6 Doc. No. 23/01137-1 Case No. 23/01137 DECISION OF THE EEA JOINT COMMITTEE […] amending Annex XI (Electronic communications, audiovisual services and information society) to the EEA Agreement

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) Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use1 is to be incorporated into the EEA Agreement.

• (2) Annex XI to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION:

Article 1

The following is inserted after point 5k (Directive (EU) 2019/1024 of the European Parliament and of the Council) of Annex XI to the EEA Agreement:

‘5ka. 32023 R 0138: Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use (OJ L 19, 20.1.2023, p. 43).

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

In Article 5(1), as regards the EFTA States, the words «entry into force of this Implementing Regulation» shall read «the date of into force of Decision of the EEA Joint Committee No …/… of [this Decision]».’

Article 2

The text of Implementing Regulation (EU) 2023/138 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 […], 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 190/2022 of 10 June 20221, whichever is the later.

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, […].

For the EEA Joint Committee The President

[…]

The Secretaries

To the EEA Joint Committee […]