# EUR-Lex - 52014PC0262 - EN

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# 52014PC0262

**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/2014/0262 final - 2014/0140 (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 concerning free movement of workers, coordination of
social security systems and measures for migrants, including migrants from
third countries.

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.

2014/0140 (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 Article 46 and 48 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 thereto.

(3)       Protocol 31 to the EEA
Agreement contains specific provisions on 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 cooperation concerning free movement of workers, coordination of social
security systems and measures for migrants, including migrants from third
countries.

(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 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, in the EEA Joint Committee on the proposed amendment to Protocol
31 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
day 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 extend the cooperation of
the Contracting Parties to the EEA Agreement to include cooperation concerning
free movement of workers, coordination of social security systems and measures
for migrants, including migrants from third countries,

(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 to the EEA
Agreement shall be amended as follows:

1.           The following paragraph is
inserted after paragraph 12:

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

-        Budget line 04 03 01 03: “Free
movement of workers, co-ordination of social security schemes and measures for
migrants including migrants from third countries”.’

2.           In paragraph 5, the words “and in
the actions funded from the budget lines for the financial years 2012 and 2013
referred to in paragraph 12 as from 1 January 2012” are replaced by the words
“, in the actions funded from the budget lines for the financial years 2012 and
2013 referred to in paragraph 12 as from 1 January 2012 and in the actions
funded from the budget line for the financial year 2014 referred to in
paragraph 13 as from 1 January 2014”.

3.           In paragraphs 6 and 7, the words
“paragraphs 8 and 12” are replaced by the words “paragraphs 8, 12 and 13”.

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.]