Decision of the EEA Joint Committee No 103/2005 of  8 July 2005  amending Annex XI (Telecommunication services) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: European Union Agency for Cybersecurity, Iceland, Norway, data protection, information network, transmission network

L 306/36

EN

Official Journal of the European Union

24.11.2005

DECISION OF THE EEA JOINT COMMITTEE

No 103/2005

of 8 July 2005

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) Annex XI to the Agreement was amended by Decision of the EEA Joint Committee No 39/2005 of

11 March 2005 (1).

(2) Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004
establishing the European Network and Information Security Agency (2) has as objective to enhance
the capability of the Community, the Member States and, as a consequence, the business community
to prevent, address and to respond to network and information security problems.

(3) The activities of the European Network and Information Security Agency may affect network and

information security problems within the European Economic Area.

(4) Regulation (EC) No 460/2004 is therefore to be incorporated into the Agreement in order to allow
for the full participation of the EFTA States in the European Network and Information Security
Agency,

HAS DECIDED AS FOLLOWS:

Article 1

Annex XI to the Agreement shall be amended as specified in the Annex to this Decision.

Article 2

The texts of Regulation (EC) No 460/2004 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

This Decision shall enter into force on 9 July 2005 provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 198, 28.7.2005, p. 36.
(2) OJ L 77, 13.3.2004, p. 1.
(*)

Constitutional requirements indicated.

24.11.2005

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Official Journal of the European Union

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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, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolaus von LIECHTENSTEIN

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Official Journal of the European Union

24.11.2005

ANNEX

The following shall be inserted after point 5co (Commission Recommendation 2003/558/EC) of Annex XI to the
Agreement:

‘5cp. 32004 R 0460: Regulation (EC) No 460/2004 of the European Parliament and of the Council of
10 March 2004 establishing the European Network and Information Security Agency (OJ L 77, 13.3.2004,
p. 1).

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

(a) Unless otherwise stipulated below, and notwithstanding the provisions of Protocol 1 to the
Agreement, the term “Member State(s)” and other terms referring to their public entities contained in
the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA
States and their public entities. Paragraph 11 of Protocol 1 shall apply.

(b) As regards the EFTA States, the Agency shall, as and when appropriate, assist the EFTA Surveillance
Authority or the Standing Committee, as the case may be, in the performance of their respective
tasks.

(c)

The following paragraph shall be added to Article 6:

“11. The EFTA States shall participate fully in the Management Board and shall within it have the

same rights and obligations as EU Member States, except for the right to vote.”

(d)

The following paragraph shall be added to Article 14:

“4. Regulation (EC) No 1049/2001 shall, for the application of this Regulation, apply to any

documents of the Agency regarding the EFTA States as well.”

(e)

The following paragraph shall be added to Article 15:

“12. The EFTA States shall participate in the contribution from the Community referred to in
paragraph 1. For this purpose, the procedures laid down in Article 82(1)(a) and Protocol 32 to
the Agreement shall apply mutatis mutandis.”

(f)

The following paragraph shall be added to Article 19:

“3.

By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants
of the European Communities, nationals of the EFTA States enjoying their full rights as citizens
may be engaged under contract by the Executive Director of the Agency.”

(g)

The following shall be added to Article 20:

“EFTA States shall apply to the Agency and to its staff the Protocol on the Privileges and Immunities
of the European Communities and applicable rules adopted pursuant to that Protocol.”’