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Date: 18-Jan-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 105/2021 of 19 March 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/96]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The EEA Joint Committee Decision No 105/2021 amends Annex II to the EEA Agreement to incorporate Commission Implementing Regulation (EU) 2020/1634. This regulation authorizes the placing on the market of sugars obtained from cocoa pulp as a novel food.

Key Changes

  • Annex II to the EEA Agreement is amended to include Commission Implementing Regulation (EU) 2020/1634.
  • Point 124b regarding Commission Implementing Regulation (EU) 2017/2470 is updated to include reference to 32020 R 1634.
  • A new point 187 is inserted after point 186, specifically addressing Commission Implementing Regulation (EU) 2020/1634.
  • The decision does not apply to Liechtenstein as long as the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.

Impact Analysis

Food Producers and Manufacturers

  • Action Item: Review product formulations and labeling to ensure compliance with the new regulations. Update internal processes to accommodate the use of cocoa pulp sugars.

Consumers

  • Action Item: No direct action required, but consumers may benefit from increased product variety.

EEA Member States

  • Action Item: Update national regulations and enforcement procedures to reflect the incorporation of Commission Implementing Regulation (EU) 2020/1634 into the EEA Agreement.

Liechtenstein

  • Action Item: Liechtenstein authorities should monitor the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products to determine the applicability of this decision.

Key Entities Referenced

EEA Joint Committee: The body responsible for amending the EEA Agreement. Commission Implementing Regulation (EU) 2020/1634: Regulation authorising the placing on the market of sugars obtained from cocoa pulp as a novel food. Regulation (EU) 2015/2283: Regulation of the European Parliament and of the Council on novel foods. Commission Implementing Regulation (EU) 2017/2470: Commission Implementing Regulation amending the novel foods regulation. EEA Agreement: Agreement on the European Economic Area.
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Official Journal EN of the European Union L series 2024/96 18.1.2024 DECISION OF THE EEA JOINT COMMITTEE No 105/2021 of 19 March 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/96] 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) 2020/1634 of 4 November 2020authorising the placing on the market of sugars obtained from cocoa (Theobroma cacao L.) pulp as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470(1) is to be incorporated into the EEA Agreement. (2) This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs 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 XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein. (3) Annex II to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Chapter XII of Annex II to the EEA Agreement shall be amended as follows: 1. The following indent is added in point 124b (Commission Implementing Regulation (EU) 2017/2470): ‘- 32020 R 1634: Commission Implementing Regulation (EU) 2020/1634 of 4 November 2020(OJ L 367, 5.11.2020, p. 39).’ 2. The following point is inserted after point 186 (Commission Implementing Regulation (EU) 2020/1993): ‘187. 32020 R 1634: Commission Implementing Regulation (EU) 2020/1634 of 4 November 2020 authorising the placing on the market of sugars obtained from cocoa (Theobroma cacao L.) pulp as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 367, 5.11.2020, p. 39).’ Article 2 The text of Implementing Regulation (EU) 2020/1634 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 20 March 2021, provided that all the notifications under Article 103(1) of the EEA Agreement have been made*. (1) OJ L 367, 5.11.2020, p. 39. * No constitutional requirements indicated. ELI: http://data.europa.eu/eli/dec/2024/96/oj 1/2EN OJ L, 18.1.2024 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, 19 March 2021. For the EEA Joint Committee The President Clara GANSLANDT 2/2 ELI: http://data.europa.eu/eli/dec/2024/96/oj

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