DECISION OF THE EEA JOINT COMMITTEE No 31/2025

of 7 February 2025

amending Annex XIII (Transport) to the EEA Agreement [2025/761]

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) Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union ( 1 ) is to be incorporated into the EEA Agreement.

(2) Commission Delegated Regulation (EU) 2020/203 of 28 November 2019 on classification of vehicles, obligations of European Electronic Toll Service users, requirements for interoperability constituents and minimum eligibility criteria for notified bodies ( 2 ) is to be incorporated into the EEA Agreement.

(3) Commission Implementing Regulation (EU) 2020/204 of 28 November 2019 on detailed obligations of European Electronic Toll Service providers, minimum content of the European Electronic Toll Service domain statement, electronic interfaces, requirements for interoperability constituents and repealing Decision 2009/750/EC ( 3 ) is to be incorporated into the EEA Agreement.

(4) Directive (EU) 2019/520 repeals Directive 2004/52/EC of the European Parliament and of the Council ( 4 ) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(5) Implementing Regulation (EU) 2020/204 repeals Commission Decision 2009/750/EC ( 5 ) , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(6) Directive (EU) 2019/520 contains provisions with references to acts adopted under Title V TFEU. It is recalled that the incorporation of acts with such provisions into the EEA Agreement is without prejudice to the understanding that EU legislation adopted pursuant to Title V TFEU falls outside the scope of the EEA Agreement. The Contracting Parties are committed to comply with the obligation to implement Directive (EU) 2019/520, including the procedures necessary to enable the data exchanges in Article 23 referring to the Annex establishing such procedures as a result of the application of Council Decision 2008/616/JHA.

(7) With regard to the references in Article 23 of Directive (EU) 2019/520 to Council Decision 2008/616/JHA, the national procedures in the EFTA States are in accordance with the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities.

(8) Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

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

The text of point 18b (Directive 2004/52/EC of the European Parliament and of the Council) is replaced with the following:

‘ 32019 L 0520 : Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union ( OJ L 91, 29.3.2019, p. 45 ).

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

(a) References to Union rules on the protection of personal data shall be understood as references to the EEA Agreement and the data protection provisions contained therein.

(b) As regards Iceland and Norway, the references to the procedures for information exchange in Article 23 established as a result of the application of Council Decision 2008/616/JHA in the Annex to that Decision shall be understood as referring to the procedures rendered applicable pursuant to Article 1 of the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.

As regards Liechtenstein, the references to the procedures for information exchange in Article 23 established as a result of the application of Council Decision 2008/616/JHA in the Annex to that Decision shall be understood as referring to the procedures rendered applicable pursuant to Article 1 of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities.’

Point 18ba (Commission Decision 2009/750/EC) is renumbered as point 18bb.

The following point is inserted after point 18b (Directive (EU) 2019/520 of the European Parliament and of the Council):

‘18ba.

32020 R 0203 : Commission Delegated Regulation (EU) 2020/203 of 28 November 2019 on classification of vehicles, obligations of European Electronic Toll Service users, requirements for interoperability constituents and minimum eligibility criteria for notified bodies ( OJ L 43, 17.2.2020, p. 41 ).’

The text of point 18bb (Commission Decision 2009/750/EC) is replaced with the following:

‘ 32020 R 0204 : Commission Implementing Regulation (EU) 2020/204 of 28 November 2019 on detailed obligations of European Electronic Toll Service providers, minimum content of the European Electronic Toll Service domain statement, electronic interfaces, requirements for interoperability constituents and repealing Decision 2009/750/EC ( OJ L 43, 17.2.2020, p. 49 ).’

Article 2

The texts of Directive (EU) 2019/520, Delegated Regulation (EU) 2020/203 and Implementing Regulation (EU) 2020/204 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 8 February 2025, 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, 7 February 2025.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 91, 29.3.2019, p. 45 .

( 2 ) OJ L 43, 17.2.2020, p. 41 .

( 3 ) OJ L 43, 17.2.2020, p. 49 .

( 4 ) OJ L 166, 30.4.2004, p. 124 .

( 5 ) OJ L 268, 13.10.2009, p. 11 .

( *1 ) Constitutional requirements indicated.

Joint Declaration by the Contracting Parties

to Decision No 31/2025 incorporating Directive (EU) 2019/520 of the European Parliament and of the Council into the Agreement

The Contracting Parties acknowledge that in view of the specific situation of Liechtenstein, its very small road network as well as the fact that Liechtenstein introduced on 1 January 2001 a Heavy Vehicle Fee, which is based on a bilateral agreement between Liechtenstein and Switzerland and which is to be levied at the common border posts by virtue of its Customs Union Treaty with Switzerland, questions relating to the interoperability of electronic road toll systems in Liechtenstein are dealt with in close cooperation with Switzerland.

ELI: http://data.europa.eu/eli/dec/2025/761/oj

ISSN 1977-0677 (electronic edition)