# L_2008100EN.01009901.xml

| 10.4.2008 | EN | Official Journal of the European Union | L 100/99 |
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10.4.2008

EN

Official Journal of the European Union

L 100/99

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DECISION OF THE EEA JOINT COMMITTEE

No 147/2007

of 26 October 2007

amending Protocol 23 to the EEA Agreement concerning the cooperation between the surveillance authorities (Article 58)

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Protocol 23 to the Agreement was amended by Decision of the EEA Joint Committee No 178/2004 of 3 December 2004 (1). |
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(1)

Protocol 23 to the Agreement was amended by Decision of the EEA Joint Committee No 178/2004 of 3 December 2004 (1).

| (2) | In order to allow the EFTA Surveillance Authority and the EFTA States to participate in policy discussions within the European Competition Network involving the exchange of confidential information pursuant to Articles 81 and 82 of the EC Treaty, a legal framework is required to allow the exchange of confidential information not already covered by the Agreement. Therefore a new Article 1A should be incorporated into Protocol 23 to the Agreement, |
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(2)

In order to allow the EFTA Surveillance Authority and the EFTA States to participate in policy discussions within the European Competition Network involving the exchange of confidential information pursuant to Articles 81 and 82 of the EC Treaty, a legal framework is required to allow the exchange of confidential information not already covered by the Agreement. Therefore a new Article 1A should be incorporated into Protocol 23 to the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following Article shall be added after Article 1 of Protocol 23 to the Agreement:

‘Article 1A

In the interests of homogeneous interpretation by the EFTA Surveillance Authority and the EC Commission of Articles 53 and 54 of the Agreement and of Articles 81 and 82 of the Treaty, the EFTA Surveillance Authority and the competent authorities of the EFTA States may also be allowed to participate in meetings of the network of public authorities referred to in recital 15 of Council Regulation (EC) No 1/2003 for the purposes of discussion of general policy issues only. The EFTA Surveillance Authority, the EC Commission and the competent authorities of the EFTA states and of the EC Member States shall have the power to make available all information necessary for the purpose of such general policy discussion in that network. Information made available in this context shall not be used for enforcement purposes. This participation shall be without prejudice to rights of participation of the EFTA States and the EFTA Surveillance Authority granted under the EEA Agreement.’

Article 2

This Decision shall enter into force on 27 October 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*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, 26 October 2007.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

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(1)  
  OJ L 133, 26.5.2005, p. 35.

1

(*1)  No constitutional requirements indicated.

*1

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