**Summary:**
EEA Joint Committee Decision No. 158/2023, adopted on June 13, 2023, amends Annex IX (Financial Services) to the Agreement on the European Economic Area (EEA). The decision incorporates Commission Delegated Regulation (EU) 2022/2360, which amends the regulatory technical standards laid down in Delegated Regulation (EU) 2018/389 regarding the 90-day exemption for account access, into the EEA Agreement.
Article 1 of the decision adds the aforementioned Commission Delegated Regulation (EU) 2022/2360 to point 16eb of Commission Delegated Regulation (EU) 2018/389 of Annex IX. Specific adaptations are outlined for EFTA States, including adjustments to the application deadlines specified in Articles 2 and 3 of the incorporated regulation. For EFTA states, Article 2's original deadline of July 25, 2023, is replaced with a deadline of "7 months following the entry into force of Decision of the EEA Joint Committee No 158/2023 of 13 June 2023." It also allows EFTA states to implement shorter transitional periods in their national legislation, but not prior to July 25, 2023. Article 3's application deadline for EFTA states is similarly adjusted to "7 months following the entry into force of Decision of the EEA Joint Committee No 158/2023 of 13 June 2023."
Article 2 mandates the publication of the text of Delegated Regulation (EU) 2022/2360 in Icelandic and Norwegian in the EEA Supplement to the Official Journal of the European Union.
Article 3 stipulates that the Decision entered into force on June 14, 2023, contingent upon all notifications required under Article 103(1) of the EEA Agreement being made.
Article 4 states that the Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Joint Committee: The joint committee responsible for decisions related to the European Economic Area (EEA) agreement.
Commission Delegated Regulation EU 2022/2360: A delegated regulation amending regulatory technical standards regarding the 90-day exemption for account access, to be incorporated into the EEA Agreement.
Delegated Regulation EU 2018/389: A European Union delegated regulation that is amended by Commission Delegated Regulation EU 2022/2360.
Article 98: Article of the EEA Agreement related to amendments.
Brussels: Location where the decision was finalized.
EFTA States: The European Free Trade Association States.
Nicolas VON LINGEN: President of the EEA Joint Committee.
EEA Agreement: The Agreement on the European Economic Area.
Official Journal EN
of the European Union L series
2023/2555 30.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 158/2023
of 13 June 2023
amending Annex IX (Financial services) to the EEA Agreement [2023/2555]
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) 2022/2360 of 3 August 2022amending the regulatory technical standards
laid down in Delegated Regulation (EU) 2018/389 as regards the 90-day exemption for account access(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 added in point 16eb (Commission Delegated Regulation (EU) 2018/389) of Annex IX to the EEA
Agreement:
‘, as amended by:
— 32022 R 2360: Commission Delegated Regulation (EU) 2022/2360 of 3 August 2022(OJ L 312, 5.12.2022, p. 1).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) As regards the EFTA States, in the first paragraph of Article 2, the words “25 July 2023” shall read as follows: “7 months
following the entry into force of Decision of the EEA Joint Committee No 158/2023 of 13 June 2023”.
(b) The following sentences shall be inserted to the first paragraph of Article 2: “The EFTA States may, in their national
legislation, provide for a shorter transitional period than is provided under this paragraph. The cut-off date may,
however, not be prior to 25 July 2023.”.
(c) As regards the EFTA States, the second paragraph of Article 3 shall read as follows: “It shall apply within 7 months
following the entry into force of Decision of the EEA Joint Committee No 158/2023 of 13 June 2023.”.’
Article 2
The text of Delegated Regulation (EU) 2022/2360 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 14 June 2023, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
(1) OJ L 312, 5.12.2022, p. 1.
* No constitutional requirements indicated.
ELI: http://data.europa.eu/eli/dec/2023/2555/oj 1/2EN
OJ L, 30.11.2023
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, 13 June 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
2/2 ELI: http://data.europa.eu/eli/dec/2023/2555/oj