2012/364/EU: Council Decision of 25 June 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

• Articles: 6

Article 1

The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 1

Chapter XIX of Annex II to the EEA Agreement shall be amended as follows:

(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:

(a)

the following shall be added at the end of Article 4(2):

“Liechtenstein shall also have recourse to the national accreditation body of Switzerland for the product sectors covered by the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment and in respect of which EU and Swiss requirements are deemed equivalent pursuant to Article 1(2) and (3) of that Agreement”.

(b)

Products exported from Liechtenstein to the other Contracting Parties may be subjected to border controls according to Articles 27-29.’;

(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:

—

32008 R 0765 : Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 ( OJ L 218, 13.8.2008, p. 30 ).’.

Article 2

This Decision shall enter into force on the day of its adoption.

Article 2

The texts of Regulations (EC) No 764/2008 and (EC) No 765/2008 and Decision No 768/2008/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union , shall be authentic.

Article 3

This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee  ( *1 ) .

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union .