DECISION OF THE EEA JOINT COMMITTEE No 87/2023

of 28 April 2023

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2242]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2022/1950 of 14 October 2022 renewing the approval of creosote as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 ) is to be incorporated into the EEA Agreement.

(2) Commission Implementing Regulation (EU) 2022/1990 of 20 October 2022 cancelling the approval of tolylfluanid as an active substance for use in biocidal products of product-type 7 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 2 ) is to be incorporated into the EEA Agreement.

(3) Commission Implementing Regulation (EU) 2022/1992 of 20 October 2022 approving Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with hydrocarbon solvents as an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 3 ) is to be incorporated into the EEA Agreement.

(4) Commission Implementing Regulation (EU) 2022/1993 of 20 October 2022 approving Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with supercritical carbon dioxide as an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 4 ) is to be incorporated into the EEA Agreement.

(5) Commission Implementing Regulation (EU) 2022/2048 of 24 October 2022 approving L-(+)-lactic acid as an existing active substance for use in biocidal products of product-type 6 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 5 ) is to be incorporated into the EEA Agreement.

(6) Commission Implementing Decision (EU) 2022/2005 of 21 October 2022 not approving methylene dithiocyanate as an existing active substance for use in biocidal products of product-type 12 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 6 ) is to be incorporated into the EEA Agreement.

(7) Commission Implementing Decision (EU) 2022/2054 of 21 October 2022 on the unresolved objections regarding the conditions for granting an authorisation for the biocidal product Preventol A 12 TK 50 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 7 ) is to be incorporated into the EEA Agreement.

(8) Implementing Regulation (EU) 2022/1950 repeals Commission Implementing Decision (EU) 2021/1839 ( 8 ) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(9) Implementing Regulation (EU) 2022/1990 repeals Commission Implementing Regulation (EU) 2016/1087 ( 9 ) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(10) Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

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

The text of point 12zzzq (Commission Implementing Regulation (EU) 2016/1087) is replaced by the following:

‘ 32022 R 1990 : Commission Implementing Regulation (EU) 2022/1990 of 20 October 2022 cancelling the approval of tolylfluanid as an active substance for use in biocidal products of product-type 7 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 273, 21.10.2022, p. 9 ).’

The text of point 12zzzzzzzp (Commission Implementing Decision (EU) 2021/1839) is replaced by the following:

‘ 32022 R 1950 : Commission Implementing Regulation (EU) 2022/1950 of 14 October 2022 renewing the approval of creosote as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 269, 17.10.2022, p. 1 ).’

The following points are inserted after point 12zzzzzzzzr (Commission Implementing Decision (EU) 2022/2327):

‘12zzzzzzzzs.

32022 R 1992 : Commission Implementing Regulation (EU) 2022/1992 of 20 October 2022 approving Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with hydrocarbon solvents as an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 273, 21.10.2022, p. 14 ).

12zzzzzzzzt.

32022 R 1993 : Commission Implementing Regulation (EU) 2022/1993 of 20 October 2022 approving Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with supercritical carbon dioxide as an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 273, 21.10.2022, p. 17 ).

12zzzzzzzzu.

32022 D 2005 : Commission Implementing Decision (EU) 2022/2005 of 21 October 2022 not approving methylene dithiocyanate as an existing active substance for use in biocidal products of product-type 12 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 274, 24.10.2022, p. 76 ).

12zzzzzzzzv.

32022 R 2048 : Commission Implementing Regulation (EU) 2022/2048 of 24 October 2022 approving L-(+)-lactic acid as an existing active substance for use in biocidal products of product-type 6 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 275, 25.10.2022, p. 60 ).

12zzzzzzzzw.

32022 D 2054 : Commission Implementing Decision (EU) 2022/2054 of 21 October 2022 on the unresolved objections regarding the conditions for granting an authorisation for the biocidal product Preventol A 12 TK 50 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 275, 25.10.2022, p. 77 ).’

Article 2

The texts of Implementing Regulations (EU) 2022/1950, (EU) 2022/1990, (EU) 2022/1992, (EU) 2022/1993 and (EU) 2022/2048 and Implementing Decisions (EU) 2022/2005 and (EU) 2022/2054 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 29 April 2023, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( *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 .

Done at Brussels, 28 April 2023.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 269, 17.10.2022, p. 1 .

( 2 ) OJ L 273, 21.10.2022, p. 9 .

( 3 ) OJ L 273, 21.10.2022, p. 14 .

( 4 ) OJ L 273, 21.10.2022, p. 17 .

( 5 ) OJ L 275, 25.10.2022, p. 60 .

( 6 ) OJ L 274, 24.10.2022, p. 76 .

( 7 ) OJ L 275, 25.10.2022, p. 77 .

( 8 ) OJ L 372, 20.10.2021, p. 27 .

( 9 ) OJ L 180, 6.7.2016, p. 18 .

( *1 ) No constitutional requirements indicated.

ELI: http://data.europa.eu/eli/dec/2023/2242/oj

ISSN 1977-0677 (electronic edition)