**Summary:**
EEA Joint Committee Decision No. 331/2022, adopted on December 9, 2022, amends Annex IX (Financial Services) to the Agreement on the European Economic Area (EEA). This decision incorporates two Commission Delegated Regulations into the EEA Agreement:
1. **Commission Delegated Regulation (EU) 2022/2310 of October 18, 2022:** This regulation amends the regulatory technical standards laid down in Delegated Regulation (EU) No 149/2013 concerning the clearing threshold for positions held in OTC commodity derivative contracts and other OTC derivative contracts (OJ L 307, 28.11.2022, p. 29).
2. **Commission Delegated Regulation (EU) 2022/2311 of October 21, 2022:** This regulation amends the regulatory technical standards laid down in Delegated Regulation (EU) No 153/2013 regarding temporary emergency measures on collateral requirements (OJ L 307, 28.11.2022, p. 31). It also includes an adaptation specifying that in Article 62, references to "transactions on derivatives, as referred to in Article 24, points b and d, of Regulation (EU) No 1227/2011" are replaced by "transactions on derivatives relating to electricity or natural gas produced, traded or delivered in the EEA or on derivatives relating to the transportation of electricity or natural gas in the EEA."
The Icelandic and Norwegian language texts of Regulations (EU) 2022/2310 and 2022/2311 will be published in the EEA Supplement to the Official Journal of the European Union and are considered authentic.
The decision entered into force on December 10, 2022, contingent upon completion of notifications under Article 103(1) of the EEA Agreement. The decision will be published in the EEA Section of, and the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area
Annex IX Financial services to the EEA Agreement: The specific annex of the EEA Agreement being amended, pertaining to financial services.
Commission Delegated Regulation EU 2022/2310: A regulatory act amending technical standards regarding the clearing threshold for OTC commodity derivative contracts.
Commission Delegated Regulation EU No 149/2013: A regulatory act laying down regulatory technical standards as regards the value of the clearing threshold for positions held in OTC commodity derivative contracts and other OTC derivative contracts
Commission Delegated Regulation EU 2022/2311: A regulatory act amending technical standards regarding temporary emergency measures on collateral requirements.
Commission Delegated Regulation EU No 153/2013: A regulatory act laying down regulatory technical standards as regards temporary emergency measures on collateral requirements
Regulation EU No 1227/2011: Regulation on wholesale energy market integrity and transparency.
29.6.2023 EN Official Journal of the European Union L 164/71
DECISION OF THE EEA JOINT COMMITTEE No 331/2022
of 9 December 2022
amending Annex IX (Financial services) to the EEA Agreement [2023/1273]
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) 2022/2310 of 18 October 2022 amending the regulatory technical
standards laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for
positions held in OTC commodity derivative contracts and other OTC derivative contracts(1)is to be incorporated
into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2022/2311 of 21 October 2022 amending the regulatory technical
standards laid down in Delegated Regulation (EU) No 153/2013 as regards temporary emergency measures on
collateral requirements(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
Annex IX to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 31bcf (Commission Delegated Regulation (EU) No 149/2013):
‘- 32022 R 2310: Commission Delegated Regulation (EU) 2022/2310 of 18 October 2022 (OJ L 307, 28.11.2022,
p. 29).’
2. Point 31bcj (Commission Delegated Regulation (EU) No 153/2013) is amended as follows:
(i) the following indent is added:
‘- 32022 R 2311: Commission Delegated Regulation (EU) 2022/2311 of 21 October 2022 (OJ L 307,
28.11.2022, p. 31).’
(ii) the adaptation is renumbered as adaptation (a).
(iii) the following adaptation is inserted:
‘(b) In Article 62, the words “transactions on derivatives, as referred to in Article 2(4), points (b) and (d), of
Regulation (EU) No 1227/2011” shall be replaced by the words “transactions on derivatives relating to
electricity or natural gas produced, traded or delivered in the EEA or on derivatives relating to the
transportation of electricity or natural gas in the EEA”.’
Article 2
The texts of Delegated Regulations (EU) 2022/2310 and (EU) 2022/2311 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 307, 28.11.2022, p. 29.
(2) OJ L 307, 28.11.2022, p. 31.L 164/72 EN Official Journal of the European Union 29.6.2023
Article 3
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 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, 9 December 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
* No constitutional requirements indicated.