Executive Summary:
EEA Joint Committee Decision No. 333/2022 amends Annex X (Services in general) to the EEA Agreement to incorporate Regulation (EU) 2018/1724, which establishes a single digital gateway. This decision, adopted on December 9, 2022, entered into force on December 10, 2022, following notification under Article 103(1) of the EEA Agreement. The text of Regulation EU 2018/1724 in Icelandic and Norwegian languages will be published in the EEA Supplement to the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment to Annex X:**
* Regulation (EU) 2018/1724 is added to point 3 of Regulation (EU) No 1024/2012 within Annex X of the EEA Agreement.
* **Adaptations to Regulation (EU) No 1024/2012:**
* References to "Union law" are to be read as references to the "EEA Agreement."
* The "EFTA Surveillance Authority" is to be inserted after the word "Commission" in specific instances within Articles 5 and 94.
* **Adaptations to Regulation (EU) 2018/1724:**
* References to Union law shall be understood as references to the EEA Agreement.
* Article 262 TFEU shall read Article 12a to d of the EEA Agreement.
* Regarding EFTA States, the Commission shall activate links mentioned in Article 53(1) upon request by the EFTA Surveillance Authority.
* The EFTA Surveillance Authority is to be inserted after the word Commission in Article 64.
* Regarding EFTA States, the Commission shall activate links mentioned in Article 74(3) upon request by the EFTA Surveillance Authority.
* Regarding EFTA States, the Commission shall temporarily disconnect services as outlined in Article 17(2)(d) or 17(3) upon request by the EFTA Surveillance Authority.
* The EFTA Surveillance Authority is to be inserted after the word Commission in Articles 25(3) and 25(4).
* A representative of the EFTA Surveillance Authority shall be inserted after the words Member State in Article 29.
* In Annex I, regarding the EFTA States, "Union Customs Code" is replaced by "relevant legislation".
Impact Analysis:
European Commission:
* Impact: The Commission is required to activate/disconnect certain links and services upon request from the EFTA Surveillance Authority and ensure Union law references are adapted to align with the EEA Agreement.
* Action Required: Implement the adaptations specified in the Decision, particularly regarding the activation/deactivation of links and services for EFTA States upon request and updating references to Union law.
EFTA Surveillance Authority:
* Impact: The Authority gains the power to request the activation/deactivation of certain links and services from the Commission, ensuring the proper functioning of the single digital gateway within the EFTA States.
* Action Required: Monitor the implementation of Regulation (EU) 2018/1724 within the EFTA States, and when necessary, request the Commission to activate or disconnect relevant links and services.
EFTA States:
* Impact: EFTA States are subject to the provisions of Regulation (EU) 2018/1724, adapted to the EEA Agreement.
* Action Required: Implement the necessary changes to comply with Regulation (EU) 2018/1724, including adapting relevant legislation and ensuring access to the single digital gateway.
Citizens and Businesses in the EEA:
* Impact: Citizens and businesses will benefit from a single digital gateway providing access to information, procedures, and assistance services across the EEA.
* Action Required: Utilize the single digital gateway to access information and services relevant to their needs.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Regulation EU 2018/1724: Regulation of the European Parliament and of the Council establishing a single digital gateway.
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: A legislative body of the European Union comprising ministers from member states.
Regulation EU No 1024/2012: A regulation that is amended by Regulation EU 2018/1724.
EFTA Surveillance Authority: An organization that monitors the implementation of the EEA Agreement in the EFTA States.
Brussels: The city where the EEA Joint Committee decision was made.
29.6.2023 EN Official Journal of the European Union L 164/75
DECISION OF THE EEA JOINT COMMITTEE No 333/2022
of 9 December 2022
amending Annex X (Services in general) to the EEA Agreement [2023/1275]
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) 2018/1724 of the European Parliament and of the Council of 2 October 2018establishing a single
digital gateway to provide access to information, to procedures and to assistance and problem-solving services and
amending Regulation (EU) No 1024/2012(1)is to be incorporated into the EEA Agreement.
(2) Annex X to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex X to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 3 (Regulation (EU) No 1024/2012 of the European Parliament and of the
Council):
‘- 32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018
(OJ L 295, 21.11.2018, p. 1).’
2. In point 3 (Regulation (EU) No 1024/2012 of the European Parliament and of the Council), the following adaptations
are inserted after adaptation (b):
‘(c) In the second paragraph of Article 5:
(i) in point (b), the words “Union law” shall read “the EEA Agreement”;
(ii) in point (g), the words “, the EFTA Surveillance Authority” shall be inserted after the word “Commission”.
(d) In Article 9(4), the words “, the EFTA Surveillance Authority” shall be inserted after the word “Commission”.’
3. The following is inserted after point 4 (Regulation (EU) 2018/302 of the European Parliament and of the Council):
‘5. 32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018
establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-
solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) References to Union law shall be understood as references to the EEA Agreement.
(b) In Article 1(1), the words “Article 26(2) TFEU” shall read “Article 1(2)(a) to (d) of the EEA Agreement”.
(c) In Article 5(3), the following subparagraph shall be added:
“As regards the EFTA States, the Commission shall activate the links referred to in paragraph 1 upon request by the
EFTA Surveillance Authority.”
(d) In Article 6(4), the words “, the EFTA Surveillance Authority” shall be inserted after the words “the
Commission”.
(1) OJ L 295, 21.11.2018, p. 1.L 164/76 EN Official Journal of the European Union 29.6.2023
(e) In Article 7(4), the following subparagraph shall be added:
“As regards the EFTA States, the Commission shall activate the links referred to in paragraph 3 upon request by the
EFTA Surveillance Authority.”
(f) In Article 17, the following paragraph shall be added:
“4. As regards the EFTA States, the Commission shall temporarily disconnect the information, the procedure,
or the assistance or problem-solving service pursuant to point (d) of paragraph 2 or disconnect an assistance or
problem-solving service pursuant to paragraph 3 upon request by the EFTA Surveillance Authority.”
(g) In Article 25(3) and (4), the words “, the EFTA Surveillance Authority” shall be inserted after the word
“Commission”.
(h) In Article 29, the words “and a representative of the EFTA Surveillance Authority” shall be inserted after the
words “Member State”.
(i) In Annex I, as regards the EFTA States, the words “Union Customs Code” shall be replaced by the words
“relevant legislation”.’
Article 2
The text of Regulation (EU) 2018/1724 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 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
* Constitutional requirements indicated.29.6.2023 EN Official Journal of the European Union L 164/77
Joint Declaration by the Contracting Parties
to Decision No 333/2022 incorporating Regulation (EU) 2018/1724 of the European Parliament and
of the Council into the Agreement
‘Some of the areas referred to in Annex I to Regulation (EU) 2018/1724 and some of the procedures referred to in Annex II
to Regulation (EU) 2018/1724 fall outside the scope of the EEA Agreement. The incorporation of this Regulation is without
prejudice to the scope of the EEA Agreement.’