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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 114 and Article 173(3), 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 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 may decide to amend, inter alia, Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.

(3)It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement in order to cover Regulation (EU) 2023/1525 of the European Parliament and of the Council^note.

(4)Protocol 31 to the EEA Agreement should therefore be amended in order to allow for the extended cooperation to take place retroactively from 25 July 2023.

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

HAS ADOPTED THIS DECISION: