# EUR-Lex - 52014PC0301 - EN

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# 52014PC0301

**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 /* COM/2014/0301 final - 2014/0155 (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.

Article 78 of the EEA Agreement provides
that the Contracting Parties shall strengthen and broaden cooperation in the
framework of the Union’s activities in the field of, among others, social
policy.

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 Agreement on cooperation in specific fields
outside the four freedoms.

In order to extend the cooperation of the Contracting Parties to the
EEA Agreement, Regulation (EU) No 1381/2013 of the European Parliament and of
the Council of 17 December 2013 establishing a Rights, Equality and Citizenship
Programme for the period 2014 to 2020[1]
needs to be incorporated in the EEA Agreement.

Liechtenstein will
only take part in the activities under the programme funded by budget lines 33
01 04 01 Support expenditure for Rights and Citizenship and 33 02 02 Promoting
non-discrimination and equality.

It should also be noted that Norway will not participate in the programme. An adaptation text to this effect has been
included in the draft Joint Committee Decision (JCD). However, Norway intends to participate fully as of 1 January 2015 provided that the necessary
budgetary means are allocated. If so, a new draft JCD will be presented to the
EU side, amending Article 5(8) of Protocol 31 by removing the adaptation text
concerning Norway.

Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place from 1 January 2014.

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.

2014/0155 (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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 19(2), 21(2),
114, 168, 169 and 197 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[2],
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[3]
('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.

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

(4)       It is appropriate to
extend the cooperation of the Contracting Parties to the EEA Agreement to
include Regulation (EU) No 1381/2013 of the European Parliament and of the
Council.[4]

(5)       Protocol 31 to the EEA
Agreement should therefore be amended accordingly, in order to allow for this
extended cooperation to take place from 1 January 2014.

(6)       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 European Union, in 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
day of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 354, 28.12.2013, p. 62.

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

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

[4]               Regulation (EU) No 1381/2013 of the European
Parliament and of the Council of 17 December 2013 establishing a Rights,
Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354,
28.12.2013, p. 62.)

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 extend the cooperation of
the Contracting Parties to the EEA Agreement to include Regulation (EU) No
1381/2013 of the European Parliament and of the Council of 17 December 2013
establishing a Rights, Equality and Citizenship Programme for the period 2014
to 2020[1],

(2) 
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place from 1 January 2014.

HAS ADOPTED THIS DECISION:

Article 1

Article 5 of Protocol 31 shall be amended
as follows:

1.           The following indent is added in
paragraph 8:

‘-       32013 R 1381: Regulation (EU)
No 1381/2013 of the European Parliament and of the Council of 17 December 2013
establishing a Rights, Equality and Citizenship Programme for the period 2014
to 2020  (OJ L 354, 28.12.2013, p. 62).

Liechtenstein shall only participate in the activities which may result from
budget lines 33 01 04 01 Support expenditure for Rights and Citizenship and 33
02 02 Promoting non-discrimination and equality.

Norway shall be exempted from the participation in, and the financial
contribution to, this programme.’

2.           In paragraph 5, the words “, in
the programme referred to in the fourteenth indent as from 1 January 2014” are
inserted after the words “in the programme referred to in the thirteenth indent
as from 1 January 2012”.

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

[1]               OJ L 354, 28.12.2013, p. 62.

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