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) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (1), as corrected by OJ L 169, 4.7.2023, p. 35, is to be incorporated into the EEA Agreement.

(2)	Regulation (EU) 2023/1230 repeals, with effect from 14 January 2027, Directive 2006/42/EC of the European Parliament and of the Council (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 14 January 2027.

(3)	Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Chapter XXIV of Annex II to the EEA Agreement is amended as follows:

The following is inserted after point 1i (Regulation (EU) 2016/1628 of the European Parliament and of the Council):

‘1j.

32023 R 1230: Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (OJ L 165, 29.6.2023, p. 1), as corrected by OJ L 169, 4.7.2023, p. 35.

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(a)

In Articles 3(15) and 9, point (c) of Article 30(7), section 1.5.7. of Annex III, point (k) of Part A Annex IV, and section 6 of Part A and section 5 of Part B of Annex V the words “Union harmonisation legislation” shall be replaced by the words “harmonisation legislation applicable pursuant to the EEA Agreement”.

(b)	In Article 6(9), the following subparagraph is added: “Liechtenstein is exempted from collecting and providing the data and information referred to in paragraph 5”.

(c)	In Article 9, the words “Union legislation” shall be replaced by the words “legislation applicable pursuant to the EEA Agreement”.

(d)	In Articles 21(3) and 22(3), the words “Union legal act” shall be replaced by the words “legislative act applicable pursuant to the EEA Agreement”.

(e)	In Articles 21(3), 22(3) and 44(1), and sections 1.7.1.2., 1.7.4.2. and 2.1.1. of Annex III, the words “Union legal acts” shall be replaced by the words “legislative acts applicable pursuant to the EEA Agreement”.

(f)	In Article 35(1), the words “Union acts” shall be replaced by the words “legislation applicable pursuant to the EEA Agreement”.

(g)	In Article 49(4), the words “or, as regards the EFTA Surveillance Authority and the EFTA States, legislation applicable pursuant to the EEA Agreement” shall be inserted after the words “Union law”.’

2.	The text of point 1c (Directive 2006/42/EC of the European Parliament and of the Council) is deleted with effect from 20 January 2027.

Article 2

The text of Regulation (EU) 2023/1230, as corrected by OJ L 169, 4.7.2023, p. 35, 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 12 July 2025, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

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.