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Date: 2022-09-22 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 118/2022 of 29 April 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1562]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This EEA Joint Committee Decision No. 118/2022 amends Annex II to the EEA Agreement to incorporate four Commission Implementing Regulations (EU) 2021/1975, 2021/2029, 2021/2079, and 2021/2129 regarding novel foods. These regulations authorize the placing on the market of specific novel foods. This decision will not apply to Liechtenstein. The decision entered into force on April 30, 2022. Key Points / Main Content: * **Amendment of Annex II:** Chapter XII of Annex II to the EEA Agreement is amended to include the following: * Addition of indents in point 124b related to Commission Implementing Regulation (EU) 2017/2470, referencing the new regulations: 2021/1975, 2021/2029, 2021/2079 and 2021/2129. * Insertion of points after point 202 referencing Commission Implementing Regulation (EU) 2021/1974 including: * Point 203: Regulation (EU) 2021/1975 concerning frozen, dried, and powder forms of Locusta migratoria. * Point 204: Regulation (EU) 2021/2029 concerning 3-Fucosyllactose (3-FL). * Point 205: Regulation (EU) 2021/2079 concerning vitamin D mushroom powder. * Point 206: Regulation (EU) 2021/2129 concerning calcium fructoborate. * **Authentic Texts:** The Icelandic and Norwegian language texts of the implementing regulations are authentic. * **Entry into Force:** The Decision entered into force on April 30, 2022, following notification under Article 103(1) of the EEA Agreement. * **Liechtenstein Exclusion:** This Decision does not apply to Liechtenstein. Impact Analysis: * **EEA Member States (excluding Liechtenstein):** * Impact: Must recognize the authorization for placing on the market of the specified novel foods (Locusta migratoria, 3-Fucosyllactose, vitamin D mushroom powder, and calcium fructoborate) within their jurisdiction. * Action Required: Implement the changes to Annex II of the EEA Agreement into their national regulations. * **Manufacturers and Distributors of Novel Foods:** * Impact: Can now legally place the specified novel foods (Locusta migratoria, 3-Fucosyllactose, vitamin D mushroom powder, and calcium fructoborate) on the market within the EEA (excluding Liechtenstein), provided they comply with the requirements of the referenced Commission Implementing Regulations. * Action Required: Ensure that their products meet the specifications and requirements outlined in Regulations (EU) 2021/1975, 2021/2029, 2021/2079 and 2021/2129.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. EEA Agreement: Agreement on the European Economic Area. The agreement is the subject of this decision. Annex II Technical regulations, standards, testing and certification to the EEA Agreement: The annex to the EEA Agreement that is being amended by this decision. Commission Implementing Regulation EU 2021/1975: Commission Implementing Regulation authorising the placing on the market of frozen, dried and powder forms of Locusta migratoria as a novel food. Commission Implementing Regulation EU 2021/2029: Commission Implementing Regulation authorising the placing on the market of 3Fucosyllactose (3FL) as a novel food. Commission Implementing Regulation EU 2021/2079: Commission Implementing Regulation authorising the placing on the market of vitamin D mushroom powder as a novel food. Commission Implementing Regulation EU 2021/2129: Commission Implementing Regulation authorising the placing on the market of calcium fructoborate as a novel food. Liechtenstein: A country to which legislation regarding foodstuffs shall not apply
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L 246/58 EN Official Journal of the European Union 22.9.2022 DECISION OF THE EEA JOINT COMMITTEE No 118/2022 of 29 April 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/1562] 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) 2021/1975 of 12 November 2021 authorising the placing on the market of frozen, dried and powder forms of Locusta migratoria 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) Commission Implementing Regulation (EU) 2021/2029 of 19 November 2021 authorising the placing on the market of 3-Fucosyllactose (3-FL) 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(2)is to be incorporated into the EEA Agreement. (3) Commission Implementing Regulation (EU) 2021/2079 of 26 November 2021 authorising the placing on the market of vitamin D mushroom powder as a novel food under Regulation (EU) 2015/2283 of the European 2 Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470(3) is to be incorporated into the EEA Agreement. (4) Commission Implementing Regulation (EU) 2021/2129 of 2 December 2021authorising the placing on the market of calcium fructoborate 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(4) is to be incorporated into the EEA Agreement. (5) 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. (6) 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 1975: Commission Implementing Regulation (EU) 2021/1975 of 12 November 2021 (OJ L 402, 15.11.2021, p. 10), — 32021 R 2029: Commission Implementing Regulation (EU) 2021/2029 of 19 November 2021 (OJ L 415, 22.11.2021, p. 9), (1) OJ L 402, 15.11.2021, p. 10. (2) OJ L 415, 22.11.2021, p. 9. (3) OJ L 426, 29.11.2021, p. 16. (4) OJ L 432, 3.12.2021, p. 13.22.9.2022 EN Official Journal of the European Union L 246/59 — 32021 R 2079: Commission Implementing Regulation (EU) 2021/2079 of 26 November 2021 (OJ L 426, 29.11.2021, p. 16), — 32021 R 2129: Commission Implementing Regulation (EU) 2021/2129 of 2 December 2021 (OJ L 432, 3.12.2021, p. 13).’ (2) The following points are inserted after point 202 (Commission Implementing Regulation (EU) 2021/1974): ‘203. 32021 R 1975: Commission Implementing Regulation (EU) 2021/1975 of 12 November 2021authorising the placing on the market of frozen, dried and powder forms of Locusta migratoria 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 402, 15.11.2021, p. 10). 204. 32021 R 2029: Commission Implementing Regulation (EU) 2021/2029 of 19 November 2021authorising the placing on the market of 3-Fucosyllactose (3-FL) 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 415, 22.11.2021, p. 9). 205. 32021 R 2079: Commission Implementing Regulation (EU) 2021/2079 of 26 November 2021authorising the placing on the market of vitamin D mushroom powder as a novel food under Regulation (EU) 2015/2283 of 2 the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 426, 29.11.2021, p. 16). 206. 32021 R 2129: Commission Implementing Regulation (EU) 2021/2129 of 2 December 2021authorising the placing on the market of calcium fructoborate 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 432, 3.12.2021, p. 13).’ Article 2 The texts of Implementing Regulations (EU) 2021/1975, (EU) 2021/2029, (EU) 2021/2079 and (EU) 2021/2129 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.

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