Date: 2023-06-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 321/2022 of 9 December 2022 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA Agreement [2023/1263]
Executive Summary:
EEA Joint Committee Decision No. 32/2022 amends Annexes V and VIII to the EEA Agreement to incorporate Commission Implementing Decisions EU 2022/1948 and EU 2022/1949. These decisions establish the equivalence of COVID-19 certificates issued by Brazil and New Zealand (Cook Islands, Niue, and Tokelau) with those issued under Regulation EU 2021/953. The decision entered into force on December 10, 2022, pending notifications under Article 103(1) of the EEA Agreement.
Key Points / Main Content:
* **Amendment of Annex V (Free movement of workers):**
* Adds Implementing Decision EU 2022/1948 regarding equivalence of Brazilian COVID-19 certificates.
* Adds Implementing Decision EU 2022/1949 regarding equivalence of New Zealand (Cook Islands, Niue, and Tokelau) COVID-19 certificates.
* **Amendment of Annex VIII (Right of establishment):**
* Adds Implementing Decision EU 2022/1948 regarding equivalence of Brazilian COVID-19 certificates.
* Adds Implementing Decision EU 2022/1949 regarding equivalence of New Zealand (Cook Islands, Niue, and Tokelau) COVID-19 certificates.
* **Authentic Texts:**
* The Icelandic and Norwegian language versions of Implementing Decisions EU 2022/1948 and EU 2022/1949 are authentic.
* **Entry into Force:**
* The Decision entered into force on December 10, 2022, provided that all notifications under Article 103(1) of the EEA Agreement have been made.
* **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:
**EEA Member States:**
* Impact: EEA Member States must recognize COVID-19 certificates issued by Brazil and New Zealand (Cook Islands, Niue, and Tokelau) as equivalent to those issued under EU Regulation 2021/953 for free movement purposes.
* Action Required: Update national regulations and systems to reflect the equivalence of these COVID-19 certificates.
**Citizens of Brazil, New Zealand (Cook Islands, Niue, and Tokelau):**
* Impact: Their COVID-19 certificates will be recognized in the EEA for facilitating free movement, right of establishment and access to services.
* Action Required: Ensure their COVID-19 certificates meet the requirements outlined in Implementing Decisions EU 2022/1948 and EU 2022/1949.
**EEA Joint Committee:**
* Impact: Overseeing the implementation of the decision and ensuring its proper integration into the EEA Agreement.
* Action Required: Monitor the notifications under Article 103(1) of the EEA Agreement to confirm the entry into force and ensure publication in the Official Journal.
Key Entities Referenced
EEA Joint Committee: The entity responsible for adopting the decision related to amending Annexes V and VIII of the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Annex V: Refers to Annex V of the EEA Agreement concerning the Free movement of workers.
Annex VIII: Refers to Annex VIII of the EEA Agreement concerning the Right of establishment.
Commission Implementing Decision EU 2022/1948: A decision establishing the equivalence of COVID-19 certificates issued by the Federative Republic of Brazil.
Federative Republic of Brazil: The country whose COVID-19 certificates are recognized as equivalent for free movement within the Union.
Commission Implementing Decision EU 2022/1949: A decision establishing the equivalence of COVID-19 certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau.
New Zealand: The country issuing COVID-19 certificates recognized as equivalent in respect of the Cook Islands, Niue and Tokelau.
29.6.2023 EN Official Journal of the European Union L 164/55
DECISION OF THE EEA JOINT COMMITTEE No 321/2022
of 9 December 2022
amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA
Agreement [2023/1263]
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 Implementing Decision (EU) 2022/1948 of 13 October 2022 establishing the equivalence, for the
purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the
Federative Republic of Brazil to the certificates issued in accordance with Regulation (EU) 2021/953 of the
European Parliament and of the Council(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Decision (EU) 2022/1949 of 13 October 2022 establishing the equivalence, for the
purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by New
Zealand in respect of the Cook Islands, Niue and Tokelau to the certificates issued in accordance with Regulation
(EU) 2021/953 of the European Parliament and of the Council(2)is to be incorporated into the EEA Agreement.
(3) Annexes V and VIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 10zt (Commission Implementing Decision (EU) 2022/1340) of Annex V to
the EEA Agreement:
‘10zu. 32022 D 1948: Commission Implementing Decision (EU) 2022/1948 of 13 October 2022 establishing the
equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates
issued by the Federative Republic of Brazil to the certificates issued in accordance with Regulation (EU) 2021/953
of the European Parliament and of the Council (OJ L 268, 14.10.2022, p. 43).
10zv. 32022 D 1949: Commission Implementing Decision (EU) 2022/1949 of 13 October 2022 establishing the
equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates
issued by New Zealand in respect of the Cook Islands, Niue and Tokelau to the certificates issued in accordance
with Regulation (EU) 2021/953 of the European Parliament and of the Council (OJ L 268, 14.10.2022, p. 46).’
Article 2
The following points are inserted after point 11zt (Commission Implementing Decision (EU) 2022/1340) of Annex VIII to
the EEA Agreement:
‘11zu. 32022 D 1948: Commission Implementing Decision (EU) 2022/1948 of 13 October 2022 establishing the
equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates
issued by the Federative Republic of Brazil to the certificates issued in accordance with Regulation (EU) 2021/953
of the European Parliament and of the Council (OJ L 268, 14.10.2022, p. 43).
(1) OJ L 268, 14.10.2022, p. 43.
(2) OJ L 268, 14.10.2022, p. 46.L 164/56 EN Official Journal of the European Union 29.6.2023
11zv. 32022 D 1949: Commission Implementing Decision (EU) 2022/1949 of 13 October 2022 establishing the
equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates
issued by New Zealand in respect of the Cook Islands, Niue and Tokelau to the certificates issued in accordance
with Regulation (EU) 2021/953 of the European Parliament and of the Council (OJ L 268, 14.10.2022, p. 46).’
Article 3
The texts of Implementing Decisions (EU) 2022/1948 and (EU) 2022/1949 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 4
This Decision shall enter into force on 10 December 2022, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made*.
Article 5
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, 9 December 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
* No constitutional requirements indicated.