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28.7.2012 Official
Journal
of
the
European
Union L
202/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 24 July 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
(2012/442/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) Commission
Regulation
(EC)
No
1213/2008 of
5 December 2008 concerning a coordinated multiannual
Community control programme for 2009, 2010 and
Having regard to the Treaty on the Functioning of the European
2011 to ensure compliance with maximum levels of
Union, and in particular Article 43(2) and Article 168(4)(b), in
and to assess the consumer exposure to pesticide
conjunction with Article 218(9) thereof,
residues in and on food of plant and animal origin ( 4 )
was incorporated into the EEA Agreement with certain
adaptations for the EEA EFTA States.
Having regard to Council Regulation (EC) No 2894/94 of
28 November 1994 concerning arrangements for implementing
the Agreement on the European Economic Area ( 1 ), and in
particular Article 1(3) thereof,
(6) Since
the
Regulation
(EC)
No
1213/2008
has
been
repealed and should consequently be repealed under
the EEA Agreement, those adaptations should be
Having regard to the proposal from the European Commission,
carried over to Implementing Regulation (EU) No
1274/2011. They concern the number of pesticides to
be monitored by Iceland and the number of samples of
Whereas:
each product to be taken and analysed by Iceland and
Norway and take into account, in particular, the limited
capacity of Icelandic laboratories.
(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
(2)
Pursuant to Article 98 of the EEA Agreement, the EEA
amended accordingly.
Joint Committee may decide to amend, among others,
Annex II to the EEA Agreement.
(8) The
position
of
the
Union
in
the
EEA
Joint
Committee
(3)
Annex II to the EEA Agreement contains provisions and
should be based on the attached draft Decision,
arrangements concerning technical regulations, standards,
testing and certification.
HAS ADOPTED THIS DECISION:
(4) Commission Implementing Regulation (EU) No
1274/2011 of 7 December 2011 concerning a coor
dinated multiannual control programme of the Union
for 2012, 2013 and 2014 to ensure compliance with
Article 1
maximum residue levels of pesticides and to assess the
consumer exposure to pesticide residues in and on food
The position to be taken by the European Union in the EEA
of plant and animal origin (
Joint Committee on amending Annex II (Technical regulations,

3 ) is to be incorporated into
the EEA Agreement.
standards, testing and certification) to the EEA Agreement shall
be based on the draft Decision of the EEA Joint Committee
attached to this Decision.
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 325, 8.12.2011, p. 24.
( 4 ) OJ L 328, 6.12.2008, p. 9.

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L 202/2
EN
Official Journal of the European Union
28.7.2012
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 24 July 2012.
For the Council
The President
A. D. MAVROYIANNIS

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EN
28.7.2012 Official
Journal
of
the
European
Union L
202/3
DRAFT
DECISION OF THE EEA JOINT COMMITTEE
No …/…
of
amending Annex II (Technical regulations, standards, testing and certification) to the EEA
Agreement
THE EEA JOINT COMMITTEE,
1. The text of point 54zzzzb (Commission Regulation (EC) No
1213/2008) shall be deleted.
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
2. The following shall be inserted after point 65 (Commission
on the European Economic Area, (‘the EEA Agreement’), and
Regulation (EU) No 1171/2011):
in particular Article 98 thereof,
Whereas:
‘66. 32011 R 1274: Commission Implementing Regulation
(EU) No 1274/2011 of 7 December 2011 concerning a
coordinated multiannual control programme of the
(1) Annex
II
to
the
EEA
Agreement
was
amended
by
Union for 2012, 2013 and 2014 to ensure compliance
Decision of the EEA Joint Committee No …/… of … (
with maximum residue levels of pesticides and to assess

1 ).
the consumer exposure to pesticide residues in and on
food of plant and animal origin (OJ L 325, 8.12.2011,
(2) Commission Implementing Regulation (EU) No
p. 24).
1274/2011 of 7 December 2011 concerning a coor
dinated multiannual control programme of the Union
for 2012, 2013 and 2014 to ensure compliance with
The provisions of the Regulation shall, for the purposes of
maximum residue levels of pesticides and to assess the
this Agreement, be read with the following adaptations:
consumer exposure to pesticide residues in and on food
of plant and animal origin ( 2 ) is to be incorporated into
the EEA Agreement.
1. The following shall be added in Article 1:
(3) Commission
Regulation
(EC)
No
1213/2008 of
5 December 2008 concerning a coordinated multiannual
“Iceland may for the years 2012, 2013 and 2014
Community control programme for 2009, 2010 and
continue to sample and analyse for the same 61
2011 to ensure compliance with maximum levels of
pesticides as monitored in foodstuffs on its market in
and to assess the consumer exposure to pesticide
2011.”
residues in and on food of plant and animal origin ( 3 ),
which is incorporated into the EEA Agreement, has been
repealed in the European Union and should consequently
2. The following shall be added in point 5 of Annex II:
be repealed under the EEA Agreement.
“IS 12
(*)
(4) This
Decision
concerns
legislation
regarding
foodstuffs.
15 (**)
Legislation regarding foodstuffs shall not apply to Liech
tenstein as long as the application of the Agreement
NO 12
(*)
between the European Community and the Swiss
15 (**)”.’
Confederation on trade in agricultural products is
extended to Liechtenstein, as specified in the introduction
to Chapter XII of Annex II to the EEA Agreement. This
Article 2
Decision is therefore not to apply to Liechtenstein,
The text of Regulation (EU) No 1274/2011 in the Icelandic and
Norwegian languages, to be published in the EEA Supplement
to the Official Journal of the European Union, shall be authentic.
HAS ADOPTED THIS DECISION:
Article 1
Article 3
Chapter XII of Annex II to the EEA Agreement shall be
This Decision shall enter into force on …, provided that all the
amended as follows:
notifications under Article 103(1) of the EEA Agreement have
been made to the EEA Joint Committee (*).
( 1 ) OJ L …
( 2 ) OJ L 325, 8.12.2011, p. 24.
(*) [No constitutional requirements indicated.] [Constitutional
( 3 ) OJ L 328, 6.12.2008, p. 9.
requirements indicated.]

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L 202/4
EN
Official Journal of the European Union
28.7.2012
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of
the European Union.
Done at Brussels, … .
For the EEA Joint Committee
The Secretaries
The President
to the EEA Joint Committee

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Document Outline

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