DECISION OF THE EEA JOINT COMMITTEE No 138/2022

of 29 April 2022

amending Annex IX (Financial services) to the EEA Agreement [2022/1582]

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)

Commission Delegated Regulation (EU) 2021/1255 of 21 April 2021 amending Delegated Regulation (EU) No 231/2013 as regards the sustainability risks and sustainability factors to be taken into account by Alternative Investment Fund Managers ( 1 ) is to be incorporated into the EEA Agreement.

(2)

Commission Delegated Regulation (EU) 2021/1256 of 21 April 2021 amending Delegated Regulation (EU) 2015/35 as regards the integration of sustainability risks in the governance of insurance and reinsurance undertakings ( 2 ) is to be incorporated into the EEA Agreement.

(3)

Commission Delegated Regulation (EU) 2021/1257 of 21 April 2021 amending Delegated Regulations (EU) 2017/2358 and (EU) 2017/2359 as regards the integration of sustainability factors, risks and preferences into the product oversight and governance requirements for insurance undertakings and insurance distributors and into the rules on conduct of business and investment advice for insurance-based investment products ( 3 ) is to be incorporated into the EEA Agreement.

(4)

Commission Delegated Directive (EU) 2021/1270 of 21 April 2021 amending Directive 2010/43/EU as regards the sustainability risks and sustainability factors to be taken into account for Undertakings for Collective Investment in Transferable Securities (UCITS) ( 4 ) is to be incorporated into the EEA Agreement.

(5)

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 1b (Commission Delegated Regulation (EU) 2015/35):

‘—

32021 R 1256 : Commission Delegated Regulation (EU) 2021/1256 of 21 April 2021 ( OJ L 277, 2.8.2021, p. 14 ).’

The following indent is added in points 13eb (Commission Delegated Regulation (EU) 2017/2358) and 13ec (Commission Delegated Regulation (EU) 2017/2359):

‘—

32021 R 1257 : Commission Delegated Regulation (EU) 2021/1257 of 21 April 2021 ( OJ L 277, 2.8.2021, p. 18 ).’

The following is added in point 30e (Commission Directive 2010/43/EU):

‘, as amended by:

—

32021 L 1270 : Commission Delegated Directive (EU) 2021/1270 of 21 April 2021 ( OJ L 277, 2.8.2021, p. 141 ).’

The following indent is added in point 31bba (Commission Delegated Regulation (EU) No 231/2013):

‘—

32021 R 1255 : Commission Delegated Regulation (EU) 2021/1255 of 21 April 2021 ( OJ L 277, 2.8.2021, p. 11 ).’

Article 2

The texts of Delegated Regulations (EU) 2021/1255, (EU) 2021/1256 and (EU) 2021/1257 and Delegated Directive (EU) 2021/1270 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 30 April 2022, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( * ) , or on the day of the entry into force of Decision of the EEA Joint Committee No 151/2022 of 29 April 2022 ( 5 ) , whichever is the later.

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, 29 April 2022.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 277, 2.8.2021, p. 11 .

( 2 ) OJ L 277, 2.8.2021, p. 14 .

( 3 ) OJ L 277, 2.8.2021, p. 18 .

( 4 ) OJ L 277, 2.8.2021, p. 141 .

( * ) Constitutional requirements indicated.

( 5 ) See page 114 of this Official Journal.