Decision of the EEA Joint Committee No 134/2007 of 26 October 2007 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2007-10-26
Institutions: EEA Joint Committee
Subjects: European Food Safety Authority, food safety, foodstuff, foodstuffs legislation, health risk, plant health control, plant health product, public health

10.4.2008

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Official Journal of the European Union

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DECISION OF THE EEA JOINT COMMITTEE

No 134/2007

of 26 October 2007

amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations,
standards, 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 I to the Agreement was amended by Decision of the EEA Joint Committee No 100/2007 of

28 September 2007 (1).

(2) Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 104/2007 of

28 September 2007 (2).

(3) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying
down the general principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (3) should be incorporated into the
Agreement.

(4) Commission Regulation (EC) No 1304/2003 of 11 July 2003 on the procedure applied by the European
Food Safety Authority to requests for scientific opinions referred to it (4), should be incorporated into the
Agreement.

(5) Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July 2003

amending Regulation (EC) No 178/2002 (5) should be incorporated into the Agreement.

(6) Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general plan for

food/feed crisis management (6) should be incorporated into the Agreement.

(7) Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the
implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the
network of organisations operating in the fields within the European Food Safety Authority's mission (7)
should be incorporated into the Agreement.

(8) Commission Regulation (EC) No 575/2006 of 7 April 2006 amending Regulation (EC) No 178/2002 of
the European Parliament and of the Council as regards the number and names of the permanent
Scientific Panels of the European Food Safety Authority (8) should be incorporated into the Agreement.

(9) Council Decision 2006/478/EC of 19 June 2006 appointing half of the members of the Management

Board of the European Food Safety Authority (9) should be incorporated into the Agreement.

(1) OJ L 47, 21.2.2008, p. 12.
(2) OJ L 47, 21.2.2008, p. 21.
(3) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100,

8.4.2006, p. 3).

(4) OJ L 185, 24.7.2003, p. 6. Regulation as corrected in OJ L 186, 25.7.2003, p. 46.
(5) OJ L 245, 29.9.2003, p. 4.
(6) OJ L 160, 30.4.2004, p. 98. Decision as corrected in OJ L 212, 12.6.2004, p. 60.
(7) OJ L 379, 24.12.2004, p. 64.
(8) OJ L 100, 8.4.2006, p. 3.
(9) OJ L 189, 12.7.2006, p. 7.

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(10) This Decision is not to apply to Liechtenstein.

(11) This Decision should apply to Iceland without the transitional period specified in paragraph 2 of the

Introductory Part of Chapter I of Annex I to the Agreement,

HAS DECIDED AS FOLLOWS:

Annexes I and II to the Agreement shall be amended as specified in the Annex to this Decision.

Article 1

Article 2

The texts of Regulations (EC) No 178/2002, (EC) No 1304/2003 (as corrected by OJ L 186, 25.7.2003, p. 46),
(EC) No 1642/2003, (EC) No 2230/2004 and (EC) No 575/2006 and Decisions 2004/478/EC (as corrected by
OJ L 212, 12.6.2004, p. 60) and 2006/478/EC in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Union, shall be authentic.

This Decision shall enter into force on 27 October 2007 provided that all the notifications under Arti-
cle 103(1) of the Agreement have been made to the EEA Joint Committee (*), or on the date of the entry into
force of Decision of the EEA Joint Committee No 133/2007 of 26 October 2007, whichever is the later.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the
European Union.

Article 4

Done at Brussels, 26 October 2007.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

(*) Constitutional requirements indicated.

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ANNEX

Annexes I and II to the Agreement shall be amended as follows:

1.

the following shall be added after point 12 (Regulation (EC) No 999/2001 of the European Parliament and of the
Council) in Part 7.1 of Chapter I of Annex I to the Agreement:

‘General food law and the European Food Safety Authority

13. 32002 R 0178: Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1), as amended by:

— 32003 R 1642: Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July

2003 (OJ L 245, 29.9.2003, p. 4),

— 32006 R 0575: Commission Regulation (EC) No 575/2006 of 7 April 2006 (OJ L 100, 8.4.2006, p. 3).

