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Document 52025PC0487
Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement (European Green Bonds)
Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement (European Green Bonds)
Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement (European Green Bonds)
COM/2025/487 final
EUROPEAN COMMISSION
Brussels, 12.9.2025
COM(2025) 487 final
2025/0276(NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement
(European Green Bonds)
(Text with EEA relevance)
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be adopted on the Union's behalf in the EEA Joint Committee in connection with the envisaged adoption of the Joint Committee Decision concerning an amendment of Annex IX (Financial services) to the EEA Agreement
2.Context of the proposal
2.1.The EEA Agreement
The Agreement on the European Economic Area (‘the EEA Agreement’) guarantees equal rights and obligations within the Internal Market for citizens and economic operators in the EEA. It provides for the inclusion of EU legislation covering the four freedoms throughout the 30 EEA States comprising of EU Member States, Norway, Iceland and Liechtenstein. In addition, the EEA Agreement covers cooperation in other important areas such as research and development, education, social policy, the environment, consumer protection, tourism and culture, collectively known as “flanking and horizontal” policies. The EEA Agreement entered into force on 1 January 1994. The Union together with its Member States is a party to the EEA Agreement.
2.2.The EEA Joint Committee
The EEA Joint Committee is responsible for the management of the EEA Agreement. It is a forum for exchanging views linked to the functioning of the EEA Agreement. Its decisions are taken by consensus and are binding on the Parties. The responsibility for coordinating EEA matters on the EU side is with the Secretariat General of the European Commission.
2.3.The envisaged act of the EEA Joint Committee
The EEA Joint Committee is expected to adopt the EEA Joint Committee Decision (‘the envisaged act’) regarding the amendment of Annex IX (Financial services) to the EEA Agreement.
The purpose of the envisaged act is to incorporate into the EEA Agreement Regulation (EU) 2023/2631 on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and for sustainability-linked bonds (European Green Bonds) 1 and Regulation (EU) 2023/2869 amending certain Regulations as regards the establishment and functioning of the European single access point 2 .
The envisaged acts will become binding on the parties in accordance with Articles 103 and 104 of the EEA Agreement.
3.Position to be taken on the Union's behalf
The Commission submits the annexed draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The position, once adopted, should be presented in the EEA Joint Committee at the earliest possible opportunity.
The annexed draft Decision of the EEA Joint Committee contains extensive institutional adaptations, which in essence replicate the existing financial services approach to the role of the EU financial supervisory authorities and EFTA Surveillance Authority in the field of markets in European Green Bonds, which goes beyond what can be considered mere technical adaptations in the sense of Council Regulation (EC) No 2894/94 3 . The Union position shall therefore be established by the Council.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 4 .
4.1.2.Application to the present case
The EEA Joint Committee is a body set up by an agreement, namely the EEA Agreement. The act, which the EEA Joint Committee is called upon to adopt, constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Articles 103 and 104 of the EEA Agreement.
The envisaged act does not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation (EC) No 2894/94.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation (EC) No 2894/94 depends primarily on the substantive legal basis of the EU legal act to be incorporated into the EEA Agreement.
If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
Since the Joint Committee Decision incorporates into the EEA Agreement Regulation (EU) 2023/2631 and Regulation (EU) 2023/2869, it is appropriate to base this Council decision on the same substantive legal base as the acts that are incorporated. Therefore, the substantive legal basis of the proposed decision is Article 114 of the TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 114 TFEU, in conjunction with Article 218(9) TFEU and Article 1(3) of Council Regulation (EC) No 2894/94.
5.Publication of the envisaged act
As the act of the EEA Joint Committee will amend Annex IX (Financial services) to the EEA Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2025/0276 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement
(European Green Bonds)
(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 Article 114 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 5 , 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 6 ('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 IX (Financial services) to the EEA Agreement.
(3)Regulation (EU) 2023/2631 of the European Parliament and of the Council 7 and Regulation (EU) 2023/2869 of the European Parliament and of the Council 8 should be incorporated into the EEA Agreement.
(4)Annex IX (Financial services) to the EEA Agreement should therefore be amended accordingly.
(5)The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment of Annex IX (Financial services) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 12.9.2025
COM(2025) 487 final
ANNEX
to the
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) to the EEA Agreement
(European Green Bonds)
ANNEX
DRAFT DECISION OF THE EEA JOINT COMMITTEE
No […]
of […]
amending Annex IX (Financial services) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
Whereas:
(1)Regulation (EU) 2023/2631 of the European Parliament and of the Council of 22 November 2023 on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and for sustainability-linked bonds 1 is to be incorporated into the EEA Agreement.
