Decision of the EEA Joint Committee No 128/2025 of 13 June 2025 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2025/1863]

Official Journal EN of the European Union L series 2025/1863 2.10.2025 DECISION OF THE EEA JOINT COMMITTEENo 128/2025 of 13 June 2025 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2025/1863] 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 Regulation (EU) 2025/350 of 21 February 2025 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health(1) is to be incorporated into the EEA Agreement.

(2) Commission Regulation (EU) 2025/351 of 21 February 2025 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food, amending Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008, and amending Regulation (EC) No 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food as regards recycled plastic and other matters related to quality control and manufacturing of plastic materials and articles intended to come into contact with food(2)is to be incorporated into the EEA Agreement.

(3) 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.

(4) 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 is amended as follows:

1. The following indent is added in points 54zzzb (Commission Regulation (EC) No 2023/2006) and 55 (Commission Regulation (EU) No 10/2011): ‘— 32025 R 0351: Commission Regulation (EU) 2025/351 of 21 February 2025 (OJ L, 2025/351, 24.2.2025).’

2. The following is added in point 56 (Commission Regulation (EU) 2022/1616): ‘, as amended by: — 32025 R 0351: Commission Regulation (EU) 2025/351 of 21 February 2025 (OJ L, 2025/351, 24.2.2025).’

3. The following point is inserted after point 264 (Commission Implementing Regulation (EU) 2025/167): ‘265. 32025 R 0350: Commission Regulation (EU) 2025/350 of 21 February 2025 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health (OJ L, 2025/350, 24.2.2025).’

(1) OJ L, 2025/350, 24.2.2025, ELI: http://data.europa.eu/eli/reg/2025/350/oj.

(2) OJ L, 2025/351, 24.2.2025, ELI: http://data.europa.eu/eli/reg/2025/351/oj.

ELI: http://data.europa.eu/eli/dec/2025/1863/oj 1/2EN OJ L, 2.10.2025 Article 2 The texts of Regulations (EU) 2025/350 and (EU) 2025/351 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 14 June 2025, 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, 13 June 2025.

For the EEA Joint Committee The President Nicolas VON LINGEN (*) No constitutional requirements indicated.

2/2 ELI: http://data.europa.eu/eli/dec/2025/1863/oj