Date: 2023-11-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 146/2023 of 13 June 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2543]
Executive Summary:
EEA Joint Committee Decision No. 146/2023 amends Annex II to the EEA Agreement to incorporate several Commission Regulations and Implementing Regulations regarding technical regulations, standards, testing, and certification. These amendments concern foodstuffs, specifically the use of certain additives and novel foods. The decision will not apply to Liechtenstein and entered into force on June 14, 2023.
Key Points / Main Content:
Amendments to Annex II of the EEA Agreement:
* Point 54zzzzr is amended to include Regulations EU 2022/1023, EU 2022/1037, and EU 2022/1038 related to Regulation EC No 1333/2008.
* Point 124b is amended to include Implementing Regulations EU 2022/0965, EU 2022/0966, EU 2022/1160, EU 2022/1365, and EU 2022/1381 related to Implementing Regulation EU 2017/2470.
* A new point 222 is inserted after point 221, adding Implementing Regulation EU 2022/0965.
Foodstuffs Legislation:
* Regulation EU 2022/1023 concerns oat lecithin in cocoa and chocolate products.
* Regulation EU 2022/1037 concerns glycolipids as a preservative in beverages.
* Regulation EU 2022/1038 concerns polyvinylpyrrolidone (E1201) in food for special medical purposes.
* Implementing Regulation EU 2022/0965 authorizes the placing on the market of kernels from the edible variety of Jatropha curcas L. as a novel food.
* Implementing Regulation EU 2022/0966 amends conditions of use, labeling, and specifications of Calanus finmarchicus oil as a novel food.
* Implementing Regulation EU 2022/1160 amends conditions of use and specifications of nicotinamide riboside chloride as a novel food.
* Implementing Regulation EU 2022/1365 amends conditions of use of Schizochytrium sp. oil rich in DHA and EPA as a novel food.
* Implementing Regulation EU 2022/1381 amends conditions of use of galactooligosaccharide as a novel food.
Liechtenstein Exclusion:
* The Decision does not apply to Liechtenstein due to its agreement with the Swiss Confederation on trade in agricultural products.
Authentic Texts:
* The Icelandic and Norwegian language versions of the mentioned Regulations and Implementing Regulations will be published in the EEA Supplement to the Official Journal and are authentic.
Entry into Force:
* The Decision entered into force on June 14, 2023, following notifications under Article 103(1) of the EEA Agreement.
Impact Analysis:
EEA Member States (excluding Liechtenstein):
Impact: Must incorporate the listed EU Regulations and Implementing Regulations into their national laws concerning food standards and technical regulations.
Action Required: Update national legislation to reflect the changes mandated by the incorporated EU Regulations and Implementing Regulations.
Food Producers and Manufacturers:
Impact: Affected by changes in permitted food additives, novel food authorizations, and labeling requirements.
Action Required: Ensure compliance with the updated regulations regarding the use of oat lecithin, glycolipids, polyvinylpyrrolidone, Jatropha curcas L. kernels, Calanus finmarchicus oil, nicotinamide riboside chloride, Schizochytrium sp. oil, and galactooligosaccharide in food products.
European Commission:
Impact: Responsible for ensuring the correct implementation and application of the regulations across the EEA (excluding Liechtenstein).
Action Required: Monitor the implementation of the regulations by EEA member states and address any inconsistencies or non-compliance issues.
Key Entities Referenced
EEA Joint Committee: The decision was made by the EEA Joint Committee.
EEA Agreement: Agreement on the European Economic Area
Commission Regulation EU 2022/1023: Commission Regulation amending Annex II to Regulation EC No 1333/2008 as regards the use of oat lecithin in cocoa and chocolate products.
Commission Regulation EU 2022/1037: Commission Regulation amending Annex II to Regulation EC No 1333/2008 as regards the use of glycolipids as a preservative in beverages
Commission Regulation EU 2022/1038: Commission Regulation amending Annex II to Regulation EC No 1333/2008 as regards the use of polyvinylpyrrolidone E1201 in food for special medical purposes, in tablet and coated tablet forms
Commission Implementing Regulation EU 2022/965: Commission Implementing Regulation authorising the placing on the market of kernels from the edible variety of Jatropha curcas L. as a novel food and amending Implementing Regulation EU 2017/2470
Commission Implementing Regulation EU 2017/2470: Commission Implementing Regulation EU 2017/2470 is amended by several regulations listed in the document.
Liechtenstein: 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
Official Journal EN
of the European Union L series
2023/2543 30.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 146/2023
of 13 June 2023
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/2543]
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) 2022/1023 of 28 June 2022amending Annex II to Regulation (EC) No 1333/2008 of
the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards
the use of oat lecithin in cocoa and chocolate products as covered by Directive 2000/36/EC of the European
Parliament and of the Council(1)is to be incorporated into the EEA Agreement.
