Agreement on the European Economic Area

IV. Chemicals, industrial risk and biotechnology

22. 376 L 0403: Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (OJ No L 108, 26.4.1976, p. 41).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

The EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date.

23. 382 L 0501: Council Directive 82/501/EEC of 24 June 1982 on the major accident hazards of certain industrial activities (OJ No L 230, 5.8.1982, p. 1), as amended by:

• 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 219),

• 387 L 0216: Council Directive 87/216/EEC of 19 March 1987 (OJ No L 85, 28.3.1987, p. 36),

• 388 L 0610: Council Directive 88/610/EEC of 24 November 1988 (OJ No L 336, 7.12.1988, p. 14).

24. 390 L 0219: Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ No L 117, 8.5.1990, p. 1).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995.

25. 390 L 0220: Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ No L 117, 8.5.1990, p. 15).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995;

(b)

Article 16 shall be replaced by the following:

‘1. Where a Contracting Party has justifiable reasons to consider that a product which has been properly notified and has received written consent under this Directive constitutes a risk to human health or the environment, it may restrict or prohibit the use and/or sale of that product on its territory. It shall immediately inform the other Contracting Parties through the EEA Joint Committee of such action and give reasons for its decision.

2. If a Contracting Party so requires, consultations on the appropriateness of the measures taken shall take place in the EEA Joint Committee. Part VII of the Agreement shall apply.’;

(c)

The Contracting Parties agree that the Directive only covers aspects relating to the potential risks to humans, plants, animals and the environment.

The EFTA States therefore reserve the right to apply their national legislation in this area in relation to other concerns than health and environment, in so far as it is compatible with this Agreement.