Considerations on COM(2022)741 - EU position on amending Annex XI (Electronic communication, av services, information society) and Protocol 37 (list of Art. 101) to the EEA Agreement (NIS)

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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) to the EEA Agreement.

(3)Directive (EU) 2016/1148 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 Cooperation Group set up by Directive (EU) 2016/1148.

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

(6)The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,