The provisions of Regulation (EC) No 178/2002 shall, for the purposes of the Agreement, be read with the
following adaptations:

(a)

(b)

(c)

the Regulation, and acts adopted pursuant to it, shall apply to Iceland without the transitional period laid
down in paragraph 2 of the Introductory Part of Chapter I of Annex I;

“the Authority”, except

the EFTA States shall participate in the work of the European Food Safety Authority, hereinafter referred to
as
to vote. Unless otherwise established hereafter, and
notwithstanding the provisions of Protocol 1 to the Agreement, the term “Member State(s)” contained
in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA
States. Paragraph 11 of Protocol 1 shall apply;

the right

for

the EFTA States concerned shall be invited to send observers to the meetings of the Standing Committee
on the Food Chain and Animal Health, dealing with matters which fall within acts referred to in the
Agreement. The representatives of the EFTA States shall participate fully in the work of the Committee,
but shall not have the right to vote;

(d)

the text of Article 12 shall be replaced by the following:

“The legislation of the EFTA States pertaining to production, import and marketing of food and feed shall
comply with the relevant requirements of food law, including effective measures to ensure that products
withdrawn from the market in an EU Member State cannot be exported or re-exported to a third country
via an EFTA State.”;

(e)

the EFTA Surveillance Authority shall receive the information provided for in Articles 26(3), 32(2), 33(4)
and (6), and 34(4);

(f)

Article 29 shall apply with the following adaptations:

An EFTA State may request the Authority to issue a scientific opinion on matters falling within its mission.
Such a request shall, in the first place, be addressed to the Commission which shall, where it considers that
the request is of common interest, forward it to the Authority with a view to obtaining the opinion
requested.

The EFTA Surveillance Authority may request the Authority for scientific opinions in the case. The EFTA
Surveillance Authority shall cooperate with the Commission to ensure a harmonised approach;

(g)

Article 31 shall apply with the following adaptation:

the EFTA Surveillance Authority may request the Authority to provide scientific and technical assistance as
described in Article 31, on matters falling within its competence pursuant to the Agreement;

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(h)

the following shall be added in Article 48:

“By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the
European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged
under contract by the Executive Director of the Authority.”;

(i)

Articles 53 and 54 shall apply with the following adaptations:

1.

In the case of food or feed of Community or EFTA State origin the following shall apply:

(a)

if the Community or an EFTA State intends to adopt emergency measures against the other
Contracting Parties, it shall inform the other Parties without delay.

The proposed measures shall be notified without delay to each Contracting Party and to both
the EC Commission and the EFTA Surveillance Authority.

Without prejudice to the possibility of putting the measures into force immediately,
consultations among the EC Commission and the Parties concerned, at the request of any of
them, shall take place as soon as possible in order to find appropriate solutions.

In case of disagreement, any of the Parties concerned may refer the matter to the EEA Joint
Committee. If an agreement cannot be reached in that Committee, a Contracting Party may
adopt appropriate measures. Such measures shall be restricted to what is strictly necessary to
remedy the situation. Priority shall be given to such measures as will
least disturb the
functioning of the Agreement;

(b)

if the EC Commission intends to take a decision on emergency measures concerning part of
the territory of the Community, it shall inform the EFTA Surveillance Authority and the EFTA
States without delay.

If the EC Commission takes a decision on emergency measures concerning part of the
territory of the Community, the EFTA State concerned, after consultation and after an
examination of the situation, shall adopt corresponding measures unless the specific situation
of that State indicates that such measures are not justified. In that case, it shall immediately
inform the EFTA Surveillance Authority and the EC Commission.

Consultations shall take place as soon as possible in order to find appropriate solutions. In
case of disagreement, the fourth subparagraph of paragraph (a) shall apply.

2.

In the case of food and feed from a third country the following shall apply:

(a)

(b)

(c)

the EFTA States shall simultaneously with the EC Member States take emergency measures
corresponding to those taken by the latter on imports from third countries;

in the case of any difficulty relating to the application of a Community act, the EFTA State
concerned shall immediately report the matter to the EEA Joint Committee;

the application of this paragraph is without prejudice to the possibility of an EFTA State
taking unilateral emergency measures pending the adoption of the decisions mentioned in (a);

(d)

the EEA Joint Committee may take note of the Community decisions;

(j)

Article 60 shall be amended as follows:

1.

The following shall be added in paragraph 1:

“If an EFTA State is of the opinion that a measure taken by an EU Member State is either
incompatible with this Regulation or is likely to affect the functioning of the Agreement, it shall
refer the matter to the EEA Joint Committee. The same shall apply if an EU Member State is of the
opinion that a measure taken by an EFTA State is either incompatible with this Regulation or is
likely to affect the functioning of the Agreement.”;

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2.

in paragraph 2, first and last sentence, the words “the two Member States” shall read “the EFTA State
and the EU Member State” and the term “Commission” shall read “EEA Joint Committee”. In the
second sentence, the words “Commission may” shall read “EEA Joint Committee may, at the request
of either of the Contracting Parties”;

(k)

(l)

the EFTA States shall contribute financially to the budget of the Authority in accordance with Arti-
cle 82(1)(a) and Protocol 32 of the Agreement;

the EFTA States shall grant privileges and immunities to the Authority equivalent to those contained in the
Protocol on the privileges and immunities of the European Communities.’;

2.

the following points shall be inserted after point 29 (Commission Regulation (EC) No 1177/2006) in Part 7.2 of
Chapter I of Annex I:

‘30. 32003 R 1304: Commission Regulation (EC) No 1304/2003 of 11 July 2003 on the procedure applied by the
European Food Safety Authority to requests for scientific opinions referred to it (OJ L 185, 24.7.2003, p. 6),
Regulation as corrected by OJ L 186, 25.7.2003, p. 46.

31. 32004 D 0478: Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general
plan for food/feed crisis management (OJ L 160, 30.4.2004, p. 98), Decision as corrected by OJ L 212,
12.6.2004, p. 60.

The provisions of Decision 2004/478/EC shall, for the purposes of the Agreement, be read with the following
adaptation:

Where the Commission identifies a situation referred to in Article 56(1) of Regulation (EC) No 178/2002 in
which an EFTA State is directly concerned and sets up a crisis unit in accordance with Article 56(2) of
Regulation (EC) No 178/2002, the crisis coordinator(s) designated by the EFTA State directly concerned and the
crisis coordinator designated by the EFTA Surveillance Authority shall take part in the work of the crisis unit.

32. 32004 R 2230: Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules
for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the
network of organisations operating in the fields within the European Food Safety Authority's mission (OJ L 379,
24.12.2004, p. 64).

33. 32006 D 0478: Council Decision 2006/478/EC of 19 June 2006 appointing half of the members of the

Management Board of the European Food Safety Authority (OJ L 189, 12.7.2006, p. 7).’;

3.

the following shall be inserted after point 40 (Regulation (EC) No 396/2005 of the European Parliament and of the
Council) of Chapter II of Annex I to the Agreement:

‘General food law and the European Food Safety Authority

41. 32002 R 0178: Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1), as amended by:

— 32003 R 1642: Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July

2003 (OJ L 245, 29.9.2003, p. 4),

— 32006 R 0575: Commission Regulation (EC) No 575/2006 of 7 April 2006 (OJ L 100, 8.4.2006, p. 3).

The provisions of Regulation (EC) No 178/2002 shall, for the purposes of the Agreement, be read with the
following adaptations:

(a)

(b)

the Regulation, and acts adopted pursuant to it, shall apply to Iceland without the transitional period laid
down in paragraph 2 of the Introductory Part of Chapter I of Annex I;

“the Authority”, except

the EFTA States shall participate in the work of the European Food Safety Authority, hereinafter referred to
as
to vote. Unless otherwise established hereafter, and
notwithstanding the provisions of Protocol 1 to the Agreement, the term “Member State(s)” contained
in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA
States. Paragraph 11 of Protocol 1 shall apply;

the right

for

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(c)

the EFTA States concerned shall be invited to send observers to the meetings of the Standing Committee
on the Food Chain and Animal Health, dealing with matters which fall within acts referred to in the
Agreement. The representatives of the EFTA States shall participate fully in the work of the Committee,
but shall not have the right to vote;

(d)

the text of Article 12 shall be replaced by the following:

“The legislation of the EFTA States pertaining to production, import and marketing of food and feed shall
comply with the relevant requirements of food law, including effective measures to ensure that products
withdrawn from the market in an EU Member State cannot be exported or re-exported to a third country
via an EFTA State.”;

(e)

the EFTA Surveillance Authority shall receive the information provided for in Articles 26(3), 32(2),
33(4) and (6), and 34(4);

(f)

Article 29 shall apply with the following adaptations:

An EFTA State may request the Authority to issue a scientific opinion on matters falling within its mission.
Such a request shall, in the first place, be addressed to the Commission which shall, where it considers that
the request is of common interest, forward it to the Authority with a view to obtaining the opinion
requested.

The EFTA Surveillance Authority may request the Authority for scientific opinions in the case. The EFTA
Surveillance Authority shall cooperate with the Commission to ensure a harmonised approach;

(g)

Article 31 shall apply with the following adaptation:

The EFTA Surveillance Authority may request the Authority to provide scientific and technical assistance
as described in Article 31, on matters falling within its competence pursuant to the Agreement;

(h)

the following shall be added to Article 48:

“By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the
European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged
under contract by the Executive Director of the Authority.”;

(i)

Articles 53 and 54 shall apply with the following adaptations:

1.

in the case of food or feed of Community or EFTA State origin, the following shall apply:

(a)

if the Community or an EFTA State intends to adopt emergency measures against the other
Contracting Parties, it shall inform the other Parties without delay.

The proposed measures shall be notified without delay to each Contracting Party and to both
the EC Commission and the EFTA Surveillance Authority.

Without prejudice to the possibility of putting the measures into force immediately,
consultations among the EC Commission and the Parties concerned, at the request of any of
them, shall take place as soon as possible in order to find appropriate solutions.

In case of disagreement, any of the Parties concerned may refer the matter to the EEA Joint
Committee. If an agreement cannot be reached in that Committee, a Contracting Party may
adopt appropriate measures. Such measures shall be restricted to what is strictly necessary to
least disturb the
remedy the situation. Priority shall be given to such measures as will
functioning of the Agreement;

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(b)

if the EC Commission intends to take a decision on emergency measures concerning part of
the territory of the Community, it shall inform the EFTA Surveillance Authority and the EFTA
States without delay.

If the EC Commission takes a decision on emergency measures concerning part of the
territory of the Community, the EFTA State concerned, after consultation and after an
examination of the situation, shall adopt corresponding measures unless the specific situation
of that State indicates that such measures are not justified. In that case, it shall immediately
inform the EFTA Surveillance Authority and the EC Commission.

Consultations shall take place as soon as possible in order to find appropriate solutions. In
case of disagreement, the fourth subparagraph of paragraph (a) shall apply.

2.

In the case of food and feed from a third country the following shall apply:

(a)

(b)

(c)

the EFTA States shall simultaneously with the EC Member States take emergency measures
corresponding to those taken by the latter on imports from third countries;

in the case of any difficulty relating to the application of a Community act, the EFTA State
concerned shall immediately report the matter to the EEA Joint Committee;

the application of this paragraph is without prejudice to the possibility of an EFTA State
taking unilateral emergency measures pending the adoption of the decisions mentioned in (a);

(d)

the EEA Joint Committee may take note of the Community decisions;

(j)

Article 60 shall be amended as follows:

1.

The following shall be added in paragraph 1:

“If an EFTA State is of the opinion that a measure taken by an EU Member State is either
incompatible with this Regulation or is likely to affect the functioning of the Agreement, it shall
refer the matter to the EEA Joint Committee. The same shall apply if an EU Member State is of the
opinion that a measure taken by an EFTA State is either incompatible with this Regulation or is
likely to affect the functioning of the Agreement.”;

2.

in paragraph 2, first and last sentence, the words “the two Member States” shall read “the EFTA State
and the EU Member State” and the term “Commission” shall read “EEA Joint Committee”. In the
second sentence, the words “Commission may” shall read “EEA Joint Committee may, at the request
of either of the Contracting Parties.”;

(k)

(l)

the EFTA States shall contribute financially to the budget of the Authority in accordance with Arti-
cle 82(1)(a) and Protocol 32 of the Agreement;

the EFTA States shall grant privileges and immunities to the Authority equivalent to those contained in the
Protocol on the privileges and immunities of the European Communities;

(m)

this Regulation shall not apply to Liechtenstein. Consequently Liechtenstein will not participate in the
European Food Safety Authority or contribute financially to its operation.

42. 32003 R 1304: Commission Regulation (EC) No 1304/2003 of 11 July 2003 on the procedure applied by the
European Food Safety Authority to requests for scientific opinions referred to it (OJ L 185, 24.7.2003, p. 6),
Regulation as corrected by OJ L 186, 25.7.2003, p. 46.

43. 32004 D 0478: Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general
plan for food/feed crisis management (OJ L 160, 30.4.2004, p. 98), Decision as corrected by OJ L 212,
12.6.2004, p. 60.

The provisions of Decision 2004/478/EC shall, for the purposes of the Agreement, be read with the following
adaptation:

Where the Commission identifies a situation referred to in Article 56(1) of Regulation (EC) No 178/2002 in
which an EFTA State is directly concerned and sets up a crisis unit in accordance with Article 56(2) of

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Regulation (EC) No 178/2002, the crisis coordinator(s) designated by the EFTA State directly concerned and the
crisis coordinator designated by the EFTA Surveillance Authority shall take part in the work of the crisis unit.

44. 32004 R 2230: Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules
for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the
network of organisations operating in the fields within the European Food Safety Authority's mission (OJ L 379,
24.12.2004, p. 64).

45. 32006 D 0478: Council Decision 2006/478/EC of 19 June 2006 appointing half of the members of the

Management Board of the European Food Safety Authority (OJ L 189, 12.7.2006, p. 7).’;

4.

the following shall be inserted after point 54zzzb (Commission Regulation (EC) No 2023/2006) of Chapter XII of
Annex II to the Agreement:

‘54zzzc. 32002 R 0178: Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food law, establishing the European Food
Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1), as amended
by:

— 32003 R 1642: Regulation (EC) No 1642/2003 of the European Parliament and of the Council of

22 July 2003 (OJ L 245, 29.9.2003, p. 4),

— 32006 R 0575: Commission Regulation (EC) No 575/2006 of 7 April 2006 (OJ L 100, 8.4.2006,

p. 3).

