Council Decision (EU) 2023/272 of 30 January 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an 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 (Cybersecurity Act) (Text with EEA relevance)

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed 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 shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

This Decision shall enter into force on the date of its adoption.

“5 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.”

“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.”

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

“3 By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other Servants of the European Union, the languages referred to in Article 129(1) of the EEA Agreement shall be considered by the Agency, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on European Union.”

“6 The EFTA States shall participate fully in the European Cybersecurity Certification Group, except for the right to vote.” ’.

The following point is added in Protocol 37 to the EEA Agreement: ‘44. European Cybersecurity Certification Group (Regulation (EU) 2019/881 of the European Parliament and of the Council).’.

The text of Regulation (EU) 2019/881 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made , or on the day of the entry into force of Decision of the EEA Joint Committee No …/… of […] [incorporating {Directive (EU) 2016/1148 (NIS Directive)} into the EEA Agreement], 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.