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XII. FOODSTUFFS

The EC Commission nominates from highly qualified scientific persons from EFTA States at least one person who will be present in the Scientific Committee for Food and who will be entitled to express his views therein. His position will be recorded separately.

The EC Commission shall, in due time, inform him of the date of the meeting of the Committee and transmit the relevant information.

ACTS REFERRED TO
1. 362 L 2645: Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (OJ No L 115, 11.11.1962, p. 2645/62), as amended by:
2. 364 L 0054: Council Directive 64/54/EEC of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption (OJ No 12, 27.1.1964, p. 161/64), as amended by:
3. 365 L 0066: Council Directive 65/66/EEC of 26 January 1965 laying down specific criteria of purity for preservatives authorized for use in foodstuffs intended for human consumption (OJ No 22, 9.2.1965, p. 373/65), as amended by:
4. 367 L 0427: Council Directive 67/427/EEC of 27 June 1967 on the use of certain preservatives for the surface treatment of citrus fruit and on the control measures to be used for the qualitative and quantitative analysis of preservatives in and on citrus fruit (OJ No L 148, 11.7.1967, p. 1).
5. 370 L 0357: Council Directive 70/357/EEC of 13 July 1970 on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption (OJ No L 157, 18.7.1970, p. 31), as amended by:

  • 1 72 B: Act concerning the Conditions of Accession and Adjustment to the Treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 121),

  • 378 L 0143: Council Directive 78/143/EEC of 30 January 1978 (OJ No L 44, 15.2.1978, p. 18),

  • 1 79 H: Act concerning the Conditions of Accession and the Adjustments to the Treaties - Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110),

  • 381 L 0962: Council Directive 81/962/EEC of 24 November 1981 (OJ No L 354, 9.12.1981, p. 22),

  • 385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ No L 2, 3.1.1985, p. 22),

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 215),

  • 387 L 0055: Council Directive 87/55/EEC of 18 December 1986 (OJ No L 24, 27.1.1987, p. 41).

6. 373 L 0241: Council Directive 73/241/EEC of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (OJ No L 228, 16.8.1973, p. 23), as amended by:
7. 373 L 0437: Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption (OJ No L 356, 27.12.1973, p. 71), as amended by:

  • 1 79 H: Act concerning the Conditions of Accession and the Adjustments to the Treaties - Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110),

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 216).

8. 374 L 0329: Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (OJ No L 189, 12.7.1974, p. 1), as amended by:
9. 374 L 0409: Council Directive 74/409/EEC of 22 July 1974 on the harmonization of the laws of the Member States relating to honey (OJ No L 221, 12.8.1974, p. 10), as amended by:

  • 1 79 H: Act concerning the Conditions of Accession and the Adjustments to the Treaties - Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110),

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 216).

10. 375 L 0726: Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juice and certain similar products (OJ No L 311, 1.12.1975, p. 40), as amended by:

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

The following shall be added to Article 3(2):

‘(f)

“Must” together with the name (in Swedish) of the fruit used, for fruit juices.’

11. 376 L 0118: Council Directive 76/118/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption (OJ No L 24, 30.1.1976, p. 49), as amended by:

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

The following shall replace Article 3(2)(c):

‘(c)

“flødepulver” in Denmark, “Rahmpulver” and “Sahnepulver” in Germany and Austria, “gräddpulver” in Sweden, “nidurseydd nymjólk” in Iceland, “kermajauhe/gräddpulver” in Finland and “fløtepulver” in Norway to denote the product defined in point 2(d) of the Annex.’

12. 376 L 0621: Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or fats (OJ No L 202, 28.7.1976, p. 35), as amended by:

  • 1 79 H: Act concerning the Conditions of Accession and the Adjustments to the Treaties -Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110),

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 216).

13. 376 L 0895: Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (OJ No L 340, 9.12.1976, p. 26), as amended by:

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

Annex I shall be replaced by the following:

“Annex IList of products referred to in Article 1
a

Chilled fruit is treated in the same way as fresh fruit.”

