2022/1441 into their national legal frameworks.
*Manufacturers and Producers of Active Substances and Plant Protection Products:*
*Impact:* Must comply with the new criteria, information submission requirements, and evaluation principles outlined in the incorporated regulations.
*Action Required:* Adapt their practices to meet the updated regulatory standards for products containing microorganisms.
*European Commission:*
*Impact:* Responsible for ensuring that EEA Member States correctly implement and adhere to the incorporated regulations.
*Action Required:* Monitor and enforce compliance with the updated regulations across the EEA.
Key Entities Referenced
European Economic Area: An agreement that extends the European Union's single market to Iceland, Liechtenstein, and Norway.
EEA Joint Committee: The committee responsible for the management of the EEA Agreement.
Commission Regulation EU 2022/1438: A regulation amending Annex II to Regulation (EC) No 1107/2009 regarding specific criteria for the approval of active substances that are microorganisms.
Regulation EC No 1107/2009: Regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market.
Commission Regulation EU 2022/1439: A regulation amending Regulation (EU) No 283/2013 as regards the information to be submitted for active substances and the specific data requirements for microorganisms.
Regulation EU No 283/2013: A commission regulation. Specifies data requirements for active substances.
Commission Regulation EU 2022/1440: A regulation amending Regulation (EU) No 284/2013 as regards the information to be submitted for plant protection products and the specific data requirements for plant protection products containing microorganisms.
Regulation EU No 284/2013: A commission regulation. Specifies data requirements for plant protection products.
Official Journal EN
of the European Union L series
2023/2244 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 89/2023
of 28 April 2023
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/2244]
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 Regulation (EU) 2022/1438 of 31 August 2022amending Annex II to Regulation (EC) No 1107/2009
of the European Parliament and of the Council as regards specific criteria for the approval of active substances that
are micro-organisms(1)is to be incorporated into the EEA Agreement.
(2) Commission Regulation (EU) 2022/1439 of 31 August 2022 amending Regulation (EU) No 283/2013 as regards
the information to be submitted for active substances and the specific data requirements for micro-organisms(2), as
corrected by OJ L 304, 24.11.2022, p. 94, is to be incorporated into the EEA Agreement.
(3) Commission Regulation (EU) 2022/1440 of 31 August 2022 amending Regulation (EU) No 284/2013 as regards
the information to be submitted for plant protection products and the specific data requirements for plant
protection products containing micro-organisms(3), as corrected by OJ L 304, 24.11.2022, p. 97, is to be
incorporated into the EEA Agreement.
(4) Commission Regulation (EU) 2022/1441 of 31 August 2022 amending Regulation (EU) No 546/2011 as regards
specific uniform principles for evaluation and authorisation of plant protection products containing micro-
organisms(4), as corrected by OJ L 304, 24.11.2022, p. 100, is to be incorporated into the EEA Agreement.
(5) 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 following indent is added in point 13 (Regulation (EC) No 1107/2009 of the European Parliament and of the
Council):
‘— 32022 R 1438: Commission Regulation (EU) 2022/1438 of 31 August 2022(OJ L 227, 1.9.2022, p. 2).’
2. The following indent is added in point 13b (Commission Regulation (EU) No 283/2013):
‘— 32022 R 1439: Commission Regulation (EU) 2022/1439 of 31 August 2022 (OJ L 227, 1.9.2022, p. 8), as
corrected by OJ L 304, 24.11.2022.’
3. The following indent is added in point 13c (Commission Regulation (EU) No 284/2013):
‘— 32022 R 1440: Commission Regulation (EU) 2022/1440 of 31 August 2022 (OJ L 227, 1.9.2022, p. 38), as
corrected by OJ L 304, 24.11.2022, p. 97.’
(1) OJ L 227, 1.9.2022, p. 2.
(2) OJ L 227, 1.9.2022, p. 8.
(3) OJ L 227, 1.9.2022, p. 38.
(4) OJ L 227, 1.9.2022, p. 70.
ELI: http://data.europa.eu/eli/dec/2023/2244/oj 1/2EN
OJ L, 9.11.2023
4. The following indent is added in point 13d (Commission Regulation (EU) No 546/2011):
‘— 32022 R 1441: Commission Regulation (EU) 2022/1441 of 31 August 2022 (OJ L 227, 1.9.2022, p. 70), as
corrected by OJ L 304, 24.11.2022, p. 100.’
Article 2
The texts of Regulations (EU) 2022/1438, (EU) 2022/1439, as corrected by OJ L 304, 24.11.2022, (EU) 2022/1440, as
corrected by OJ L 304, 24.11.2022, p. 97, and (EU) 2022/1441, as corrected by OJ L 304, 24.11.2022, p. 100, 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/2023/2244/oj