DECISION OF THE EEA JOINT COMMITTEE No 98/2023

of 28 April 2023

amending Annex IX (Financial services) to the EEA Agreement [2023/2252]

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 Implementing Regulation (EU) 2020/1406 of 2 October 2020 laying down implementing technical standards with regard to procedures and forms for exchange of information and cooperation between competent authorities, ESMA, the Commission and other entities under Articles 24(2) and 25 of Regulation (EU) No 596/2014 of the European Parliament and of the Council on market abuse ( 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

The following is inserted after point 29ar (Commission Implementing Regulation (EU) 2018/292) of Annex IX to the EEA Agreement:

‘29as.

32020 R 1406 : Commission Implementing Regulation (EU) 2020/1406 of 2 October 2020 laying down implementing technical standards with regard to procedures and forms for exchange of information and cooperation between competent authorities, ESMA, the Commission and other entities under Articles 24(2) and 25 of Regulation (EU) No 596/2014 of the European Parliament and of the Council on market abuse ( OJ L 325, 7.10.2020, p. 7 ).

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

In Articles 1(a) and (d) and 11, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.’

Article 2

The text of Implementing Regulation (EU) 2020/1406 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 29 April 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, 28 April 2023.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 325, 7.10.2020, p. 7 .

( *1 ) No constitutional requirements indicated.

ELI: http://data.europa.eu/eli/dec/2023/2252/oj

ISSN 1977-0677 (electronic edition)