DECISION OF THE EEA JOINT COMMITTEE No 173/2024

of 5 July 2024

amending Annex XIV (Competition) to the EEA Agreement [2024/2554]

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 Regulation (EU) 2023/1066 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements ( 1 ) is to be incorporated into the EEA Agreement.

(2) Commission Regulation (EU) 2023/1067 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements ( 2 ) is to be incorporated into the EEA Agreement.

(3) Commission Regulations (EU) No 1217/2010 ( 3 ) and (EU) No 1218/2010 ( 4 ) , which are incorporated into the EEA Agreement, have expired and should consequently be repealed under the EEA Agreement.

(4) Annex XIV to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex XIV to the EEA Agreement shall be amended as follows:

The text of point 6 (Commission Regulation (EU) No 1218/2010) is replaced by the following:

‘ 32023 R 1067 : Commission Regulation (EU) 2023/1067 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements ( OJ L 143, 2.6.2023, p. 20 ).

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

In Article 6(1) and (2) the words “or the corresponding provision in Article 29(1) of Chapter II of Part II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice,” shall be inserted after the words “pursuant to Article 29(1) of Regulation (EC) No 1/2003”.

In Article 7 the words “or the corresponding provision in Article 29(2) of Chapter II of Part II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice,” shall be inserted after the words “conditions of Article 29(2) of Regulation (EC) No 1/2003”.’

The text of point 7 (Commission Regulation (EU) No 1217/2010) is replaced by the following:

‘ 32023 R 1066 : Commission Regulation (EU) 2023/1066 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements ( OJ L 143, 2.6.2023, p. 9 ).

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

In Article 10(1) and (2) the words “or the corresponding provision in Article 29(1) of Chapter II of Part II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice,” shall be inserted after the words “pursuant to Article 29(1) of Regulation (EC) No 1/2003”.

In Article 11 the words “or the corresponding provision in Article 29(2) of Chapter II of Part II of Protocol 4 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice,” shall be inserted after the words “conditions of Article 29(2) of Regulation (EC) No 1/2003”.’

Article 2

The texts of Regulations (EU) 2023/1066 and (EU) 2023/1067 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 2024, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( *1 ) .

It shall apply from 1 July 2023.

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 2024.

For the EEA Joint Committee

The President

Anders H. EIDE

( 1 ) OJ L 143, 2.6.2023, p. 9 .

( 2 ) OJ L 143, 2.6.2023, p. 20 .

( 3 ) OJ L 335, 18.12.2010, p. 36 .

( 4 ) OJ L 335, 18.12.2010, p. 43 .

( *1 ) No constitutional requirements indicated.

ELI: http://data.europa.eu/eli/dec/2024/2554/oj

ISSN 1977-0677 (electronic edition)