do-me/EUR-LEX huggingface dataset:
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)
Date: 2007-10-26
Institutions: EEA Joint Committee
Subjects: EFTA, competition law, confidentiality, exchange of information

10.4.2008

EN

Official Journal of the European Union

L 100/99

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).

(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:

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

Article 1

‘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 Arti-
cle 103(1) of the Agreement have been made to the EEA Joint Committee (*).

(1) OJ L 133, 26.5.2005, p. 35.
(*) No constitutional requirements indicated.

L 100/100

EN

Official Journal of the European Union

10.4.2008

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

Article 3

Done at Brussels, 26 October 2007.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON