DECISION OF THE EEA JOINT COMMITTEE No 241/2022

of 23 September 2022

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/770]

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 Delegated Regulation (EU) 2021/723 of 26 February 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the setting up of a public register listing the bodies appointed by each Member State to supervise the ageing processes for spirit drinks ( 1 ) is to be incorporated into the EEA Agreement.

(2) Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council with rules concerning applications for registration of geographical indications of spirit drinks, amendments to product specifications, cancellation of the registration and the register ( 2 ) is to be incorporated into the EEA Agreement.

(3) Commission Delegated Regulation (EU) 2021/1334 of 27 May 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards allusions to legal names of spirit drinks or geographical indications for spirit drinks in the description, presentation and labelling of other spirit drinks ( 3 ) is to be incorporated into the EEA Agreement.

(4) Commission Delegated Regulation (EU) 2021/1335 of 27 May 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the labelling of spirit drinks resulting from the combination of a spirit drink with one or more foodstuffs ( 4 ) is to be incorporated into the EEA Agreement.

(5) Commission Delegated Regulation (EU) 2021/1465 of 6 July 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the definition of allusions to legal names of spirit drinks or geographical indications for spirit drinks and their use in the description, presentation and labelling of spirit drinks other than the spirit drinks to which allusion is made ( 5 ) is to be incorporated into the EEA Agreement.

(6) Commission Implementing Regulation (EU) 2020/198 of 13 February 2020 laying down rules for the application of Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the establishment of the register of geographical indications protected in the sector of aromatised wine products and the listing of the existing geographical designations in that register ( 6 ) is to be incorporated into the EEA Agreement.

(7) Commission Implementing Regulation (EU) 2021/717 of 26 April 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Nagykunsági szilvapálinka’) ( 7 ) is to be incorporated into the EEA Agreement.

(8) Commission Implementing Regulation (EU) 2021/724 of 3 March 2021 laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the communications to be made by Member States to the Commission with regard to the bodies appointed to supervise ageing processes for spirit drinks and the competent authorities responsible for ensuring compliance with that Regulation ( 8 ) is to be incorporated into the EEA Agreement.

(9) Commission Implementing Regulation (EU) 2021/1236 of 12 May 2021 laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council concerning applications for registration of geographical indications of spirit drinks, the opposition procedure, amendments to product specifications, cancellation of the registration, use of symbol and control ( 9 ) is to be incorporated into the EEA Agreement.

(10) Commission Implementing Regulation (EU) 2021/1265 of 26 July 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Bayerischer Bärwurz’) ( 10 ) is to be incorporated into the EEA Agreement.

(11) Commission Implementing Regulation (EU) 2021/1291 of 28 July 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Demerara Rum’) ( 11 ) is to be incorporated into the EEA Agreement.

(12) Commission Implementing Regulation (EU) 2021/1343 of 10 August 2021 approving amendments to the specification for a spirit drink whose name is registered as a geographical indication [Újfehértói meggypálinka] ( 12 ) is to be incorporated into the EEA Agreement.

(13) Commission Implementing Regulation (EU) 2021/1419 of 24 August 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Nagykunsági birspálinka’) ( 13 ) is to be incorporated into the EEA Agreement.

(14) Commission Implementing Regulation (EU) 2021/1687 of 14 September 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council ‘Madarasi birspálinka’ ( 14 ) is to be incorporated into the EEA Agreement.

(15) Commission Implementing Regulation (EU) 2021/2262 of 13 December 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Bayerischer Blutwurz’) ( 15 ) is to be incorporated into the EEA Agreement.

(16) Delegated Regulation (EU) 2021/1235 repeals Commission Implementing Regulation (EU) No 716/2013 ( 16 ) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(17) This Decision concerns legislation regarding spirit drinks. Legislation regarding spirit drinks shall not apply to Liechtenstein 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, as specified in the introduction to Chapter XXVII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

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

HAS ADOPTED THIS DECISION:

Article 1

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

The following is added in point 9 (Regulation (EU) 2019/787 of the European Parliament and of the Council):

‘—

32021 R 1334 : Commission Delegated Regulation (EU) 2021/1334 of 27 May 2021 ( OJ L 289, 12.8.2021, p. 1 ).

— 32021 R 1335 : Commission Delegated Regulation (EU) 2021/1335 of 27 May 2021 ( OJ L 289, 12.8.2021, p. 4 ).

— 32021 R 1465 : Commission Delegated Regulation (EU) 2021/1465 of 6 July 2021 ( OJ L 321, 13.9.2021, p. 12 ).’

The following is inserted after point 9ak (Commission Implementing Regulation (EU) 2021/518):

‘9al.

32021 R 0717 : Commission Implementing Regulation (EU) 2021/717 of 26 April 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Nagykunsági szilvapálinka’) ( OJ L 151, 3.5.2021, p. 8 ).

9am.

32021 R 0723 : Commission Delegated Regulation (EU) 2021/723 of 26 February 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the setting up of a public register listing the bodies appointed by each Member State to supervise the ageing processes for spirit drinks ( OJ L 155, 5.5.2021, p. 1 ).

