HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 116/2
EN
Official Journal of the European Union
28.4.2012
COUNCIL DECISION
of 24 April 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
(2012/227/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) In
order
to
reduce
the
problems
alcohol
consumption
may cause, EFTA States may prohibit, on a non-discrimi
Having regard to the Treaty on the Functioning of the European
natory basis, the placing on their national market of
Union, and in particular Article 114 and Article 218(9) thereof,
spirit drinks for direct human consumption which
exceed an alcoholic strength of 60 %.
Having regard to Council Regulation (EC) No 2894/94 of
28 November 1994 concerning arrangements for implementing
the Agreement on the European Economic Area (
(7) Due
to
the
special
features
of
the
system
of
registration

1 ), and in
particular Article 1(3) thereof,
of geographical indications for spirit drinks and the fact
that a very low number of registrations are expected
Having regard to the proposal from the European Commission,
from the EFTA States, paragraph 4(d) of Protocol 1 to
the EEA Agreement is not to be applied for these
Whereas:
matters. As a consequence, the procedures for application
and registration of geographical indications will be
(1) Annex
II
to
the
Agreement
on
the
European
Economic
carried out by the Commission also in relation to appli
Area (
cations from the EFTA states which are parties to the

2 ) (‘the EEA Agreement’), contains specific
provisions and arrangements concerning technical regu
EEA Agreement.
lations, standards, testing and certification.
(8) The
position
of
the
Union
in
the
EEA
Joint
Committee
(2) Regulation
(EC)
No
110/2008
of
the
European
should therefore be based on the attached draft Decision,
Parliament and of the Council of 15 January 2008 on
the definition, description, presentation, labelling and the
protection of geographical indications of spirit drinks (
HAS ADOPTED THIS DECISION:

3 )
should be incorporated into the EEA Agreement.
Article 1
(3) Commission
Recommendation
2010/133/EU
of
2
March
2010 on the prevention and reduction of ethyl
The position to be taken by the European Union within the
carbamate contamination in stone fruit spirits and
EEA Joint Committee on the proposed amendments to Annex II
stone fruit marc spirits and on the monitoring of ethyl
(Technical regulations, standards, testing and certification) to the
carbamate levels in these beverages ( 4 ) should be incor
EEA Agreement shall be based on the draft Decision of the EEA
porated into the EEA Agreement.
Joint Committee attached to this Decision.
(4) Regulation
(EC)
No
110/2008
repealed
Council
Regu
Article 2
lation (EEC) No 1576/89 of 29 May 1989 laying
down general rules on the definition, description and
This Decision shall enter into force on the day of its adoption.
presentation of spirit drinks ( 5 ) which is incorporated
into the EEA Agreement and should therefore be
repealed under the EEA Agreement.
Done at Luxembourg, 24 April 2012.
(5) Commission
Regulation
(EEC)
No
1014/90
of
24
April
1990 laying down detailed implementing rules on the
definition, description and presentation of spirit
For the Council
drinks ( 6 ), which is incorporated into the EEA Agreement,
has become obsolete (
The President

7 ) and should therefore be deleted
from the EEA Agreement.
N. WAMMEN
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 39, 13.2.2008, p. 16.
( 4 ) OJ L 52, 3.3.2010, p. 53.
( 5 ) OJ L 160, 12.6.1989, p. 1.
( 6 ) OJ L 105, 25.4.1990, p. 9.
( 7 ) OJ C 30, 6.2.2009, p. 18.

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EN
28.4.2012 Official
Journal
of
the
European
Union L
116/3
DRAFT
DECISION No …/2012 OF THE EEA JOINT COMMITTEE
of …
amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement
THE EEA JOINT COMMITTEE,
to Chapter XXVII of Annex II to the EEA Agreement.
This Decision should therefore not apply to Liechten
Having regard to the Agreement on the European Economic
stein.
Area ( 1 ), as amended by the Protocol adjusting the Agreement
on the European Economic Area, hereinafter referred to as ‘the
(7) Annex
II
to
the
EEA
Agreement
should
be
amended
EEA Agreement’, and in particular Article 98 thereof,
accordingly,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Regulation
(EC)
No
110/2008
of
the
European
Parliament and of the Council of 15 January 2008 on
Article 1
the definition, description, presentation, labelling and the
protection of geographical indications of spirit drinks (
Chapter XXVII of Annex II (Technical regulations, standards,

2 )
should be incorporated into the EEA Agreement.
testing and certification) to the EEA Agreement is hereby

amended as follows:
(2) Commission
Recommendation
2010/133/EU
of
2
March
2010 on the prevention and reduction of ethyl
(1) The text of point 1 (Council Regulation (EEC) No 1576/89)
carbamate contamination in stone fruit spirits and
and point 2 (Commission Regulation (EEC) No 1014/90) is
stone fruit marc spirits and on the monitoring of ethyl
deleted.
carbamate levels in these beverages ( 3 ) should be incor
porated into the EEA Agreement.
(2) The following points are inserted:
(3) Regulation
(EC)
No
110/2008
repealed
Council
Regu
lation (EEC) No 1576/89 of 29 May 1989 laying
‘9. 32008 R 0110: Regulation (EC) No 110/2008 of the
down general rules on the definition, description and
European Parliament and of the Council of 15 January
presentation of spirit drinks (
2008 on the definition, description, presentation,

4 ) which is incorporated
into the EEA Agreement and should therefore be
labelling and the protection of geographical indications
repealed under the EEA Agreement.
of spirit drinks (OJ L 39, 13.2.2008, p. 16), as
amended by:
(4) Commission
Regulation
(EEC)
No
1014/90
( 5 ), which is
incorporated into the EEA Agreement, has become obsol
— 32008 R 1334: Regulation (EC) No 1334/2008 of
ete ( 6 ) and should therefore be deleted from the EEA
the European Parliament and of the Council of
Agreement.
16 December 2008 on flavourings and certain
food ingredients with flavouring properties for use
(5)
Due to the special features of the system of registration
in and on foods (OJ L 354, 31.12.2008, p. 34).
of geographical indications for spirit drinks and the fact
that a very low number of registrations are expected
The provisions of Regulation (EC) No 110/2008 shall,
from the EFTA States, it seems reasonable to disapply
for the purposes of this Agreement, be read with the
paragraph 4(d) of Protocol 1 to the EEA Agreement for
following adaptations:
these matters. This shall be without prejudice to other
Joint Committee Decisions.
(a) The provisions of Regulation (EC) No 110/2008
(6) This
Decision
concerns
legislation
regarding
spirit
drinks.
shall not prejudice the right of the EFTA States to
Legislation regarding spirit drinks does not apply to
prohibit, on a non-discriminatory basis, the placing
Liechtenstein as long as the application of the
on their national market of spirit drinks for direct
Agreement between the European Community and the
human consumption which exceed an alcoholic
Swiss Confederation on trade in agricultural products (
strength of 60 %.

7 )
is extended to Liechtenstein, as stated in the introduction
(b) The EFTA States shall be invited to send observers
( 1 ) OJ L 1, 3.1.1994, p. 3.
to the meetings of the Committee for Spirit Drinks,
( 2 ) OJ L 39, 13.2.2008, p. 16.
as referred to in Article 25, dealing with matters
( 3 ) OJ L 52, 3.3.2010, p. 53.
which fall within acts referred to in the EEA
( 4 ) OJ L 160, 12.6.1989, p. 1.
Agreement. The representatives of the EFTA States
( 5 ) OJ L 105, 25.4.1990, p. 9.
( 6 ) OJ C 30, 6.2.2009, p. 18.
shall participate fully in the work of that
( 7 ) OJ L 114, 30.4.2002, p. 132.
Committee, but shall not have the right to vote.

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L 116/4
EN
Official Journal of the European Union
28.4.2012
(c) Paragraph 4(d) of Protocol 1 to the EEA Agreement
10. 32010 H 0133: Commission Recommendation
shall not apply to Chapter III of Regulation (EC) No
2010/133/EU of 2 March 2010 on the prevention
110/2008.
and reduction of ethyl carbamate contamination in
stone fruit spirits and stone fruit marc spirits and on
(d) The following is added in Annex III to Regulation
the monitoring of ethyl carbamate levels in these
(EC) No 110/2008:
beverages (OJ L 52, 3.3.2010, p. 53).’.
Country of
origin (the
Article 2
precise
Product
geographical
The texts of Regulation (EC) No 110/2008 and of Recommen
category
Geographical indication
origin is
dation 2010/133/EU in the Icelandic and Norwegian languages,
described in
the technical
to be published in the EEA Supplement to the Official Journal of
file)
the European Union, shall be authentic.
15. Vodka slenskt
Vodka/Icelandic Iceland
Vodka
Article 3
Norsk Vodka/Norwegian
Norway
Vodka
This Decision shall enter into force on […], provided that all
the notifications under Article 103(1) of the EEA Agreement
24. Akvavit/ slensktBrennivín/Icelandic
Iceland
have been made to the EEA Joint Committee (*).
aquavit
Aquavit
Norsk akevitt/Norsk
Norway
Aquavit/Norsk
Article 4
Akvavit/Norwegian Aquavit
This Decision shall be published in the EEA Section of, and in
the EEA Supplement to, the Official Journal of the European
Other spirit The geographical
drinks
indications mentioned
Union.
under this point concern
products which are not
defined in Regulation (EC)
No 110/2008. Therefore,
they must be completed
Done at …, …
with the sales description
“spirit drink”.
The EFTA States
producing these spirit
For the EEA Joint Committee
drinks shall inform the
other Contracting Parties
of the national definitions
of these products.
The Secretaries
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]

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