COUNCIL DECISION (EU) 2022/2571

of 24 November 2022

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement (Audiovisual Media Services Directive)

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) and Article 62, in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XI to the EEA Agreement, which contains provisions on electronic communication, audiovisual services and information society, and Protocol 37 (containing the list provided for in Article 101) (‘Protocol 37’) to the EEA Agreement.

(3) Directive (EU) 2018/1808 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

(4) Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 to the EEA Agreement should be amended accordingly.

(5) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union’s behalf within the EEA Joint Committee on the proposed amendment to Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 24 November 2022.

For the Council

The President

A. HUBÁČKOVÁ

(1)

OJ L 305, 30.11.1994, p. 6

(2)

OJ L 1, 3.1.1994, p. 3

(3) Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (

OJ L 303, 28.11.2018, p. 69

DRAFT

DECISION OF THE EEA JOINT COMMITTEE No […]

of […]

amending Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement

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) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (1) is to be incorporated into the EEA Agreement.

(2) Annex XI and Protocol 37 to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Point 5p (Directive 2010/13/EU of the European Parliament and of the Council) of Annex XI to the EEA Agreement shall be amended as follows:

The following is added:

‘, as amended by:

— 32018 L 1808

: Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 (

OJ L 303, 28.11.2018, p. 69

).’

Adaptations (a), (b) and (c) are renumbered as adaptations (b), (c) and (d).

The following adaptation is inserted before adaptation (b):

‘(a)

In Article 1(1)(a)(i) and (aa), the words “Articles 56 and 57 of the Treaty on the Functioning of the European Union” shall be replaced by the words “Articles 36 and 37 of the Agreement on the European Economic Area”.’

The following adaptations are inserted after adaptation (d):

‘(e)

In Articles 2(5c) and 28a(7), the following subparagraph shall be added:

“In cases involving both an EFTA State and an EU Member State, the EFTA Surveillance Authority and the Commission shall cooperate with a view to agreeing on identical decisions as to which Member State has jurisdiction.”

(f) In Article 6, as regards the EFTA States:

(i) in paragraph 1(a), the words “any of the grounds referred to in Article 21 of the Charter” shall read “any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, or on grounds of nationality”;

(ii) in paragraph 1(b), the reference to Article 5 of Directive (EU) 2017/541 shall be understood to refer to the corresponding provisions of the national law of the EFTA States;

(iii) in paragraph 2, the words “respect the rights and observe principles set out in the Charter” shall read “respect fundamental rights”.

(g) In Article 28b, as regards the EFTA States:

(i) in paragraph 1(b), the words “any of the grounds referred to in Article 21 of the Charter” shall read “any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, or on grounds of nationality”;

(ii) in paragraph 1(c), the references to Article 5 of Directive (EU) 2017/541, to Article 5(4) of Directive 2011/93/EU and to Article 1 of Framework Decision 2008/913/JHA shall be understood to refer to the corresponding provisions of the national law of the EFTA States.

(h) In Article 30b:

(i) in paragraph 2, the words “and an EFTA Surveillance Authority representative” shall be inserted after the word “Commission representative”;

(ii) in paragraph 2, the following sentence shall be added:

“The EFTA States shall participate fully in ERGA, except for the right to vote.”’

Article 2

The text of point 39 of Protocol 37 to the EEA Agreement shall be replaced by the following:

“The European Regulators Group for Audiovisual Media Services (ERGA) (Commission Decision C(2014)462 of 3.2.2014 on establishing the European Regulators Group for Audiovisual Media Services and Directive (EU) 2018/1808 of the European Parliament and of the Council).”

Article 3

The text of Directive (EU) 2018/1808 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 4

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made

(

)

Article 5

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 …, […].

For the EEA Joint Committee

The President

The Secretaries

To the EEA Joint Committee

(1)

OJ L 303, 28.11.2018, p. 69

(

)

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

Joint Declaration by the Contracting Parties to Decision No […] incorporating Directive (EU) 2018/1808 into the Agreement

[for adoption with the Decision and for publication in the OJ]

Directive (EU) 2018/1808 contains provisions with references to Directive (EU) 2017/541 of the European Parliament and of the Council, to Directive 2011/93/EU of the European Parliament and of the Council and to Framework Decision 2008/913/JHA, which are adopted under Title V TFEU. It is recalled that the incorporation of acts with such provisions into the EEA Agreement is without prejudice to the understanding that EU legislation adopted pursuant to Title V TFEU falls outside the scope of the EEA Agreement.

With regard to the references to Article 5 of Directive (EU) 2017/541, to Article 5(4) of Directive 2011/93/EU and to Article 1 of Framework Decision 2008/913/JHA, the Contracting Parties, in the context of long-standing common values and European identity, acknowledge that the corresponding provisions of the national law of the EFTA States are applied in a functionally equivalent manner.