Decision of the EEA Joint Committee No 311/2019 of 13 December 2019 amending Annexes X (Services in general) and XIX (Consumer Protection) to the EEA Agreement [2020/329]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, digital single market, discrimination on the basis of nationality, electronic commerce, establishment, geo-blocking, goods and services, residence, revision of an agreement




L_2020068EN.01006501.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/65








            DECISION OF THE EEA JOINT COMMITTEE
         
No 311/2019
of 13 December 2019
         
amending Annexes X (Services in general) and XIX (Consumer Protection) to the EEA Agreement [2020/329]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (1), as corrected by OJ L 66, 8.3.2018, p. 1, is to be incorporated into the EEA Agreement.












(2)


Annexes X and XIX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is inserted after point 3a (Commission Implementing Decision 2014/89/EU) of Annex X to the EEA Agreement:






‘4.



32018 R 0302: Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1), as corrected by OJ L 66, 8.3.2018, p. 1.
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:






(a)


As regards the EFTA States, Article 1(6) shall not apply.










(b)


In Article 2(17), the words “Article 57 TFEU” shall read “Article 37 of the EEA Agreement”.










(c)


In Articles 3(3) and 4(5), the words “Union law” shall read “the EEA Agreement”.










(d)


In Article 4(4), as regards the EFTA States, the words “the provisions of Chapter 1 of Title XII of Directive 2006/112/EC” shall read “special national rules for small enterprises”.










(e)


In Articles 6(1) and 11(2), the words “Article 101 TFEU” shall read “Article 53 of the EEA Agreement”.










(f)


In Article 11(2), as regards the EFTA States:






(i)


the words “2 March 2018” shall read “the date of entry into force of Decision of the EEA Joint Committee No 311/2019 of 13 December 2019”;










(ii)


the words “23 March 2020” shall read “two years after the date of entry into force of Decision of the EEA Joint Committee No 311/2019 of 13 December 2019’.














Article 2
The following indent is added in points 7d (Directive 2009/22/EC of the European Parliament and of the Council) and 7f (Regulation (EC) No 2006/2004 of the European Parliament and of the Council) of Annex XIX to the EEA Agreement:






‘—



32018 R 0302: Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 (OJ L 60I, 2.3.2018, p. 1), as corrected by OJ L 66, 8.3.2018, p. 1.’






Article 3
With effect from 17 January 2020, the following shall be added in point 7f (Regulation (EU) 2017/2394 of the European Parliament and of the Council) of Annex XIX to the EEA Agreement:

                  ‘, as amended by:






—



32018 R 0302: Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 (OJ L 60I, 2.3.2018, p. 1), as corrected by OJ L 66, 8.3.2018, p. 1.’
                     






Article 4
The text of Regulation (EU) 2018/302, as corrected by OJ L 66, 8.3.2018, p. 1, 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 5
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 6
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, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 60I, 2.3.2018, p. 1.

(*1)  Constitutional requirements indicated.