Date: 2023-09-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 193/2020 of 11 December 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1995]
Executive Summary:
EEA Joint Committee Decision No. 193/2020 amends Annex II to the EEA Agreement to incorporate Commission Implementing Regulations EU 2019/2165, EU 2020/16, and EU 2020/24, concerning novel foods. The decision, made on December 11, 2020, entered into force on December 12, 2020, following notifications under Article 103(1) of the EEA Agreement. This decision does not apply to Liechtenstein.
Key Points / Main Content:
* **Amendments to Annex II:**
* Chapter XII of Annex II to the EEA Agreement is amended.
* Point 124b is updated to include Implementing Regulations EU 2019/2165, EU 2020/16, and EU 2020/24.
* Points 174 and 175 are inserted after point 173, referencing Regulations EU 2020/16 and EU 2020/24, respectively.
* **Incorporated Regulations:**
* Commission Implementing Regulation EU 2019/2165 (coriander seed oil) is incorporated.
* Commission Implementing Regulation EU 2020/16 (nicotinamide riboside chloride) is incorporated.
* Commission Implementing Regulation EU 2020/24 (chia seeds) is incorporated.
* **Languages:**
* The Icelandic and Norwegian language texts of Implementing Regulations EU 2019/2165, EU 2020/16 and EU 2020/24 are authentic.
* **Liechtenstein Exclusion:**
* The Decision does not apply to Liechtenstein due to its agreement with the Swiss Confederation on trade in agricultural products.
* **Entry into Force:**
* The Decision entered into force on December 12, 2020, after required notifications.
Impact Analysis:
EEA Members (excluding Liechtenstein):
* Impact: Must align national regulations with the incorporated EU regulations regarding novel foods (coriander seed oil, nicotinamide riboside chloride, and chia seeds).
* Action Required: Update national laws and practices to reflect the changes introduced by Implementing Regulations EU 2019/2165, EU 2020/16, and EU 2020/24.
European Union:
* Impact: To ensure consistent application of novel food regulations across the EEA, excluding Liechtenstein.
* Action Required: Continue to monitor and support the implementation of these regulations within the EEA.
Iceland and Norway:
* Impact: The authentic texts of the Implementing Regulations in Icelandic and Norwegian languages must be recognized.
* Action Required: Ensure the accurate application of the translated regulations within their respective jurisdictions.
Food Producers and Distributors:
* Impact: Subject to the updated regulations concerning the production, labeling, and marketing of novel foods.
* Action Required: Ensure compliance with the new specifications, conditions of use, and labeling requirements for coriander seed oil, nicotinamide riboside chloride, and chia seeds.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area
European Parliament: Legislative branch of the European Union
Commission Implementing Regulation EU 2019/2165: Commission Implementing Regulation authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum
Commission Implementing Regulation EU 2020/16: Commission Implementing Regulation authorising the placing on the market of nicotinamide riboside chloride as a novel food
Commission Implementing Regulation EU 2020/24: Commission Implementing Regulation authorising an extension of use of chia seeds Salvia hispanica as a novel food
Regulation EU 2015/2283: Regulation of the European Parliament and of the Council on novel foods.
Liechtenstein: A country in Europe to which the legislation regarding foodstuffs shall not apply as long as the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to it.
28.9.2023 EN Official Journal of the European Union L 240/37
DECISION OF THE EEA JOINT COMMITTEE No 193/2020
of 11 December 2020
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/1995]
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) 2019/2165 of 17 December 2019 authorising the change of the
specifications of the novel food coriander seed oil from Coriandrum sativum 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) 2020/16 of 10 January 2020authorising the placing on the market of
nicotinamide riboside chloride 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) 2020/24 of 13 January 2020 authorising an extension of use of chia
seeds (Salvia hispanica) as a novel food and the change of the conditions of use and the specific labelling
requirements of chia seeds (Salvia hispanica) under Regulation (EU) 2015/2283 of the European Parliament and of
the Council and amending Commission Implementing Regulation (EU) 2017/2470(3)is to be incorporated into 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 indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):
‘— 32019 R 2165: Commission Implementing Regulation (EU) 2019/2165 of 17 December 2019 (OJ L 328,
18.12.2019, p. 81),
— 32020 R 0016: Commission Implementing Regulation (EU) 2020/16 of 10 January 2020 (OJ L 7, 13.1.2020,
p. 6),
— 32020 R 0024: Commission Implementing Regulation (EU) 2020/24 of 13 January 2020 (OJ L 8, 14.1.2020,
p. 12).’
(1) OJ L 328, 18.12.2019, p. 81.
(2) OJ L 7, 13.1.2020, p. 6.
(3) OJ L 8, 14.1.2020, p. 12.L 240/38 EN Official Journal of the European Union 28.9.2023
2. The following points are inserted after point 173 (Commission Implementing Regulation (EU) 2019/1979):
‘174. 32020 R 0016: Commission Implementing Regulation (EU) 2020/16 of 10 January 2020 authorising the
placing on the market of nicotinamide riboside chloride 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 7, 13.1.2020, p. 6).
175. 32020 R 0024: Commission Implementing Regulation (EU) 2020/24 of 13 January 2020 authorising an
extension of use of chia seeds (Salvia hispanica) as a novel food and the change of the conditions of use and the
specific labelling requirements of chia seeds (Salvia hispanica) under Regulation (EU) 2015/2283 of the European
Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 8,
14.1.2020, p. 12).’
Article 2
The texts of Implementing Regulations (EU) 2019/2165, (EU) 2020/16 and (EU) 2020/24 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 12 December 2020, 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, 11 December 2020.
For the EEA Joint Committee
The President
Sabine MONAUNI
* No constitutional requirements indicated.