Considerations on COM(2021)274 - EU position concerning the amendment to Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 (Containing the list provided for in Article 101) to the EEA Agreement

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dossier COM(2021)274 - EU position concerning the amendment to Annex XI (Electronic communication, audiovisual services and information society) ...
document COM(2021)274 EN
date June 28, 2021
 
table>(1)The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.
(2)Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 containing the list provided for in Article 101 (‘Protocol 37’) to the EEA Agreement.

(3)Regulation (EU) 2018/1971 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

(4)For the EEA Agreement to function well, Protocol 37 to the EEA Agreement is to be extended to include the Body of European Regulators for Electronic Communications (BEREC), established by Regulation (EU) 2018/1971.

(5)To ensure consistent implementation of the regulatory framework for electronic communications within the scope of the EEA Agreement, the national regulatory authorities of the EFTA States will participate fully in the work of the Board of Regulators of BEREC, the working groups of BEREC and the Management Board of the BEREC Office, but will not have the right to vote. The positions of the national regulatory authorities of the EFTA States will be recorded separately when BEREC issues an opinion. The EFTA Surveillance Authority will take the utmost account of opinions adopted by BEREC.

(6)Directive (EU) 2018/1972 of the European Parliament and of the Council (4), is to be incorporated into the EEA Agreement.

(7)Directive (EU) 2018/1972 repeals, with effect from 21 December 2020, Directives 2002/19/EC (5), 2002/20/EC (6), 2002/21/EC (7) and 2002/22/EC (8) of the European Parliament and of the Council, which have been incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement with effect from 21 December 2020.

(8)Annex XI and Protocol 37 to the EEA Agreement should therefore be amended accordingly.

(9)The position of the Union in the EEA Joint Committee should therefore be based on the draft decisions of the EEA Joint Committee,