Decision of the EEA Joint Committee No 80/2003 of 20 June 2003 amending Annex XI (Telecommunication services) to the EEA Agreement
Date: 2003-06-20
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), data processing, electronic mail, personal data, protection of privacy

9.10.2003

EN

Official Journal of the European Union

L 257/31

DECISION OF THE EEA JOINT COMMITTEE

No 80/2003

of 20 June 2003

amending Annex XI (Telecommunication services) to the EEA Agreement

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)

(2)

(3)

Annex XI to the Agreement was amended by Decision of the EEA Joint Committee No 168/2002
of 6 December 2002 (1).

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications) (2) is to be incorporated into the
Agreement.

Directive 2002/58/EC repeals, with effect from 31 October 2003, Directive 97/66/EC of the
European Parliament and of the Council of 15 December 1997 (3), which is incorporated into the
Agreement and which is consequently to be repealed under the Agreement,

HAS DECIDED AS FOLLOWS:

Annex XI to the Agreement shall be amended as follows:

Article 1

1.

The following point shall be inserted after point 5h (Directive 2000/31/EC of the European
Parliament and of the Council):

‘5ha. 32002 L 0058: Directive 2002/58/EC of the European Parliament and of the Council of
12 July 2002 concerning the processing of personal data and the protection of privacy in the
electronic communications sector (Directive on privacy and electronic communications) (OJ
L 201, 31.7.2002, p. 37).

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

(a)

(b)

in Article 1(3), the words “the Treaty establishing the European Community” shall be
replaced with the words “EEA Agreement”;

in Article 15(1), the words “general principles of Community law, including those
referred to in Article 6(1) and (2) of the Treaty on European Union” shall be replaced
with the words “general principles of EEA law”.

(1) OJ L 38, 13.2.2003, p. 30.
(2) OJ L 201, 31.07.2002, p. 37.
(3) OJ L 24, 30.01.1998, p. 1.

L 257/32

EN

Official Journal of the European Union

9.10.2003

Procedures for the association of Liechtenstein, Iceland and Norway in accordance with
Article 101 of the Agreement:

The person appointed by each EFTA State to participate as observer in the meetings of the
working party on the protection of individuals with regard to the processing of personal data
may, under the same terms and conditions as set out in point 5e (Directive 95/46/EC of the
European Parliament and of the Council), also participate in the meetings when the working
party on the protection of individuals with regard to the processing of personal data carries
out the tasks laid down in Article 30 of Directive 95/46/EC of the European Parliament and
of the Council with regard to matters covered by this Directive, namely the protection of
fundamental rights and freedoms and of legitimate interests in the electronic communications
sector.’

2.

The text of point 5f (Directive 97/66/EC of the European Parliament and of the Council) shall be
deleted with effect from 31 October 2003.

Article 2

The texts of Directive 2002/58/EC 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 21 June 2003, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 4

Done at Brussels, 20 June 2003.

For the EEA Joint Committee

The President

P. WESTERLUND

(*) Constitutional requirements indicated.