2012年6月25日理事会决定，关于修订欧洲经济区协议附件II（技术法规、标准、测试和认证），欧盟在欧洲经济区联合委员会应采取的立场
技术法规类型：欧盟Eurlex法规 来源：tbtmap
EURLEX ID：32012D0364
OJ编号：OJ L 177, 7.7.2012, p. 5-8
中文标题：2012年6月25日理事会决定，关于修订欧洲经济区协议附件II（技术法规、标准、测试和认证），欧盟在欧洲经济区联合委员会应采取的立场
原文标题：2012/364/EU: Council Decision of 25 June 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
分类：11.40.10.10_欧洲自由贸易区（EFTA）国家
文件类型：二级立法 Decision|决定
生效日期：2012-06-25
废止日期：2058-12-31
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7.7.2012 Official
Journal
of
the
European
Union L
177/5
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 25 June 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
(2012/364/EU)
THE COUNCIL OF THE EUROPEAN UNION,
harmonising the conditions for the marketing of
products and a reference text for existing legislation.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 43(2), 114(1) and 207(2), in
conjunction with 218(9) thereof,
(5) Regulation
(EC)
No
764/2008
repeals
Decision
No
3052/95/EC of the European Parliament and of the
Council of 13 December 1995 establishing a procedure
Having regard to Council Regulation (EC) No 2894/94 of
for the exchange of information on national measures
28 November 1994 concerning arrangements for implementing
derogating from the principle of the free movement of
the Agreement on the European Economic Area ( 1 ), and in
goods within the Community ( 5 ) which is incorporated
particular Article 1(3) thereof,
into the EEA Agreement. The EEA Agreement should
therefore be amended to take account of Regulation
(EC) No 764/2008.
Having regard to the proposal from the European Commission,
Whereas:
(6) Regulation
(EC)
No
765/2008
repeals
Council
Regulation
(EEC) No 339/93 of 8 February 1993 on checks for
conformity with the rules on product safety in the case
(1) Regulation
(EC)
No
764/2008
of
the
European
of products imported from third countries ( 6 ) which is
Parliament and of the Council of 9 July 2008 laying
incorporated into the EEA Agreement. The EEA
down procedures relating to the application of certain
Agreement should therefore be amended to take
national technical rules to products lawfully marketed
account of Regulation (EC) No 765/2008.
in another Member State ( 2 ) is to be incorporated into
the Agreement on the European Economic Area (‘EEA
Agreement’).
(7) Decision
No
768/2008/EC
repeals
Council
Decision
93/465/EEC of 22 July 1993 concerning the modules
(2) Regulation
(EC)
No
765/2008
of
the
European
for the various phases of the conformity assessment
Parliament and of the Council of 9 July 2008 setting
procedures and the rules for the affixing and use of the
out the requirements for accreditation and market
CE conformity marking, which are intended to be used in
surveillance relating to the marketing of products ( 3 ) is
the technical harmonization directives ( 7 ) which is incor
to be incorporated into the EEA Agreement.
porated into the EEA Agreement. The EEA Agreement
should therefore be amended to take account of
Decision No 768/2008/EC.
(3) Decision
No
768/2008/EC
of
the
European
Parliament
and of the Council of 9 July 2008 on a common
framework for the marketing of products ( 4 ) is to be
(8) Annex
II
to
the
EEA
Agreement
should
therefore
be
incorporated into the EEA Agreement.
amended accordingly.
(4) Decision
No
768/2008/EC
sets
out
common
principles
and reference provisions for future legislation
(9) The
position
of
the
Union
in
the
EEA
Joint
Committee
should therefore be based on the attached draft Decision,
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 218, 13.8.2008, p. 21.
( 5 ) OJ L 321, 30.12.1995, p. 1.
( 3 ) OJ L 218, 13.8.2008, p. 30.
( 6 ) OJ L 40, 17.2.1993, p. 1.
( 4 ) OJ L 218, 13.8.2008, p. 82.
( 7 ) OJ L 220, 30.8.1993, p. 23.
L 177/6
EN
Official Journal of the European Union
7.7.2012
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Annex
II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the
draft Decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 25 June 2012.
For the Council
The President
C. ASHTON
EN
7.7.2012 Official
Journal
of
the
European
Union L
177/7
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,
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
Whereas:
for the various phases of the conformity assessment
procedures and the rules for the affixing and use of the
CE conformity marking, which are intended to be used in
(1) Regulation
(EC)
No
764/2008
of
the
European
the technical harmonization directives ( 6 ) which is incor
Parliament and of the Council of 9 July 2008 laying
porated into the EEA Agreement. The EEA Agreement
down procedures relating to the application of certain
should therefore be amended to take account of
national technical rules to products lawfully marketed
Decision No 768/2008/EC.
in another Member State ( 1 ) is to be incorporated into
the Agreement on the European Economic Area (‘EEA
Agreement’).
(8) Annex
II
to
the
EEA
Agreement
should
therefore
be
amended accordingly,
(2) Regulation
(EC)
No
765/2008
of
the
European
Parliament and of the Council of 9 July 2008 setting
out the requirements for accreditation and market
HAS ADOPTED THIS DECISION:
surveillance relating to the marketing of products ( 2 ) is
to be incorporated into the EEA Agreement.
Article 1
(3) Decision
No
768/2008/EC
of
the
European
Parliament Chapter XIX of Annex II to the EEA Agreement shall be
and of the Council of 9 July 2008 on a common
amended as follows:
framework for the marketing of products ( 3 ) is to be
incorporated into the EEA Agreement.
(1) the text of point 3b (Council Regulation (EEC) No 339/93)
shall be replaced by the following:
(4) Decision
No
768/2008/EC
sets
out
common
principles
and reference provisions for future legislation
harmonizing the conditions for the marketing of
‘32008 R 0765: Regulation (EC) No 765/2008 of the
products and a reference text for existing legislation.
European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market
surveillance relating to the marketing of products and
(5) Regulation
(EC)
No
764/2008
repeals
Decision
No
3052/95/EC of the European Parliament and of the
repealing Regulation (EEC) No 339/93 (OJ L 218,
Council of 13 December 1995 establishing a procedure
13.8.2008, p. 30).
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
The provisions of the Regulation shall, for the purposes of
into the EEA Agreement. The EEA Agreement should
this Agreement, be read with the following adaptations:
therefore be amended to take account of Regulation
(EC) No 764/2008.
(a) the following shall be added at the end of Article 4(2):
(6) Regulation
(EC)
No
765/2008
repeals
Council
Regulation
(EEC) No 339/93 of 8 February 1993 on checks for
conformity with the rules on product safety in the case
“Liechtenstein shall also have recourse to the national
accreditation body of Switzerland for the product
sectors covered by the Agreement between the
( 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.
L 177/8
EN
Official Journal of the European Union
7.7.2012
European Community and the Swiss Confederation on
Community and the Swiss Confederation on trade in agri
mutual recognition in relation to conformity assessment
cultural products is extended to Liechtenstein.’;
and in respect of which EU and Swiss requirements are
deemed equivalent pursuant to Article 1(2) and (3) of
(4) the following shall be inserted in point 3h (Directive
that Agreement”.
2001/95/EC of the European Parliament and of the
Council):
(b) Products exported from Liechtenstein to the other
Contracting Parties may be subjected to border
‘, as amended by:
controls according to Articles 27-29.’;
— 32008 R 0765: Regulation (EC) No 765/2008 of the
(2) the text of point 3d (Council Decision 93/465/EEC) shall be
European Parliament and of the Council of 9 July 2008
replaced by the following:
(OJ L 218, 13.8.2008, p. 30).’.
‘32008 D 0768: Decision No 768/2008/EC of the
Article 2
European Parliament and of the Council of 9 July 2008
on a common framework for the marketing of products,
The texts of Regulations (EC) No 764/2008 and (EC) No
and repealing Council Decision 93/465/EEC (OJ L 218,
765/2008 and Decision No 768/2008/EC in the Icelandic and
13.8.2008, p. 82).’;
Norwegian languages, to be published in the EEA Supplement
to the Official Journal of the European Union, shall be authentic.
(3) the text of point 3f (Decision No 3052/95/EC of the
European Parliament and of the Council) shall be replaced
Article 3
by the following:
This Decision shall enter into force on …, provided that all the
notifications under Article 103(1) of the EEA Agreement have
‘32008 R 0764: Regulation (EC) No 764/2008 of the
been made to the EEA Joint Committee (*).
European Parliament and of the Council of 9 July 2008
laying down procedures relating to the application of
Article 4
certain national technical rules to products lawfully
marketed in another Member State and repealing Decision
This Decision shall be published in the EEA Section of, and in
No 3052/95/EC (OJ L 218, 13.8.2008, p. 21).
the EEA Supplement to, the Official Journal of the European
Union.
