DECISION OF THE EEA JOINT COMMITTEE No 270/2022

of 23 September 2022

amending Annex XXII (Company law) to the EEA Agreement [2023/799]

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) Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law ( 1 ) is to be incorporated into the EEA Agreement.

(2) Annex XXII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Point 1 (Directive (EU) 2017/1132 of the European Parliament and of the Council) of Annex XXII to the EEA Agreement is amended as follows:

The following is added:

‘, as amended by:

— 32019 L 1151 : Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 ( OJ L 186, 11.7.2019, p. 80 ).’

The following adaptations are inserted after adaptation (c):

‘(d)

As regards the EFTA States, Articles 13i, 13j(2) and 16(6) shall apply within two years of the date of entry into force of the Decision of the EEA Joint Committee No 270/2022 of 23 September 2022.

(e) EFTA States which encounter particular difficulties in transposing Directive (EU) 2019/1151 shall be entitled to delay the application of the Directive for up to one year after the date of entry into force of Decision of the EEA Joint Committee No 270/2022 of 23 September 2022. They shall provide objective reasons for the need for such extension. EFTA States shall notify the EFTA Surveillance Authority of their intention to avail of such an extension by the day after the date of entry into force of Decision of the EEA Joint Committee No 270/2022 of 23 September 2022.’

Article 2

The text of Directive (EU) 2019/1151 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 24 September 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, 23 September 2022.

For the EEA Joint Committee

The President

Kristján Andri STEFÁNSSON

( 1 ) OJ L 186, 11.7.2019, p. 80 .

( * ) Constitutional requirements indicated.