Date: 2022-09-22Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 116/2022 of 29 April 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1560]
Executive Summary:
This EEA Joint Committee Decision No. 116/2022 amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations regarding novel foods. Specifically, it integrates Regulations EU 2021/1318, EU 2021/1319, and EU 2021/1326. The decision does not apply to Liechtenstein and came into force on April 30, 2022.
Key Points / Main Content:
* **Amendments to Annex II, Chapter XII of the EEA Agreement:**
* Point 124b is updated to include Implementing Regulation EU 2021/1318.
* Point 177 is updated to include Implementing Regulation EU 2021/1318.
* Points 200 and 201 are inserted to include Implementing Regulations EU 2021/1319 and EU 2021/1326 respectively.
* **Incorporated Regulations:**
* Commission Implementing Regulation EU 2021/1318: Corrects Implementing Regulation EU 2017/2470, Decision 2008/968/EC, and Implementing Regulation EU 2020/484.
* Commission Implementing Regulation EU 2021/1319: Authorizes changes in the specifications of Coriander seed oil.
* Commission Implementing Regulation EU 2021/1326: Authorizes the placing on the market of Schizochytrium sp. FCC3204 oil as a novel food.
* **Authentic Texts:**
* The Icelandic and Norwegian language texts of Regulations EU 2021/1318, EU 2021/1319, and EU 2021/1326 are authentic.
* **Entry into Force:**
* The decision entered into force on April 30, 2022, following notifications under Article 103(1) of the EEA Agreement.
Impact Analysis:
EEA Joint Committee:
* Impact: Responsible for adopting the decision to amend Annex II of the EEA Agreement.
* Action Required: Publish the decision in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
European Commission:
* Impact: Its Implementing Regulations (EU 2021/1318, EU 2021/1319, and EU 2021/1326) are now integrated into the EEA Agreement.
* Action Required: Ensure the incorporated regulations are applied within the EEA.
EEA Member States (excluding Liechtenstein):
* Impact: Required to implement the updated Annex II, Chapter XII of the EEA Agreement, including the incorporated regulations on novel foods.
* Action Required: Incorporate the changes into national legislation and ensure compliance.
Food Producers and Businesses operating within the EEA (excluding Liechtenstein):
* Impact: Subject to the updated regulations regarding novel foods, including changes in specifications and authorizations for placing novel foods on the market.
* Action Required: Ensure compliance with the new regulations, particularly regarding the specifications and authorization for novel foods like Coriander seed oil and Schizochytrium sp. FCC3204 oil.
Iceland and Norway:
* Impact: The texts of Implementing Regulations EU 2021/1318, EU 2021/1319 and EU 2021/1326 in Icelandic and Norwegian languages are authentic.
* Action Required: Refer to the authentic Icelandic and Norwegian language texts of the regulations.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Commission Implementing Regulation EU 2021/1318: Commission Implementing Regulation correcting Implementing Regulation EU 2017/2470 establishing the Union list of novel foods, Decision 2008/968/EC and Implementing Regulation EU 2020/484.
Commission Implementing Regulation EU 2021/1319: Commission Implementing Regulation authorising changes in the specifications of the novel food Coriander seed oil from Coriandrum sativum and amending Implementing Regulation EU 2017/2470.
Commission Implementing Regulation EU 2021/1326: Commission Implementing Regulation authorising the placing on the market of Schizochytrium sp. FCC-3204 oil 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.
Regulation EU 2015/2283: Regulation EU 2015/2283 of the European Parliament and of the Council referenced in Commission Implementing Regulation EU 2021/1326.
Liechtenstein: A European country to which the legislation regarding foodstuffs shall not apply under certain conditions.
Brussels: The location where the decision was made.
L 246/54 EN Official Journal of the European Union 22.9.2022
DECISION OF THE EEA JOINT COMMITTEE No 116/2022
of 29 April 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2022/1560]
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) 2021/1318 of 9 August 2021correcting Implementing Regulation (EU)
2017/2470 establishing the Union list of novel foods, Decision 2008/968/EC authorising the placing on the market
of arachidonic acid-rich oil from Mortierella alpina as a novel food ingredient and Implementing Regulation (EU)
2020/484 authorising the placing on the market of lacto-N-tetraose as a novel food(1) is to be incorporated into
the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2021/1319 of 9 August 2021authorising changes in the specifications
of the novel food Coriander seed oil from Coriandrum sativum and amending Implementing Regulation (EU)
2017/2470(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2021/1326 of 10 August 2021authorising the placing on the market
of Schizochytrium sp. (FCC-3204) oil 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(3)is to be incorporated
into the EEA Agreement.
(4) 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.
(5) 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 indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):
‘— 32021 R 1318: Commission Implementing Regulation (EU) 2021/1318 of 9 August 2021 (OJ L 286,
10.8.2021, p. 5),
— 32021 R 1319: Commission Implementing Regulation (EU) 2021/1319 of 9 August 2021 (OJ L 286,
10.8.2021, p. 12),
— 32021 R 1326: Commission Implementing Regulation (EU) 2021/1326 of 10 August 2021 (OJ L 288,
11.8.2021, p. 24).’
(1) OJ L 286, 10.8.2021, p. 5.
(2) OJ L 286, 10.8.2021, p. 12.
(3) OJ L 288, 11.8.2021, p. 24.22.9.2022 EN Official Journal of the European Union L 246/55
(2) The following is added in point 177 (Commission Implementing Regulation (EU) 2020/484):
‘, as amended by:
— 32021 R 1318: Commission Implementing Regulation (EU) 2021/1318 of 9 August 2021(OJ L 286, 10.8.2021,
p. 5).’
(3) The following points are inserted after point 199 (Commission Implementing Regulation (EU) 2021/912):
‘200. 32021 R 1319: Commission Implementing Regulation (EU) 2021/1319 of 9 August 2021authorising changes
in the specifications of the novel food Coriander seed oil from Coriandrum sativum and amending Implementing
Regulation (EU) 2017/2470 (OJ L 286, 10.8.2021, p. 12).
201. 32021 R 1326: Commission Implementing Regulation (EU) 2021/1326 of 10 August 2021 authorising the
placing on the market of Schizochytrium sp. (FCC-3204) oil 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 288, 11.8.2021, p. 24).’
Article 2
The texts of Implementing Regulations (EU) 2021/1318, (EU) 2021/1319 and (EU) 2021/1326 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 30 April 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, 29 April 2022.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
(*) No constitutional requirements indicated.