2024/2431

3.10.2024

DECISION OF THE EEA JOINT COMMITTEE No 146/2024

of 12 June 2024

amending Annex IX (Financial services) to the EEA Agreement [2024/2431]

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 Delegated Regulation (EU) 2019/885 of 5 February 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying information to be provided to a competent authority in an application for authorisation of a third party assessing STS compliance ( 1 ) is to be incorporated into the EEA Agreement.

(2) Commission Delegated Regulation (EU) 2019/1851 of 28 May 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the homogeneity of the underlying exposures in securitisation ( 2 ) is to be incorporated into the EEA Agreement.

(3) Commission Delegated Regulation (EU) 2020/447 of 16 December 2019 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the specification of criteria for establishing the arrangements to adequately mitigate counterparty credit risk associated with covered bonds and securitisations, and amending Delegated Regulations (EU) 2015/2205 and (EU) 2016/1178 ( 3 ) is to be incorporated into the EEA Agreement.

(4) Commission Delegated Regulation (EU) 2020/448 of 17 December 2019 amending Delegated Regulation (EU) 2016/2251 as regards the specification of the treatment of OTC derivatives in connection with certain simple, transparent and standardised securitisations for hedging purposes ( 4 ) is to be incorporated into the EEA Agreement.

(5) Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information and the details of a securitisation to be made available by the originator, sponsor and SSPE ( 5 ) is to be incorporated into the EEA Agreement.

(6) Commission Delegated Regulation (EU) 2020/1226 of 12 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council and laying down regulatory technical standards specifying the information to be provided in accordance with the STS notification requirements ( 6 ) is to be incorporated into the EEA Agreement.

(7) Commission Delegated Regulation (EU) 2020/1229 of 29 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on securitisation repository operational standards for data collection, aggregation, comparison, access and verification of completeness and consistency ( 7 ) is to be incorporated into the EEA Agreement.

(8) Commission Delegated Regulation (EU) 2020/1230 of 29 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the details of the application for registration of a securitisation repository and the details of the simplified application for an extension of registration of a trade repository ( 8 ) is to be incorporated into the EEA Agreement.

(9) Commission Delegated Regulation (EU) 2020/1732 of 18 September 2020 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to securitisation repositories ( 9 ) is to be incorporated into the EEA Agreement.

(10) Commission Delegated Regulation (EU) 2021/1415 of 5 May 2021 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the cooperation, exchange of information and notification obligations between competent authorities and ESMA, the EBA and EIOPA ( 10 ) is to be incorporated into the EEA Agreement.

(11) Commission Delegated Regulation (EU) 2023/2175 of 7 July 2023 on supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying in greater detail the risk retention requirements for originators, sponsors, original lenders, and servicers ( 11 ) is to be incorporated into the EEA Agreement.

(12) Commission Implementing Regulation (EU) 2020/1225 of 29 October 2019 laying down implementing technical standards with regard to the format and standardised templates for making available the information and details of a securitisation by the originator, sponsor and SSPE ( 12 ) is to be incorporated into the EEA Agreement.

(13) Commission Implementing Regulation (EU) 2020/1227 of 12 November 2019 laying down implementing technical standards with regard to templates for the provision of information in accordance with the STS notification requirements ( 13 ) is to be incorporated into the EEA Agreement.

(14) Commission Implementing Regulation (EU) 2020/1228 of 29 November 2019 laying down implementing technical standards with regard to the format of applications for registration as a securitisation repository or for extension of a registration of a trade repository pursuant to Regulation (EU) 2017/2402 of the European Parliament and of the Council ( 14 ) is to be incorporated into the EEA Agreement.

(15) Commission Implementing Regulation (EU) 2022/1929 of 31 March 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2020/1227 as regards the templates for the provision of information in accordance with the STS notification requirements for on-balance-sheet synthetic securitisations ( 15 ) is to be incorporated into the EEA Agreement.

(16) Annex IX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex IX to the EEA Agreement is amended as follows:

The following indent is added in points 31bcp (Commission Delegated Regulation (EU) 2015/2205) and 31bcr (Commission Delegated Regulation (EU) 2016/1178):

‘—

32020 R 0447 : Commission Delegated Regulation (EU) 2020/447 of 16 December 2019 ( OJ L 94, 27.3.2020, p. 5 ).’

The following indent is added in point 31bcs (Commission Delegated Regulation (EU) 2016/2251):

‘—

32020 R 0448 : Commission Delegated Regulation (EU) 2020/448 of 17 December 2019 ( OJ L 94, 27.3.2020, p. 8 ).’

The following point is inserted after point 31bcs (Commission Delegated Regulation (EU) 2016/2251):

‘31bct.

32020 R 0447 : Commission Delegated Regulation (EU) 2020/447 of 16 December 2019 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the specification of criteria for establishing the arrangements to adequately mitigate counterparty credit risk associated with covered bonds and securitisations, and amending Delegated Regulations (EU) 2015/2205 and (EU) 2016/1178 ( OJ L 94, 27.3.2020, p. 5 ).’

The following is inserted after point 31bk (Regulation (EU) 2017/2402 of the European Parliament and of the Council):

‘31bka.

32019 R 0885 : Commission Delegated Regulation (EU) 2019/885 of 5 February 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying information to be provided to a competent authority in an application for authorisation of a third party assessing STS compliance ( OJ L 142, 29.5.2019, p. 1 ).

31bkb.

