21.2.2008   

EN

Official Journal of the European Union

L 47/53

DECISION OF THE EEA JOINT COMMITTEE

No 125/2007

of 28 September 2007

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 92/2007 of 6 July 2007 (1).

(2)

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (2) is to be incorporated into the Agreement.

(3)

Directive 2000/60/EC repeals, with effect from 22 December 2007, Directives 75/440/EEC (3), as amended, and 79/869/EEC (4), as amended, which are incorporated into the Agreement and which are consequently to be repealed under the Agreement with effect from 22 December 2007.

(4)

Directive 2000/60/EC repeals, with effect from 22 December 2013, Directive 80/68/EEC (5), as amended, which is incorporated into the Agreement and which is consequently to be repealed under the Agreement with effect from 22 December 2013.

(5)

Directive 2000/60/EC shall be read taking particular account of the fact that Article 73 of the Agreement defines the objectives of action by the Contracting Parties in the field of environment, whereas other policies addressed by the EC Treaty fall outside the scope of the Agreement.

(6)

Directive 2000/60/EC, which encompasses the evolving Community action in the field of water policy, covers acts that are incorporated into the Agreement as well as acts that are not incorporated into the Agreement.

(7)

Regard is to be given to the Joint Statement attached to this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Annex XX to the Agreement shall be amended as follows:

1.

the following point shall be inserted after point 13c (Commission Decision 92/446/EEC):

‘13ca.

32000 L 0060: Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

(a)

without prejudice to future development by the EEA Joint Committee, it should be noted that the following Community acts are not incorporated into the EEA Agreement:

(i)

Council Directive 76/160/EEC of 8 December 1975 on the quality of bathing water (The Bathing Water Directive);

(ii)

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (The Birds Directive);

(iii)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (The Habitats Directive);

(iv)

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters;

(v)

Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life; and

(vi)

Council Decision 77/795/EEC of 12 December 1977 establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community.

(b)

the time limits mentioned in Articles 4(1)(a)(ii) and (iii), 4(1)(b)(ii), 4(1)(c), 5(1) and 5(2), 6(1), 8(2), 10(2), 11(7) and 11(8), 13(6) and 13(7) as well as 17(4) of the Directive, which run from the date of entry into force of the Directive, shall be understood to run from the date of entry into force of the Decision of the EEA Joint Committee No 125/2007 of 28 September 2007 incorporating this Directive into the Agreement.

In accordance with Paragraph 11 of Protocol 1 on horizontal adaptations, any reference to the date mentioned in Article 24 shall be understood to refer to the date of entry into force of the Decision of the EEA Joint Committee No 125/2007 of 28 September 2007 incorporating this Directive into the Agreement.’;

2.

the texts of points 3 (Council Directive 75/440/EEC) and 5 (Council Directive 79/869/EEC) shall be deleted with effect from 22 December 2007;

3.

the text of point 6 (Council Directive 80/68/EEC) shall be deleted with effect from 22 December 2013.

Article 2

The text of Directive 2000/60/EC 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 September 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (6).

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 September 2007.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

(1)  OJ L 328, 13.12.2007, p. 42.

(2)  OJ L 327, 22.12.2000, p. 1.

(3)  OJ L 194, 25.7.1975, p. 26.

(4)  OJ L 271, 29.10.1979, p. 44.

(5)  OJ L 20, 26.1.1980, p. 43.

(6)  Constitutional requirements indicated.

JOINT STATEMENT TO DECISION No 125/2007 INCORPORATING DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL INTO THE AGREEMENT

‘The Contracting Parties recognise the diversity of anthropogenic pressures and impacts on waters across Europe. Consequently, the measures and efforts to achieve the environmental objective of the Directive might vary from region to region. The Water Framework Directive takes account of these diversities. It allows authorities responsible for the implementation of the Directive to select measures and efforts adapted to the pressures and impacts prevailing, whilst achieving the environmental objectives.’