Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 78/2023 of 28 April 2023 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/2234]
Executive Summary:
EEA Joint Committee Decision No. 78/2023 amends Annexes I and II to the EEA Agreement to incorporate Commission Delegated Regulation (EU) 2022/931 and Commission Implementing Regulation (EU) 2022/932, concerning official controls on contaminants in food. The decision was adopted on April 28, 2023, and enters into force on April 29, 2023, pending notification per Article 103(1) of the EEA Agreement. This decision does not apply to Liechtenstein.
Key Points / Main Content:
* **Amendments to Annex I:**
* Inserts points 11f and 11g after point 11e in Part 1.1 of Chapter I, referencing Regulations (EU) 2022/931 and 2022/932, respectively.
* Inserts points 31u and 31v after point 31t in Chapter 2, referencing Regulations (EU) 2022/931 and 2022/932, respectively.
* **Amendment to Annex II:**
* Inserts points 164zb and 164zc after point 164za in Chapter XII, referencing Regulations (EU) 2022/931 and 2022/932, respectively.
* **Authentic Texts:**
* The Icelandic and Norwegian language texts of Regulations (EU) 2022/931 and 2022/932 will be published in the EEA Supplement to the Official Journal of the European Union and are considered authentic.
* **Entry into Force:**
* The Decision enters into force on April 29, 2023, contingent upon all notifications under Article 103(1) of the EEA Agreement being made.
* **Publication:**
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
* **Liechtenstein Exclusion:**
* The legislation regarding veterinary matters, feedingstuffs, and foodstuffs does not apply to Liechtenstein while the agreement between the EU and Switzerland on trade in agricultural products is extended to Liechtenstein.
Impact Analysis:
EEA Member States (excluding Liechtenstein):
* *Impact:* Must incorporate Commission Delegated Regulation (EU) 2022/931 and Commission Implementing Regulation (EU) 2022/932 into their national regulations regarding official controls on contaminants in food.
* *Action Required:* Update national laws and procedures to align with the requirements of the incorporated regulations.
European Commission:
* *Impact:* Responsible for ensuring that EEA Member States properly implement and enforce the incorporated regulations.
* *Action Required:* Monitor the implementation of the regulations by EEA Member States and provide guidance as necessary.
Iceland and Norway:
* *Impact:* The texts of Delegated Regulation EU 2022/931 and Implementing Regulation EU 2022/932 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
* *Action Required:* Ensure the correct translation of the regulations.
Key Entities Referenced
EEA Joint Committee: The decision was made by the EEA Joint Committee.
European Economic Area: The agreement the document refers to.
Commission Delegated Regulation EU 2022/931: A regulation supplementing Regulation EU 2017/625 regarding official controls as regards contaminants in food, to be incorporated into the EEA Agreement.
Regulation EU 2017/625: Regulation of the European Parliament and of the Council referenced by Commission Delegated Regulation EU 2022/931.
Commission Implementing Regulation EU 2022/932: A regulation on uniform practical arrangements for the performance of official controls as regards contaminants in food, to be incorporated into the EEA Agreement.
Liechtenstein: Country to which the legislation regarding veterinary matters, feedingstuffs and foodstuffs shall not apply under specific conditions.
Swiss Confederation: The Agreement between the European Community and the Swiss Confederation on trade in agricultural products is referenced.
Brussels: Location where the decision was made.
Official Journal EN
of the European Union L series
2023/2234 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 78/2023
of 28 April 2023
amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations,
standards, testing and certification) to the EEA Agreement [2023/2234]
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 Delegated Regulation (EU) 2022/931 of 23 March 2022supplementing Regulation (EU) 2017/625 of
the European Parliament and of the Council by laying down rules for the performance of official controls as regards
contaminants in food(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical arrangements for the
performance of official controls as regards contaminants in food, on specific additional content of multi-annual
national control plans and specific additional arrangements for their preparation(2)is to be incorporated into the
EEA Agreement.
(3) This Decision concerns legislation regarding veterinary matters, feedingstuffs and foodstuffs. Legislation regarding
veterinary matters, feedingstuffs and 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 sectoral adaptations to Annex I and the introduction to Chapter XII of
Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.
(4) Annexes I and II to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex I to the EEA Agreement shall be amended as follows:
1. The following points are inserted after point 11e (Commission Delegated Regulation (EU) 2021/2244) in Part 1.1 of
Chapter I:
‘11f. 32022 R 0931: Commission Delegated Regulation (EU) 2022/931 of 23 March 2022supplementing Regulation
(EU) 2017/625 of the European Parliament and of the Council by laying down rules for the performance of
official controls as regards contaminants in food (OJ L 162, 17.6.2022, p. 7).
11g. 32022 R 0932: Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical
arrangements for the performance of official controls as regards contaminants in food, on specific additional
content of multi-annual national control plans and specific additional arrangements for their preparation
(OJ L 162, 17.6.2022, p. 13).’
2. The following points are inserted after point 31t (Commission Delegated Regulation (EU) 2021/2244) of Chapter 2:
‘31u. 32022 R 0931: Commission Delegated Regulation (EU) 2022/931 of 23 March 2022supplementing Regulation
(EU) 2017/625 of the European Parliament and of the Council by laying down rules for the performance of
official controls as regards contaminants in food (OJ L 162, 17.6.2022, p. 7).
(1) OJ L 162, 17.6.2022, p. 7.
(2) OJ L 162, 17.6.2022, p. 13.
ELI: http://data.europa.eu/eli/dec/2023/2234/oj 1/2EN
OJ L, 9.11.2023
31v. 32022 R 0932: Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical
arrangements for the performance of official controls as regards contaminants in food, on specific additional
content of multi-annual national control plans and specific additional arrangements for their preparation
(OJ L 162, 17.6.2022, p. 13).’
Article 2
The following points are inserted after point 164za (Commission Delegated Regulation (EU) 2021/2244) of Chapter XII of
Annex II to the EEA Agreement:
‘164zb. 32022 R 0931: Commission Delegated Regulation (EU) 2022/931 of 23 March 2022supplementing Regulation
(EU) 2017/625 of the European Parliament and of the Council by laying down rules for the performance of
official controls as regards contaminants in food (OJ L 162, 17.6.2022, p. 7).
164zc. 32022 R 0932: Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical
arrangements for the performance of official controls as regards contaminants in food, on specific additional
content of multi-annual national control plans and specific additional arrangements for their preparation
(OJ L 162, 17.6.2022, p. 13).’
Article 3
The texts of Delegated Regulation (EU) 2022/931 and Implementing Regulation (EU) 2022/932 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 4
This Decision shall enter into force on 29 April 2023, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
Article 5
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, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
* No constitutional requirements indicated.
2/2 ELI: http://data.europa.eu/eli/dec/2023/2234/oj