32019 R 1851 : Commission Delegated Regulation (EU) 2019/1851 of 28 May 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the homogeneity of the underlying exposures in securitisation ( OJ L 285, 6.11.2019, p. 1 ).

31bkc.

32020 R 1224 : Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information and the details of a securitisation to be made available by the originator, sponsor and SSPE ( OJ L 289, 3.9.2020, p. 1 ).

31bkd.

32020 R 1225 : Commission Implementing Regulation (EU) 2020/1225 of 29 October 2019 laying down implementing technical standards with regard to the format and standardised templates for making available the information and details of a securitisation by the originator, sponsor and SSPE ( OJ L 289, 3.9.2020, p. 217 ).

31bke.

32020 R 1226 : Commission Delegated Regulation (EU) 2020/1226 of 12 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council and laying down regulatory technical standards specifying the information to be provided in accordance with the STS notification requirements ( OJ L 289, 3.9.2020, p. 285 ).

31bkf.

32020 R 1227 : Commission Implementing Regulation (EU) 2020/1227 of 12 November 2019 laying down implementing technical standards with regard to templates for the provision of information in accordance with the STS notification requirements ( OJ L 289, 3.9.2020, p. 315 ), as amended by:

— 32022 R 1929 : Commission Implementing Regulation (EU) 2022/1929 of 31 March 2022 ( OJ L 266, 13.10.2022, p. 1 ).

31bkg.

32020 R 1228 : Commission Implementing Regulation (EU) 2020/1228 of 29 November 2019 laying down implementing technical standards with regard to the format of applications for registration as a securitisation repository or for extension of a registration of a trade repository pursuant to Regulation (EU) 2017/2402 of the European Parliament and of the Council ( OJ L 289, 3.9.2020, p. 330 ).

31bkh.

32020 R 1229 : Commission Delegated Regulation (EU) 2020/1229 of 29 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on securitisation repository operational standards for data collection, aggregation, comparison, access and verification of completeness and consistency ( OJ L 289, 3.9.2020, p. 335 ).

31bki.

32020 R 1230 : Commission Delegated Regulation (EU) 2020/1230 of 29 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the details of the application for registration of a securitisation repository and the details of the simplified application for an extension of registration of a trade repository ( OJ L 289, 3.9.2020, p. 345 ).

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

In Articles 2(3), 28(1) and 29(2), the words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “ESMA”.

31bkj.

32020 R 1732 : Commission Delegated Regulation (EU) 2020/1732 of 18 September 2020 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to securitisation repositories ( OJ L 390, 20.11.2020, p. 1 ).

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

(a) In Articles 2(5), 6(2) and (3) and 7(2), the words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “ESMA”.

(b) In Article 8:

(i) in paragraph 1, the words “or, as regards securitisation repositories established in the EFTA States, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;

(ii) in paragraph 2, the words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “ESMA”.

31bkk.

32021 R 1415 : Commission Delegated Regulation (EU) 2021/1415 of 5 May 2021 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the cooperation, exchange of information and notification obligations between competent authorities and ESMA, the EBA and EIOPA ( OJ L 304I, 30.8.2021, p. 1 ).

31bkl.

32023 R 2175 : Commission Delegated Regulation (EU) 2023/2175 of 7 July 2023 on supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying in greater detail the risk retention requirements for originators, sponsors, original lenders, and servicers ( OJ L, 2023/2175, 18.10.2023 ).’

Article 2

The texts of Delegated Regulations (EU) 2019/885, (EU) 2019/1851, (EU) 2020/447, (EU) 2020/448, (EU) 2020/1224, (EU) 2020/1226, (EU) 2020/1229, (EU) 2020/1230, (EU) 2020/1732, (EU) 2021/1415 and (EU) 2023/2175 and Implementing Regulations (EU) 2020/1225, (EU) 2020/1227, (EU) 2020/1228 and (EU) 2022/1929 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 13 June 2024, provided that all the notifications under Article 103(1) of the EEA Agreement have been made ( *1 ) , or on the day of the entry into force of Decision of the EEA Joint Committee No 145/2024 of 12 June 2024 ( 16 ) , whichever is the later.

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, 12 June 2024.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 142, 29.5.2019, p. 1 .

( 2 ) OJ L 285, 6.11.2019, p. 1 .

( 3 ) OJ L 94, 27.3.2020, p. 5 .

( 4 ) OJ L 94, 27.3.2020, p. 8 .

( 5 ) OJ L 289, 3.9.2020, p. 1 .

( 6 ) OJ L 289, 3.9.2020, p. 285 .

( 7 ) OJ L 289, 3.9.2020, p. 335 .

( 8 ) OJ L 289, 3.9.2020, p. 345 .

( 9 ) OJ L 390, 20.11.2020, p. 1 .

( 10 ) OJ L 304I , 30.8.2021, p. 1 .

( 11 ) OJ L, 2023/2175, 18.10.2023 .

( 12 ) OJ L 289, 3.9.2020, p. 217 .

( 13 ) OJ L 289, 3.9.2020, p. 315 .

( 14 ) OJ L 289, 3.9.2020, p. 330 .

( 15 ) OJ L 266, 13.10.2022, p. 1 .

( *1 ) No constitutional requirements indicated.

( 16 ) OJ L, 2024/2433, 3.10.2024 .

ELI: http://data.europa.eu/eli/dec/2024/2431/oj

ISSN 1977-0677 (electronic edition)