# EUR-Lex - 52014PC0302 - EN

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# 52014PC0302

**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/2014/0302 final - 2014/0156 (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 should strengthen and broaden cooperation in the
framework of the Union’s activities in the fields of, inter alia, information
services, and  research and innovation.

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 the
area of information services, and  research and innovation.

In order to extend the cooperation of the
Contracting Parties to the EEA Agreement Regulation (EU) No 1316/2013 of the
European Parliament and of the Council of 11 December 2013 establishing the
Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing
Regulations (EC) No 680/2007 and (EC) No 67/2010[1]
needs to be incorporated in the EEA Agreement.

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.

It should be noted that the EFTA States will
only participate in the telecommunications sector of the Connecting Europe
Facility and Liechtenstein will 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.

2014/0156 (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 172 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 1316/2013 of the European Parliament and of the
Council[4].

(5)       Protocol 31 should
therefore be amended accordingly.

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

(7)       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
date of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 348, 20.12.2013, p. 129.

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

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

[4]               Regulation (EU) No 1316/2013 of the European
Parliament and of the Council. of 11 December 2013 establishing the Connecting
Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations
(EC) No 680/2007 and (EC) No 67/2010, (OJ L 348, 20.12.2013, p. 129.)

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
1316/2013 of the European Parliament and of the Council of 11 December 2013
establishing the Connecting Europe Facility, amending Regulation (EU) No
913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010[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

The following is added in Paragraph 5 of
Article 2 of Protocol 31 to the EEA Agreement:

‘-            32013 R 1316: Regulation
(EU) No 1316/2013 of the European Parliament and of the Council of 11 December
2013 establishing the Connecting Europe Facility, amending Regulation (EU) No
913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348,
20.12.2013, p. 129).

The EFTA States shall only participate in the telecommunications
sector of the Connecting Europe Facility.

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 348, 20.12.2013, p. 129.

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