Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 9/2022 of 4 February 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1057]
Executive Summary:
EEA Joint Committee Decision No. 9/2022 amends Annex II to the EEA Agreement to incorporate EU regulations and decisions regarding a traceability system and security features for tobacco products. This includes Delegated Regulation EU 2018/573, Implementing Regulation EU 2018/574, and Implementing Decision EU 2018/576. The decision adjusts certain dates for EFTA States based on the entry into force of this decision on either February 5, 2022, or the entry into force of Decision No. 6/2022, whichever is later.
Key Points / Main Content:
* **Incorporation of EU Regulations and Decisions:**
* Commission Delegated Regulation (EU) 2018/573 on data storage contracts for tobacco traceability is incorporated.
* Commission Implementing Regulation (EU) 2018/574 on technical standards for tobacco traceability is incorporated, including corrections from OJ L 252, 8.10.2018, p. 47.
* Commission Implementing Decision (EU) 2018/576 on technical standards for security features on tobacco products is incorporated.
* **Adaptations for EFTA States:**
* Specific dates in Articles 76a, 76b, 371, and 372 of Regulation EU 2018/574 are adjusted for EFTA States, referencing the entry into force of this decision.
* Specific dates in Articles 34, 43, 91, and 92 of Decision EU 2018/576 are adjusted for EFTA States, referencing the entry into force of this decision.
* **Authentic Texts:**
* Icelandic and Norwegian language versions of the incorporated regulations and decision will be published in the EEA Supplement to the Official Journal and are authentic.
* **Entry into Force:**
* The decision enters into force on February 5, 2022, if all notifications under Article 103(1) of the EEA Agreement have been made, or on the entry into force of Decision No. 6/2022, whichever is later.
Impact Analysis:
* **EFTA States:**
* *Impact:* EFTA States must implement the EU regulations and decisions on tobacco traceability and security features, adhering to the adjusted timelines.
* *Action Required:* EFTA States need to align their national regulations and systems with the incorporated EU legislation, considering the adapted dates based on the entry into force of this decision.
* **Tobacco Industry within the EEA:**
* *Impact:* The tobacco industry operating within the EEA is subject to the new traceability and security feature requirements for tobacco products.
* *Action Required:* The tobacco industry must comply with the technical standards and data storage requirements outlined in the incorporated regulations and decision.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending Annex II of the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Commission Delegated Regulation EU 2018/573: A regulation on key elements of data storage contracts for tobacco product traceability, to be incorporated into the EEA Agreement.
Commission Implementing Regulation EU 2018/574: A regulation on technical standards for tobacco product traceability, to be incorporated into the EEA Agreement.
Commission Implementing Decision EU 2018/576: A decision on technical standards for security features applied to tobacco products, to be incorporated into the EEA Agreement.
Annex II to the EEA Agreement: Technical regulations, standards, testing and certification to the EEA Agreement.
EFTA States: European Free Trade Association States referenced in the context of adaptations to regulations within the EEA Agreement.
Brussels: The city where the EEA Joint Committee decision was made.
L 175/18 EN Official Journal of the European Union 30.6.2022
DECISION OF THE EEA JOINT COMMITTEE No 9/2022
of 4 February 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1057]
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 Regulation (EU) 2018/573 of 15 December 2017on key elements of data storage contracts
to be concluded as part of a traceability system for tobacco products(1) is to be incorporated into the EEA
Agreement.
(2) Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the
establishment and operation of a traceability system for tobacco products(2), as corrected by OJ L 252, 8.10.2018,
p. 47, is to be incorporated into the EEA Agreement.
(3) Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security
features applied to tobacco products(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 is inserted after point 3h (Commission Implementing Regulation (EU) 2016/779) of Chapter XXV of Annex II
to the EEA Agreement:
‘3i. 32018 R 0573: Commission Delegated Regulation (EU) 2018/573 of 15 December 2017 on key elements of data
storage contracts to be concluded as part of a traceability system for tobacco products (OJ L 96, 16.4.2018, p. 1).
3j. 32018 R 0574: Commission Implementing Regulation (EU) 2018/574 of 15 December 2017on technical standards
for the establishment and operation of a traceability system for tobacco products (OJ L 96, 16.4.2018, p. 7), as
corrected by OJ L 252, 8.10.2018, p. 47.
The provisions of the Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations:
(a) In Article 7(6)(a), as regards the EFTA States, the words “20 May 2020” shall read “sixteen months after the entry
into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
In Article 7(6)(a), as regards the EFTA States, the words “calendar year 2019” shall read “calendar year in which the
Decision of the EEA Joint Committee No 9/2022 of 4 February 2022enters into force”.
(b) In Article 7(6)(b), as regards the EFTA States, the words “20 May 2021” shall read “two years after the entry into
force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
(1) OJ L 96, 16.4.2018, p. 1.
(2) OJ L 96, 16.4.2018, p. 7.
(3) OJ L 96, 16.4.2018, p. 57.30.6.2022 EN Official Journal of the European Union L 175/19
(c) In Article 37(1), as regards the EFTA States, the words “20 May 2019” shall read “sixteen months after the entry
into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
In Article 37(1), as regards the EFTA States, the words “20 May 2020” shall read “two years and four months after
the entry into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
(d) In Article 37(2), as regards the EFTA States, the words “20 May 2024” shall read “five years after the entry into
force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”,
In Article 37(2), as regards the EFTA States, the words “20 May 2026” shall read “seven years after the entry into
force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
3k. 32018 D 0576: Commission Implementing Decision (EU) 2018/576 of 15 December 2017on technical standards for
security features applied to tobacco products (OJ L 96, 16.4.2018, p. 57).
The provisions of the Decision shall, for the purposes of the EEA Agreement, be read with the following adaptations:
(a) In Article 3(4), as regards the EFTA States, the words “20 September 2018” shall read “eight months after the entry
into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
(b) In Article 4(3), as regards the EFTA States, the words “20 September 2018” shall read “eight months after the entry
into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
(c) In Article 9(1), the words “20 May 2019” shall, as regards the EFTA States, read “sixteen months after the date of
the entry into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”,
In Article 9(1), the words “20 May 2020” shall, as regards the EFTA States, read “two years and four months after
the date of the entry into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.
(d) In Article 9(2), the words “20 May 2024” shall, as regards the EFTA States, read “five years after the date of the
entry into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”,
In Article 9(2), the words “20 May 2026” shall, as regards the EFTA States, read “seven years after the date of the
entry into force of Decision of the EEA Joint Committee No 9/2022 of 4 February 2022”.’
Article 2
The texts of Delegated Regulation (EU) 2018/573, Implementing Regulation (EU) 2018/574, as corrected by OJ L 252,
8.10.2018, p. 47, and Implementing Decision (EU) 2018/576 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 5 February 2022, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*, or on the day of the entry into force of Decision of the EEA Joint Committee No 6/2022 of
4 February 2022(4), whichever is the later.
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.
(*) No constitutional requirements indicated.
(4) See page 12 of this Official Journal.L 175/20 EN Official Journal of the European Union 30.6.2022
Done at Brussels, 4 February 2022.
For the EEA Joint Committee
The President
Nicolas VON LINGEN