Date: 2023-06-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 301/2022 of 9 December 2022 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1243]
**Executive Summary:**
EEA Joint Committee Decision No. 301/2022 amends Annex II to the EEA Agreement to incorporate five Commission Regulations (EU 2022/709, 710, 711, 719, and 727) regarding the refusal to authorize certain health claims made on foods. The decision was made on December 9, 2022, and came into force on December 10, 2022. This Decision does not apply to Liechtenstein.
**Key Points / Main Content:**
* **Incorporation of EU Regulations:**
* Commission Regulation EU 2022/709 regarding health claims on foods related to children's development and health is incorporated.
* Commission Regulation EU 2022/710 regarding health claims on foods related to the reduction of disease risk is incorporated.
* Commission Regulation EU 2022/711 regarding certain other health claims on foods is incorporated.
* Commission Regulation EU 2022/719 regarding certain other health claims on foods is incorporated.
* Commission Regulation EU 2022/727 regarding health claims on foods related to the reduction of disease risk is incorporated.
* **Liechtenstein Exemption:**
* The Decision does not apply to Liechtenstein due to its agreement with the Swiss Confederation on trade in agricultural products.
* **Language Authenticity:**
* The Icelandic and Norwegian language versions of Regulations EU 2022/709, EU 2022/710, EU 2022/711, EU 2022/719 and EU 2022/727 are authentic and will be published in the EEA Supplement to the Official Journal of the European Union.
* **Effective Date and Publication:**
* The Decision came into force on December 10, 2022.
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
**Impact Analysis:**
* **Food Industry:**
* *Impact:* Must comply with the incorporated EU regulations regarding health claims on food products within the EEA (excluding Liechtenstein).
* *Action Required:* Ensure that health claims made on food products adhere to the standards defined in the incorporated regulations to avoid refusal of authorization.
* **EEA Member States (excluding Liechtenstein):**
* *Impact:* Required to enforce the incorporated EU regulations regarding health claims on food products.
* *Action Required:* Implement the necessary measures to ensure compliance with the regulations and monitor the market for violations.
* **EEA Joint Committee:**
* *Impact:* Responsible for overseeing the implementation and application of the Decision.
* *Action Required:* Monitor the effectiveness of the incorporated regulations and address any issues that may arise.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Commission Regulation EU 2022/709: A European Union regulation refusing to authorise a health claim made on foods and referring to childrens development and health.
Commission Regulation EU 2022/710: A European Union regulation refusing to authorise a health claim made on foods and referring to the reduction of disease risk.
Commission Regulation EU 2022/711: A European Union regulation refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to childrens development and health.
Commission Regulation EU 2022/719: A European Union regulation refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to childrens development and health.
Commission Regulation EU 2022/727: A European Union regulation refusing to authorise a health claim made on foods and referring to the reduction of disease risk.
Liechtenstein: A country in Europe to which the legislation regarding foodstuffs shall not apply.
L 164/24 EN Official Journal of the European Union 29.6.2023
DECISION OF THE EEA JOINT COMMITTEE No 301/2022
of 9 December 2022
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
[2023/1243]
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) 2022/709 of 6 May 2022 refusing to authorise a health claim made on foods and
referring to children’s development and health(1)is to be incorporated into the EEA Agreement.
(2) Commission Regulation (EU) 2022/710 of 6 May 2022 refusing to authorise a health claim made on foods and
referring to the reduction of disease risk(2)is to be incorporated into the EEA Agreement.
(3) Commission Regulation (EU) 2022/711 of 6 May 2022refusing 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(3) is to be
incorporated into the EEA Agreement.
(4) Commission Regulation (EU) 2022/719 of 10 May 2022refusing 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(4) is to be
incorporated into the EEA Agreement.
(5) Commission Regulation (EU) 2022/727 of 11 May 2022 refusing to authorise a health claim made on foods and
referring to the reduction of disease risk(5)is to be incorporated into the EEA Agreement.
(6) 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.
(7) Annex II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 214 (Commission Implementing Regulation (EU) 2022/741) of Chapter XII of
Annex II to the EEA Agreement:
‘215. 32022 R 0709: Commission Regulation (EU) 2022/709 of 6 May 2022refusing to authorise a health claim made on
foods and referring to children’s development and health (OJ L 133, 10.5.2022, p. 6).
216. 32022 R 0710: Commission Regulation (EU) 2022/710 of 6 May 2022refusing to authorise a health claim made on
foods and referring to the reduction of disease risk (OJ L 133, 10.5.2022, p. 9).
(1) OJ L 133, 10.5.2022, p. 6.
(2) OJ L 133, 10.5.2022, p. 9.
(3) OJ L 133, 10.5.2022, p. 12.
(4) OJ L 134, 11.5.2022, p. 1.
(5) OJ L 135, 12.5.2022, p. 1.29.6.2023 EN Official Journal of the European Union L 164/25
217. 32022 R 0711: Commission Regulation (EU) 2022/711 of 6 May 2022refusing 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 133, 10.5.2022, p. 12).
218. 32022 R 0719: Commission Regulation (EU) 2022/719 of 10 May 2022refusing 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 134, 11.5.2022, p. 1).
219. 32022 R 0727: Commission Regulation (EU) 2022/727 of 11 May 2022refusing to authorise a health claim made
on foods and referring to the reduction of disease risk (OJ L 135, 12.5.2022, p. 1).’
Article 2
The texts of Regulations (EU) 2022/709, (EU) 2022/710, (EU) 2022/711, (EU) 2022/719 and (EU) 2022/727 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 December 2022, 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 December 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
* No constitutional requirements indicated.