# EUR-Lex - 52014PC0522 - EN

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# 52014PC0522

**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 (Health programme) /* COM/2014/0522 final - 2014/0240 (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.

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.

In order to extend the cooperation of the
Contracting Parties to the EEA Agreement in this area (to take place from 1
January 2014), Regulation (EU) No 282/2014 of the European Parliament and of
the Council of 11 March 2014 on the establishment of a third Programme for the
Union's action in the field of health (2014-2020) and repealing Decision No
1350/2007/EC[1] needs to be incorporated to the EEA Agreement through the above
mentioned amendment.

It shall be noted that Liechtenstein shall be exempted from the participation in, and the financial
contribution to, this programme.

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 commence the cooperation under Regulation
(EU) No 282/2014 from 1 January
2014 even if this EEA Joint Committee Decision is adopted, or if the fulfilment
of constitutional requirements for this EEA Joint Committee Decision, if any, is
notified after 10 July 2014.

2014/0240 (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
(Health programme)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 168(5)  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 ('Protocol 31').

(3)       Protocol 31 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 282/2014 of the European
Parliament and of the Council.[4]

(5)       It is appropriate that the
participation of EFTA States in the activities resulting from Regulation (EU) No
282/2014 commence from 1
January 2014 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 should
therefore be amended accordingly.

(8)       The amendment should apply
from 1 January 2014.

(9)       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, 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 86, 21.3.2014, p. 1.

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

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

[4]               Regulation (EU) No 282/2014 of the European
Parliament and of the Council of 11 March 2014 on the establishment of a third
Programme for the Union's action in the field of health (2014-2020) and
repealing Decision No 1350/2007/EC, (OJ L 86, 21/03/2014, p. 1–13)

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
282/2014 of the European Parliament and of the Council of 11 March 2014 on the
establishment of a third Programme for the Union's action in the field of
health (2014-2020) and repealing Decision No 1350/2007/EC[1].

(2) 
It is appropriate that the participation of EFTA
States in the activities resulting from Regulation (EU) No 282/2014 commence
from 1 January 2014 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 take
place from 1 January 2014.

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in
paragraph 1 of Article 16 of Protocol 31 to the EEA Agreement:

‘-            32014 R 0282: Regulation
(EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014
on the establishment of a third Programme for the Union's action in the field
of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86,
21.3.2014, p. 1).

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.

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

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 86, 21.3.2014, p. 1.

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