(1)

Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 104/2012 of 15 June 2012 (1).

(2)

Commission Regulation (EU) No 87/2011 of 2 February 2011 designating the EU reference laboratory for bee health, laying down additional responsibilities and tasks for that laboratory and amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council (2) is to be incorporated into the Agreement.

(3)

This Decision concerns legislation regarding live animals other than fish and aquaculture animals. Legislation concerning these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the Agreement. This Decision is therefore not to apply to Iceland.

(4)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the Agreement. This Decision is therefore not to apply to Liechtenstein,

‘—

32011 R 0087: Commission Regulation (EU) No 87/2011 of 2 February 2011 (OJ L 29, 3.2.2011, p. 1).’

(1)

Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 104/2012 of 15 June 2012 (1).

(2)

Commission Regulation (EU) No 1276/2011 of 8 December 2011 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the treatment to kill viable parasites in fishery products for human consumption (2) is to be incorporated into the Agreement.

(3)

This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the Agreement. This Decision is therefore not to apply to Liechtenstein,

‘—

32011 R 1276: Commission Regulation (EU) No 1276/2011 of 8 December 2011 (OJ L 327, 9.12.2011, p. 39).’

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 107/2012 of 15 June 2012 (1).

(2)

Commission Regulation (EU) No 366/2011 of 14 April 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Acrylamide) (2) is to be incorporated into the Agreement,

‘—

32011 R 0366: Commission Regulation (EU) No 366/2011 of 14 April 2011 (OJ L 101, 15.4.2011, p. 12).’

(1)

Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain 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 Agreement’).

(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 surveillance relating to the marketing of products (2) is to be incorporated into the EEA Agreement.

(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 (3) is to be incorporated into the EEA Agreement.

(4)

Decision No 768/2008/EC sets out common principles and reference provisions for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation.

(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 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 into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 764/2008.

(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 of products imported from third countries (5) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 765/2008.

(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 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 incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Decision No 768/2008/EC.

(8)

Annex II to the EEA Agreement should therefore be amended accordingly,

(1)

the text of point 3b (Council Regulation (EEC) No 339/93) shall be replaced by the following:

‘ 32008 R 0765: 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 surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(2)

the text of point 3d (Council Decision 93/465/EEC) shall be replaced by the following:

‘ 32008 D 0768: 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, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).’;

(3)

the text of point 3f (Decision No 3052/95/EC of the European Parliament and of the Council) shall be replaced by the following:

‘ 32008 R 0764: Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (OJ L 218, 13.8.2008, p. 21).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

The Regulation shall only apply to products covered by Article 8(3) of the Agreement.

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 application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.’;

(4)

the following shall be inserted in point 3h (Directive 2001/95/EC of the European Parliament and of the Council):

‘, as amended by:

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 106/2012 of 15 June 2012 (1).

(2)

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (2) is to be incorporated into the Agreement.

(3)

Directive 2009/48/EC repeals Council Directive 88/378/EEC (3), which is incorporated into the Agreement and is therefore to be repealed in its entirety under the Agreement with effect from 20 July 2013,

(1)

the text of point 1 (Council Directive 88/378/EEC) shall be deleted with effect from 20 July 2013;

(2)

the following point shall be inserted after point 1 (Council Directive 88/378/EEC):

(1)

Annex XI to the Agreement was amended by Decision of the EEA Joint Committee No 109/2012 of 15 June 2012 (1).

(2)

Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (2) is to be incorporated into the Agreement,

‘5czh.

32010 D 0267: Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (OJ L 117, 11.5.2010, p. 95).’

(1)

Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (1) is to be incorporated into the EEA Agreement.

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

(1)

the following indent shall be added:

(2)

the adaptation text shall be amended as follows:

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Commission Decision 2011/274/EU of 26 April 2011 concerning a technical specification for interoperability relating to the ‘energy’ subsystem of the trans-European conventional rail system (2) is to be incorporated into the Agreement,

‘37dh.

32011 D 0274: Commission Decision 2011/274/EU of 26 April 2011 concerning a technical specification for interoperability relating to the ‘energy’ subsystem of the trans-European conventional rail system (OJ L 126, 14.5.2011, p. 1).’

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Commission Decision 2011/765/EU of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (2) is to be incorporated into the Agreement,

‘42gc.

32011 D 0765: Commission Decision 2011/765/EU of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (OJ L 314, 29.11.2011, p. 36).’

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Commission Implementing Decision 2011/821/EU of 7 December 2011 on the recognition of Cape Verde pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (2) is to be incorporated into the Agreement.

(3)

Commission Implementing Decision 2011/822/EU of 7 December 2011 on the recognition of Bangladesh pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (3) is to be incorporated into the Agreement.

(4)

Commission Implementing Decision 2012/75/EU of 9 February 2012 on the recognition of Ghana pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (4) is to be incorporated into the Agreement.

(5)

Commission Implementing Decision 2012/76/EU of 9 February 2012 on the recognition of Uruguay pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (5) is to be incorporated into the Agreement,

‘56jl.

32011 D 0821: Commission Implementing Decision 2011/821/EU of 7 December 2011 on the recognition of Cape Verde pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (OJ L 327, 9.12.2011, p. 67).

56jm.

32011 D 0822: Commission Implementing Decision 2011/822/EU of 7 December 2011 on the recognition of Bangladesh pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (OJ L 327, 9.12.2011, p. 68).

56jn.

32012 D 0075: Commission Implementing Decision 2012/75/EU of 9 February 2012 on the recognition of Ghana pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (OJ L 38, 11.2.2012, p. 45).

56jo.

32012 D 0076: Commission Implementing Decision 2012/76/EU of 9 February 2012 on the recognition of Uruguay pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (OJ L 38, 11.2.2012, p. 46).’

(1)

Annex XIII to the EEA Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Annex XIII to the EEA Agreement was amended by Decision of the EEA Joint Committee No 90/2011 of 19 July 2011 (2), which incorporates into the EEA Agreement Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (3).

(3)

The Contracting Parties aim at ensuring that EEA EFTA (4) air carriers are entitled to operate air services from Member States of the Union to Switzerland and vice versa.

(4)

The Contracting Parties also aim at ensuring that Community air carriers are entitled to operate air services from an EEA EFTA State to Switzerland and vice versa.

(5)

To this end, the EEA Joint Committee is to grant, subject to the condition of reciprocity, Swiss air carriers the right to operate from Member States of the Union to an EEA EFTA State and vice versa.

(6)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

(1)

the current adaptation (b) shall be renumbered as adaptation (c);

(2)

the following adaptation shall be inserted after adaptation (a):

(*1)  References to ‘EFTA’ in this Decision are in accordance with Article 2(b) of the EEA Agreement to be read as references to ‘EEA EFTA’.” ’ "

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (2) was incorporated into the Agreement by Decision of the EEA Joint Committee No 75/2010 (3).

(3)

With a view to ensuring the homogenous application of Regulation (EU) No 72/2010 throughout the entire European Economic Area, Annex XIII should be amended so as to facilitate the cooperation between the Commission and the EFTA Surveillance Authority,

(1)

the existing adaptation shall be numbered as adaptation (a);

(2)

the following adaptation shall be added after adaptation (a):

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 113/2012 of 15 June 2012 (1).

(2)

Commission Implementing Regulation (EU) No 295/2012 of 3 April 2012 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (2) is to be incorporated into the Agreement,

‘—

32012 R 0295: Commission Implementing Regulation (EU) No 295/2012 of 3 April 2012 (OJ L 98, 4.4.2012, p. 13).’

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 117/2012 of 15 June 2012 (1).

(2)

Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (2) is to be incorporated into the Agreement.

(3)

Regulation (EC) No 1221/2009 repeals Regulation (EC) No 761/2001 of the European Parliament and of the Council (3), Commission Decisions 2001/681/EC (4) and 2006/193/EC (5), which are incorporated into the Agreement and which are consequently to be repealed under the Agreement,

(1)

the text of point 1ea (Regulation (EC) No 761/2001 of the European Parliament and of the Council) shall be replaced by the following:

‘ 32009 R 1221: Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).’;

(2)

the text of points 1eaa (Commission Decision 2001/681/EC) and 1eab (Commission Decision 2006/193/EC) shall be deleted.

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 117/2012 of 15 June 2012 (1).

(2)

Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services (2) is to be incorporated into the Agreement.

(3)

Commission Regulation (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions (3) is to be incorporated into the Agreement.

(4)

Commission Regulation (EU) No 1088/2010 of 23 November 2010 amending Regulation (EC) No 976/2009 as regards download services and transformation services (4) is to be incorporated into the Agreement.

(5)

Commission Regulation (EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (5) is to be incorporated into the Agreement.

(6)

Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (6) is to be incorporated into the Agreement,

(1)

the text of adaptations (a) and (b) of point 1j (Directive 2007/2/EC of the European Parliament and of the Council) shall be replaced by the following:

(2)

the following adaptation shall be added in point 1jb (Commission Decision 2009/442/EC):

‘The provisions of the Decision shall, for the purposes of this Agreement, be read with the following adaptations:

(3)

the following shall be inserted after point 1jb (Commission Decision 2009/442/EC):

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 117/2012 of 15 June 2012 (1).

(2)

Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council (2) is to be incorporated into the Agreement,

‘32ffa.

32011 R 0333: Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council (OJ L 94, 8.4.2011, p. 2).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

In Article 2(e), and in point 6 of the Statement of Conformity set out in Annex III, the words “or the territories of the EFTA States” shall be inserted after the words “the customs territory of the Union”.’

(1)

Protocol 31 to the EEA Agreement was amended by Decision of the EEA Joint Committee No 122/2012 of 15 June 2012 (1).

(2)

A comprehensive earth monitoring system is of central importance to the sustainable management of northern Europe and the Arctic.

(3)

Norway has contributed to the development of the European Earth Monitoring programme (GMES), both in the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) and as member of the European Space Agency.

(4)

It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (2).

(5)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2012,

(1)

paragraph 6 is replaced by the following:

(2)

the following paragraph is inserted after paragraph 8b:

(1)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 122/2012 of 15 June 2012 (1).

(2)

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2).

(3)

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to the field of sport.

(4)

Regulation (EC) No 401/2009 repeals Council Regulation (EEC) No 1210/90 (3) which is incorporated into the Agreement and which is consequently to be repealed under the Agreement.

(5)

Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place,

(1)

paragraph 2 of Article 3 of Protocol 31 to the Agreement shall be replaced by the following:

(*1)   OJ L 126, 21.5.2009, p. 13.’;"

(2)

the heading of Article 4 (Education, training and youth) shall be replaced by the following:

‘Education, training, youth and sport’.

(1)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 122/2012 of 15 June 2012 (1).

(2)

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include cooperation concerning free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries.

(3)

Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2012,

(1)

the following paragraph shall be inserted after paragraph 11:

(2)

the words ‘and in the programme referred to in the twelfth indent as from 1 January 2009’ in paragraph 5 shall be replaced by ‘, in the programme referred to in the twelfth indent as from 1 January 2009 and in the actions funded from the budget lines for the financial year 2012 referred to in paragraph 12 as from 1 January 2012’.

(3)

the words ‘paragraph 8’ in paragraphs 6 and 7 shall be replaced by the words ‘paragraphs 8 and 12’.

(1)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 122/2012 of 15 June 2012 (1).

(2)

It is appropriate to continue the cooperation of the Contracting Parties to the Agreement in Union actions funded from the general budget of the Union regarding the implementation, operation and development of the internal market.

(3)

Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2011,

(1)

the words ‘years 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011’ in paragraph 6 shall be replaced by the words ‘years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012’;

(2)

the words ‘years 2006, 2007, 2008, 2009, 2010 and 2011’ in paragraph 7 shall be replaced by the words ‘years 2006, 2007, 2008, 2009, 2010, 2011 and 2012’;

(3)

the words ‘years 2008, 2009, 2010 and 2011’ in paragraph 8 shall be replaced by the words ‘years 2008, 2009, 2010, 2011 and 2012’.

(1)

Protocol 47 to the Agreement was amended by Decision of the EEA Joint Committee No 102/2012 of 30 April 2012 (1).

(2)

Commission Regulation (EC) No 1166/2009 of 30 November 2009 amending and correcting Commission Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (2) is to be incorporated into the Agreement.

(3)

Commission Regulation (EU) No 401/2010 of 7 May 2010 amending and correcting Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (3), as corrected by OJ L 248, 22.9.2010, p. 67, is to be incorporated into the Agreement.

(4)

Commission Regulation (EU) No 1022/2010 of 12 November 2010 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2010 in certain wine-growing zones (4) is to be incorporated into the Agreement.

(5)

Commission Regulation (EU) No 53/2011 of 21 January 2011 amending Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (5) is to be incorporated into the Agreement.

(6)

Commission Regulation (EU) No 538/2011 of 1 June 2011 amending Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (6) is to be incorporated into the Agreement.

(7)

This Decision concerns legislation regarding wine. Legislation regarding wine shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the seventh paragraph of the introduction to Protocol 47 to the Agreement. This Decision is therefore not to apply to Liechtenstein,

(1)

the following shall be added in point 10 (Commission Regulation (EC) No 606/2009):

‘, as amended by:

(2)

the following shall be added in point 11 (Commission Regulation (EC) No 607/2009):

‘, as amended by:

(3)

the following point shall be inserted after point 11 (Commission Regulation (EC) No 607/2009):

(1)

Commission Regulation (EU) No 249/2012 of 21 March 2012 amending Regulation (EU) No 19/2011 as regards type-approval requirements for the manufacturer’s statutory plate of motor vehicles and their trailers (1) is to be incorporated into the EEA Agreement.

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

—

32012 R 0249: Commission Regulation (EU) No 249/2012 of 21 March 2012 (OJ L 82, 22.3.2012, p. 1).’

(1)

Directive 2011/17/EU of the European Parliament and of the Council of 9 March 2011 repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology (1) repeals with effect from 1 July 2011 Council Directive 71/349/EEC (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(2)

Directive 2011/17/EU repeals with effect from 1 December 2015, Council Directives 71/317/EEC (3), 71/347/EEC (4), 74/148/EEC (5), 75/33/EEC (6), 76/765/EEC (7), 76/766/EEC (8) and 86/217/EEC (9), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement with effect from 1 December 2015.

(3)

Annex II to the EEA Agreement should therefore be amended accordingly,

(1)

the text of point 7 (Council Directive 71/349/EEC) shall be deleted;

(2)

the text of points 2 (Council Directive 71/317/EEC), 5 (Council Directive 71/347/EEC), 10 (Council Directive 74/148/EEC), 11 (Council Directive 75/33/EEC), 17 (Council Directive 76/765/EEC), 18 (Council Directive 76/766/EEC) and 26 (Council Directive 86/217/EEC) shall be deleted with effect from 1 December 2015.

(1)

Commission Implementing Decision 2012/67/EU of 3 February 2012 amending Decision 2008/911/EC establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (1) is to be incorporated into the EEA Agreement.

(2)

Commission Implementing Decision 2012/68/EU of 3 February 2012 amending Decision 2008/911/EC establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (2) is to be incorporated into the EEA Agreement.

(3)

Annex II to the EEA Agreement should therefore be amended accordingly,

‘—

32012 D 0067: Commission Implementing Decision 2012/67/EU of 3 February 2012 (OJ L 34, 7.2.2012, p. 5),

—

32012 D 0068: Commission Implementing Decision 2012/68/EU of 3 February 2012 (OJ L 34, 7.2.2012, p. 8).’

(1)

Council Directive 2011/84/EU of 20 September 2011 amending Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annex III thereto to technical progress (1) is to be incorporated into the EEA Agreement.

