Date: 2018-03-15Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 139/2016 of 8 July 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2018/361]
**Executive Summary:**
EEA Joint Committee Decision No. 139/2016 amends Annex II to the EEA Agreement to incorporate Commission Regulations (EU) 2015/704 and 2015/705 concerning foodstuff regulations, specifically regarding non-dioxin-like PCBs in spiny dogfish and methods for controlling erucic acid levels, respectively. This decision repeals Commission Directive 80/891/EEC. The Decision entered into force on July 9, 2016, following notification under Article 103(1) of the EEA Agreement.
**Key Points / Main Content:**
* **Amendment of Annex II to the EEA Agreement:**
* Chapter XII of Annex II to the EEA Agreement is amended.
* **Incorporation of Regulations:**
* Commission Regulation (EU) 2015/704 on maximum levels of non-dioxin-like PCBs in wild-caught spiny dogfish is incorporated.
* Commission Regulation (EU) 2015/705 on sampling methods and performance criteria for erucic acid levels in foodstuffs is incorporated.
* **Repeal of Directive:**
* Commission Directive 80/891/EEC is repealed.
* **Liechtenstein Exception:**
* The Decision does not apply to Liechtenstein, contingent on the extension of the Agreement between the EC and Switzerland on trade in agricultural products to Liechtenstein.
* **Authentic Texts:**
* The Icelandic and Norwegian language texts of Regulations (EU) 2015/704 and (EU) 2015/705 are authentic.
* **Entry into Force:**
* The Decision entered into force on July 9, 2016, after notifications under Article 103(1) of the EEA Agreement.
**Impact Analysis**
**EEA Member States (excluding Liechtenstein):**
* *Impact:* Must align national regulations with the incorporated EU regulations regarding food safety standards for PCBs in spiny dogfish and erucic acid levels.
* *Action Required:* Implement and enforce Regulations (EU) 2015/704 and (EU) 2015/705 within their respective jurisdictions.
**Food Producers and Suppliers:**
* *Impact:* Must comply with the new maximum levels for non-dioxin-like PCBs in wild-caught spiny dogfish and adhere to the specified sampling and analysis methods for erucic acid in foodstuffs.
* *Action Required:* Ensure products meet the regulatory standards outlined in Regulations (EU) 2015/704 and (EU) 2015/705.
**Control Authorities:**
* *Impact:* Responsible for the official control and monitoring of the levels of erucic acid in food products
* *Action Required:* Apply the sampling and performance criteria for the methods of analysis as described in Regulation (EU) 2015/705
Key Entities Referenced
EEA Agreement: Agreement on the European Economic Area.
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
Commission Regulation (EU) 2015/704: Commission Regulation amending Regulation (EC) No 1881/2006 as regards the maximum level of nondioxin-like PCBs in wild caught spiny dogfish Squalus acanthias.
Commission Regulation (EU) 2015/705: Commission Regulation laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC.
Commission Directive 80/891/EEC: Commission Directive related to methods of sampling and analysis for the official control of the levels of erucic acid in foodstuffs.
Liechtenstein: A European country to which the legislation regarding foodstuffs shall not apply under certain conditions related to the Agreement between the European Community and the Swiss Confederation.
European Union: Political and economic union of European countries
Brussels: Location where the Decision of the EEA Joint Committee was done.
15.3.2018 EN Official Journal of the European Union L 73/9
DECISION OF THE EEA JOINT COMMITTEE
No 139/2016
of 8 July 2016
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2018/361]
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) 2015/704 of 30 April 2015 amending Regulation (EC) No 1881/2006 as regards the
maximum level of non-dioxin-like PCBs in wild caught spiny dogfish (Squalus acanthias) (1) is to be incorporated into
the EEA Agreement.
(2) Commission Regulation (EU) 2015/705 of 30 April 2015 laying down methods of sampling and performance
criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing
Commission Directive 80/891/EEC (2) is to be incorporated into the EEA Agreement.
(3) Regulation (EU) 2015/705 repeals Commission Directive 80/891/EEC (3), which is incorporated into the EEA
Agreement and which is consequently to be repealed under 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 indent is added in point 54zzzz (Commission Regulation (EC) No 1881/2006):
‘— 32015 R 0704: Commission Regulation (EU) 2015/704 of 30 April 2015 (OJ L 113, 1.5.2015, p. 27).’
(2) The following point is inserted after point 107 (Commission Regulation (EU) 2015/1898):
‘108. 32015 R 0705: Commission Regulation (EU) 2015/705 of 30 April 2015 laying down methods of sampling and
performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs
and repealing Commission Directive 80/891/EEC (OJ L 113, 1.5.2015, p. 29).’
(3) The text of point 27 (Commission Directive 80/891/EEC) is deleted.
Article 2
The texts of Regulations (EU) 2015/704 and (EU) 2015/705 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.
(1) OJ L 113, 1.5.2015, p. 27.
(2) OJ L 113, 1.5.2015, p. 29.
(3) OJ L 254, 27.9.1980, p. 35.L 73/10 EN Official Journal of the European Union 15.3.2018
Article 3
This Decision shall enter into force on 9 July 2016, 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, 8 July 2016.
For the EEA Joint Committee
The President
Bergdís ELLERTSDÓTTIR
(*) No constitutional requirements indicated.