The provisions of Regulation (EC) No 178/2002 shall, for the purposes of the Agreement, be read with the
following adaptations:

(a)

(b)

(c)

the Regulation, and acts adopted pursuant to the Regulation, shall apply to Iceland without the
transitional period laid down in paragraph 2 of the Introductory Part of Chapter I of Annex I;

the EFTA States shall participate in the work of the European Food Safety Authority, hereinafter
referred to as “the Authority”, except for the right to vote. Unless otherwise established hereafter, and
notwithstanding the provisions of Protocol 1 to the Agreement, the term “Member State(s)” contained
in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA
States. Paragraph 11 of Protocol 1 shall apply;

the EFTA States concerned shall be invited to send observers to the meeting of the Standing Committee
on the Food Chain and Animal Health, dealing with matters which fall within acts referred to in the
Agreement. The representatives of the EFTA States shall participate fully in the work of the Committee,
but shall not have the right to vote;

(d)

the text of Article 12 shall be replaced by the following:

“The legislation of the EFTA States pertaining to production, import and marketing of food and feed
shall comply with the relevant requirements of food law, including effective measures to ensure that
products withdrawn from the market in an EU Member State cannot be exported or re-exported to a
third country via an EFTA State.”;

(e)

the EFTA Surveillance Authority shall receive the information provided for in Articles 26(3), 32(2),
33(4) and (6), and 34(4);

(f)

Article 29 shall apply with the following adaptations:

An EFTA State may request the Authority to issue a scientific opinion on matters falling within its
mission. Such a request shall, in the first place, be addressed to the Commission which shall, where it
considers that the request is of common interest, forward it to the Authority with a view to obtaining
the opinion requested.

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The EFTA Surveillance Authority may request the Authority for scientific opinions in the case. The
EFTA Surveillance Authority shall cooperate with the Commission to ensure a harmonised approach;

(g)

Article 31 shall apply with the following adaptation:

The EFTA Surveillance Authority may request the Authority to provide scientific and technical
assistance as described in Article 31, on matters falling within its competence pursuant to the
Agreement;

(h)

the following shall be added to Article 48:

“By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the
European Communities, nationals of the EFTA States enjoying their full rights as citizens may be
engaged under contract by the Executive Director of the Authority.”;

(i)

Articles 53 and 54 shall apply with the following adaptations:

1.

in the case of food or feed of Community or EFTA State origin the following shall apply:

(a)

if the Community or an EFTA State intends to adopt emergency measures against the other
Contracting Parties, it shall inform the other Parties without delay.

The proposed measures shall be notified without delay to each Contracting Party and to
both the EC Commission and the EFTA Surveillance Authority.

Without prejudice to the possibility of putting the measures into force immediately,
consultations among the EC Commission and the Parties concerned, at the request of any
of them, shall take place as soon as possible in order to find appropriate solutions.

In case of disagreement, any of the Parties concerned may refer the matter to the EEA Joint
Committee. If an agreement cannot be reached in that Committee, a Contracting Party may
adopt appropriate measures. Such measures shall be restricted to what is strictly necessary
to remedy the situation. Priority shall be given to such measures as will least disturb the
functioning of the Agreement;

(b)

if the EC Commission intends to take a decision on emergency measures concerning part
of the territory of the Community, it shall inform the EFTA Surveillance Authority and the
EFTA States without delay.

If the EC Commission takes a decision on emergency measures concerning part of the
territory of the Community, the EFTA State concerned, after consultation and after an
examination of the situation, shall adopt corresponding measures unless the specific
situation of that State indicates that such measures are not justified. In that case, it shall
immediately inform the EFTA Surveillance Authority and the EC Commission.

Consultations shall take place as soon as possible in order to find appropriate solutions. In
case of disagreement, the fourth subparagraph of paragraph (a) shall apply.

2.

In the case of food and feed from a third country the following shall apply:

(a)

the EFTA States shall simultaneously with the EC Member States take emergency measures
corresponding to those taken by the latter on imports from third countries;

(b)

in the case of any difficulty relating to the application of a Community act, the EFTA State
concerned shall immediately report the matter to the EEA Joint Committee;

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(c)

the application of this paragraph is without prejudice to the possibility of an EFTA State
taking unilateral emergency measures pending the adoption of the decisions mentioned in
(a);

(d)

the EEA Joint Committee may take note of the Community decisions;

(j)

Article 60 shall be amended as follows:

1.