HS heading or subheading NoCCT heading NoDescription
ex 07040701 BCabbages, cauliflowers and Brussels sprouts, fresh or chilled
0709 700701 CSpinach, fresh or chilled

ex 0709 90,

0705

0701 DSalad vegetables, including endive and chicory, fresh or chilled
ex 0709 900701 EChard (or white beet) and cardoons, fresh or chilled
07080701 FLeguminous vegetables, shelled or unshelled, fresh or chilled
07060701 GCarrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0703 10,

0703 20

0701 HOnions, shallots and garlic, fresh or chilled
0703 900701 IJLeeks and other alliaceous plants, fresh or chilled
0709 200701 KAsparagus, fresh or chilled
0709 100701 LArtichokes, fresh or chilled
07020701 MTomatoes, fresh or chilled
ex 0709 900701 NOlives, fresh or chilled
ex 0709 900701 OCapers, fresh or chilled
07070701 PCucumbers and gherkins, fresh or chilled

0709 51,

0709 52

0701 QMushrooms and truffles, fresh or chilled
ex 0709 900701 RFennel, fresh or chilled
ex 0709 600701 SSweet peppers, fresh or chilled
ex 07090701 TOther, fresh or chilled
ex 0710ex 0702Vegetables, uncooked, frozen

ex 0801,

ex 0803,

ex 0804

ex 0801

Dates, bananas, coconuts, Brazil

nuts, cashew nutsa, avocados,

mangoes, guavas and mangosteens, fresh, shelled or peeled

ex 0805ex 0802Citrus fruit, fresha
ex 0804ex 0803Figs, fresha
ex 0806ex 0804Grapes, fresha
ex 0802ex 0805Nuts, other than those falling within heading No 08.01, fresha, shelled or peeled
08080806Apples, pears and quinces, fresha
08090807Stone fruit, fresha

ex 0810,

0807 20

0808Berries, fresha

ex 0810,

0807 10

0809Other fruit, fresha
ex 0811ex 0810Fruit, uncooked, preserved by freezing, not containing added sugara
14. 377 L 0436: Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (OJ No L 172, 12.7.1977, p. 20), as amended by:
15. 378 L 0142: Council Directive 78/142/EEC of 30 January 1978 on the approximation of the laws of the Member States relating to materials and articles which contain vinyl chloride monomer and are intended to come into contact with foodstuffs (OJ No L 44, 15.2.1978, p. 15), as corrected by OJ No L 163, 20.6.1978, p. 24.
16. 378 L 0663: Council Directive 78/663/EEC of 25 July 1978 laying down specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (OJ No L 223, 14.8.1978, p. 7), as corrected by OJ No L 296, 21.10.1978, p. 50, and OJ No L 91, 10.4.1979, p. 7, as amended by:
17. 378 L 0664: Council Directive 78/664/EEC of 25 July 1978 laying down specific criteria of purity for antioxidants which may be used in foodstuffs intended for human consumption (OJ No L 223, 14.8.1978, p. 30), as amended by:
18. 379 L 0112: Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ No L 33, 8.2.1979, p. 1), as amended by:

Foodstuffs labelled before the entry into force of this Agreement and in accordance with the relevant national legislation of the EFTA States in force at that time, may be placed on their own markets until 1 January 1995.

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

the following shall be added to Article 5.3:

  • ‘in Finnish “säteilytetty, käsitelty ionisoivalla säteilyllä”,

  • in Icelandic “geislao, meohändlao meo j6nandi geislun”,

  • in Norwegian “bestrålt, behandlet med ioniserende stråling”,

  • in Swedish “bestrålad, behandlad med joniserande strålning”.’;

(b)

in Article 9(6), the corresponding heading in the Harmonized System to CN codes 2206 00 91, 2206 00 93 and 2206 00 99, is 22.06;

(c)

the following shall be added to Article 9a.2:

  • ‘in Finnish “viimeinen käyttöajankohta”,

  • in Icelandic “siðasti neysludagur”,

  • in Norwegian “holdbar til”,

  • in Swedish “sista förbrukningsdagen”.’;

(d)

in Article 10a, the corresponding heading in the Harmonized System to tariff heading Nos 2204 and 2205, is 2204.

