{
  "url": "https://openlegislation.uk/eu-decision-2012-364/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2012-364/introduction.json",
  "legislation": "eudn/2012/364",
  "legislation_title": "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 (2012/364/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2012-364",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision\nof 25 June 2012\non 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\n(2012/364/EU)\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 114(1) and 207(2), in conjunction with 218(9) thereof,\nHaving regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area, and in particular Article 1(3) thereof,\nHaving regard to the proposal from the European Commission,\nWhereas:\n(1)\nRegulation (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 is to be incorporated into the Agreement on the European Economic Area (‘EEA Agreement’).\n(2)\nRegulation (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 is to be incorporated into the EEA Agreement.\n(3)\nDecision 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 is to be incorporated into the EEA Agreement.\n(4)\nDecision No 768/2008/EC sets out common principles and reference provisions for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation.\n(5)\nRegulation (EC) No 764/2008 repeals Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 764/2008.\n(6)\nRegulation (EC) No 765/2008 repeals Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 765/2008.\n(7)\nDecision No 768/2008/EC repeals Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Decision No 768/2008/EC.\n(8)\nAnnex II to the EEA Agreement should therefore be amended accordingly.\n(9)\nThe position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 305, 30.11.1994, p. 6."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 218, 13.8.2008, p. 21."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 218, 13.8.2008, p. 30."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 218, 13.8.2008, p. 82."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 321, 30.12.1995, p. 1."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 40, 17.2.1993, p. 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 220, 30.8.1993, p. 23."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2012/364/introduction",
    "retrieved_at": "2026-11-01T15:15:25.406000+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}