(2)Regulation (EU) 2023/2869 of the European Parliament and of the Council of 13 December 2023 amending certain Regulations as regards the establishment and functioning of the European single access point 2 is to be incorporated into the EEA Agreement.
(3)The EFTA States are to, when defining what countries shall be on the list of non-cooperative jurisdictions in their national legislation, take utmost account of the EU list of non-cooperative jurisdictions for tax purposes.
(4)Annex IX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 29bdc (Commission Delegated Regulation (EU) 2021/528) of Annex IX to the EEA Agreement:
‘29be. 32023 R 2631: Regulation (EU) 2023/2631 of the European Parliament and of the Council of 22 November 2023 on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and for sustainability-linked bonds (OJ L, 2023/2631, 30.11.2023), as amended by:
-32023 R 2869: Regulation (EU) 2023/2869 of the European Parliament and of the Council of 13 December 2023 (OJ L, 2023/2869, 20.12.2023).’
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) Notwithstanding the provisions of Protocol 1 to this Agreement, and unless otherwise provided for in this Agreement, the terms Member State(s) and competent authorities shall be understood to include, in addition to their meaning in the Regulation, the EFTA States and their competent authorities, respectively.
(b) Unless otherwise provided for in this Agreement, ESMA and the EFTA Surveillance Authority shall cooperate, exchange information and consult each other for the purposes of the Regulation, in particular prior to taking any action.
(c) References to the powers of ESMA under Article 19 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council in the Regulation shall be understood as referring, in the cases provided for in and in accordance with point 31i of this Annex, to the powers of the EFTA Surveillance Authority as regards the EFTA States.
(d) In Article 9, as regards the EFTA States, the words “jurisdiction listed in Annex I to the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes” shall read as “non-cooperative jurisdiction identified by the national legislation of the EFTA State concerned”.
(e) Decisions, interim decisions, notifications, simple requests, revocations of decisions and other measures of the EFTA Surveillance Authority under Articles 22(1), 23(2), 24(1), 34(2), 43(1), 54-56 and 59-61, shall, without undue delay, be adopted on the basis of drafts prepared by ESMA at its own initiative or at the request of the EFTA Surveillance Authority.
(f) In Articles 15a(1), the words “Union law” shall be replaced by the words “the EEA Agreement”.
(g) In Article 22:
(i) in paragraph 1, the words “or, in the case of external reviewers for European Green Bonds established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraph 2, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(h)In Articles 23(2)-(5), 24(1), 32(1), the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(i) In Article 33:
(i)in paragraph 1, the words “or, in the case of external reviewers established in an EFTA State, the EFTA Surveillance Authority’s” shall be inserted after the word “ESMA’s”;
(ii)in paragraphs 3 and 5, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(j) In Article 34:
(i)in paragraph 2, the words “or, as regards external reviewers established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii)in paragraph 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(k) In Article 37, the words “, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(l) In Article 43:
(i) in the first sentence of paragraph 1, the words “or, in the case of external reviewers established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the words “apply to ESMA”;
(ii) in point (a) of paragraph 1 and paragraphs 2-8, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(m) References to Union law in Articles 33(6), 47(2) and 49(4) shall be understood as referring to the EEA Agreement.
(n) In Article 54:
(i) in paragraph 1, the words “or, in case of persons established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraphs 2, 3 and 5, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iii) point (g) of paragraph 3 shall, as regards the EFTA States, read as follows:
“indicate the right to have the decision reviewed by the EFTA Court in accordance with Article 36 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”;
(iv) in paragraph 5, the following subparagraph shall be added:
“The EFTA Surveillance Authority shall without undue delay forward the information received under this Article to ESMA.”.
