**Policy Summary**
This document outlines Decision No. 213/2022 of the EEA Joint Committee, adopted on July 8, 2022, which amends Annex IX (Financial Services) to the Agreement on the European Economic Area (EEA). The amendment incorporates Directive (EU) 2021/338 of the European Parliament and of the Council of February 16, 2021, into the EEA Agreement. Directive (EU) 2021/338 modifies Directive 2014/65/EU (regarding information requirements, product governance, and position limits) and Directives 2013/36/EU and (EU) 2019/878 (regarding their application to investment firms) to aid recovery from the COVID-19 crisis. The decision details specific amendments to Annex IX, including additions to point 14 (Directive 2013/36/EU) and modifications to point 31ba (Directive 2014/65/EU). It also addresses the powers of the EFTA Surveillance Authority in relation to ESMA's powers under Article 19 of Regulation (EU) No 1095/2010. The authentic text of Directive (EU) 2021/338 in Icelandic and Norwegian will be published in the EEA Supplement to the Official Journal of the European Union. The decision entered into force on July 9, 2022, following the completion of notifications under Article 103(1) of the EEA Agreement. 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 decision was made by the EEA Joint Committee, a body responsible for managing the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area
Directive EU 2021/338: Directive EU 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and EU 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis.
European Parliament: Legislative branch of the European Union
Council of the European Union: A component of the EU legislative branch where representatives of each member state convene.
Annex IX to the EEA Agreement: Annex IX Financial services to the EEA Agreement
Brussels: City where the decision was finalized.
EFTA Surveillance Authority: An organization for the EFTA States
23.3.2023 EN Official Journal of the European Union L 85/23
DECISION OF THE EEA JOINT COMMITTEE No 213/2022
of 8 July 2022
amending Annex IX (Financial services) to the EEA Agreement [2023/630]
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) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending
Directive 2014/65/EU as regards information requirements, product governance and position limits, and
Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery
from the COVID-19 crisis(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
Annex IX to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 14 (Directive 2013/36/EU of the European Parliament and of the Council):
‘— 32021 L 0338: Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021
(OJ L 68, 26.2.2021, p. 14).’
2. Point 31ba (Directive 2014/65/EU of the European Parliament and of the Council) is amended as follows:
(i) the following indent is added:
‘— 32021 L 0338: Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February
2021(OJ L 68, 26.2.2021, p. 14).’;
(ii) adaptations (d) to (l) are renumbered as adaptations (e) to (m), respectively;
(iii) the following adaptation is inserted after adaptation (c):
‘(d) References to the powers of ESMA under Article 19 of Regulation (EU) No 1095/2010 of the European
Parliament and of the Council in the Directive shall be understood as referring, in the cases provided for in
and in accordance with point 31i of this Annex, to the powers of the EFTA Surveillance Authority as regards
the EFTA States.’.
Article 2
The text of Directive (EU) 2021/338 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 9 July 2022, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
(1) OJ L 68, 26.2.2021, p. 14.
(*) Constitutional requirements indicated.L 85/24 EN Official Journal of the European Union 23.3.2023
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, 8 July 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON