# EUR-Lex - 52014PC0523 - EN

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# 52014PC0523

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Lines 02.03.01 and 12.02.01) /* COM/2014/0523 final - 2014/0241 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant EU legislation into the EEA Agreement as soon as
possible after its adoption and also allow for the participation of the EEA
EFTA States in EEA relevant EU actions or programmes.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Protocol 31 to
the EEA Agreementon cooperation in specific fields outside the four freedoms in
order to extend the cooperation of the Contracting Parties to the EEA Agreement
to include cooperation in actions funded from the general budget of the Union concerning
"Operation and development of the internal market, particularly in the
fields of notification, certification and sectoral approximation" and
"Implementation and development of the internal market".

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

The Decision of the EEA Joint Committee
should serve also as the agreement of the Parties, pursuant to Article 1(8) of
Protocol 32 to the EEA Agreement, to continue the cooperation beyond 31
December 2013 even if the EEA Joint Committee Decision annexed to this Decision
is adopted, or if the fulfilment of constitutional requirements for this EEA
Joint Committee Decision, if any, is notified after 10 July 2014.

2014/0241 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union,
in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA
Agreement, on cooperation in specific fields outside the four freedoms (Budget
Lines 02.03.01 and 12.02.01)

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[1],
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[2]
('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 ('Protocol 31').

(3)       Protocol 31 to the EEA
Agreement contains specific provisions on cooperation in specific fields outside
the four freedoms.

(4)       It is appropriate to continue
the cooperation of the Contracting Parties to the EEA Agreement in actions
funded from the general budget of the Union concerning "Operation and
development of the internal market, particularly in the fields of notification,
certification and sectoral approximation" and "Implementation and
development of the internal market".

(5)       It is appropriate that,
pursuant to Article 1(8) of Protocol 32 to the Agreement, the cooperation among
the Parties should continue beyond 31 December 2013 even if the EEA Joint
Committee Decision annexed to this Decision is adopted, or if the fulfilment of
constitutional requirements for this EEA Joint Committee decision, if any, is
notified after 10 July 2014.

(6)       Entities established in the
EFTA States should be entitled to participate in activities which start before
the entry into force of the EEA Joint Committee Decision annexed to this
Decision. The costs incurred for such activities, the implementation of which
starts after 1 January 2014, may be considered eligible under the same
conditions as those applicable to costs incurred by entities established in the
EU Member States provided that the EEA Joint Committee Decision enters into
force before the end of the action concerned.

(7)       Protocol 31 to the EEA
Agreement should therefore be amended accordingly, in order to allow for this
extended cooperation to continue beyond 31 December 2013.

(8)       The position of the Union in the EEA Joint Committee should be based on the attached draft Decision.

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of
the European Union, within the EEA Joint Committee on 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.

Article 2

This Decision shall enter into force on the
date of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               OJ L 1, 3.1.1994, p. 3.

ANNEX
DECISION OF THE EEA JOINT COMMITTEE No .../2014
of 
amending Protocol 31 to the EEA Agreement,
on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area (“the EEA Agreement”), and in particular Articles 86 and
98 thereof,

Whereas:

(1) 
It is appropriate to continue the cooperation of
the Contracting Parties to the EEA Agreement in Union actions funded from the
general budget of the European Union regarding the implementation, operation
and development of the Internal Market.

(2) 
It is appropriate that this cooperation should
continue beyond 31 December 2013 even if this Decision is adopted, or if the
fulfilment of constitutional requirements for this Decision, if any, is
notified after 10 July 2014.

(3) 
Entities established in the EFTA States should
be entitled to participate in activities which start before the entry into
force of this Decision. The costs incurred for such activities, the
implementation of which starts after 1 January 2014, may be considered eligible
under the same conditions as those applicable to costs incurred by entities
established in the EU Member States provided that this Decision enters into
force before the end of the action concerned.

(4) 
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to
continue beyond 31 December 2013,

HAS ADOPTED THIS DECISION:

Article 1

Article 7 of Protocol 31 to the EEA
Agreement shall be amended as follows:

1.           The following paragraph is
inserted after paragraph 8:

‘9.     The EFTA States shall, as from 1
January 2014, participate in the Union actions related to the following budget
lines, entered into the general budget of the European Union for the financial
year 2014:

-        Budget line 02.03.01:
“Operation and development of the internal market, particularly in the fields
of notification, certification and sectoral approximation”,

-        Budget line 12.02.01:
“Implementation and development of the internal market”.

The
costs incurred for activities the implementation of which starts after 1
January 2014, may be considered eligible as from the beginning of the action
under the grant agreement or the grаnt decision concerned provided that
Decision of the EEA Joint Committee No .../2014 of ... enters into force before the
end of the action.’

2.           The words “paragraphs 5, 6, 7 and
8” in paragraphs 3 and 4 are replaced by the words “paragraphs 5 to 9”.

Article 2

This Decision shall enter into force on the
day following the last notification under Article 103(1) of the EEA Agreement*.

It shall apply from 1
January 2014.

Article 3

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

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]