(o) In Article 55:
(i) in paragraph 1, the words “or, in case a person subject to investigation is established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraph 1, the following subparagraph shall be added:
“Officials of and other persons authorised by ESMA shall be entitled to assist the EFTA Surveillance Authority in the carrying out of its duties under this Article and have the right to participate in investigations upon ESMA’s request.”;
(iii) in paragraphs 2, 3, 4 and 5, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iv) the second sentence of paragraph 3 shall, as regards the EFTA States, read as follows:
“The decision shall specify the subject matter and purpose of the investigation, the periodic penalty payments provided for in Article 61, the legal remedies available under Regulation (EU) No 1095/2010, as incorporated into the EEA Agreement, and the right to have the decision reviewed by the EFTA Court in accordance with Article 36 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”;
(v) paragraph 6, as regards the EFTA States, shall read as follows:
“Where an authorisation as referred to in paragraph 5 is applied for, the national judicial authority shall verify that the decision of the EFTA Surveillance Authority is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the investigations. In its verification of the proportionality of coercive measures, the national judicial authority may ask the EFTA Surveillance Authority for detailed explanations, in particular relating to the grounds the EFTA Surveillance Authority has for suspecting that an infringement of this Regulation has taken place and the seriousness of the suspected infringement and the nature of the involvement of the person subject to the coercive measures. However, the national judicial authority shall not review the necessity of the investigation or demand that it be provided with the information on the file of ESMA or the EFTA Surveillance Authority. The lawfulness of the EFTA Surveillance Authority’s decision shall be subject to review only by the EFTA Court in accordance with the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”
(p) In Article 56:
(i) in paragraph 1, the words “or, in case of legal persons established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraph 1, the following subparagraph shall be added:
“The EFTA Surveillance Authority shall without undue delay forward the information obtained under this Article to ESMA.”;
(iii) in paragraphs 2 to 8, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iv) in paragraph 2, the following subparagraph shall be added:
“Officials of and other persons authorised by ESMA shall be entitled to assist the EFTA Surveillance Authority in the carrying out of its duties under this Article and have the right to participate in on-site inspections.”;
(v) the second sentence of paragraph 4 shall, as regards the EFTA States, read as follows:
“The decision shall specify the subject matter and purpose of the inspection, appoint the date on which it is to begin and indicate the periodic penalty payments provided for in Article 61 as well as the right to have the decision reviewed by the EFTA Court in accordance with Article 36 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”;
(vi) paragraph 9, as regards the EFTA States, shall read as follows:
“Where authorisation as referred to in paragraph 8 is applied for, the national judicial authority shall verify that EFTA Surveillance Authority’s decision is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. In its verification of the proportionality of the coercive measures, the national judicial authority may ask the EFTA Surveillance Authority for detailed explanations, in particular relating to the grounds the EFTA Surveillance Authority has for suspecting that an infringement of this Regulation has taken place, as well as to the seriousness of the suspected infringement and the nature of the involvement of the person who is subject to the coercive measures. However, the national judicial authority shall not review the necessity of the investigation or demand that it be provided with the information on the file of ESMA or the EFTA Surveillance Authority. The lawfulness of the EFTA Surveillance Authority’s decision shall be subject to review only by the EFTA Court in accordance with the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”
(q) In Article 57:
(i)the words “, the EFTA Surveillance Authority” shall be inserted after the first use of the word “ESMA”;
(ii)the words “or the EFTA Surveillance Authority” shall be inserted after the second use of the word “ESMA”.
(r) In Article 58, the words “the EFTA Surveillance Authority,” shall be inserted after the word “ESMA,”.
(s) In Article 59:
(i) in paragraph 1, the words “or, in case of persons established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraphs 2 and 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iii) in paragraph 4, the following subparagraphs shall be added:
“Without undue delay, the EFTA Surveillance Authority shall notify any action taken pursuant to paragraph 1 to the person responsible for the infringement, and shall communicate it to the competent authorities of the EEA States and to the Commission. ESMA shall publicly disclose any such decision on its website within 10 working days of the date when the decision as referred to in paragraph 1 was adopted. The EFTA Surveillance Authority shall also publicly disclose any of its own decisions on its website within 10 working days of the date when they were adopted.
The disclosure to the public referred to in the third subparagraph shall include the following:
(a) a statement affirming the right of the person responsible for the infringement to have the decision reviewed by the EFTA Court;
(b) where relevant, a statement affirming that proceeding referred to in point (a) have been instituted and specifying that actions brought before the EFTA Court do not have suspensory effect;
(c) a statement asserting that it is possible for the EFTA Court to suspend the application of the contested decision in accordance with Article 40 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”.
(t) In Article 60:
(i) in paragraph 1, the words “or, in the case of an external reviewer or any of the persons referred to in Article 54(1) established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in paragraphs 2 and 4, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(u) In Article 61:
(i) in paragraph 1, the words “or, in case of persons established in an EFTA State, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(ii) in the first sentence of paragraph 4, the words “or, as the case may be, the EFTA Surveillance Authority’s decision” shall be inserted after the words “ESMA’s decision”;
(iii) in the second sentence of paragraph 4, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(v) In Article 62:
(i) in paragraph 1, the following subparagraph shall be added:
“The EFTA Surveillance Authority shall also disclose to the public every fine and periodic penalty that it has imposed pursuant to Articles 60 and 61, subject to the conditions laid down in this paragraph as regards the disclosure of fines and periodic penalties by ESMA.”;
(ii) in paragraph 4, the following subparagraph shall be added:
“The Standing Committee of the EFTA States shall determine the allocation of the amounts of the fines and periodic penalty payments collected by the EFTA Surveillance Authority.”;
(iii) in paragraph 5, the following subparagraph shall be added:
“Where the EFTA Surveillance Authority decides to impose no fine or penalty payment upon closing an investigation, it shall inform ESMA, the Standing Committee of the EFTA States and the competent authorities of the Member States concerned accordingly and shall set out the reasons for its decision.”.
(w) In Article 63:
(i) in paragraph 1, the following subparagraph shall be added:
“Where, in carrying out its duties under this Regulation, the EFTA Surveillance Authority finds that there are serious indications of the possible existence of facts liable to constitute one or more of the infringements listed in Article 60(1), the EFTA Surveillance Authority shall appoint an independent investigating officer within the EFTA Surveillance Authority to investigate the matter following consultation with ESMA. The investigating officer shall not be involved or have been involved in the direct or indirect supervision or registration process of the external reviewer concerned and shall perform his or her functions independently from the College of the EFTA Surveillance Authority and ESMA’s Board of Supervisors.”;
(ii) in paragraph 2, 5 and 7, as regards the EFTA States, the words “and the EFTA Surveillance Authority” shall be inserted after the words “ESMA’s Board of Supervisors”;
(iii) in paragraph 4, as regards the EFTA States, the words “and the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iv) in paragraph 8, as regards the EFTA States, the following subparagraphs shall be added:
“On the basis of the file containing the investigating officer’s findings and, when requested by the persons concerned, after having heard those persons in accordance with Article 64, the EFTA Surveillance Authority shall decide if one or more of the infringements listed in Article 60(1) has been committed by the persons subject to an investigation, and in such a case, shall take a supervisory measure in accordance with Article 59 and impose a fine in accordance with Article 60.
The EFTA Surveillance Authority shall provide ESMA with all information and files necessary for the performance of its obligation under this paragraph.”;
(v) in paragraph 9, the words “or the EFTA Surveillance Authority” shall be inserted after the words “ESMA’s Board of Supervisors”;
(vi) in paragraph 11, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.
(x) In Article 64:
(i) in paragraph 1, the following subparagraphs shall be added:
“Before preparing any draft for the EFTA Surveillance Authority under Articles 59, 60 and 61, ESMA shall give the persons subject to such a decision the opportunity to be heard on ESMA’s findings. ESMA shall base its draft only on findings on which those persons have had the opportunity to comment.;
The EFTA Surveillance Authority shall base its decisions under Articles 59, 60 and 61 only on findings on which the persons subject to such decisions have had the opportunity to comment.”;
(ii) in paragraph 2 and 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;
(iii) in paragraph 3, as regards the EFTA States, the words “ESMA’s file” shall be replaced with the words “the file of ESMA and the EFTA Surveillance Authority”.
(y) In Article 66(1), the following subparagraph shall be added:
“As regards external reviewers established in an EFTA State, fees shall be charged by the EFTA Surveillance Authority in accordance with this Regulation and with the Commission delegated act referred to in paragraph 3.”;
(z) In Article 67(2), the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.’
Article 2
The text of Regulation (EU) 2023/2631 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made 3*.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, […].
For the EEA Joint Committee
The President
[…]
The Secretaries
To the EEA Joint Committee
[…]
Declaration by the EFTA States
to Decision No …/… incorporating Regulations (EU) No 2023/2631 into the Agreement
Regulation (EU) No 2023/2631, notably regulates the use services of third-country external reviewers and lays down a third-country regime for external reviewers on the basis of an equivalence assessment, recognition or endorsement under which third-country external reviewers may provide external review services. The incorporation of this Regulation into the EEA Agreement is without prejudice to the scope of the EEA Agreement as regards third country relations.