9an.

32021 R 0724 : Commission Implementing Regulation (EU) 2021/724 of 3 March 2021 laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the communications to be made by Member States to the Commission with regard to the bodies appointed to supervise ageing processes for spirit drinks and the competent authorities responsible for ensuring compliance with that Regulation ( OJ L 155, 5.5.2021, p. 3 ).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

In Article 3(1), as regards the EFTA States, the words “25 August 2021” shall read “three months after the date of entry into force of the Decision of the EEA Joint Committee No 241/2022 of 23 September 2022”.

9ao.

32021 R 1235 : Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council with rules concerning applications for registration of geographical indications of spirit drinks, amendments to product specifications, cancellation of the registration and the register ( OJ L 270, 29.7.2021, p. 1 ).

9ap.

32021 R 1236 : Commission Implementing Regulation (EU) 2021/1236 of 12 May 2021 laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council concerning applications for registration of geographical indications of spirit drinks, the opposition procedure, amendments to product specifications, cancellation of the registration, use of symbol and control ( OJ L 270, 29.7.2021, p. 10 ).

The provisions of the Regulation shall, for the purpose of this Agreement, be read with the following adaptation:

The following shall be added in Article 13:

“Notwithstanding the provisions of Protocol 1 to the Agreement, the communications made by the competent authorities of the EFTA States to the Commission pursuant to Article 13(1) shall follow the procedure set out in point (b). Point 4 of Protocol 1 shall not apply to Article 13.”

9aq.

32021 R 1265 : Commission Implementing Regulation (EU) 2021/1265 of 26 July 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Bayerischer Bärwurz’) ( OJ L 277, 2.8.2021, p. 32 ).

9ar.

32021 R 1291 : Commission Implementing Regulation (EU) 2021/1291 of 28 July 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Demerara Rum’) ( OJ L 281, 4.8.2021, p. 1 ).

9as.

32021 R 1343 : Commission Implementing Regulation (EU) 2021/1343 of 10 August 2021 approving amendments to the specification for a spirit drink whose name is registered as a geographical indication [Újfehértói meggypálinka] ( OJ L 292, 16.8.2021, p. 25 ).

9at.

32021 R 1419 : Commission Implementing Regulation (EU) 2021/1419 of 24 August 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Nagykunsági birspálinka’) ( OJ L 305, 31.8.2021, p. 8 ).

9au.

32021 R 1687 : Commission Implementing Regulation (EU) 2021/1687 of 14 September 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council ‘Madarasi birspálinka’ ( OJ L 332, 21.9.2021, p. 4 ).

9av.

32021 R 2262 : Commission Implementing Regulation (EU) 2021/2262 of 13 December 2021 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Bayerischer Blutwurz’) ( OJ L 455, 20.12.2021, p. 18 ).’

The following point is inserted after point 9ba (Commission Delegated Regulation (EU) 2017/670):

‘9bb.

32020 R 0198 : Commission Implementing Regulation (EU) 2020/198 of 13 February 2020 laying down rules for the application of Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the establishment of the register of geographical indications protected in the sector of aromatised wine products and the listing of the existing geographical designations in that register ( OJ L 42, 14.2.2020, p. 8 ).’

The text of point 9a (Commission Implementing Regulation (EU) No 716/2013) is deleted.

Article 2

The texts of Delegated Regulations (EU) 2021/723, (EU) 2021/1235, (EU) 2021/1334, (EU) 2021/1335 and (EU) 2021/1465 and Implementing Regulations (EU) 2020/198, (EU) 2021/717, (EU) 2021/724, (EU) 2021/1236, (EU) 2021/1265, (EU) 2021/1291, (EU) 2021/1343, (EU) 2021/1419, (EU) 2021/1687 and (EU) 2021/2262 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 24 September 2022, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( * ) .

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, 23 September 2022.

For the EEA Joint Committee

The President

Kristján Andri STEFÁNSSON

( 1 ) OJ L 155, 5.5.2021, p. 1 .

( 2 ) OJ L 270, 29.7.2021, p. 1 .

( 3 ) OJ L 289, 12.8.2021, p. 1 .

( 4 ) OJ L 289, 12.8.2021, p. 4 .

( 5 ) OJ L 321, 13.9.2021, p. 12 .

( 6 ) OJ L 42, 14.2.2020, p. 8 .

( 7 ) OJ L 151, 3.5.2021, p. 8 .

( 8 ) OJ L 155, 5.5.2021, p. 3 .

( 9 ) OJ L 270, 29.7.2021, p. 10 .

( 10 ) OJ L 277, 2.8.2021, p. 32 .

( 11 ) OJ L 281, 4.8.2021, p. 1 .

( 12 ) OJ L 292, 16.8.2021, p. 25 .

( 13 ) OJ L 305, 31.8.2021, p. 8 .

( 14 ) OJ L 332, 21.9.2021, p. 4 .

( 15 ) OJ L 455, 20.12.2021, p. 18 .

( 16 ) OJ L 201, 26.7.2013, p. 21 .

( * ) No constitutional requirements indicated.