THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, Article 168(4)(b) and Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area, and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Annex II to the Agreement on the European Economic Area (‘the EEA Agreement’) contains specific provisions and arrangements concerning technical regulations, standards, testing and certification.
(2)
Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin should be incorporated into the EEA Agreement. Regulation (EC) No 470/2009 repealed Council Regulation (EEC) No 2377/90 and amended Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council. Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as corrected in OJ L 293, 11.11.2010, p. 72, should also be incorporated into the EEA Agreement.
(3)
Annex II to the EEA Agreement should therefore be amended accordingly.
(4)
The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION: