Date: 2023-09-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 196/2020 of 11 December 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1998]
Executive Summary:
EEA Joint Committee Decision No. 196/2020 amends Annex II to the EEA Agreement to incorporate Commission Implementing Regulations (EU) 2020/916 and 2020/973 regarding novel foods. The decision, concerning foodstuff legislation, 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 with indents for Regulations (EU) 2020/916 and 2020/973.
* Points 179 and 180 are inserted after point 178, incorporating Regulations (EU) 2020/916 and 2020/973 respectively.
* **Novel Foods:**
* Regulation (EU) 2020/916 authorises the extension of use of xylo-oligosaccharides as a novel food.
* Regulation (EU) 2020/973 authorises a change in the conditions of use of protein extract from pig kidneys as a novel food.
* **Authentic Texts:** The Icelandic and Norwegian language versions of Regulations (EU) 2020/916 and (EU) 2020/973 are authentic.
* **Entry into Force:** The Decision entered into force on December 12, 2020, pending notifications.
* **Publication:** The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
* **Liechtenstein Exclusion:** This Decision does not apply to Liechtenstein.
Impact Analysis:
**European Economic Area (EEA) Member States (excluding Liechtenstein):**
* *Impact:* Must incorporate the updated regulations regarding novel foods into their national laws and practices.
* *Action Required:* Review and update national regulations to align with Commission Implementing Regulations (EU) 2020/916 and 2020/973.
**Food Producers and Distributors:**
* *Impact:* Need to comply with the new regulations regarding xylo-oligosaccharides and protein extract from pig kidneys if they manufacture or distribute these novel foods within the EEA (excluding Liechtenstein).
* *Action Required:* Ensure that their products and labeling meet the requirements outlined in Commission Implementing Regulations (EU) 2020/916 and 2020/973.
**Consumers:**
* *Impact:* May encounter food products containing xylo-oligosaccharides or protein extract from pig kidneys, which are now authorized novel foods within the EEA (excluding Liechtenstein).
* *Action Required:* No direct action required, but may wish to be aware of the presence of these novel foods in the market.
Key Entities Referenced
EEA Joint Committee: The committee responsible for decisions related to the European Economic Area (EEA) Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Commission Implementing Regulation EU 2020/916: A regulation authorising the extension of use of xylo-oligosaccharides as a novel food.
Regulation EU 2015/2283: Regulation of the European Parliament and of the Council regarding novel foods.
Commission Implementing Regulation EU 2017/2470: A regulation related to novel foods that is amended by other regulations mentioned in the document.
Commission Implementing Regulation EU 2020/973: A regulation authorising a change of the conditions of use of the novel food protein extract from pig kidneys.
Liechtenstein: A country to which the legislation regarding foodstuffs shall not apply under specific conditions related to an agreement with the Swiss Confederation.
Brussels: The city where the Decision was finalized.
28.9.2023 EN Official Journal of the European Union L 240/43
DECISION OF THE EEA JOINT COMMITTEE No 196/2020
of 11 December 2020
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/1998]
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) 2020/916 of 1 July 2020 authorising the extension of use of xylo-
oligosaccharides 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(1) is to be incorporated into the EEA
Agreement.
(2) Commission Implementing Regulation (EU) 2020/973 of 6 July 2020authorising a change of the conditions of use
of the novel food ‘protein extract from pig kidneys’ and amending Implementing Regulation (EU) 2017/2470(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 shall be amended as follows:
1. The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470):
‘— 32020 R 0916: Commission Implementing Regulation (EU) 2020/916 of 1 July 2020(OJ L 209, 2.7.2020, p. 6),
— 32020 R 0973: Commission Implementing Regulation (EU) 2020/973 of 6 July 2020(OJ L 215, 7.7.2020, p. 7).’
2. The following points are inserted after point 178 (Commission Implementing Regulation (EU) 2020/500):
‘179. 32020 R 0916: Commission Implementing Regulation (EU) 2020/916 of 1 July 2020authorising the extension
of use of xylo-oligosaccharides 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 209, 2.7.2020,
p. 6).
180. 32020 R 0973: Commission Implementing Regulation (EU) 2020/973 of 6 July 2020authorising a change of
the conditions of use of the novel food ‘protein extract from pig kidneys’ and amending Implementing
Regulation (EU) 2017/2470 (OJ L 215, 7.7.2020, p. 7).’
(1) OJ L 209, 2.7.2020, p. 6.
(2) OJ L 215, 7.7.2020, p. 7.L 240/44 EN Official Journal of the European Union 28.9.2023
Article 2
The texts of Implementing Regulations (EU) 2020/916 and (EU) 2020/973 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.