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Date: 13-Jun-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 311/2023 of 8 December 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/1384]

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 311/2023 amends Annex II to the EEA Agreement to incorporate Commission Regulation (EU) 2022/1396 regarding the presence of ethylene oxide in food additives.
  • This decision integrates EU Regulation 2022/1396 into the EEA Agreement, updating technical regulations, standards, testing, and certification related to food additives.

Key Changes

  • The decision adds Commission Regulation (EU) 2022/1396 of 11 August 2022 to point 69 of Chapter XII of Annex II to the EEA Agreement.
  • Regulation (EU) 2022/1396 amends the Annex to Regulation (EU) No 231/2012, which lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008, specifically concerning the presence of ethylene oxide.
  • 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 Suppliers

  • Action Items: Review current food additive usage and ensure compliance with the new limits for ethylene oxide. Update testing and certification processes to reflect the changes. Engage with suppliers to ensure they also meet the updated standards.

Consumers

  • Action Items: No direct action required. Increased confidence in the safety of food products.

EEA Member States

  • Action Items: Update national regulations to reflect Commission Regulation (EU) 2022/1396. Implement monitoring and enforcement mechanisms to ensure compliance.

Key Entities Referenced

EEA Joint Committee: The governing body responsible for decisions regarding the EEA Agreement. Commission Regulation (EU) 2022/1396: Regulation amending the Annex to Regulation (EU) No 231/2012 regarding the presence of ethylene oxide in food additives. Regulation (EU) No 231/2012: Regulation laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008. Regulation (EC) No 1333/2008: Regulation of the European Parliament and of the Council on food additives. Liechtenstein: EEA member state to which this decision does not apply under specific conditions related to agricultural trade with Switzerland. European Economic Area (EEA): The region to which the agreement applies, encompassing EU member states and certain other countries like Norway and Iceland.
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Official Journal EN of the European Union L series 2024/1384 13.6.2024 DECISION OF THE EEA JOINT COMMITTEE No 311/2023 of 8 December 2023 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2024/1384] 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) 2022/1396 of 11 August 2022amending the Annex to Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the presence of ethylene oxide in food additive(1) is to be incorporated into the EEA Agreement. (2) 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. (3) Annex II to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 The following indent is added in point 69 (Commission Regulation (EU) No 231/2012) of Chapter XII of Annex II to the EEA Agreement: ‘— 32022 R 1396: Commission Regulation (EU) 2022/1396 of 11 August 2022(OJ L 211, 12.8.2022, p. 182).’ Article 2 The text of Regulation (EU) 2022/1396 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(*). (1) OJ L 211, 12.8.2022, p. 182. (*) No constitutional requirements indicated. ELI: http://data.europa.eu/eli/dec/2024/1384/oj 1/2EN OJ L, 13.6.2024 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 2/2 ELI: http://data.europa.eu/eli/dec/2024/1384/oj

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