Date: 2025-10-02Category: Not ApplicableState: Union GovernmentCountry: Europe
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]
**Executive Summary**
This is a decision of the EEA Joint Committee No. 128/2025, dated June 13, 2025, which amends Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement. It incorporates Commission Regulations (EU) 2025/350 and 2025/351 into the EEA Agreement. The decision enters into force on June 14, 2025, contingent upon completion of notifications under Article 103(1) of the EEA Agreement.
**Key Points / Main Content**
* **Amendment of Annex II, Chapter XII:**
* The Decision amends Chapter XII of Annex II to the EEA Agreement.
* **Incorporation of Commission Regulation (EU) 2025/351:**
* Regulation 2025/351, which amends Regulation (EU) No 10/2011 on plastic materials intended to come into contact with food, Regulation (EU) 2022/1616 on recycled plastic materials and articles, repeals Regulation (EC) No 282/2008, and amends Regulation (EC) No 2023/2006, is added to points 54zzzb and 55.
* **Incorporation of Commission Regulation (EU) 2025/350:**
* Regulation 2025/350, which refuses 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, is inserted after point 264.
* **Authentic Language Texts:**
* The Icelandic and Norwegian language texts of Regulations (EU) 2025/350 and (EU) 2025/351, to be published in the EEA Supplement, are authentic.
* **Liechtenstein Exemption:**
* This Decision does not apply to Liechtenstein, contingent upon the extension of the agreement between the European Community and the Swiss Confederation on trade in agricultural products to Liechtenstein.
**Impact Analysis**
**EEA Member States**
* **Impact:** These states are required to incorporate the specified EU regulations into their national legislation and practices to harmonize with EEA standards.
* **Action Required:** Review and amend national laws and regulations to ensure compliance with Commission Regulations (EU) 2025/350 and (EU) 2025/351.
**Food Industry and Manufacturers of Plastic Materials**
* **Impact:** The food industry and manufacturers are subject to the new regulations regarding health claims on foods and the manufacturing of plastic materials intended to come into contact with food.
* **Action Required:** Update manufacturing processes, labeling, and marketing strategies to comply with the requirements of the incorporated Commission Regulations.
**Liechtenstein**
* **Impact:** This Decision does not apply to Liechtenstein under certain conditions.
* **Action Required:** Monitor the status of the agreement with the European Community and Swiss Confederation to determine if and when the Decision becomes applicable.
Key Entities Referenced
EEA Agreement: Agreement on the European Economic Area, central to the document's scope.
Commission Regulation (EU) 2025/351: Regulation amending plastic materials and articles intended to come into contact with food.
Commission Regulation (EU) 2025/350: Regulation refusing to authorise a health claim made on foods.
Annex II (Technical regulations, standards, testing and certification): Part of the EEA Agreement that the decision amends.
Liechtenstein: Location for which the regulations do not apply in certain cases.
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