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26.4.2013 Official
Journal
of
the
European
Union L
116/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 22 April 2013
on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee,
concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to
the EEA Agreement
(2013/200/EU)
THE COUNCIL OF THE EUROPEAN UNION,
residue levels of pesticides and to assess the consumer
exposure to pesticide residues in and on food of plant
and animal origin ( 3 ) should be incorporated into the
EEA Agreement.
Having regard to the Treaty on the Functioning of the European

Union, and in particular Articles 43(2) and 168(4)(b), in
conjunction with Article 218(9) thereof,
(5) Commission Implementing Regulation (EU) No
1274/2011 of 7 December 2011 concerning a coor
dinated multiannual control programme of the Union
Having regard to Council Regulation (EC) No 2894/94 of
for 2012, 2013 and 2014 to ensure compliance with
28 November 1994 concerning arrangements for implementing
maximum residue levels of pesticides and to assess the
the Agreement on the European Economic Area ( 1 ), and in
consumer exposure to pesticide residues in and on food
particular Article 1(3) thereof,
of plant and animal origin ( 4 ) is incorporated into the
EEA Agreement with certain adaptations for Iceland
and Norway.
Having regard to the proposal from the European Commission,
(6) Those
adaptations
should
be
carried
over
to
Imple
menting Regulation (EU) No 788/2012. They concern
Whereas:
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.
(1) The
Agreement
on
the
European
Economic
Area
( 2 ) (‘the
EEA Agreement’) entered into force on 1 January 1994.
(7) Annex
II
to
the
EEA
Agreement
should
therefore
be
amended accordingly.
(2)
Pursuant to Article 98 of the EEA Agreement, the EEA
Joint Committee may decide to amend, inter alia, Annex
(8) The
position
of
the
Union
in
the
EEA
Joint
Committee
II thereto.
should be based on the attached draft Decision,
(3) Annex
II
to
the
EEA
Agreement
contains
specific HAS ADOPTED THIS DECISION:
provisions and arrangements concerning technical regu
lations, standards, testing and certification.
Article 1
The position to be adopted, on behalf of the European Union,
(4) Commission Implementing Regulation (EU) No in the EEA Joint Committee on the proposed amendment to
788/2012 of 31 August 2012 concerning a coordinated
Annex II (Technical πregulations, standards, testing and certifi
multiannual control programme of the Union for 2013,
cation) to the EEA Agreement shall be based on the draft
2014 and 2015 to ensure compliance with maximum
Decision of the EEA Joint Committee attached to this Decision.
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 3 ) OJ L 235, 1.9.2012, p. 8.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 4 ) OJ L 325, 8.12.2011, p. 24.

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L 116/2
EN
Official Journal of the European Union
26.4.2013
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 22 April 2013.
For the Council
The President
E. GILMORE

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EN
26.4.2013 Official
Journal
of
the
European
Union L
116/3
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …/2013
of …
amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement
THE EEA JOINT COMMITTEE,
with maximum residue levels of pesticides and to assess
the consumer exposure to pesticide residues in and on
Having regard to the Agreement on the European Economic
food of plant and animal origin (OJ L 235, 1.9.2012,
Area (‘the EEA Agreement’), and in particular Article 98 thereof,
p. 8).
Whereas:
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
(1) Commission Implementing Regulation (EU) No
788/2012 of 31 August 2012 concerning a coordinated
(a) The following shall be added in Article 1:
multiannual control programme of the Union for 2013,
2014 and 2015 to ensure compliance with maximum
‘Iceland may for the years 2013, 2014 and 2015
residue levels of pesticides and to assess the consumer
continue to sample and analyse for the same 61
exposure to pesticide residues in and on food of plant
pesticides as monitored in foodstuffs on its market in
and animal origin ( 1 ) is to be incorporated into the EEA
2012.’
Agreement.
(b) The following shall be added in point 5 of Annex II:
(2) Regulation
(EU)
No
788/2012
repeals
Commission
Implementing Regulation (EU) No 1274/2011 ( 2 ), which
“IS 12
(*)
is incorporated into the EEA Agreement, and which is
15 (**)
consequently to be repealed under the EEA Agreement.
NO 12
(*)
(3) This
Decision
concerns
legislation
regarding
foodstuffs.
15 (**)” ’.
Legislation regarding foodstuffs shall not apply to Liech
tenstein as long as the application of the Agreement
between the European Community and the Swiss
Article 2
Confederation on trade in agricultural products is
extended to Liechtenstein, as specified in the introduction
The texts of Regulation (EU) No 788/2012 in the Icelandic and
to Chapter XII of Annex II to the EEA Agreement. This
Norwegian languages, to be published in the EEA Supplement
Decision is therefore not to apply to Liechtenstein.
to the Official Journal of the European Union, shall be authentic.

(4) Annex
II
to
the
EEA
Agreement
should
therefore
be
Article 3
amended accordingly,
This Decision shall enter into force on …, provided that all the
notifications under Article 103(1) of the EEA Agreement have
HAS ADOPTED THIS DECISION:
been made (*).
Article 1
Article 4
Chapter XII of Annex II to the EEA Agreement shall be
This Decision shall be published in the EEA Section of, and in
amended as follows:
the EEA Supplement to, the Official Journal of the European
1. The text of point 68 (Commission Implementing Regulation
Union.
(EC) No 1274/2011) is deleted.
2. The following is inserted after point 71 (Commission Regu
Done at Brussels,
lation (EU) No 378/2012):
‘72. 32012 R 0788: Commission Implementing Regulation
(EU) No 788/2012 of 31 August 2012 concerning a
coordinated multiannual control programme of the
For the EEA Joint Committee
The Secretaries
Union for 2013, 2014 and 2015 to ensure compliance
The President
to the EEA Joint Committee
( 1 ) OJ L 235, 1.9.2012, p. 8.
(*) [No constitutional requirements indicated.] [Constitutional
( 2 ) OJ L 325, 8.12.2011, p. 24.
requirements indicated.]

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