Council Decision (EU) 2023/924 of 24 April 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amendments to Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement (Text with EEA relevance)

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendments to Annex I (Veterinary and phytosanitary matters) and 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

The following indent is added in point 9b (Regulation (EC) No 1069/2009 of the European Parliament and of the Council) in Part 7.1 of Chapter I of Annex I to the EEA Agreement:
‘–
32019 R 1009 : Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 ( OJ L 170, 25.6.2019, p. 1 ), as corrected by OJ L 83, 10.3.2022, p. 66 and OJ L 161, 16.6.2022, p. 121 .’.

Article 2

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

Article 2

Annex II to the EEA Agreement shall be amended as follows:
1.
The text of point 1 (Regulation (EC) No 2003/2003 of the European Parliament and of the Council) of Chapter XIV shall be replaced by the following:
‘
32019 R 1009 : Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 ( OJ L 170, 25.6.2019, p. 1 ), as corrected by OJ L 83, 10.3.2022, p. 66 and OJ L 161, 16.6.2022, p. 121 , as amended by:
—
32021 R 1768 : Commission Delegated Regulation (EU) 2021/1768 of 23 June 2021 ( OJ L 356, 8.10.2021, p. 8 ).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a)
The EFTA States shall be free to continue to apply their national limit values for cadmium in phosphate fertilisers existing at the date of entry into force of Decision of the EEA Joint Committee No …/… of [this decision] until such time as harmonised limit values for cadmium content in phosphate fertilisers which are equal to or lower than those limit values become applicable in the European Economic Area.
(b)
In Article 1(2), the following points shall be added after point (p):
“(q)
the national plant health law of the EFTA States;
(r)
the national law on invasive alien species of the EFTA States.”;
(c)
In Article 52, as regards the EFTA States, the words “or the date of entry into force of Decision of the EEA Joint Committee No …/… of [this decision], whichever is the later” are inserted after the words “16 July 2022”.’.
2.
The following is inserted after point 5 (Commission Decision 2006/390/EC) of Chapter XIV:
‘6.
32020 D 1178 : Commission Decision (EU) 2020/1178 of 27 July 2020 on the national provisions notified by the Kingdom of Denmark pursuant to Article 114(4) of the Treaty of the Functioning of the European Union concerning cadmium content in fertilisers ( OJ L 259, 10.8.2020, p. 14 ).
7.
32022 D 1184 : Commission Decision (EU) 2020/1184 of 17 July 2020 on the national provisions notified by Hungary pursuant to Article 114(4) of the Treaty on the Functioning of the European Union concerning the cadmium content in phosphate fertilisers ( OJ L 261, 11.8.2020, p. 42 ).
8.
32020 D 1205 : Commission Decision (EU) 2020/1205 of 6 August 2020 on the national provisions notified by the Slovak Republic pursuant to Article 114(4) of the Treaty on the Functioning of the European Union concerning the cadmium content in phosphate fertilisers ( OJ L 270, 18.8.2020, p. 7 ).
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
The Contracting Parties shall take note of the following acts:
1.
52021XC0407(04) : Communication from the Commission concerning the visual appearance of the label on EU fertilising products referred to in Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the Council ( OJ C 119, 7.4.2021, p. 1 ).’.
3.
Point 13 (Regulation (EC) No 1107/2009 of the European Parliament and of the Council) of Chapter XV is amended as follows:
(i)
the following indent is added:
‘–
32019 R 1009 : Regulation (EU) 2019/1009 of the European Parliament and of the Council ( OJ L 170, 25.6.2019, p. 1 ), as corrected by OJ L 83, 10.3.2022, p. 66 and OJ L 161, 16.6.2022, p. 121 .’.
(ii)
adaptations (i) and (j) are renumbered as adaptations (j) and (k), respectively.
(iii)
the following adaptation is inserted after adaptation (h):
‘(i)
In Article 80(8), as regards the EFTA States, the words “15 July 2019” shall read “the date of entry into force of Decision of the EEA Joint Committee No …/… of [this decision]”.’.

Article 3

The texts of Regulation (EU) 2019/1009, as corrected by OJ L 83, 10.3.2022, p. 66 and OJ L 161, 16.6.2022, p. 121 , Delegated Regulation (EU) 2021/1768, Decisions (EU) 2020/1178, (EU) 2020/1184 and (EU) 2020/1205, and of the Communication from the Commission concerning the visual appearance of the label on EU fertilising products referred to in Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the Council 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 4

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement ( * ) .

Article 5

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

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