DECISION OF THE EEA JOINT COMMITTEE No 213/2022

of 8 July 2022

amending Annex IX (Financial services) to the EEA Agreement [2023/630]

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)

Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis ( 1 ) is to be incorporated into the EEA Agreement.

(2)

Annex IX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex IX to the EEA Agreement shall be amended as follows:

The following indent is added in point 14 (Directive 2013/36/EU of the European Parliament and of the Council):

‘—

32021 L 0338 : Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 ( OJ L 68, 26.2.2021, p. 14 ).’

Point 31ba (Directive 2014/65/EU of the European Parliament and of the Council) is amended as follows:

(i)

the following indent is added:

‘—

32021 L 0338 : Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 ( OJ L 68, 26.2.2021, p. 14 ).’;

(ii)

adaptations (d) to (l) are renumbered as adaptations (e) to (m), respectively;

(iii)

the following adaptation is inserted after adaptation (c):

‘(d)

References to the powers of ESMA under Article 19 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council in the Directive shall be understood as referring, in the cases provided for in and in accordance with point 31i of this Annex, to the powers of the EFTA Surveillance Authority as regards the EFTA States.’.

Article 2

The text of Directive (EU) 2021/338 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 9 July 2022, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( * ) .

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, 8 July 2022.

For the EEA Joint Committee

The President

Kristján Andri STEFÁNSSON

( 1 ) OJ L 68, 26.2.2021, p. 14 .

( * ) Constitutional requirements indicated.