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

‘—

32011 L 0084: Council Directive 2011/84/EU of 20 September 2011 (OJ L 283, 29.10.2011, p. 36).’

(1)

Annex IX to the Agreement was amended by Decision of the EEA Joint Committee No 53/2012 of 30 March 2012 (1).

(2)

Commission Implementing Decision 2011/754/EU of 22 November 2011 on the application of Directive 2009/103/EC of the European Parliament and of the Council with regard to checks on insurance against civil liability in respect of the use of motor vehicles (2) is to be incorporated into the Agreement,

‘8e.

32011 D 0754: Commission Implementing Decision 2011/754/EU of 22 November 2011 on the application of Directive 2009/103/EC of the European Parliament and of the Council with regard to checks on insurance against civil liability in respect of the use of motor vehicles (OJ L 310, 25.11.2011, p. 17).’

(1)

Annex XVIII to the Agreement was amended by Decision of the EEA Joint Committee No 84/2011 of 1 July 2011 (1).

(2)

Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (2) is to be incorporated into the Agreement,

‘32k.

32008 L 0104: Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).’

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 117/2012 of 15 June 2012 (1).

(2)

Commission Implementing Decision 2011/632/EU of 21 September 2011 establishing a questionnaire to be used for reporting on the implementation of Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste (2) is to be incorporated into the Agreement.

(3)

Implementing Decision 2011/632/EU repeals, with effect from 1 January 2013, Commission Decision 2010/731/EU (3), which is incorporated into the Agreement, and which is consequently to be repealed under the Agreement with effect from 1 January 2013,

(1)

the following point shall be inserted after point 32ffa (Council Regulation (EU) No 333/2011):

(2)

the text of point 32fd (Commission Decision 2010/731/EU) shall be deleted with effect from 1 January 2013.

(1)

Annex II to the EEA Agreement was amended by Decision of the EEA Joint Committee No 105/2012 of 15 June 2012 (1).

(2)

Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (2) is to be incorporated into the EEA Agreement.

(3)

Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide 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 be repealed under the EEA Agreement.

(4)

This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss 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 Decision is therefore not to apply to Liechtenstein,

(1)

the text of point 54zzzzb (Commission Regulation (EC) No 1213/2008) shall be deleted;

(2)

the following shall be inserted after point 67 (Commission Regulation (EU) No 1171/2011):

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(1)

Annex XX to the EEA Agreement was amended by Decision of the EEA Joint Committee No 150/2012 of 13 July 2012 (1).

(2)

Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (2) is to be incorporated into the EEA Agreement.

(3)

Commission Regulation (EU) No 550/2011 of 7 June 2011 on determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits from projects involving industrial gases (3) is to be incorporated into the EEA Agreement.

(4)

Commission Regulation (EU) No 1210/2011 of 23 November 2011 amending Regulation (EU) No 1031/2010 in particular to determine the volume of greenhouse gas emission allowances to be auctioned prior to 2013 (4) is to be incorporated into the EEA Agreement.

(5)

Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (5) is to be incorporated into the EEA Agreement.

(6)

Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (6) is to be incorporated into the EEA Agreement.

(7)

Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide (7) (CO2) is to be incorporated into the EEA Agreement.

(8)

Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement.

(9)

Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement.

(10)

Commission Decision 2011/540/EU of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (10) is to be incorporated into the EEA Agreement.

(11)

Commission Decision 2011/745/EU of 11 November 2011 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (11) is to be incorporated into the EEA Agreement.

(12)

This Joint Committee Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in particular in the context of the United Nations Framework Convention on Climate Change and the Kyoto Protocol or any other international agreement on climate change, other than in respect of aspects relevant to the EU Emission Trading Scheme (EU ETS) that are incorporated into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and any other international agreement related to climate change.

