Article 1The position to be adopted, on behalf of the Union,...
Article 2This Decision shall enter into force on the date of...
ATTACHMENTS DECISION OF THE EEA JOINT COMMITTEE No … of … amending Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 containing the list provided for in Article 101 to the EEA Agreement Joint Declaration by the Contracting Parties to Decision of the Joint Committee No XX of DD.MM.YY incorporating Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) into the EEA Agreement

Council Decision (EU) 2018/893

of 18 June 2018

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Annex XI (Electronic communication, audiovisual services and information society) and Protocol 37 containing the list provided for in Article 101 to the EEA Agreement (General Data Protection Regulation)

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16 in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area1, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Agreement on the European Economic Area2 (‘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) 2016/679 of the European Parliament and of the Council3 is to be incorporated into the EEA Agreement.

(4)

Regulation (EU) 2016/679 repeals Directive 95/46/EC of the European Parliament and of the Council4, which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

(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,

HAS ADOPTED THIS DECISION: