HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 262/54
EN
Official Journal of the European Union
6.10.2011
DECISION OF THE EEA JOINT COMMITTEE
No 83/2011
of 1 July 2011
amending Annex XVI (Procurement) to the EEA Agreement
THE EEA JOINT COMMITTEE,
(2) the following shall be added in point 5 (Council Directive
89/665/EEC):
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
on the European Economic Area, hereinafter referred to as
‘, as amended by:
‘the Agreement’, and in particular Article 98 thereof,
— 32007 L 0066: Directive 2007/66/EC of the European
Whereas:
Parliament and of the Council of 11 December 2007
(OJ L 335, 20.12.2007, p. 31).’;
(1)
Annex XVI to the Agreement was amended by Decision
of the EEA Joint Committee No 14/2010 of 29 January
2010 (
(3) the text in adaptation (b) in point 5 (Council Directive

1 ).
89/665/EEC) shall be replaced with the following text:
(2) Commission
Regulation
(EC)
No
1150/2009 of
10 November 2009 amending Regulation (EC) No
‘The reference to “Article 234 of the Treaty” in Article 2(9)
1564/2005 as regards the standard forms for the publi
shall, for the EFTA States, be replaced with “Article 34 of
cation of notices in the framework of public
the Agreement between the EFTA States on the estab
procurement in accordance with Council Directives
lishment of a Surveillance Authority and a Court of
89/665/EEC and 92/13/EEC ( 2 ) is to be incorporated
Justice”.’;
into the Agreement.
(3) Commission
Regulation
(EC)
No
1177/2009 of (4) the following indent shall be added in point 5a (Council
30 November 2009 amending Directives 2004/17/EC,
Directive 92/13/EEC):
2004/18/EC and 2009/81/EC of the European Parliament
and of the Council in respect of their application
thresholds for the procedures for the award of
‘— 32007 L 0066: Directive 2007/66/EC of the European
contracts (
Parliament and of the Council of 11 December 2007

3 ) is to be incorporated into the Agreement.
(OJ L 335, 20.12.2007, p. 31).’;
(4) Directive
2007/66/EC
of
the
European
Parliament
and
of
the Council of 11 December 2007 amending Council
(5) the text in adaptation (b) in point 5a (Council Directive
Directives 89/665/EEC and 92/13/EEC with regard to
92/13/EEC) shall be replaced with the following text:
improving the effectiveness of review procedures
concerning the award of public contracts ( 4 ) is to be
incorporated into the Agreement,
‘The reference to “Article 234 of the Treaty” in Article 2(9)
shall, for the EFTA States, be replaced with “Article 34 of
HAS ADOPTED THIS DECISION:
the Agreement between the EFTA States on the estab
lishment of a Surveillance Authority and a Court of
Justice”.’;
Article 1
Annex XVI to the Agreement shall be amended as follows:
(6) the text in adaptation (c) and (d) in point 5a (Council
Directive 92/13/EEC) and Appendix 14 (NATIONAL
(1) the following indent shall be added in point 2 (Directive
AUTHORITIES TO WHICH REQUESTS FOR APPLICATION
2004/18/EC of the European Parliament and of the Council)
OF THE CONCILIATION PROCEDURE REFERRED TO IN
and point 4 (Directive 2004/17/EC of the European
ARTICLE 9 OF COUNCIL DIRECTIVE 92/13/EEC MAY BE
Parliament and of the Council):
ADDRESSED) shall be deleted;
‘— 32009 R 1177: Commission Regulation (EC) No
1177/2009 of 30 November 2009 (OJ L 314,
(7) the following indent shall be added in point 6c
1.12.2009, p. 64).’;
(Commission Regulation (EC) No 1564/2005):
( 1 ) OJ L 101, 22.4.2010, p. 24.
‘— 32009 R 1150: Commission Regulation (EC) No
( 2 ) OJ L 313, 28.11.2009, p. 3.
( 3 ) OJ L 314, 1.12.2009, p. 64.
1150/2009 of 10 November 2009 (OJ L 313,
( 4 ) OJ L 335, 20.12.2007, p. 31.
28.11.2009, p. 3).’.

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EN
6.10.2011 Official
Journal
of
the
European
Union L
262/55
Article 2
Article 4
The texts of Regulations (EC) No 1150/2009 and (EC) No
This Decision shall be published in the EEA Section of, and in
1177/2009, and Directive 2007/66/EC in the Icelandic and
the EEA Supplement to, the Official Journal of the European
Norwegian languages, to be published in the EEA Supplement
Union.
to the Official Journal of the European Union, shall be authentic.
Done at Brussels, 1 July 2011.
Article 3
For the EEA Joint Committee
This Decision shall enter into force on 2 July 2011, provided
that all the notifications pursuant to Article 103(1) of the
The President
Agreement have been made to the EEA Joint Committee (*).
Kurt JGER
(*) Constitutional requirements indicated.

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