DECISION OF THE EEA JOINT COMMITTEE No 76/2022

of 18 March 2022

amending Annex IX (Financial services) to the EEA Agreement [2022/1144]

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) 2019/2160 of the European Parliament and of the Council of 27 November 2019 amending Regulation (EU) No 575/2013 as regards exposures in the form of covered bonds ( 1 ) is to be incorporated into the EEA Agreement.

(2) Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on the issue of covered bonds and covered bond public supervision and amending Directives 2009/65/EC and 2014/59/EU ( 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 14a (Regulation (EU) No 575/2013 of the European Parliament and of the Council):

‘—

32019 R 2160 : Regulation (EU) 2019/2160 of the European Parliament and of the Council of 27 November 2019 ( OJ L 328, 18.12.2019, p. 1 ).’

(2) The following is inserted after point 14azza (Commission Implementing Regulation (EU) 2021/763):

‘14azzb.

32019 R 2160 : Regulation (EU) 2019/2160 of the European Parliament and of the Council of 27 November 2019 amending Regulation (EU) No 575/2013 as regards exposures in the form of covered bonds ( OJ L 328, 18.12.2019, p. 1 ).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

In Article 2, as regards the EFTA States:

(i) the following shall be inserted after the word “ Union ”:

“or on a date designated under national law no later than 8 January 2023”;

(ii) the following shall be inserted after the words “8 July 2022”:

“or from a date designated under national law no later than six months thereafter”’.

(3) The following indent is added in point 19b (Directive 2014/59/EU of the European Parliament and of the Council):

‘—

32019 L 2162 : Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 ( OJ L 328, 18.12.2019, p. 29 ).’

(4) Point 30 (Directive 2009/65/EC of the European Parliament and of the Council) is amended as follows:

(i) the following indent is added:

‘—

32019 L 2162 : Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 ( OJ L 328, 18.12.2019, p. 29 ).’

(ii) the following adaptation is inserted after adaptation (g):

‘(h)

In Article 52(4), as regards the EFTA States, the words “8 July 2022” shall read “the date referred to in the second subparagraph of Article 32(1) of Directive (EU) 2019/2162”.’

(5) The following is inserted after point 31bi (Regulation (EU) 2019/1156 of the European Parliament and of the Council):

‘31bj.

32019 L 2162 : Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on the issue of covered bonds and covered bond public supervision and amending Directives 2009/65/EC and 2014/59/EU ( OJ L 328, 18.12.2019, p. 29 ).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) As regards the EFTA States, the words “Union legal acts” in Article 16(4) and the words “Union law” in Article 25(1) shall read “provisions of the EEA Agreement”.

(b) In Article 30, as regards the EFTA States, the words “8 July 2022” shall read “the date referred to in the second subparagraph of Article 32(1)”.

“1.

The EFTA States shall adopt and publish, by 8 January 2023, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the EFTA Surveillance Authority thereof.

They shall apply those measures at the latest from 8 July 2022 or from a date designated under national law no later than six months thereafter.”.’

Article 2

The texts of Regulation (EU) 2019/2160 and Directive (EU) 2019/2162 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 the day following the last notification under Article 103(1) of the EEA Agreement ( * ) .

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, 18 March 2022.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 328, 18.12.2019, p. 1 .

( 2 ) OJ L 328, 18.12.2019, p. 29 .

( * ) Constitutional requirements indicated.