The position to be adopted on the Union’s behalf within the EEA Joint Committee concerning the proposed amendment to Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
The following paragraph is added after paragraph 16 of Article 7 of Protocol 31 to the EEA Agreement:
‘17. The EFTA States shall, as from 1 January 2026, participate in the Union actions related to the following act and budget lines, entered into the general budget of the European Union:
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32025 R 2643 : Regulation (EU) 2025/2643 of the European Parliament and of the Council of 16 December 2025 establishing the European Defence Industry Programme and a framework of measures to ensure the timely availability and supply of defence products (“EDIP Regulation”) (OJ L, 2025/2643, 29.12.2025).
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Budget line 13 01 06 : “Support expenditure for the European Defence Industry Programme”.
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Budget line 13 08 01 : “European Defence Industry Programme”.
The costs incurred for activities the implementation of which starts from 1 January 2026 or, where the conditions referred to in Article 7(4) of Regulation (EU) 2025/2643 are fulfilled, from 5 March 2024, may be considered eligible as from the starting date of the action fixed in the grant agreement or the grant decisions concerned, under the conditions set out therein, provided that Decision of the EEA Joint Committee [This Decision] enters into force before the end of the action.
Iceland and Liechtenstein shall be exempt from participation in, and from the financial contribution to, the European Defence Industry Programme. This paragraph shall therefore not apply to Iceland and Liechtenstein.
By virtue of Article 79(3) of the Agreement, Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.
The term “Member State(s)” and other terms referring to Member States’ public entities contained in Chapter VII of Regulation (EU) 2025/2643 shall be understood to include, in addition to their meaning in Regulation (EU) 2025/2643, EFTA States and their public entities.
The applicable provisions of Regulation (EU) 2025/2643 are listed below and shall, for the purposes of the Agreement, be read with the following adaptations:
(i)
Only the following provisions of Regulation (EU) 2025/2643 shall apply:
Articles 1 to 21, 35 to 77 and 79 to 86.
(ii)
In Article 72(1), the words “or, as regards undertakings established in the EFTA States, the EFTA Surveillance Authority by way of decision,” shall be inserted after the words “implementing acts,”.
(iii)
In Articles 72(2) and 72(3) and in Articles 73, 74 and 75 the words “or, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the words “the Commission” and “The Commission”.
(iv)
In Article 72(4), the words “The EFTA States shall determine the allocation of the amounts of the fines collected by the EFTA Surveillance Authority.” shall be inserted after the words “Support Instrument.”.
(v)
In Article 73(5) and Article 74(5), point (b), the words “or the EFTA Court” shall be inserted after the words “the Court of Justice of the European Union”.’.
This Decision shall enter into force on the date of its adoption.
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement ( *1 ) .
It shall apply from 1 January 2026.
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union .