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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173 and Article 175, third paragraph, in conjunction with Article 218(9) thereof,Having regard to Council Regulation (EC) 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area^note, and in particular Article 1(3) thereof,Having regard to the proposal from the European Commission,Whereas:

(1)The Agreement on the European Economic Area^note (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by the EEA Agreement (the ‘EEA Joint Committee’) may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms (‘Protocol 31’) and Protocol 32 on financial modalities for implementation of Article 82 (‘Protocol 32’), annexed to the EEA Agreement.

(3)Regulation (EU) 2021/523 of the European Parliament and of the Council^note is to be incorporated into the EEA Agreement.

(4)Protocol 31 and Protocol 32 should therefore be amended accordingly.

(5)The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision of the EEA Joint Committee,

HAS ADOPTED THIS DECISION: