Considerations on COM(2013)738 - EU position in the EEA Joint Committee amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

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(1) The Agreement on the European Economic Area[2] (“the EEA Agreement”) entered into force on 1 January 1994.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex II thereto.

(3) Annex II to the EEA Agreement contains specific provisions on technical regulations, standards, testing and certification.

(4) 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.

(5) Regulation (EU) No 528/2012 repeals, with effect from 1 September 2013, Directive 98/8/EC of the European Parliament and of the Council[3] which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 1 September 2013.

(6) Annex II to the EEA Agreement should therefore be amended accordingly.

(7) The position of the Union in the EEA Joint Committee should be based on the attached draft Decision.