**Executive Summary:**
EEA Joint Committee Decision No. 218/2022, dated 8 July 2022, amends Annex IX to the EEA Agreement to incorporate Commission Delegated Regulations (EU) 2021/2139 and 2021/2178. These regulations supplement Regulation (EU) 2020/852 regarding technical screening criteria for climate change mitigation and adaptation, and disclosure requirements for environmentally sustainable economic activities. The decision entered into force on 9 July 2022, pending notifications or the entry into force of Decision No. 151/2022.
**Key Points / Main Content:**
* **Amendment of Annex IX:**
* Annex IX to the EEA Agreement is amended to include two new points.
* Point 31pa: Incorporates Commission Delegated Regulation (EU) 2021/2139, which establishes technical screening criteria for determining when an economic activity contributes substantially to climate change mitigation or adaptation and causes no significant harm to other environmental objectives.
* Point 31pb: Incorporates Commission Delegated Regulation (EU) 2021/2178, which specifies the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifies the methodology to comply with that disclosure obligation.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Delegated Regulations (EU) 2021/2139 and (EU) 2021/2178 are authentic and will be published in the EEA Supplement to the Official Journal of the European Union.
* **Entry into Force:**
* This Decision entered into force on 9 July 2022, provided all notifications under Article 103(1) of the EEA Agreement have been made, or on the day of the entry into force of Decision of the EEA Joint Committee No 151/2022 of 29 April 2022, whichever is later.
* **Publication:**
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
**Impact Analysis:**
* **Undertakings subject to Articles 19a or 29a of Directive 2013/34/EU:**
* *Impact:* These undertakings are now subject to the disclosure requirements outlined in Commission Delegated Regulation (EU) 2021/2178 regarding environmentally sustainable economic activities.
* *Action Required:* These undertakings must review and comply with the content and presentation of information to be disclosed, as well as the specified methodology, to fulfill their disclosure obligations.
* **EEA Member States:**
* *Impact:* EEA Member States are obligated to incorporate the provisions of Commission Delegated Regulations (EU) 2021/2139 and 2021/2178 into their national laws and regulations.
* *Action Required:* Member states must ensure that their national frameworks align with the requirements of these regulations, particularly concerning technical screening criteria and disclosure obligations for environmentally sustainable activities.
* **European Economic Area (EEA):**
* *Impact:* The EEA as a whole will have a standardized approach to defining and disclosing environmentally sustainable economic activities.
* *Action Required:* No direct action stipulated; monitor and adapt to the changes in financial services regulations.
Key Entities Referenced
European Economic Area: An agreement that extends the European Union's single market to non-EU member states.
EEA Agreement: Agreement on the European Economic Area
EEA Joint Committee: The committee responsible for managing the EEA Agreement.
Commission Delegated Regulation EU 2021/2139: A regulation supplementing Regulation EU 2020/852, establishing technical screening criteria for climate change mitigation and adaptation.
Regulation EU 2020/852: Regulation of the European Parliament and of the Council establishing a framework to facilitate sustainable investment.
Commission Delegated Regulation EU 2021/2178: A regulation supplementing Regulation EU 2020/852, specifying the content and presentation of information to be disclosed by undertakings concerning environmentally sustainable economic activities.
Directive 2013/34/EU: A directive concerning the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.
Brussels: The city where the EEA Joint Committee decision was made.
23.3.2023 EN Official Journal of the European Union L 85/33
DECISION OF THE EEA JOINT COMMITTEE No 218/2022
of 8 July 2022
amending Annex IX (Financial services) to the EEA Agreement [2023/635]
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) 2021/2139 of 4 June 2021supplementing Regulation (EU) 2020/852 of the
European Parliament and of the Council by establishing the technical screening criteria for determining the
conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or
climate change adaptation and for determining whether that economic activity causes no significant harm to any of
the other environmental objectives(1)is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021supplementing Regulation (EU) 2020/852 of the
European Parliament and of the Council by specifying the content and presentation of information to be disclosed by
undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable
economic activities, and specifying the methodology to comply with that disclosure obligation(2) is to be
incorporated into the EEA Agreement.
(3) Annex IX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 31p (Regulation (EU) 2020/852 of the European Parliament and of the
Council) of Annex IX to the EEA Agreement:
‘31pa. 32021 R 2139: Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation
(EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for
determining the conditions under which an economic activity qualifies as contributing substantially to climate
change mitigation or climate change adaptation and for determining whether that economic activity causes no
significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1).
31pb. 32021 R 2178: Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation
(EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of
information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning
environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure
obligation (OJ L 443, 10.12.2021, p. 9).’
Article 2
The texts of Delegated Regulations (EU) 2021/2139 and (EU) 2021/2178 in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
(1) OJ L 442, 9.12.2021, p. 1.
(2) OJ L 443, 10.12.2021, p. 9.L 85/34 EN Official Journal of the European Union 23.3.2023
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*, or on the day of the entry into force of Decision of the EEA Joint Committee No 151/2022
of 29 April 2022(3), 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, 8 June 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
(*) No constitutional requirements indicated.
(3) OJ L 246, 22.09.2022, p. 114.