2024/119
18.1.2024
DECISION OF THE EEA JOINT COMMITTEE No 117/2021
of 19 March 2021
amending Annex IX (Financial services) to the EEA Agreement [2024/119]
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) 2021/236 of 21 December 2020 amending technical standards laid down in Delegated Regulation (EU) 2016/2251 as regards to the timing of when certain risk management procedures will start to apply for the purpose of the exchange of collateral ( 1 ) is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/237 of 21 December 2020 amending regulatory technical standards laid down in Delegated Regulations (EU) 2015/2205, (EU) 2016/592 and (EU) 2016/1178 as regards the date at which the clearing obligation takes effect for certain types of contracts ( 2 ) is to be incorporated into the EEA Agreement.
(3) 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:
1.
Point 31bcp (Commission Delegated Regulation (EU) 2015/2205) is amended as follows:
(i) The following indent is added:
‘-
32021 R 0237 : Commission Delegated Regulation (EU) 2021/237 of 21 December 2020 ( OJ L 56, 17.2.2021, p. 6 ).’
(ii) The text of adaptation (b)(iii) is replaced by the following:
‘as regards the EFTA States, the text of point (b) in the first subparagraph of paragraph 2 shall read as follows:
“the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1”.’
(iii) Adaptation (c) is deleted.
2.
Point 31bcq (Commission Delegated Regulation (EU) 2016/592) is amended as follows:
(i) The following indent is added:
‘-
32021 R 0237 : Commission Delegated Regulation (EU) 2021/237 of 21 December 2020 ( OJ L 56, 17.2.2021, p. 6 ).’
(ii) The text of adaptation (b)(iii) is replaced by the following:
‘as regards the EFTA States, the text of point (b) in the first subparagraph of paragraph 2 shall read as follows:
“the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1”.’
(iii) Adaptation (c) is deleted.
3.
Point 31bcr (Commission Delegated Regulation (EU) 2016/1178) is amended as follows:
(i) The following indent is added:
‘-
32021 R 0237 : Commission Delegated Regulation (EU) 2021/237 of 21 December 2020 ( OJ L 56, 17.2.2021, p. 6 ).’
(ii) The text of adaptation (b)(iii) is replaced by the following:
‘as regards the EFTA States, the text of point (b) in the first subparagraph of paragraph 2 shall read as follows:
“the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1”.’
(iii) Adaptation (c) is deleted.
4.
Point 31bcs (Commission Delegated Regulation (EU) 2016/2251) is amended as follows:
(i) The following indent is added:
‘-
32021 R 0236 : Commission Delegated Regulation (EU) 2021/236 of 21 December 2020 ( OJ L 56, 17.2.2021, p. 1 .).’
(ii) The text of adaptation (a) is replaced by the following:
‘In Article 35, as regards the EFTA States:
(i) the words “16 August 2012” shall read “1 July 2017”;
(ii) the words “18 February 2021” shall read “the date of entry into force of Decision of the EEA Joint Committee No 117/2021 of 19 March 2021”.’
Article 2
The texts of Delegated Regulations (EU) 2021/236 and (EU) 2021/237 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 20 March 2021, 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, 19 March 2021.
For the EEA Joint Committee
The President
Clara GANSLANDT
( 1 ) OJ L 56, 17.2.2021, p. 1 .
( 2 ) OJ L 56, 17.2.2021, p. 6 .
( *1 ) No constitutional requirements indicated.
ELI: http://data.europa.eu/eli/dec/2024/119/oj
ISSN 1977-0677 (electronic edition)
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