http://www.legislation.gov.uk/id/eudn/2012/442

DRAFT DECISION OF THE EEA JOINT COMMITTEE No …/… of amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

Council Decision

of 24 July 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

(2012/442/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 168(4)(b), in conjunction with 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 Area1, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Agreement on the European Economic Area2 (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, among others, Annex II to the EEA Agreement.

(3)

Annex II to the EEA Agreement contains provisions and arrangements concerning technical regulations, standards, testing and certification.

(4)

Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin3 is to be incorporated into the EEA Agreement.

(5)

Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin4 was incorporated into the EEA Agreement with certain adaptations for the EEA EFTA States.

(6)

Since the Regulation (EC) No 1213/2008 has been repealed and should consequently be repealed under the EEA Agreement, those adaptations should be carried over to Implementing Regulation (EU) No 1274/2011. They concern the number of pesticides to be monitored by Iceland and the number of samples of each product to be taken and analysed by Iceland and Norway and take into account, in particular, the limited capacity of Icelandic laboratories.

(7)

Annex II to the EEA Agreement should therefore be amended accordingly.

(8)

The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION: