Draft Decision of the EEA Joint Committee no of amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2009-04-07
Institutions: European Commission
Subjects: European Economic Area, Iceland, Norway, agreement (EU), chemical product, fish oil, food additive, health risk, human nutrition

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.4.2009 
SEC(2009) 464 final 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

of  

amending Annex II (Technical regulations, standards, testing and certification)  
to the EEA Agreement 

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EXPLANATORY MEMORANDUM 

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 after its adoption. 

The  EEA  Joint  Committee  should  therefore  adopt  the  attached  draft  Decision  to 
amend  Annex  II  (Technical  regulations,  standards,  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: 

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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). 

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  (PCBs)  in  marine  oil.  This  is  mainly 
justified  by  the  exceptionally  large  consumption  of  marine  oils  in  Norway  and 
Iceland,  as  recommended  by  their  public  health  authorities,  and  by  national  risk-
assessments and surveillance procedures.  

Article 1(3) of Council Regulation (EC) No 2894/94 concerning the arrangements for 
implementing  the  EEA  Agreement  envisages  that  the  Council  establishes  the 
Community position for decisions extending Community legislation with substantial 
changes. 

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. 

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Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

of  

amending 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) 

(2) 

(3) 

(4) 

(5) 

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 
... of …1. 

Commission Regulation (EC) 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  Iceland  to  maintain  the  lower  maximum  level 
for dioxin and dioxin-like PCBs in marine oil laid down in their national legislation, 
adopted for reasons of public health. 

Commission  Regulation  (EC)  No  1126/2007  of  28  September  2007  amending 
Regulation  (EC)  No  1881/2006  setting  maximum  levels  for  certain  contaminants  in 
foodstuffs  as  regards  Fusarium  toxins  in  maize  and  maize  products3  is  to  be 
incorporated into the Agreement. 

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. 

Regulation  (EC)  No  1881/2006  repeals  Commission  Regulation  (EC)  No  466/20015, 
which  is  incorporated  into  the  Agreement  and  which  is  consequently  to  be  repealed 
under the Agreement. 

(6) 

This Decision shall not apply to Liechtenstein, 

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OJ L …  
OJ L 364, 20.12.2006, p. 5. 
OJ L 255, 29.9.2007, p. 14. 
OJ L 173, 3.7.2008, p. 6. 
OJ L 77, 16.3.2001, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

Chapter XII of Annex II to the Agreement shall be amended as follows: 

1. 

2. 

The text of point 54zn (Commission Regulation (EC) No 466/2001) shall be deleted. 

The  following  shall  be  inserted  after  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, for 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 dioxins and dioxin-like PCBs in marine 
oil,  Iceland  and  Norway  may  maintain  a  maximum  level  for  the  sum  of 
dioxins,  furans  and  dioxin-like  PCBs  (WHO-PCDD/F-PCB-TEQ)  of  5  pg/g 
fat.”’ 

Article 2 

The texts of Regulations (EC) Nos 1881/2006, 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. 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee*. 

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 

* 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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Done at Brussels, . 

For the EEA Joint Committee 
The President 

The Secretaries 
to the EEA Joint Committee 

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