19. 379 L 0693: Council Directive 79/693/EEC of 24 July 1979 on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut puree (OJ No L 205, 13.8.1979, p. 5), as amended by:
20. 379 L 0700: Commission Directive 79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (OJ No L 207, 15.8.1979, p. 26).
21. 379 L 0796: First Commission Directive 79/796/EEC of 26 July 1979 laying down Community methods of analysis for testing certain sugars intended for human consumption (OJ No L 239, 22.9.1979, p. 24).
22. 379 L 1066: First Commission Directive 79/1066/EEC of 13 November 1979 laying down Community methods of analysis for testing coffee extracts and chicory extracts (OJ No L 327, 24.12,1979, p. 17).
23. 379 L 1067: First Commission Directive 79/1067/EEC of 13 November 1979 laying down Community methods of analysis for testing certain partly or wholly dehydrated preserved milk for human consumption (OJ No L 327, 24.12.1979, p. 29).
24. 380 L 0590: Commission Directive 80/590/EEC of 9 June 1980 determining the symbol that may accompany materials and articles intended to come into contact with foodstuffs (OJ No L 151, 19.6.1980, p. 21), as amended by:

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 217).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

The following shall be added to the title of the Annex:

‘LUTE’(Finnish)
‘VIDAUKI’(Icelandic)
‘VEDLEGG’(Norwegian)
‘BILAGA’(Swedish).
(b)

The following shall be added to the text in the Annex:

‘tunnus’(Finnish)
‘merki’(Icelandic)
‘symbol’(Norwegian)
‘symbol’(Swedish).
25. 380 L 0766: Commission Directive 80/766/EEC of 8 July 1980 laying down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs (OJ No L 213, 16.8.1980, p. 42).
26. 380 L 0777: Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (OJ No L 229, 30.8.1980, p. 1), as amended by:
27. 380 L 0891: Commission Directive 80/891/EEC of 25 July 1980 relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and foodstuffs containing added oils or fats (OJ No L 254, 27.9.1980, p. 35).
28. 381 L 0432: Commission Directive 81/432/EEC of 29 April 1981 laying down Community methods of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs (OJ No L 167, 24.6.1981, p. 6).
29. 381 L 0712: First Commission Directive 81/712/EEC of 28 July 1981 laying down Community methods of analysis for verifying that certain additives used in foodstuffs satisfy criteria of purity (OJ No L 257, 10.9.1981, p. 1).
30. 382 L 0711: Council Directive 82/71 I/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (OJ No L 297, 23.10.1982, p. 26).
31. 383 L 0229: Council Directive 83/229/EEC of 25 April 1983 on the approximation of the laws of the Member States relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (OJ No L 123, 11.5.1983, p. 31), as amended by:
32. 383 L 0417: Council Directive 83/417/EEC of 25 July 1983 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption (OJ No L 237, 26.8.1983, p. 25), as amended by:

  • 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 217).

33. 383 L 0463: Commission Directive 83/463/EEC of 22 July 1983 introducing temporary measures for the designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate consumer (OJ No L 255, 15.9.1983, p. 1).
34. 384 L 0500: Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (OJ No L 277, 20.10.1984, p. 12).

Norway and Sweden shall comply with the provisions of the Directive by 1 January 1995.

35. 385 L 0503: First Commission Directive 85/503/EEC of 25 October 1985 on methods of analysis for edible caseins and caseinates (OJ No L 308, 20.11.1985, p. 12).
36. 385 L 0572: Council Directive 85/572/EEC of 19 December 1985 laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs (OJ No L 372, 31.12.1985, p. 14).
37. 385 L 0591: Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (OJ No L 372, 31.12.1985, p. 50).
38. 386 L 0362: Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (OJ No L 221, 7.8.1986, p. 37), as amended by:

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

Annex I shall be replaced by the following:

“Annex I
HS heading or subheading NoCCT heading NoDescription
ex 1001ex 1001Wheat
10021002Rye
10031003Barley
10041004Oats
ex 1005ex 1005Maize
ex 1006ex 1006Paddy rice
ex 1007ex 1007Buckwheat, millet, grain, sorghum, tricale and other cereals”
39. 386 L 0363: Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (OJ No L 221, 7.8.1986, p. 43).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

Annex I shall be replaced by the following:

