Explanatory Memorandum to COM(2012)96 - EU position in the EEA Joint Committeeconcerning an amendment to Annex II (Technical regulations, standards, testing and certification) and Annex XX (Environment) to the EEA Agreement

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1. CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant Union legislation into the EEA Agreement as soon as possible after its adoption and also allow for the participation of the EEA EFTA States in EEA relevant EU actions, activities or programmes.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



1. The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex II (Technical regulations, standards, testing and certification) and Annex XX (Environment) to the EEA Agreement by adding new Union acquis in this field. This concerns various legal acts relating in particular to classification, labelling and packaging (CLP) of substances and mixtures, which are to be incorporated into the Agreement while repealing acts that currently are in the EEA Agreement, while they have been repealed in the EU.

2. For certain substances Norway currently has a higher level of protection than in the EU and has previously been granted derogations in order to avoid diminishing the levl of protection in Norway. It is proposed to grant Norway derogations from regulation (EC) No 1272/2008 in line with the current derogations from the Directives 67/548/EEC and 1999/45/EC. A review of this derogation is foreseen to take place by the end of 2013.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Article 1 i of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.