Home Europe EEA Joint Committee Decision of the EEA Joint Committee No 309/2023 of 8 Decembe...
Date: 13-Jun-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 309/2023 of 8 December 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/1377]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The EEA Joint Committee Decision No 309/2023 amends Annex II to the EEA Agreement to incorporate several EU regulations concerning food safety and plastic materials in contact with food.
  • Specifically, it incorporates Commission Regulation (EU) 2023/1442 regarding plastic materials and articles intended to come into contact with food, and Commission Implementing Regulations (EU) 2023/1581, 2023/1582, and 2023/1583 regarding novel foods.
  • The decision does not apply to Liechtenstein under specific conditions related to the trade agreement between the European Community and Switzerland.

Key Changes

  • Inclusion of Commission Regulation (EU) 2023/1442, which amends Annex I to Regulation (EU) No 10/2011 concerning plastic materials and articles intended to come into contact with food, specifically addressing substance authorizations and the addition of new substances.
  • Inclusion of Commission Implementing Regulation (EU) 2023/1581, which amends Implementing Regulation (EU) 2017/2470 regarding the conditions of use of the novel food ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’.
  • Inclusion of Commission Implementing Regulation (EU) 2023/1582, which amends Implementing Regulation (EU) 2017/2470 regarding the conditions of use of the novel food 3′-Sialyllactose sodium salt produced by derivative strains of Escherichia coli BL21(DE3).
  • Inclusion of Commission Implementing Regulation (EU) 2023/1583, which amends Implementing Regulation (EU) 2017/2470 regarding the specifications of the novel food Lacto-N-neotetraose (microbial source).
  • The amendment adds specific references to the incorporated regulations within Chapter XII of Annex II to the EEA Agreement.
  • The decision came into force on December 9, 2023, provided that all notifications under Article 103(1) of the EEA Agreement have been made.

Impact Analysis

Food Producers and Manufacturers

  • Action Items: Review current materials and processes to ensure they meet the requirements of Regulation (EU) 2023/1442. Assess the use of novel foods and ensure compliance with Implementing Regulations (EU) 2023/1581, 2023/1582, and 2023/1583.

Food Importers and Distributors

  • Action Items: Verify that suppliers are aware of and comply with the new regulations. Update due diligence processes to include checks for compliance with the specified regulations.

Consumers

  • Action Items: No direct action required, but increased awareness of food safety standards can be beneficial.

Liechtenstein

  • Action Items: Monitor the status of the trade agreement between the European Community and Switzerland to determine if and when the decision may become applicable.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. European Economic Area (EEA): The region encompassing the EU member states and Iceland, Liechtenstein and Norway. Commission Regulation (EU) 2023/1442: Regulation amending Annex I to Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food. Commission Implementing Regulation (EU) 2023/1581: Regulation amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’. Commission Implementing Regulation (EU) 2023/1582: Regulation amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food 3′-Sialyllactose sodium salt produced by derivative strains of Escherichia coli BL21(DE3). Commission Implementing Regulation (EU) 2023/1583: Regulation amending Implementing Regulation (EU) 2017/2470 as regards the specifications of the novel food Lacto-N-neotetraose (microbial source). Liechtenstein: A member of the EEA, but is temporarily excluded from the application of this decision.
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Official Journal EN of the European Union L series 2024/1377 13.6.2024 DECISION OF THE EEA JOINT COMMITTEE No 309/2023 of 8 December 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/1377] 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) 2023/1442 of 11 July 2023 amending Annex I to Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food, as regards changes to substance authorisations and addition of new substances(1)is to be incorporated into the EEA Agreement. (2) Commission Implementing Regulation (EU) 2023/1581 of 1 August 2023 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’(2)is to be incorporated into the EEA Agreement. (3) Commission Implementing Regulation (EU) 2023/1582 of 1 August 2023 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food 3′-Sialyllactose sodium salt produced by derivative strains of Escherichia coli BL21(DE3)(3)is to be incorporated into the EEA Agreement. (4) Commission Implementing Regulation (EU) 2023/1583 of 1 August 2023 amending Implementing Regulation (EU) 2017/2470 as regards the specifications of the novel food Lacto-N-neotetraose (microbial source)(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 indent is added in point 55 (Commission Regulation (EU) No 10/2011): ‘— 32023 R 1442: Commission Regulation (EU) 2023/1442 of 11 July 2023(OJ L 177, 12.7.2023, p. 45).’ (1) OJ L 177, 12.7.2023, p. 45. (2) OJ L 194, 2.8.2023, p. 4. (3) OJ L 194, 2.8.2023, p. 8. (4) OJ L 194, 2.8.2023, p. 13. ELI: http://data.europa.eu/eli/dec/2024/1377/oj 1/2EN OJ L, 13.6.2024 2. The following indents are added in point 124b (Commission Implementing Regulation (EU) 2017/2470): ‘— 32023 R 1581: Commission Implementing Regulation (EU) 2023/1581 of 1 August 2023 (OJ L 194, 2.8.2023, p. 4), — 32023 R 1582: Commission Implementing Regulation (EU) 2023/1582 of 1 August 2023 (OJ L 194, 2.8.2023, p. 8), — 32023 R 1583: Commission Implementing Regulation (EU) 2023/1583 of 1 August 2023 (OJ L 194, 2.8.2023, p. 13).’ Article 2 The texts of Regulation (EU) 2023/1442 and Implementing Regulations (EU) 2023/1581, (EU) 2023/1582 and (EU) 2023/1583 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 9 December 2023, 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, 8 December 2023. For the EEA Joint Committee The President Pascal SCHAFHAUSER (*) No constitutional requirements indicated. 2/2 ELI: http://data.europa.eu/eli/dec/2024/1377/oj

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