The following shall be added to paragraph 1:

“If an EFTA State is of the opinion that a measure taken by an EU Member State is either
incompatible with this Regulation or is likely to affect the functioning of the Agreement, it shall
refer the matter to the EEA Joint Committee. The same shall apply if an EU Member State is of
the opinion that a measure taken by an EFTA State is either incompatible with this Regulation or
is likely to affect the functioning of the Agreement.”;

2.

In paragraph 2, first and last sentence, the words “the two Member States” shall read “the EFTA
State and the EU Member State” and the term “Commission” shall read “EEA Joint Committee”. In
the second sentence, the words “Commission may” shall read “EEA Joint Committee may, at the
request of either of the Contracting Parties.”;

(k)

(l)

the EFTA States shall contribute financially to the budget of the Authority in accordance with
Article 82(1) (a) and Protocol 32 of the Agreement;

the EFTA States shall grant privileges and immunities to the Authority equivalent to those contained in
the Protocol on the privileges and immunities of the European Communities;

(m)

this Regulation shall not apply to Liechtenstein. Consequently Liechtenstein will not participate in the
European Food Safety Authority or contribute financially to its operation.

54zzzd. 32003 R 1304: Commission Regulation (EC) No 1304/2003 of 11 July 2003 on the procedure applied by
the European Food Safety Authority to requests for scientific opinions referred to it (OJ L 185, 24.7.2003,
p. 6, Regulation as corrected by OJ L 186, 25.7.2003, p. 46).

54zzze. 32004 D 0478: Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general
plan for food/feed crisis management (OJ L 160, 30.4.2004, p. 98, Decision as corrected by OJ L 212,
12.6.2004, p. 60).

The provisions of Decision 2004/478/EC shall, for the purposes of the Agreement, be read with the following
adaptation:

Where the Commission identifies a situation referred to in Article 56(1) of Regulation (EC) No 178/2002 in
which an EFTA State is directly concerned and sets up a crisis unit in accordance with Article 56(2) of
Regulation (EC) No 178/2002, the crisis coordinator(s) designated by the EFTA State directly concerned and
the crisis coordinator designated by the EFTA Surveillance Authority shall take part in the work of the crisis
unit.

54zzzf. 32004 R 2230: Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed
rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard
to the network of organisations operating in the fields within the European Food Safety Authority's mission
(OJ L 379, 24.12.2004, p. 64).

54zzzg. 32006 D 0478: Council Decision 2006/478/EC of 19 June 2006 appointing half of the members of the

Management Board of the European Food Safety Authority (OJ L 189, 12.7.2006, p. 7).’

10.4.2008

EN

Official Journal of the European Union

L 100/43

Declaration by the EFTA states concerning article 12 of Regulation (EC) No 178/2002 on general food law and the
European Food Safety Authority

The EEA Agreement does not entail a common trade policy with regard to export of food and feed to third countries. The
EFTA States wish to state, however, that they consider their national legislation and procedures to be fully in line with the
provisions of EU legislation as laid down in Article 12 of Regulation (EC) No 178/2002. Furthermore, the EFTA States are
prepared to inform the Commission of any changes to national legislation related to exports of food and feed to third
countries.

Joint declaration by the Contracting Parties on the participation of the EFTA Surveillance Authority in the
Advisory Forum of the European Food Safety Authority (EFSA)

The Parties note that for the purpose of the integration of Regulation (EC) No 178/2002 into the EEA Agreement, the EFTA
Surveillance Authority may be invited as observer by the Executive Director to the meetings of the Advisory Forum.

Declaration by the government of Norway on equivalence agreements

Regulation (EC) No 178/2002 on general food law and the European Food Safety Authority

If Norway negotiates equivalence agreements in the veterinary field with third countries having equivalence agreements with
the European Union, Norway undertakes to negotiate agreements that are parallel to those of the Community in order to
avoid discrepancies.