Decision No 327/2023 of the EEA Joint Committee amends Annex XIII (Transport) to the EEA Agreement to incorporate Regulation (EU) No 100/2013, which amends Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency.
Key Changes
Regulation (EU) No 100/2013 is added to the list of regulations incorporated into the EEA Agreement under point 56o of Annex XIII.
Adaptations are made to Article 2 of Regulation (EC) No 1406/2002, including inserting 'and Article 2a' after 'Article 2'.
Article 3 of Regulation (EC) No 1406/2002 is amended to include provisions for the Agency to assist the EFTA Surveillance Authority or the Standing Committee in tasks related to recognised organisations and training/qualifications for seafarers in third countries, and for the Agency to send reports to the EFTA Surveillance Authority when visits or inspections are carried out in an EFTA State.
Article 6 of Regulation (EC) No 1406/2002 is amended to allow nationals of EFTA States to be engaged under contract by the Executive Director of the Agency and to consider the languages referred to in Article 129(1) of the EEA Agreement as languages of the Union.
Article 7 of Regulation (EC) No 1406/2002 is amended to grant privileges and immunities to the Agency and its staff equivalent to those contained in the Protocol on Privileges and Immunities of the European Union.
Article 10(2)(b) of Regulation (EC) No 1406/2002 is amended to include 'the EFTA Surveillance Authority'.
Article 11 of Regulation (EC) No 1406/2002 is amended to include provisions for the EFTA Surveillance Authority to have a representative on the Administrative Board (without the right to vote) and to appoint a member and alternate to the Board. The EFTA States shall participate fully in the Administrative Board and shall within it have the same rights and obligations as EU Member States, except for the right to vote.
Oil and gas installations not falling within the territorial scope of the EEA Agreement are excluded from certain provisions related to marine pollution.
Liechtenstein will not participate in the European Maritime Safety Agency or contribute financially to its operation.
The decision enters into force on 9 December 2023, provided all notifications under Article 103(1) of the EEA Agreement have been made.
Impact Analysis
EFTA States
Action Item: EFTA States need to ensure appropriate representation on the EMSA Administrative Board and coordinate with the EFTA Surveillance Authority on related activities.
European Maritime Safety Agency (EMSA)
Action Item: EMSA needs to update its procedures and policies to reflect the increased involvement of EFTA States and the EFTA Surveillance Authority.
Liechtenstein
Action Item: No specific action is required for Liechtenstein as it is explicitly excluded.
EU Member States
Action Item: No immediate action is required, but EU Member States should be aware of the increased involvement of EFTA States in EMSA.
Key Entities Referenced
Official Journal of the European Union: The official gazette of the European Union, where EU legislation and other official documents are published.
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, which extends the EU's single market to Iceland, Liechtenstein, and Norway.
Regulation (EU) No 100/2013: Regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency.
Regulation (EC) No 1406/2002: Regulation establishing the European Maritime Safety Agency (EMSA).
European Maritime Safety Agency (EMSA): An agency of the European Union responsible for maritime safety.
EFTA Surveillance Authority: The body responsible for monitoring compliance with EEA rules in Iceland, Liechtenstein, and Norway.
EFTA States: Iceland, Liechtenstein, and Norway.
Liechtenstein: One of the EFTA States, specifically excluded from participation in EMSA.
Protocol on Privileges and Immunities of the European Union: A protocol that defines the privileges and immunities granted to the EU and its staff.
Official Journal EN
of the European Union L series
2024/1423 13.6.2024
DECISION OF THE EEA JOINT COMMITTEE No 327/2023
of 8 December 2023
amending Annex XIII (Transport) to the EEA Agreement [2024/1423]
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) Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 amending
Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency(1) is to be incorporated into the
EEA Agreement.
(2) Annex XIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Point 56o (Regulation (EC) No 1406/2002 of the European Parliament and of the Council) of Annex XIII to the EEA
Agreement shall be amended as follows:
1. The following indent is added:
‘— 32013 R 0100: Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January
2013(OJ L 39, 9.2.2013, p. 30).’
