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 2022 refusing 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 2022 refusing 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 2022 refusing 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 2022 refusing to authorise a health claim made on foods and referring to the reduction of disease risk ( OJ L 133, 10.5.2022, p. 9 ).

217.

32022 R 0711 : Commission Regulation (EU) 2022/711 of 6 May 2022 refusing 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 2022 refusing 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 2022 refusing 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  ( *1 ) .

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

( 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 .

( *1 )   No constitutional requirements indicated.