Explanatory Memorandum to COM(2013)738 - EU position in the EEA Joint Committee amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement - Main contents
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| dossier | COM(2013)738 - EU position in the EEA Joint Committee amending Annex II (Technical regulations, standards, testing and certification) to ... |
|---|---|
| source | COM(2013)738  |
| date | 29-10-2013 |
In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant EU legislation into the EEA Agreement as soon as possible after its adoption.
Contents
The EEA EFTA Member States welcome Regulation (EU) No 528/2012 on Biocides. The EEA EFTA Member States would like to be associated as closely as possible with the work of the European Chemicals Agency in this regard and the EEA EFTA Member States will not only comply with the Regulation, but would also like to contribute actively to the work foreseen under Regulation 528/2012. The draft EEA Joint Committee Decision (annexed to the proposed Council Decision) has been drafted with this in mind.
The Commission wishes to stress certain features of the draft EEA Joint Committee Decision.
The entry into force of this Joint Committee Decision in Liechtenstein will come later than the date of entry into force in the other EFTA states.
Liechtenstein has an agreement with Switzerland on biocidal products. Based on this Agreement, Switzerland processes the Liechtenstein applications and Liechtenstein authorises (or prohibits) the biocidal product in question.
Switzerland will align in the near future its legislation in this field to the new developments in the EU (Regulation 528/2012) and in the light of this, the Agreement between Liechtenstein and Switzerland laying down the cooperation in the field of authorisation procedures for biocidal products will be updated.
This solution ensures a high level of protection of both human and animal health and the environment, while guaranteeing the proper functioning of the internal market, explicitly mentioned as one of the objectives of the Regulation.
In this context, it has to be emphasised that the suggested solution does not prohibit the placing on the market of biocidal products and does not infringe any of the freedoms guaranteed by the EEA Agreement, in particular not the free movement of goods. This also does not result in any distortion of competition within the EEA.
Moreover, the EFTA side proposes adaptations in particular in relation to the participation of the EFTA states in the work of the coordination group under Article 35 of Regulation 528/2012 and the process of granting Union authorisations and corresponding decisions in the EFTA states.
Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products is to be incorporated into the EEA Agreement.
The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council of the corresponding Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.