(13)

The participation of the EFTA States in the EU ETS is without prejudice to the EFTA States’ participation in any flexible instruments for mitigating emissions.

(14)

The extension of EU ETS to installations in the EFTA States implies an increase of the total quantity of allowances in the EU ETS as a whole under Articles 9 and 9a of Directive 2003/87/EC of the European Parliament and of the Council (12). The EFTA States provide in Part A of the Appendix to that Directive the relevant figures in order to allow the Commission to determine the average annual EEA-wide total quantity of allowances.

(15)

The Commission shall keep the EFTA States informed regarding the negotiation and conclusion of agreements with third countries as referred to in Article 11a of Directive 2003/87/EC and the consequence this might have on the use of certified emission reductions (CERs).

(16)

When an agreement pursuant to Article 11a or 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated against as compared to EU Member States and their operators.

(17)

The Commission shall keep the EFTA States informed regarding the implementation of Article 24a(1) of Directive 2003/87/EC and the consequence this might have on the amount of allowances in the EU ETS.

(18)

The EFTA States fully support that the amount of allowances allocated by auctioning is increasing in the EU ETS, with a view to reaching no free allocation in 2027. It has always been the aim of the EFTA States to increase the percentage of allowances that are allocated against payment. The EFTA States recall adaptation (e) as set out in Article 1 point 2 of EEA Joint Committee Decision No 146/2007 (13) incorporating Directive 2003/87/EC into the EEA Agreement.

(19)

The EFTA States will make use of the common auction platforms appointed pursuant to Article 26 of Regulation (EU) No 1031/2010 and appoint the auction monitor selected pursuant to Article 24 of that Regulation for monitoring the auctioning of their allowances. Due to the fact that the EFTA States are not participating in the joint action, they do not have to fulfil any specific tasks in the procurement procedures for appointing the common auction platforms and auction monitor. Once these are appointed, each EFTA State will use its best endeavours to enter into a contract with them. The Commission will, to the extent feasible, see to it that the auction platforms enter into a contract with the EFTA States subject, mutatis mutandis, to the same conditions envisaged for participating EU Member States in the contracts resulting from the joint procurement procedures, provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the participating EU Member States. For the auction monitor, the Commission will, to the extent feasible, see to it that the auction monitor enters into a contract with the EFTA States subject, mutatis mutandis, to the same conditions applicable to either the participating EU Member States or the non-participating EU Member States depending on whether or not the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the participating EU Member States.

(20)

Budgetary issues are not part of the EEA Agreement. Financial contributions from the EFTA States to the EU Member States are negotiated through the EEA Financial Mechanisms. The application of the provisions of Directive 2003/87/EC concerning these issues and the application of the criteria for distribution amongst certain EU Member States of certain percentages of the total quantity of allowances to be auctioned pursuant to points (b) and (c) of Article 10(2) and to Annexes IIa and IIb to Directive 2003/87/EC is therefore without prejudice to the scope of the EEA Agreement.

(21)

The EFTA Surveillance Authority shall coordinate closely with the Commission whenever it is called to undertake tasks relating to the EFTA States for which the Commission is responsible with respect to the EU Member States pursuant to Directive 2003/87/EC, Commission Regulation (EC) No 2216/2004 (14), Commission Decision 2007/589/EC (15) and Commission Decision 2006/780/EC (16). These tasks include, inter alia, the assessment of the national implementation measures referred to in Article 11 of Directive 2003/87/EC and any application for the unilateral inclusion of additional activities and gases under Article 24 of that Directive,

(1)

the following indent is added in point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

(2)

the adaptations in point 21al (Directive 2003/87/EC of the European Parliament and of the Council) are replaced by the following:

‘The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

(*1)   OJ L 130, 15.5.2002, p. 1."

(*2)   OJ L 49, 19.2.2004, p. 1.’;"

(3)

the following points are inserted after point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

(4)

the following indents are added in point 21am (Commission Decision 2007/589/EC):