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Date: 8-Feb-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 201/2021 of 9 July 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/312]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The Decision of the EEA Joint Committee No 201/2021 amends Annex II to the EEA Agreement to incorporate several Commission Regulations related to foodstuffs.
  • Specifically, it incorporates regulations concerning health claims made on foods, the use of nicotinamide riboside chloride and magnesium citrate malate in food supplements, and botanical species containing hydroxyanthracene derivatives.
  • This decision does not apply to Liechtenstein under specific conditions related to the trade agreement between the European Community and Switzerland.

Key Changes

  • Incorporation of Commission Regulation (EU) 2021/77, which refuses to authorize certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health.
  • Incorporation of Commission Regulation (EU) 2021/418, which amends Directive 2002/46/EC regarding nicotinamide riboside chloride and magnesium citrate malate used in food supplements, and units of measurement for copper.
  • Incorporation of Commission Regulation (EU) 2021/468, which amends Annex III to Regulation (EC) No 1925/2006 regarding botanical species containing hydroxyanthracene derivatives.
  • The amendment adds specific indents to Chapter XII of Annex II to the EEA Agreement, referencing the official journal publications of the incorporated regulations.
  • The decision explicitly states that it does not apply to Liechtenstein as long as the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.

Impact Analysis

Food Manufacturers and Suppliers

  • Action Items: Review product formulations and labeling to ensure compliance with Regulations (EU) 2021/77, (EU) 2021/418, and (EU) 2021/468. Update internal processes for assessing and substantiating health claims. Ensure correct measurement units are used for copper content. Review the use of botanical species containing hydroxyanthracene derivatives.

Consumers

  • Action Items: No direct action required. Increased transparency and safety in the food supply chain.

Regulatory Bodies

  • Action Items: Update monitoring and enforcement procedures to reflect the changes introduced by Regulations (EU) 2021/77, (EU) 2021/418, and (EU) 2021/468. Provide guidance and support to food manufacturers and suppliers to ensure compliance.

Liechtenstein Businesses

  • Action Items: Businesses in Liechtenstein should monitor the status of the trade agreement between the European Community and Switzerland to determine if and when these regulations will apply.

Key Entities Referenced

EEA Joint Committee: The governing body responsible for amending the EEA Agreement. European Commission: The executive branch of the European Union, responsible for proposing and implementing legislation. European Parliament and Council: Legislative bodies of the European Union. Regulation (EU) 2021/77: Commission Regulation refusing to authorise certain health claims made on foods. Regulation (EU) 2021/418: Commission Regulation amending Directive 2002/46/EC regarding nicotinamide riboside chloride and magnesium citrate malate in food supplements. Regulation (EU) 2021/468: Commission Regulation amending Annex III to Regulation (EC) No 1925/2006 regarding botanical species containing hydroxyanthracene derivatives. Directive 2002/46/EC: Directive of the European Parliament and of the Council on food supplements. Regulation (EC) No 1925/2006: Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods. Liechtenstein: A country within the European Economic Area to which this decision does not apply under certain conditions.
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Official Journal EN of the European Union L series 2024/312 8.2.2024 DECISION OF THE EEA JOINT COMMITTEE No 201/2021 of 9 July 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/312] 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) 2021/77 of 27 January 2021 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health(1)is to be incorporated into the EEA Agreement. (2) Commission Regulation (EU) 2021/418 of 9 March 2021 amending Directive 2002/46/EC of the European Parliament and of the Council as regards nicotinamide riboside chloride and magnesium citrate malate used in the manufacture of food supplements and as regards the units of measurement used for copper(2)is to be incorporated into the EEA Agreement. (3) Commission Regulation (EU) 2021/468 of 18 March 2021amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives(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 indent is added in point 54zzi (Directive 2002/46/EC of the European Parliament and of the Council): ‘- 32021 R 0418: Commission Regulation (EU) 2021/418 of 9 March 2021(OJ L 83, 10.3.2021, p. 1).’ 2. The following indent is added in point 54zzzu (Regulation (EC) No 1925/2006 of the European Parliament and of the Council): ‘- 32021 R 0468: Commission Regulation (EU) 2021/468 of 18 March 2021(OJ L 96, 19.3.2021, p. 6).’ (1) OJ L 29, 28.1.2021, p. 1. (2) OJ L 83, 10.3.2021, p. 1. (3) OJ L 96, 19.3.2021, p. 6. ELI: http://data.europa.eu/eli/dec/2024/312/oj 1/2EN OJ L, 8.2.2024 3. The following point is inserted after point 192 (Commission Implementing Regulation (EU) 2021/120): ‘193. 32021 R 0077: Commission Regulation (EU) 2021/77 of 27 January 2021refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (OJ L 29, 28.1.2021, p. 1).’ Article 2 The texts of Regulations (EU) 2021/77, (EU) 2021/418 and (EU) 2021/468 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 10 July 2021, 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, 9 July 2021. For the EEA Joint Committee The President Rolf EINAR FIFE * No constitutional requirements indicated. 2/2 ELI: http://data.europa.eu/eli/dec/2024/312/oj

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