“Annex I
HS heading or subheading NoCCT heading NoDescription

0201,

0202,

0203,

0204,

0205,

0206

ex 0201Meat and edible offals of horses, asses, mules and hinnies, bovine animals, swine, sheep and goats, fresh, chilled or frozen
ex 02070202Dead poultry (that is to say, fowls, ducks, geese, turkeys and guinea fowls) and edible offals thereof (except liver), fresh, chilled or frozen

0207 31,

ex 0207 39,

0207 50,

ex 0210 90

0203Poultry liver, fresh, chilled, frozen, salted or in brine

0208 10,

ex 0208 90

ex 0204Other meat and edible meat offals, fresh, chilled or frozen, of domestic pigeons, domestic rabbits and game
0209ex 0205Pig fat and poultry fat, fresh, chilled, frozen, salted, in brine, dried or smoked
02100206Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked

ex 0401,

ex 0403,

ex 0404

0401Milk and cream, fresh, not concentrated or sweetened

ex 0401,

0402,

ex 0403,

ex 0404

0402Milk and cream, preserved, concentrated or sweetened
04050403Butter
04060404Cheese and curd

ex 0407,

ex 0408

ex 0405Birds' eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not except eggs for hatching as well as eggs and egg yolks intended for purposes other than nutrition

1601,

ex 1902 20

1601Sausages and the like, of meat, meat offals or animal blood

ex 0210 90,

1602,

1902 20

1602Other prepared or preserved meat or meat offal”
40. 386 L 0424: First Commission Directive 86/424/EEC of 15 July 1986 laying down methods of sampling for chemical analysis of edible caseins and caseinates (OJ No L 243, 28.8.1986, p. 29).
41. 387 L 0250: Commission Directive 87/250/EEC of 15 April 1987 on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer (OJ No L 113, 30.4.1987, p. 57).
42. 387 L 0524: First Commission Directive 87/524/EEC of 6 October 1987 laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products (OJ No L 306, 28.10.1987, p. 24).
43. 388 L 0344: Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ No L 157, 24.6.1988, p. 28).
44. 388 L 0388: Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (OJ No L 184, 15.7.1988, p. 61), as corrected by OJ No L 345, 14.12.1988, p. 29, as amended by:
45. 388 D 0389: Council Decision 88/389/EEC of 22 June 1988 on the establishment, by the Commission, of an inventory of the source materials and substances used in the preparation of flavourings (OJ No L 184, 15.7.1988, p. 67).
46. 389 L 0107: Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (OJ No L 40, 11.2.1989, p. 27).
47. 389 L 0108: Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (OJ No L 40, 11.2.1989, p. 34)

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

The following shall be added to Article 8(1)(a):

‘—in Finnish
“pakastettu”
—in Icelandic
“hraðfryst”
—in Norwegian
“dypfryst”
—in Swedish
“djupfryst”’.
48. 389 L 0109: Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (OJ No L 40, 11.2.1989, p. 38), as corrected by OJ No L 347, 28.11.1989, p. 37.
49. 389 L 0396: Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (OJ No L 186, 30.6.1989, p. 21), as amended by:
50. 389 L 0397: Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ No L 186, 30.6.1989, p. 23).
51. 389 L 0398: Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ No L 186, 30.6.1989, p. 27).
52. 390 L 0128: Commission Directive 90/128/EEC of 23 February 1990 relating to plastic materials and articles intended to come into contact with foodstuffs (OJ No L 75, 21.3.1990, p. 19).
53. 390 L 0496: Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (OJ No L 276, 6.10.1990, p. 40).
54. 390 L 0642: Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (OJ No L 350, 14.12.1990, p. 71).
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

55. 378 X 0358: Commission Recommendation 78/358/EEC of 29 March 1978 to the Member States on the use of saccharin as a food ingredient and for sale as such in tablet form to the final consumer (OJ No L 103, 15.4.1978, p. 32).
56. 380 X 1089: Commission Recommendation 80/1089/EEC of 11 November 1980 concerning tests related to the safety evaluation of food additives (OJ No L 320, 27.11.1980, p. 36).
57. C/271/89/p. 3: Commission interpretative communication concerning the free circulation of foodstuffs within the Community COM(89) 256 (OJ No C 271, 24.10.1989, p. 3).

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