Decision of the EEA Joint Committee No 178/2004 of 3 December 2004 amending Protocol 21 (On the implementation of competition rules applicable to undertakings) and Protocol 23 (Concerning the cooperation between the surveillance authorities) to the EEA Agreement
Date: 2004-12-03
Institutions: EEA Joint Committee
Subjects: competition law, disclosure of information, supervisory body

26.5.2005

EN

Official Journal of the European Union

L 133/35

DECISION OF THE EEA JOINT COMMITTEE

No 178/2004

of 3 December 2004

amending Protocol 21 (On the implementation of competition rules applicable to undertakings)
and Protocol 23 (Concerning the cooperation between the surveillance authorities) 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)

Protocol 21 to the Agreement was amended by Decision of the EEA Joint Committee No 130/2004
of 24 September 2004 (1).

Protocol 23 to the Agreement was amended by Decision of the EEA Joint Committee No 130/2004
of 24 September 2004.

(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings
by the Commission pursuant to Articles 81 and 82 of the EC Treaty (2) is to be incorporated into the
Agreement.

(4) Regulation (EC) No 773/2004 repeals Commission Regulations (EC) No 3385/94 (3),

(EC)
No 2842/98 (4) and (EC) No 2843/98 (5), which are incorporated into the Agreement and which
are consequently to be repealed under the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Article 3 of Protocol 21 to the Agreement shall be amended as follows:

1.

the text of point 1(4) (Commission Regulation (EC) No 3385/94) shall be replaced by the following:

‘32004 R 0773: Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct
of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123,
27.4.2004, p. 18).’;

(1) OJ L 64, 10.3.2005, p. 57.
(2) OJ L 123, 27.4.2004, p. 18.
(3) OJ L 377, 31.12.1994, p. 28.
(4) OJ L 354, 30.12.1998, p. 18.
(5) OJ L 354, 30.12.1998, p. 22.

L 133/36

EN

Official Journal of the European Union

26.5.2005

2.

the text of points 1(5) (Commission Regulation (EC) No 2842/98), 1(15) (Commission Regulation
(EC) No 2842/98) and 1(16) (Commission Regulation (EC) No 2843/98) shall be deleted.

The following shall be added after Article 10 of Protocol 23 to the Agreement:

Article 2

‘ACCESS TO THE FILE

Article 10A

When a surveillance authority grants access to the file to the parties to whom it has addressed a statement
of objections, the right of access to the file shall not extend to internal documents of the other surveillance
authority or of the competition authorities of the EC Member States and the EFTA States. The right of
access to the file shall also not extend to correspondence between the surveillance authorities, between a
surveillance authority and the competition authorities of the EC Member States or EFTA States or between
the competition authorities of the EC Member States or EFTA States where such correspondence is
contained in the file of the competent surveillance authority.’

The texts of Regulation (EC) No 773/2004 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

Article 4

This Decision shall enter into force on 4 December 2004, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*), or on the day of entry
into force of Decision of the EEA Joint Committee No 130/2004 of 24 September 2004, whichever is the
later.

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

Article 5

Done at Brussels, 3 December 2004.

For the EEA Joint Committee
The President
Kjartan JÓHANNSSON

(*)

Constitutional requirements indicated.