Date: 2023-09-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 195/2020 of 11 December 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1997]
Executive Summary:
This EEA Joint Committee Decision No. 195/2020 amends Annex II to the EEA Agreement to incorporate several Commission Implementing Regulations regarding novel foods. Specifically, it incorporates regulations EU 2020/443, EU 2020/478, EU 2020/484, and EU 2020/500. The decision does not apply to Liechtenstein. It entered into force on December 12, 2020, following notifications under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
* **Amendment of Annex II:**
* Chapter XII of Annex II to the EEA Agreement is amended.
* Point 124b is updated to include Implementing Regulations EU 2020/443, EU 2020/478, EU 2020/484 and EU 2020/500.
* Points 177 and 178 are inserted after point 176 to include Implementing Regulations EU 2020/484 and EU 2020/500 respectively.
* **Incorporated Regulations:**
* Commission Implementing Regulation EU 2020/443 regarding spermidine-rich wheat germ extract.
* Commission Implementing Regulation EU 2020/478 correcting Implementing Regulation EU 2017/2470 establishing the Union list of novel foods.
* Commission Implementing Regulation EU 2020/484 authorising the placing on the market of lacto-N-tetraose as a novel food.
* Commission Implementing Regulation EU 2020/500 authorising the placing on the market of partially defatted chia seed powders as novel foods.
* **Language Authenticity:**
* The Icelandic and Norwegian language texts of the incorporated regulations are authentic.
* **Liechtenstein Exclusion:**
* The Decision does not apply to Liechtenstein.
* **Entry into Force:**
* The Decision entered into force on December 12, 2020, after required notifications.
Impact Analysis:
**EEA Member States (excluding Liechtenstein):**
* Impact: Must align national regulations with the incorporated EU regulations on novel foods.
* Action Required: Implement the changes to national legislation to reflect the updated Annex II of the EEA Agreement, specifically regarding the novel foods mentioned in the incorporated regulations.
**Food Producers and Businesses Operating within the EEA (excluding Liechtenstein):**
* Impact: Affected by the new regulations regarding the production, marketing, and sale of novel foods, specifically spermidine-rich wheat germ extract, lacto-N-tetraose, and partially defatted chia seed powders.
* Action Required: Ensure compliance with the requirements set out in Regulations EU 2020/443, EU 2020/478, EU 2020/484, and EU 2020/500 when producing or selling the specified novel foods within the EEA.
**European Commission:**
* Impact: Responsible for ensuring the correct implementation and enforcement of the incorporated regulations within the EEA.
* Action Required: Monitor the implementation of the regulations by EEA member states and provide guidance as needed.
Key Entities Referenced
EEA Joint Committee: The decision was made by the EEA Joint Committee.
EEA Agreement: Agreement on the European Economic Area
Regulation EU 2015/2283: Regulation EU 2015/2283 of the European Parliament and of the Council concerning novel foods.
Commission Implementing Regulation EU 2017/2470: Commission Implementing Regulation EU 2017/2470 establishing the Union list of novel foods.
Commission Implementing Regulation EU 2020/443: Commission Implementing Regulation EU 2020/443 of 25 March 2020 authorising the change of the specifications of the novel food spermidinerich wheat germ extract Triticum aestivum
Commission Implementing Regulation EU 2020/478: Commission Implementing Regulation EU 2020/478 of 1 April 2020 correcting Implementing Regulation EU 2017/2470 establishing the Union list of novel foods
Commission Implementing Regulation EU 2020/484: Commission Implementing Regulation EU 2020/484 of 2 April 2020 authorising the placing on the market of lactoNtetraose as a novel food
Commission Implementing Regulation EU 2020/500: Commission Implementing Regulation EU 2020/500 of 6 April 2020 authorising the placing on the market of partially defatted chia seed Salvia hispanica powders as novel foods
28.9.2023 EN Official Journal of the European Union L 240/41
DECISION OF THE EEA JOINT COMMITTEE No 195/2020
of 11 December 2020
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/1997]
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) 2020/443 of 25 March 2020 authorising the change of the
specifications of the novel food spermidine-rich wheat germ extract (Triticum aestivum) 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) 2020/478 of 1 April 2020 correcting Implementing Regulation
(EU) 2017/2470 establishing the Union list of novel foods(2)is to be incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2020/484 of 2 April 2020 authorising the placing on the market of
lacto-N-tetraose 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(3) is to be incorporated into the EEA
Agreement.
(4) Commission Implementing Regulation (EU) 2020/500 of 6 April 2020 authorising the placing on the market of
partially defatted chia seed (Salvia hispanica) powders as novel foods under Regulation (EU) 2015/2283 of the
European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470(4)
is to be incorporated into the EEA Agreement.
(5) 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.
(6) 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):
‘— 32020 R 0443: Commission Implementing Regulation (EU) 2020/443 of 25 March 2020(OJ L 92, 26.3.2020,
p. 7),
— 32020 R 0478: Commission Implementing Regulation (EU) 2020/478 of 1 April 2020 (OJ L 102, 2.4.2020,
p. 1),
(1) OJ L 92, 26.3.2020, p. 7.
(2) OJ L 102, 2.4.2020, p. 1.
(3) OJ L 103, 3.4.2020, p. 3.
(4) OJ L 109, 7.4.2020, p. 2.L 240/42 EN Official Journal of the European Union 28.9.2023
— 32020 R 0484: Commission Implementing Regulation (EU) 2020/484 of 2 April 2020 (OJ L 103, 3.4.2020,
p. 3),
— 32020 R 0500: Commission Implementing Regulation (EU) 2020/500 of 6 April 2020 (OJ L 109, 7.4.2020,
p. 2).’
2. The following points are inserted after point 176 (Commission Implementing Regulation (EU) 2020/206):
‘177. 32020 R 0484: Commission Implementing Regulation (EU) 2020/484 of 2 April 2020authorising the placing
on the market of lacto-N-tetraose 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 103, 3.4.2020,
p. 3).
178. 32020 R 0500: Commission Implementing Regulation (EU) 2020/500 of 6 April 2020authorising the placing
on the market of partially defatted chia seed (Salvia hispanica) powders as novel foods under Regulation
(EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing
Regulation (EU) 2017/2470 (OJ L 109, 7.4.2020, p. 2).’
Article 2
The texts of Implementing Regulations (EU) 2020/443, (EU) 2020/478, (EU) 2020/484 and (EU) 2020/500 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.