(2) Commission Regulation (EU) 2022/1037 of 29 June 2022amending Annex II to Regulation (EC) No 1333/2008 of
the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards
the use of glycolipids as a preservative in beverages(2)is to be incorporated into the EEA Agreement.
(3) Commission Regulation (EU) 2022/1038 of 29 June 2022amending Annex II to Regulation (EC) No 1333/2008 of
the European Parliament and of the Council as regards the use of polyvinylpyrrolidone (E1201) in food for special
medical purposes, in tablet and coated tablet forms(3)is to be incorporated into the EEA Agreement.
(4) Commission Implementing Regulation (EU) 2022/965 of 21 June 2022 authorising the placing on the market of
kernels from the edible variety of Jatropha curcas L. as a novel food and amending Implementing Regulation
(EU) 2017/2470(4)is to be incorporated into the EEA Agreement.
(5) Commission Implementing Regulation (EU) 2022/966 of 21 June 2022 amending Implementing Regulation
(EU) 2017/2470 as regards the conditions of use, the specific labelling requirements and specifications of the novel
food Calanus finmarchicus oil(5)is to be incorporated into the EEA Agreement.
(6) Commission Implementing Regulation (EU) 2022/1160 of 5 July 2022 amending Implementing Regulation
(EU) 2017/2470 as regards the conditions of use and the specifications of the novel food nicotinamide riboside
chloride(6)is to be incorporated into the EEA Agreement.
(7) Commission Implementing Regulation (EU) 2022/1365 of 4 August 2022 amending Implementing Regulation
(EU) 2017/2470 as regards the conditions of use of the novel food Schizochytrium sp. oil rich in DHA and EPA(7)is
to be incorporated into the EEA Agreement.
(8) Commission Implementing Regulation (EU) 2022/1381 of 8 August 2022 amending Implementing Regulation
(EU) 2017/2470 as regards the conditions of use of the novel food galacto-oligosaccharide(8)is to be incorporated
into the EEA Agreement.
(1) OJ L 172, 29.6.2022, p. 5.
(2) OJ L 173, 30.6.2022, p. 52.
(3) OJ L 173, 30.6.2022, p. 56.
(4) OJ L 166, 22.6.2022, p. 118.
(5) OJ L 166, 22.6.2022, p. 125.
(6) OJ L 179, 6.7.2022, p. 25.
(7) OJ L 205, 5.8.2022, p. 230.
(8) OJ L 207, 9.8.2022, p. 12.
ELI: http://data.europa.eu/eli/dec/2023/2543/oj 1/3EN
OJ L, 30.11.2023
(9) 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.
(10) 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 54zzzzr (Regulation (EC) No 1333/2008 of the European Parliament and of
the Council):
‘- 32022 R 1023: Commission Regulation (EU) 2022/1023 of 28 June 2022(OJ L 172, 29.6.2022, p. 5),
- 32022 R 1037: Commission Regulation (EU) 2022/1037 of 29 June 2022(OJ L 173, 30.6.2022, p. 52),
- 32022 R 1038: Commission Regulation (EU) 2022/1038 of 29 June 2022(OJ L 173, 30.6.2022, p. 56).’
2. The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):
‘- 32022 R 0965: Commission Implementing Regulation (EU) 2022/965 of 21 June 2022 (OJ L 166, 22.6.2022,
p. 118),
- 32022 R 0966: Commission Implementing Regulation (EU) 2022/966 of 21 June 2022 (OJ L 166, 22.6.2022,
p. 125),
- 32022 R 1160: Commission Implementing Regulation (EU) 2022/1160 of 5 July 2022(OJ L 179, 6.7.2022, p. 25),
- 32022 R 1365: Commission Implementing Regulation (EU) 2022/1365 of 4 August 2022 (OJ L 205, 5.8.2022,
p. 230),
- 32022 R 1381: Commission Implementing Regulation (EU) 2022/1381 of 8 August 2022 (OJ L 207, 9.8.2022,
p. 12).’
3. The following point is inserted after point 221 (Commission Implementing Regulation (EU) 2022/961):
‘222. 32022 R 0965: Commission Implementing Regulation (EU) 2022/965 of 21 June 2022authorising the placing
on the market of kernels from the edible variety of Jatropha curcas L. as a novel food and amending Implementing
Regulation (EU) 2017/2470 (OJ L 166, 22.6.2022, p. 118).’
Article 2
The texts of Regulations (EU) 2022/1023, (EU) 2022/1037 and (EU) 2022/1038 and Implementing Regulations
(EU) 2022/965, (EU) 2022/966, (EU) 2022/1160, (EU) 2022/1365 and (EU) 2022/1381 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 2023, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
* No constitutional requirements indicated.
2/3 ELI: http://data.europa.eu/eli/dec/2023/2543/ojEN
OJ L, 30.11.2023
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 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
ELI: http://data.europa.eu/eli/dec/2023/2543/oj 3/3