DECISION OF THE EEA JOINT COMMITTEE No 308/2021

of 29 October 2021

amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement [2024/548]

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) Article 5(2) of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services ( 1 ) , which is incorporated into the EEA Agreement, was declared invalid with effect from 21 December 2012 by the Court of Justice of the European Union in its judgment of 1 March 2011 in Case C-236/09 ( 2 ) and consequently Article 5(2) should also be invalidated under the EEA Agreement.

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

HAS ADOPTED THIS DECISION:

Article 1

The text of point 21c (Council Directive 2004/113/EC) of Annex XVIII to the EEA Agreement is replaced by the following:

‘ 32004 L 0113 : Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services ( OJ L 373, 21.12.2004, p. 37 ).

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

(a) In Articles 5 and 17, the references to “21 December 2007” shall be read as “30 June 2010”.

(b) Article 5(2) shall not apply.’

Article 2

This Decision shall enter into force on 30 October 2021, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( *1 ) .

Article 3

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, 29 October 2021.

For the EEA Joint Committee

The President

Rolf Einar FIFE

( 1 ) OJ L 373, 21.12.2004, p. 37 .

( 2 ) OJ C 130, 30.4.2011, p. 4 .

( *1 ) Constitutional requirements indicated.

ELI: http://data.europa.eu/eli/dec/2024/548/oj

ISSN 1977-0677 (electronic edition)