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

Decision of the EEA Joint Committee No 202/2021 of 9 July 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/316]

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 202/2021 amends Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement to incorporate Commission Implementing Regulations (EU) 2021/668 and (EU) 2021/670 regarding novel foods.
  • Commission Implementing Regulation (EU) 2021/668 authorises a change of the conditions of use of chia seeds (Salvia hispanica) as a novel food.
  • Commission Implementing Regulation (EU) 2021/670 authorises the placing on the market of Schizochytrium sp. (WZU477) oil as a novel food.

Key Changes

  • Annex II to the EEA Agreement is amended to include Commission Implementing Regulation (EU) 2021/668 and Commission Implementing Regulation (EU) 2021/670 in point 124b.
  • Point 194 is inserted after point 193 in Annex II to the EEA Agreement, specifically referencing Commission Implementing Regulation (EU) 2021/670.
  • The decision 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 Producers and Manufacturers

  • Action Item: Review product formulations and labeling to ensure compliance with the updated regulations for chia seeds and Schizochytrium sp. oil.

Consumers

  • Action Item: No specific action required, but consumers may benefit from increased availability of products containing these ingredients.

EEA Member States

  • Action Item: National authorities should update relevant food safety regulations to reflect the inclusion of Commission Implementing Regulations (EU) 2021/668 and (EU) 2021/670.

Liechtenstein

  • Action Item: Monitor the status of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products to determine if and when this decision will apply to Liechtenstein.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. Commission Implementing Regulation (EU) 2021/668: Regulation authorising a change of the conditions of use of chia seeds (Salvia hispanica) as a novel food. Commission Implementing Regulation (EU) 2021/670: Regulation authorising the placing on the market of Schizochytrium sp. (WZU477) oil as a novel food. Regulation (EU) 2015/2283: Regulation of the European Parliament and of the Council on novel foods. Commission Implementing Regulation (EU) 2017/2470: Commission Implementing Regulation establishing the Union list of novel foods. EEA Agreement: Agreement on the European Economic Area.
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Official Journal EN of the European Union L series 2024/316 8.2.2024 DECISION OF THE EEA JOINT COMMITTEE No 202/2021 of 9 July 2021 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/316] 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) 2021/668 of 23 April 2021authorising a change of the conditions of use of chia seeds (Salvia hispanica) 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) 2021/670 of 23 April 2021authorising the placing on the market of Schizochytrium sp. (WZU477) oil 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) 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): ‘- 32021 R 0668: Commission Implementing Regulation (EU) 2021/668 of 23 April 2021(OJ L 141, 26.4.2021, p. 3), - 32021 R 0670: Commission Implementing Regulation (EU) 2021/670 of 23 April 2021 (OJ L 141, 26.4.2021, p. 14).’ 2. The following point is inserted after point 193 (Commission Regulation (EU) 2021/77): ‘194. 32021 R 0670: Commission Implementing Regulation (EU) 2021/670 of 23 April 2021authorising the placing on the market of Schizochytrium sp. (WZU477) oil 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 141, 26.4.2021, p. 14).’ (1) OJ L 141, 26.4.2021, p. 3. (2) OJ L 141, 26.4.2021, p. 14. ELI: http://data.europa.eu/eli/dec/2024/316/oj 1/2EN OJ L, 8.2.2024 Article 2 The texts of Implementing Regulations (EU) 2021/668 and (EU) 2021/670 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/2024/316/oj

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