Decision of the EEA Joint Committee

No 61/2002

of 31 May 2002

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 41/2002 of 19 April 2002(1).

(2) Council Regulation (EC) No 120/97 of 20 January 1997 amending Regulation (EC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community(2) is to be incorporated into the Agreement.

(3) The effect of Regulation (EC) No 120/97 is that exports for recovery of certain waste are prohibited to countries other than those to which the Decision of the Organisation for Economic Cooperation and Development (OECD Decision) applies.

(4) Such exports to Liechtenstein are also to be allowed in accordance with Article 16(1) of Regulation (EEC) No 259/93.

(5) The adaptations to Regulation (EEC) No 259/93 need to be adjusted following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 32c (Council Regulation (EEC) No 259/93) of Annex XX to the Agreement: "- 397 R 0120: Council Regulation (EC) No 120/97 of 20 January 1997 (OJ L 22, 24.1.1997, p. 14)."

Article 2

The adaptations in point 32c of Annex XX to the Agreement shall be replaced by the following: "In Article 16(1), letter (a) shall read 'countries to which the OECD Decision applies and to Liechtenstein';

Iceland and Norway shall put into effect the measures necessary for them to comply with the provisions of the Regulation as from 1 January 1995.

Liechtenstein shall put into effect the measures necessary to comply with the provisions of Articles 2, 40, 41 and 42 of the Regulation as from 1 July 1996."

Article 3

The texts of Regulation (EC) No 120/97 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 4

This Decision shall enter into force on 1 June 2002, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(3).

Article 5

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

Done at Brussels, 31 May 2002.

For the EEA Joint Committee

The President

P. Westerlund

(1) OJ L 154, 13.6.2002, p. 28.

(2) OJ L 22, 24.1.1997, p. 14.

(3) No constitutional requirements indicated.