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
Done at Brussels, .
The Regulation shall only apply to products covered by
Article 8(3) of the Agreement.
The Regulation shall not apply to Liechtenstein in relation
For the EEA Joint Committee
to products covered by Annex I, Chapters XII and XXVII of
Annex II and Protocol 47 to the Agreement, as long as the
The Secretaries
application of the Agreement between the European
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]
7.7.2012 Official
Journal
of
the
European
Union L
177/5
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 25 June 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
(2012/364/EU)
THE COUNCIL OF THE EUROPEAN UNION,
harmonising the conditions for the marketing of
products and a reference text for existing legislation.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 43(2), 114(1) and 207(2), in
conjunction with 218(9) thereof,
(5) Regulation
(EC)
No
764/2008
repeals
Decision
No
3052/95/EC of the European Parliament and of the
Council of 13 December 1995 establishing a procedure
Having regard to Council Regulation (EC) No 2894/94 of
for the exchange of information on national measures
28 November 1994 concerning arrangements for implementing
derogating from the principle of the free movement of
the Agreement on the European Economic Area ( 1 ), and in
goods within the Community ( 5 ) which is incorporated
particular Article 1(3) thereof,
into the EEA Agreement. The EEA Agreement should
therefore be amended to take account of Regulation
(EC) No 764/2008.
Having regard to the proposal from the European Commission,
Whereas:
(6) Regulation
(EC)
No
765/2008
repeals
Council
Regulation
(EEC) No 339/93 of 8 February 1993 on checks for
conformity with the rules on product safety in the case
(1) Regulation
(EC)
No
764/2008
of
the
European
of products imported from third countries ( 6 ) which is
Parliament and of the Council of 9 July 2008 laying
incorporated into the EEA Agreement. The EEA
down procedures relating to the application of certain
Agreement should therefore be amended to take
national technical rules to products lawfully marketed
account of Regulation (EC) No 765/2008.
in another Member State ( 2 ) is to be incorporated into
the Agreement on the European Economic Area (‘EEA
Agreement’).
(7) Decision
No
768/2008/EC
repeals
Council
Decision
93/465/EEC of 22 July 1993 concerning the modules
(2) Regulation
(EC)
No
765/2008
of
the
European
for the various phases of the conformity assessment
Parliament and of the Council of 9 July 2008 setting
procedures and the rules for the affixing and use of the
out the requirements for accreditation and market
CE conformity marking, which are intended to be used in
surveillance relating to the marketing of products ( 3 ) is
the technical harmonization directives ( 7 ) which is incor
to be incorporated into the EEA Agreement.
porated into the EEA Agreement. The EEA Agreement
should therefore be amended to take account of
Decision No 768/2008/EC.
(3) Decision
No
768/2008/EC
of
the
European
Parliament
and of the Council of 9 July 2008 on a common
framework for the marketing of products ( 4 ) is to be
(8) Annex
II
to
the
EEA
Agreement
should
therefore
be
incorporated into the EEA Agreement.
amended accordingly.
(4) Decision
No
768/2008/EC
sets
out
common
principles
and reference provisions for future legislation
(9) The
position
of
the
Union
in
the
EEA
Joint
Committee
should therefore be based on the attached draft Decision,
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 218, 13.8.2008, p. 21.
( 5 ) OJ L 321, 30.12.1995, p. 1.
( 3 ) OJ L 218, 13.8.2008, p. 30.
( 6 ) OJ L 40, 17.2.1993, p. 1.
( 4 ) OJ L 218, 13.8.2008, p. 82.
( 7 ) OJ L 220, 30.8.1993, p. 23.
L 177/6
EN
Official Journal of the European Union
7.7.2012
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Annex
II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the
draft Decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 25 June 2012.
For the Council
The President
C. ASHTON
EN
7.7.2012 Official
Journal
of
the
European
Union L
177/7
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,
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
Whereas:
for the various phases of the conformity assessment
procedures and the rules for the affixing and use of the
CE conformity marking, which are intended to be used in
(1) Regulation
(EC)
No
764/2008
of
the
European
the technical harmonization directives ( 6 ) which is incor
Parliament and of the Council of 9 July 2008 laying
porated into the EEA Agreement. The EEA Agreement
down procedures relating to the application of certain
should therefore be amended to take account of
national technical rules to products lawfully marketed
Decision No 768/2008/EC.
in another Member State ( 1 ) is to be incorporated into
the Agreement on the European Economic Area (‘EEA
Agreement’).
