EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 7.4.2009 
SEC(2009) 464 final 
  
Draft 
DECISION OF THE EEA JOINT COMMITTEE  
No  
of  
amending Annex II (Technical regulations, st andards, testing and certification)  
to the EEA Agreement 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. In order to ensure the requisite legal security and homogeneity of the Internal 
Market, the EEA Joint Committee is to integrate all the relevant Community 
legislation into the EEA Agreement as  soon as possible af ter its adoption. 
2. The EEA Joint Committee should therefor e adopt the attached  draft Decision to 
amend Annex II (Technical regulations, standa rds, testing and certification) to the 
EEA Agreement by adding new Community acquis concerning maximum levels for 
certain chemical contaminants in foodstuffs . The present draft Decision concerns the 
following acts: 
32006 R 1881 : Commission Regulation (EC) No 1881/2006 of 19 December 2006 
setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5), as amended by: 
- 32007 R 1126 : Commission Regulation (EC)  No 1126/2007 of 28 September 
2007 (OJ L 255, 29.9.2007, p. 14), and 
- 32008 R 0629 : Commission Regulation (EC) No 629/2008 of 2 July 2008 (OJ 
L 173, 3.7.2008, p. 6). 
3. This draft EEA Joint Committee Decision contains an adaptation, allowing Norway 
and Iceland to maintain a lower maximum level for the sum of the dioxins, furans 
and dioxin-like polychlorinated biphenyls (P CBs) in marine oil. This is mainly 
justified by the exceptionally large cons umption of marine o ils in Norway and 
Iceland, as recommended by their public h ealth authorities, and by national risk-
assessments and surveillance procedures.  
4. Article 1(3) of Council Re gulation (EC) No 2894/94 con cerning the arrangements for 
implementing the EEA Agreement envisages that the Council establishes the Community position for decisions extending Co mmunity legislation with substantial 
changes. 
5. The draft decision of the EEA Joint Committee is submitted for the approval of the 
Council, after which the Commission will put  forward the position of the Community 
in the EEA Joint Committee at the earliest possible occasion. 
 
EN 3   EN Draft 
DECISION OF THE EEA JOINT COMMITTEE  
No  
of  
amending Annex II (Technical regulations, st andards, testing and certification)  
to the EEA Agreement 
THE EEA JOINT COMMITTEE, 
Having regard to the Agreement on the European  Economic Area, as amended by the Protocol 
adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof, 
Whereas: (1) Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 
... of …
1. 
(2) Commission Regulation (E C) No 1881/2006 of 19 December 2006 setting maximum 
levels for certain contaminants in foodstuffs2 is to be incorporated into the Agreement. 
It is appropriate to allow Norway and I celand to maintain the lower maximum level 
for dioxin and dioxin-like PCBs in marine o il laid down in their national legislation, 
adopted for reasons of public health. 
(3) Commission Regulation (E C) No 1126/2007 of 28 Se ptember 2007 amending 
Regulation (EC) No 1881/2006 setting maximu m levels for certain contaminants in 
foodstuffs as regards Fusarium t oxins in maize and maize products3 is to be 
incorporated into the Agreement. 
(4) Commission Regulation (EC)  No 629/2008 of 2 July 2008 amending Regulation (EC) 
No 1881/2006 setting maximum levels for certain contaminants in foodstuffs4 is to be 
incorporated into the Agreement. 
(5) Regulation (EC) No 1881/2006 repeals Commission Regulation (EC) No 466/20015, 
which is incorporated into the Agreement a nd which is consequently to be repealed 
under the Agreement. 
(6) This Decision shall not apply to Liechtenstein, 
                                                 
1 OJ L …  
2 OJ L 364, 20.12.2006, p. 5. 
3 OJ L 255, 29.9.2007, p. 14. 
4 OJ L 173, 3.7.2008, p. 6. 
5 OJ L 77, 16.3.2001, p. 1. 
 
EN 4   EN HAS DECIDED AS FOLLOWS: 
Article 1 
Chapter XII of Annex II to the Agreement shall be amended as follows: 
1. The text of point 54zn (Commission Regula tion (EC) No 466/2001) shall be deleted. 
2. The following shall be inserted afte r point 54zzzv (Commission Directive 
2006/141/EC): 
‘54zzzw. 32006 R 1881 : Commission Regulation (EC) No 1881/2006 of 19 
December 2006 setting maximum levels for certain contaminants in foodstuffs 
(OJ L 364, 20.12.2006, p. 5), as amended by: 
- 32007 R 1126 : Commission Regulation (EC) No 1126/2007 of 28 
September 2007  (OJ L 255, 29.9.2007, p. 14), 
- 32008 R 0629 : Commission Regulation (EC) No 629/2008 of 2 July 
2008 (OJ L 173, 3.7.2008, p. 6). 
The provisions of the Regulation shall, fo r the purposes of this Agreement, be 
read with the following adaptations:  
The following shall be inserted in Article 1:  “With regard to the maximum level for di oxins and dioxin-like PCBs in marine 
oil, Iceland and Norway may maintain a maximum level for the sum of 
dioxins, furans and dioxin-like P CBs (WHO-PCDD/F-PC B-TEQ) of 5 pg/g 
fat.”’ 
Article 2 
The texts of Regulations (EC) Nos 1 881/2006, 1126/2007 and 629/2008 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 , prov ided that all the notif ications under Article 
103(1) of the Agreement have been made to the EEA Joint Committee
*. 
Article 4 
This Decision shall be published in the EEA S ection of, and in the EEA Supplement to, the 
Official Journal of the European Union . 
                                                 
* [No constitutional requirements indicated.]  [Constitutional requirements indicated.] 
 
EN 5   EN Done at Brussels, . 
 For the EEA Joint Committee 
 The President        The Secretaries  to the EEA Joint Committee