2. In adaptation (b), the words “and Article 2a” shall be inserted after the words “Article 2”.
3. The text of adaptation (c) is replaced by the following:
‘Article 3 shall be amended as follows:
(i) in paragraph 3, the following shall be added: “The Agency shall assist the EFTA Surveillance Authority or the
Standing Committee, as necessary, in the performance of its tasks related to recognised organisations and
training and qualifications for seafarers in third countries in accordance with the EEA Agreement.”;
(ii) in paragraph 4, the following shall be added: “When the visit or an inspection has been carried out in an
EFTA State on behalf of the EFTA Surveillance Authority, the Agency shall send the report to the EFTA
Surveillance Authority and the EFTA State concerned.”;
(iii) in paragraph 5, the following shall be added: “The EFTA Surveillance Authority shall also receive the
Agency’s analysis.”.’
4. The text of adaptation (e) is replaced by the following:
‘The following paragraph shall be added to Article 6:
“4. By way of derogation from Articles 12(2)(a) and 82(3)(a) of the Conditions of Employment of Other Servants,
nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the
Executive Director of the Agency.
By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other
Servants, the languages referred to in Article 129(1) of the EEA Agreement shall be considered by the
Agency, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on
European Union.”.’
(1) OJ L 39, 9.2.2013, p. 30.
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5. The text of adaptation (f) is replaced by the following:
‘The following paragraph shall be added to Article 7:
“The EFTA States shall grant privileges and immunities to the Agency and its staff equivalent to those contained in
the Protocol on Privileges and Immunities of the European Union.”.’
6. The text of adaptation (g) is replaced by the following:
‘In Article 10(2)(b), the words “the EFTA Surveillance Authority,” shall be inserted after the words “the
Commission,”.’
7. The text of adaptation (h) shall be replaced by the following:
‘Article 11 shall be amended as follows:
(i) the following shall be added to paragraph 1:
“The EFTA Surveillance Authority shall have one representative on the Administrative Board, without the
right to vote.”;
(ii) the following shall be added to paragraph 2:
“The EFTA Surveillance Authority shall appoint a member of the Administrative Board as well as an alternate
who will represent the member in his/her absence.”;
(iii) the following paragraph shall be added:
“5. The EFTA States shall participate fully in the Administrative Board and shall within it have the same
rights and obligations as EU Member States, except for the right to vote.’.”
8. In adaptation (i), the number “7.” is replaced by the number “12.”.
9. Adaptation (b) is renumbered as adaptation (c), adaptations (c), (d), (e), (f), (g), (h), (i) and (j) are renumbered as
adaptations (f), (g), (h), (i), (j), (k), (l) and (m) respectively.
10. The following adaptations are inserted:
‘(b) In Article 1(1) the words “as well as response to marine pollution caused by oil and gas installations” shall not
apply to the EFTA States, to the extent the oil and gas installations are not falling in the territorial scope of the
EEA Agreement.’
‘(d) In Articles 2(3)(d) and 2(5) the words “as well as marine pollution caused by oil and gas installations” shall not
apply to the EFTA States, to the extent the oil and gas installations are not falling in the territorial scope of the
EEA Agreement.’
‘(e) Articles 2(4)(g) and 2a(2)(e) shall not apply to the EFTA States, to the extent the oil and gas installations are not
falling in the territorial scope of the EEA Agreement.’
‘(n) In Article 10(2)(c), the words “and the EFTA Surveillance Authority,” shall be inserted after the word
“Commission”.’
‘(o) This Regulation shall not apply to Liechtenstein. Consequently, Liechtenstein will not participate in the
European Maritime Safety Agency or contribute financially to its operation.’
Article 2
The text of Regulation (EU) No 100/2013 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 December 2023, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made(*).
(*) No constitutional requirements indicated.
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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 December 2023.
For the EEA Joint Committee
The President
Pascal SCHAFHAUSER
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Joint Declaration by the Contracting Parties
to Decision No 327/2023 incorporating Regulation (EU) No 100/2013 of the European Parliament
and of the Council into the Agreement
The parties acknowledge that the incorporation of this act is without prejudice to the direct application of Protocol 7 on the
privileges and immunities of the European Union to the nationals of EFTA States in the territory of each Member State of
the European Union, pursuant to Article 11 of that Protocol.
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