(8) Annex
II
to
the
EEA
Agreement
should
therefore
be
amended accordingly,
(2) Regulation
(EC)
No
765/2008
of
the
European
Parliament and of the Council of 9 July 2008 setting
out the requirements for accreditation and market
HAS ADOPTED THIS DECISION:
surveillance relating to the marketing of products ( 2 ) is
to be incorporated into the EEA Agreement.
Article 1
(3) Decision
No
768/2008/EC
of
the
European
Parliament Chapter XIX of Annex II to the EEA Agreement shall be
and of the Council of 9 July 2008 on a common
amended as follows:
framework for the marketing of products ( 3 ) is to be
incorporated into the EEA Agreement.
(1) the text of point 3b (Council Regulation (EEC) No 339/93)
shall be replaced by the following:
(4) Decision
No
768/2008/EC
sets
out
common
principles
and reference provisions for future legislation
harmonizing the conditions for the marketing of
‘32008 R 0765: Regulation (EC) No 765/2008 of the
products and a reference text for existing legislation.
European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market
surveillance relating to the marketing of products and
(5) Regulation
(EC)
No
764/2008
repeals
Decision
No
3052/95/EC of the European Parliament and of the
repealing Regulation (EEC) No 339/93 (OJ L 218,
Council of 13 December 1995 establishing a procedure
13.8.2008, p. 30).
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
The provisions of the Regulation shall, for the purposes of
into the EEA Agreement. The EEA Agreement should
this Agreement, be read with the following adaptations:
therefore be amended to take account of Regulation
(EC) No 764/2008.
(a) the following shall be added at the end of Article 4(2):
(6) Regulation
(EC)
No
765/2008
repeals
Council
Regulation
(EEC) No 339/93 of 8 February 1993 on checks for
conformity with the rules on product safety in the case
“Liechtenstein shall also have recourse to the national
accreditation body of Switzerland for the product
sectors covered by the Agreement between the
( 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.
L 177/8
EN
Official Journal of the European Union
7.7.2012
European Community and the Swiss Confederation on
Community and the Swiss Confederation on trade in agri
mutual recognition in relation to conformity assessment
cultural products is extended to Liechtenstein.’;
and in respect of which EU and Swiss requirements are
deemed equivalent pursuant to Article 1(2) and (3) of
(4) the following shall be inserted in point 3h (Directive
that Agreement”.
2001/95/EC of the European Parliament and of the
Council):
(b) Products exported from Liechtenstein to the other
Contracting Parties may be subjected to border
‘, as amended by:
controls according to Articles 27-29.’;
— 32008 R 0765: Regulation (EC) No 765/2008 of the
(2) the text of point 3d (Council Decision 93/465/EEC) shall be
European Parliament and of the Council of 9 July 2008
replaced by the following:
(OJ L 218, 13.8.2008, p. 30).’.
‘32008 D 0768: Decision No 768/2008/EC of the
Article 2
European Parliament and of the Council of 9 July 2008
on a common framework for the marketing of products,
The texts of Regulations (EC) No 764/2008 and (EC) No
and repealing Council Decision 93/465/EEC (OJ L 218,
765/2008 and Decision No 768/2008/EC in the Icelandic and
13.8.2008, p. 82).’;
Norwegian languages, to be published in the EEA Supplement
to the Official Journal of the European Union, shall be authentic.
(3) the text of point 3f (Decision No 3052/95/EC of the
European Parliament and of the Council) shall be replaced
Article 3
by the following:
This Decision shall enter into force on …, provided that all the
notifications under Article 103(1) of the EEA Agreement have
‘32008 R 0764: Regulation (EC) No 764/2008 of the
been made to the EEA Joint Committee (*).
European Parliament and of the Council of 9 July 2008
laying down procedures relating to the application of
Article 4
certain national technical rules to products lawfully
marketed in another Member State and repealing Decision
This Decision shall be published in the EEA Section of, and in
No 3052/95/EC (OJ L 218, 13.8.2008, p. 21).
the EEA Supplement to, the Official Journal of the European
Union.
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
Done at Brussels, .
The Regulation shall only apply to products covered by
Article 8(3) of the Agreement.
The Regulation shall not apply to Liechtenstein in relation
For the EEA Joint Committee
to products covered by Annex I, Chapters XII and XXVII of
Annex II and Protocol 47 to the Agreement, as long as the
The Secretaries
application of the Agreement between the European
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]
Document Outline
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