HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 309/4
EN
Official Journal of the European Union
8.11.2012
DECISION OF THE EEA JOINT COMMITTEE
No 126/2012
of 13 July 2012
amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement
THE EEA JOINT COMMITTEE,
of products imported from third countries ( 5 ) which is
incorporated into the EEA Agreement. The EEA
Agreement should therefore be amended to take
Having regard to the Agreement on the European Economic
account of Regulation (EC) No 765/2008.
Area, as amended by the Protocol adjusting the Agreement
on the European Economic Area, and in particular Article 98
thereof,
(7) Decision
No
768/2008/EC
repeals
Council
Decision
93/465/EEC of 22 July 1993 concerning the modules
for the various phases of the conformity assessment
Whereas:
procedures and the rules for the affixing and use of the
CE conformity marking, which are intended to be used in
the technical harmonization directives ( 6 ) which is incor
(1) Regulation
(EC)
No
764/2008
of
the
European
porated into the EEA Agreement. The EEA Agreement
Parliament and of the Council of 9 July 2008 laying
should therefore be amended to take account of
down procedures relating to the application of certain
Decision No 768/2008/EC.
national technical rules to products lawfully marketed
in another Member State ( 1 ) is to be incorporated into
the Agreement on the European Economic Area (‘EEA
(8) Annex
II
to
the
EEA
Agreement
should
therefore
be
Agreement’).
amended accordingly,
(2) Regulation
(EC)
No
765/2008
of
the
European HAS ADOPTED THIS DECISION:
Parliament and of the Council of 9 July 2008 setting
out the requirements for accreditation and market
surveillance relating to the marketing of products (
Article 1

2 ) is
to be incorporated into the EEA Agreement.
Chapter XIX of Annex II to the EEA Agreement shall be
amended as follows:
(3) Decision
No
768/2008/EC
of
the
European
Parliament
and of the Council of 9 July 2008 on a common
(1) the text of point 3b (Council Regulation (EEC) No 339/93)
framework for the marketing of products ( 3 ) is to be
shall be replaced by the following:
incorporated into the EEA Agreement.
‘32008 R 0765: Regulation (EC) No 765/2008 of the
(4) Decision
No
768/2008/EC
sets
out
common
principles
European Parliament and of the Council of 9 July 2008
and reference provisions for future legislation
setting out the requirements for accreditation and market
harmonising the conditions for the marketing of
surveillance relating to the marketing of products and
products and a reference text for existing legislation.
repealing Regulation (EEC) No 339/93 (OJ L 218,
13.8.2008, p. 30).
(5) Regulation
(EC)
No
764/2008
repeals
Decision
No
3052/95/EC of the European Parliament and of the
The provisions of the Regulation shall, for the purposes of
Council of 13 December 1995 establishing a procedure
this Agreement, be read with the following adaptations:
for the exchange of information on national measures
derogating from the principle of the free movement of
goods within the Community ( 4 ) which is incorporated
(a) The following shall be added at the end of Article 4(2):
into the EEA Agreement. The EEA Agreement should
therefore be amended to take account of Regulation
(EC) No 764/2008.
“Liechtenstein shall also have recourse to the national
accreditation body of Switzerland for the product
sectors covered by the Agreement between the
(6) Regulation
(EC)
No
765/2008
repeals
Council
Regulation
European Community and the Swiss Confederation on
(EEC) No 339/93 of 8 February 1993 on checks for
mutual recognition in relation to conformity assessment
conformity with the rules on product safety in the case
and in respect of which EU and Swiss requirements are
deemed equivalent pursuant to Article 1(2) and (3) of
that Agreement”;
( 1 ) OJ L 218, 13.8.2008, p. 21.
( 2 ) OJ L 218, 13.8.2008, p. 30.
( 3 ) OJ L 218, 13.8.2008, p. 82.
( 5 ) OJ L 40, 17.2.1993, p. 1.
( 4 ) OJ L 321, 30.12.1995, p. 1.
( 6 ) OJ L 220, 30.8.1993, p. 23.

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EN
8.11.2012 Official
Journal
of
the
European
Union L
309/5
(b) products exported from Liechtenstein to the other
(4) the following shall be inserted in point 3h (Directive
Contracting Parties may be subjected to border
2001/95/EC of the European Parliament and of the
controls according to Articles 27-29.’;
Council):
(2) the text of point 3d (Council Decision 93/465/EEC) shall be
‘, as amended by:
replaced by the following:
— 32008 R 0765: Regulation (EC) No 765/2008 of the
‘32008 D 0768: Decision No 768/2008/EC of the
European Parliament and of the Council of 9 July 2008
European Parliament and of the Council of 9 July 2008
(OJ L 218, 13.8.2008, p. 30).’.
on a common framework for the marketing of products,
and repealing Council Decision 93/465/EEC (OJ L 218,
13.8.2008, p. 82).’;
Article 2
The texts of Regulations (EC) No 764/2008 and (EC) No
(3) the text of point 3f (Decision No 3052/95/EC of the
765/2008 and Decision No 768/2008/EC in the Icelandic and
European Parliament and of the Council) shall be replaced
Norwegian languages, to be published in the EEA Supplement
by the following:
to the Official Journal of the European Union, shall be authentic.
‘32008 R 0764: Regulation (EC) No 764/2008 of the
Article 3
European Parliament and of the Council of 9 July 2008
laying down procedures relating to the application of
This Decision shall enter into force on 14 July 2012, provided
certain national technical rules to products lawfully
that all the notifications under Article 103(1) of the EEA
marketed in another Member State and repealing Decision
Agreement have been made to the EEA Joint Committee (*).
No 3052/95/EC (OJ L 218, 13.8.2008, p. 21).
Article 4
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
This Decision shall be published in the EEA Section of, and in
the EEA Supplement to, the Official Journal of the European
Union.
The Regulation shall only apply to products covered by
Article 8(3) of the Agreement.
Done at Brussels, 13 July 2012.
The Regulation shall not apply to Liechtenstein in relation
to products covered by Annex I, Chapters XII and XXVII of
Annex II and Protocol 47 to the Agreement, as long as the
For the EEA Joint Committee
application of the Agreement between the European
Community and the Swiss Confederation on trade in agri
The President
cultural products is extended to Liechtenstein.’;
Atle LEIKVOLL
(*) Constitutional requirements indicated.

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