DECISION OF THE EEA JOINT COMMITTEE No 332/2022

of 9 December 2022

amending Annex IX (Financial services) to the EEA Agreement [2023/1274]

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) 2021/1456 of 2 June 2021 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council by specifying the conditions under which the commercial terms for clearing services for OTC derivatives are to be considered to be fair, reasonable, non-discriminatory and transparent  ( 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 31bcx (Commission Delegated Regulation (EU) 2021/731) of Annex IX to the EEA Agreement:

‘31bcy.

32021 R 1456 : Commission Delegated Regulation (EU) 2021/1456 of 2 June 2021 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council by specifying the conditions under which the commercial terms for clearing services for OTC derivatives are to be considered to be fair, reasonable, non-discriminatory and transparent ( OJ L 317, 8.9.2021, p. 1 ).

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

In Article 3, as regards the EFTA States, the words “ 9 September 2021 ” shall read “the date of entry into force of Decision of the EEA Joint Committee No 332/2022 of 9 December 2022 ” and the words “by 9 September 2022 ” shall read “within one year after the date of entry into force of Decision of the EEA Joint Committee No 332/2022 of 9 December 2022 ”.’

Article 2

The text of Delegated Regulation (EU) 2021/1456 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 10 December 2022, provided that all the notifications under Article 103(1) of the EEA Agreement have been made  ( *1 ) , or on the day of the entry into force of Decision of the EEA Joint Committee No 50/2021 of 5 February 2021  ( 2 ) , 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, 9 December 2022.

For the EEA Joint Committee

The President

Kristján Andri STEFÁNSSON

( 1 )    OJ L 317, 8.9.2021, p. 1 .

( *1 )   No constitutional requirements indicated.

( 2 )   Not yet published in the Official Journal.