DECISION OF THE EEA JOINT COMMITTEE No 185/2023

of 5 July 2023

amending Annex IX (Financial services) to the EEA Agreement [2024/809]

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) Regulation (EU) 2022/858 of the European Parliament and of the Council of 30 May 2022 on a pilot regime for market infrastructures based on distributed ledger technology, and amending Regulations (EU) No 600/2014 and (EU) No 909/2014 and Directive 2014/65/EU ( 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 points 31ba (Directive 2014/65/EU of the European Parliament and of the Council) and 31baa (Regulation (EU) No 600/2014 of the European Parliament and of the Council):

‘—

32022 R 0858 : Regulation (EU) 2022/858 of the European Parliament and of the Council of 30 May 2022 ( OJ L 151, 2.6.2022, p. 1 ).’

The following is added in point 31bf (Regulation (EU) No 909/2014 of the European Parliament and of the Council):

‘, as amended by:

— 32022 R 0858 : Regulation (EU) 2022/858 of the European Parliament and of the Council of 30 May 2022 ( OJ L 151, 2.6.2022, p. 1 ).’

The following is inserted after point 31ca (Commission Decision 2001/528/EC):

‘31cc.

32022 R 0858 : Regulation (EU) 2022/858 of the European Parliament and of the Council of 30 May 2022 on a pilot regime for market infrastructures based on distributed ledger technology, and amending Regulations (EU) No 600/2014 and (EU) No 909/2014 and Directive 2014/65/EU ( OJ L 151, 2.6.2022, p. 1 ).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(a) The words “Union law” shall be replaced by the words “the EEA Agreement”.

(b) In Article 5(9), the words “the Union financial system, or the financial system of the Member State concerned” shall be replaced by “the EEA financial system, or the financial system of the Contracting Party concerned”.

(c) In Article 11(4), the words “Union financial services legislation” shall be replaced with “EEA financial services legislation”.

(d) Article 19(2), as regards the EFTA States, shall read “It shall be applied within 12 months following the date of entry into force of Decision of the EEA Joint Committee No 185/2023 of 5 July 2023.”’

Article 2

The text of Regulation (EU) 2022/858 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 6 July 2023, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( *1 ) .

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, 5 July 2023.

For the EEA Joint Committee

The President

Pascal SCHAFHAUSER

( 1 ) OJ L 151, 2.6.2022, p. 1 .

( *1 ) Constitutional requirements indicated.

ELI: http://data.europa.eu/eli/dec/2024/809/oj

ISSN 1977-0677 (electronic edition)