HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 21/54
EN
Official Journal of the European Union
24.1.2013
DECISION OF THE EEA JOINT COMMITTEE
No 202/2012
of 26 October 2012
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
(1) the text of point 21aa (Regulation (EC) No 2037/2000 of
the European Parliament and of the Council) shall be
Having regard to the Agreement on the European Economic
replaced by the following:
Area (‘the EEA Agreement’), and in particular Article 98 thereof,
‘32009 R 1005: Regulation (EC) No 1005/2009 of the
Whereas:
European Parliament and of the Council of 16 September
2009 on substances that deplete the ozone layer (OJ L 286,
31.10.2009, p. 1), as amended by:
(1) Regulation
(EC)
No
1005/2009
of
the
European
Parliament and of the Council of 16 September 2009
on substances that deplete the ozone layer ( 1 ) is to be
— 32010 R 0744: Commission Regulation (EU) No
incorporated into the EEA Agreement.
744/2010 of 18 August 2010 (OJ L 218, 19.8.2010,
p. 2).
(2) Commission
Regulation
(EU)
No
744/2010
of
18
August
2010 amending Regulation (EC) No 1005/2009 of the
The provisions of the Regulation shall, for the purposes of
European Parliament and of the Council on substances
this Agreement, be read with the following adaptations:
that deplete the ozone layer, with regard to the critical
uses of halons ( 2 ) is to be incorporated into the EEA
Agreement.
(a) The references to Regulation (EC) No 450/2008 of the
European Parliament and of the Council of 23 April
(3) Commission
Regulation
(EU)
No
291/2011
of
24
March
2008 laying down the Community Customs Code
2011 on essential uses of controlled substances other
(Modernised Customs Code) shall not apply.
than hydrochlorofluorocarbons for laboratory and
analytical purposes in the Union under Regulation (EC)
(b) Article 8(4) and (5)(b) shall not apply.
No 1005/2009 of the European Parliament and of the
Council on substances that deplete the ozone ( 3 ) is to be
incorporated into the EEA Agreement.
(c) With regard to the EFTA States, the words “, the
respective quantities, the period for which the
(4)
Regulation (EC) No 1005/2009 repeals Regulation (EC)
exemption shall be valid and those users which may
No 2037/2000 of the European Parliament and of the
take advantage of those essential laboratory and
Council (
analytical uses” in Article 10(2) shall not apply.

4 ) which is incorporated into the EEA
Agreement and which is consequently to be repealed
under the EEA Agreement.
(d) Article 10(6) shall not apply.
(5) Without
prejudice
to
future
development
by
the
EEA
Joint Committee, it should be noted that Regulation
(e) In Article 11(2) the words “, except for 10(6),” shall be
(EC) No 450/2008 of the European Parliament and of
inserted after the words “Article 10(3) to (7)”.
the Council of 23 April 2008 laying down the
Community Customs Code (Modernised Customs
(f) Article 11(5) shall not apply.
Code) ( 5 ) is not incorporated into the EEA Agreement.
The references to this Regulation should therefore not
apply.
(g) Article 14(1), (3) and (4) shall not apply.
(6) Annex
XX
to
the
EEA
Agreement
should
therefore
be
(h) Chapter IV shall not apply.
amended accordingly,
(i) The provisions concerning import and export in
HAS ADOPTED THIS DECISION:
Article 24 shall not apply.
Article 1
(j) Articles 27 and 28 shall not apply.
Annex XX of the EEA Agreement shall be amended as follows:
The EFTA States shall, at national level, put into effect the
( 1 ) OJ L 286, 31.10.2009, p. 1.
measures necessary to comply with the corresponding
( 2 ) OJ L 218, 19.8.2010, p. 2.
provisions of the Montreal Protocol and with the
( 3 ) OJ L 79, 25.3.2011, p. 4.
( 4 ) OJ L 244, 29.9.2000, p. 1.
corresponding measures in Regulation (EC) No 1005/2009
( 5 ) OJ L 145, 4.6.2008, p. 1.
of the European Parliament and of the Council.’;

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EN
24.1.2013 Official
Journal
of
the
European
Union L
21/55
(2) the following point shall be inserted after point 21aa (Regu
Article 3
lation (EC) No 1005/2009 of the European Parliament and
of the Council):
This Decision shall enter into force on 1 November 2012,
provided that all the notifications under Article 103(1) of the
EEA Agreement have been made to the EEA Joint Commit
‘21aaa. 32011 R 0291: Commission Regulation (EU) No
tee (*).
291/2011 of 24 March 2011 on essential uses of
controlled substances other than hydrochlorofluor
Article 4
ocarbons for laboratory and analytical purposes in
This Decision shall be published in the EEA Section of, and in
the Union under Regulation (EC) No 1005/2009 of
the EEA Supplement to, the Official Journal of the European
the European Parliament and of the Council on
Union.
substances that deplete the ozone (OJ L 79,
25.3.2011, p. 4).’
Done at Brussels, 26 October 2012.
Article 2
The texts of Regulations (EC) No 1005/2009, (EU) No
For the EEA Joint Committee
744/2010 and (EU) No 291/2011 in the Icelandic and
Norwegian languages, to be published in the EEA Supplement
The President
to the Official Journal of the European Union, shall be authentic.
Atle LEIKVOLL
(*) No constitutional requirements indicated.

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