**Policy Summary:**
EEA Joint Committee Decision No. 98/2023, dated April 28, 2023, amends Annex IX (Financial Services) to the Agreement on the European Economic Area (EEA). The decision incorporates Commission Implementing Regulation (EU) 2020/1406 into the EEA Agreement. This regulation lays down implementing technical standards regarding procedures and forms for the exchange of information and cooperation between competent authorities, ESMA (European Securities and Markets Authority), the Commission, and other entities, as outlined in Articles 24(2) and 25 of Regulation (EU) No 596/2014 on market abuse. Article 1 of the Decision inserts point "29as" after point "29ar" in Annex IX, referencing Regulation (EU) 2020/1406 (OJ L 325, 7.10.2020, p. 7) with specific adaptations for the EEA Agreement, namely the inclusion of "or, as the case may be, the EFTA Surveillance Authority" after the word "ESMA" in Articles 1a, 1d, and 11 of the regulation. The Icelandic and Norwegian language texts of Implementing Regulation (EU) 2020/1406 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 April 29, 2023, following the completion of notifications under Article 103(1) of the EEA Agreement. The Decision will be published in the EEA Section of, and in 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
Commission Implementing Regulation EU 2020/1406: A regulation laying down implementing technical standards for information exchange and cooperation between authorities, ESMA and the Commission related to market abuse.
Regulation EU No 596/2014: Regulation of the European Parliament and of the Council on market abuse.
Annex IX: Annex IX Financial services to the EEA Agreement
ESMA: European Securities and Markets Authority
EFTA Surveillance Authority: Supervisory body of the European Free Trade Association
Brussels: Location where the decision was made.
Official Journal EN
of the European Union L series
2023/2252 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 98/2023
of 28 April 2023
amending Annex IX (Financial services) to the EEA Agreement [2023/2252]
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 Regulation (EU) 2020/1406 of 2 October 2020 laying down implementing technical
standards with regard to procedures and forms for exchange of information and cooperation between competent
authorities, ESMA, the Commission and other entities under Articles 24(2) and 25 of Regulation (EU) No 596/2014
of the European Parliament and of the Council on market abuse(1)is to be incorporated into the EEA Agreement.
(2) Annex IX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 29ar (Commission Implementing Regulation (EU) 2018/292) of Annex IX to the EEA
Agreement:
‘29as. 32020 R 1406: Commission Implementing Regulation (EU) 2020/1406 of 2 October 2020 laying down
implementing technical standards with regard to procedures and forms for exchange of information and
cooperation between competent authorities, ESMA, the Commission and other entities under Articles 24(2) and 25
of Regulation (EU) No 596/2014 of the European Parliament and of the Council on market abuse (OJ L 325,
7.10.2020, p. 7).
The provisions of the Implementing Regulation shall, for the purposes of this Agreement, be read with the following
adaptation:
In Articles 1(a) and (d) and 11, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after
the word “ESMA”.’
Article 2
The text of Implementing Regulation (EU) 2020/1406 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 29 April 2023, 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.
(1) OJ L 325, 7.10.2020, p. 7.
* No constitutional requirements indicated.
ELI: http://data.europa.eu/eli/dec/2023/2252/oj 1/2EN
OJ L, 9.11.2023
Done at Brussels, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
2/2 ELI: http://data.europa.eu/eli/dec/2023/2252/oj