# EUR-Lex - 52014PC0525 - EN

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# 52014PC0525

**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 (Galileo) /* COM/2014/0525 final - 2014/0243 (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 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, Decision No 1104/2011/EU of the
European Parliament and of the Council of 25 October 2011 on the rules for
access to the public regulated service provided by the global navigation
satellite system established under the Galileo programme[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.

It should be noted that Liechtenstein decided not to participate in this activity and participation of Iceland shall be suspended until otherwise decided by the EEA Joint Committee.

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.

2014/0243 (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 (Galileo)

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 Decision No 1104/2011/EU of the European Parliament and of the Council[4].

(5)       Protocol 31 should
therefore be amended accordingly.

(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, 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 287, 4.11.2011, p. 1.

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

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

[4]               Decision No 1104/2011/EU of the European Parliament
and of the Council of 25 October 2011 on the rules for access to the public
regulated service provided by the global navigation satellite system
established under the Galileo programme (OJ L 287, 4.11.2011, p. 1)

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) 
Norway has participated and contributed
financially to the activities of the European GNSS Programmes resulting from
the Regulation (EC) No 683/2008 of the European Parliament and of the Council[1] and will continue to
participate and contribute financially to the activities resulting from
Regulation (EU) No 1285/2013[2]
through the inclusion of those Regulations in Protocol 31 to the EEA Agreement.

(2) 
Norway and Iceland have an interest in all services to be offered by the system established under the
Galileo Programme, including the Public Regulated Service (“PRS”).

(3) 
It is therefore appropriate to extend the
cooperation of the Contracting Parties to the EEA Agreement to include Decision
No 1104/2011/EU of the European Parliament and of the Council of 25 October
2011 on the rules for access to the public regulated service provided by the
global navigation satellite system established under the Galileo programme[3].

(4) 
Norway may become a PRS
participant subject to the conditions referred to in Article 3(5) of
Decision No 1104/2011/EU.

(5) 
The Agreement between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information[4], which was signed on 22
November 2004, applies as of 1 December 2004.

(6) 
The Cooperation Agreement on Satellite
Navigation between the European Union and its Member States and the Kingdom of Norway[5],
which was signed on 22 September 2010, applies provisionally as of 1 May 2011.

(7) 
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place,

HAS ADOPTED THIS DECISION:

Article 1

The following paragraph is inserted after
paragraph 8c in Article 1 of Protocol 31 to the EEA Agreement:

‘8d.        (a)     The EFTA States
shall participate in the activities which may result from the following Union
act:

-        32011 D 1104: Decision No
1104/2011/EU of the European Parliament and of the Council of 25 October 2011
on the rules for access to the public regulated service provided by the global
navigation satellite system established under the Galileo programme (OJ L 287,
4.11.2011, p. 1).

(b)     The EFTA States may become PRS
participants subject to the conclusion of the agreements referred to in Article
3(5)(a) and (b) of Decision No 1104/2011/EU.

(c)     The participation of EFTA States in
the various committees and groups of experts related to the PRS shall be
addressed in their corresponding rules of procedure.

(d)     Article 10 of Decision No 1104/2011/EU
shall not apply to the EFTA States.

(e)     This
paragraph shall not apply to Liechtenstein.

(f)     With regard to Iceland, this paragraph shall be suspended until otherwise decided by the EEA Joint
Committee.’

Article 2

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

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 196, 24.7.2008, p.1

[2]               OJ L 347, 20.12.2013, p.1

[3]               OJ L 287, 4.11.2011, p. 1.

[4]               OJ L 362, 9.12.2004, p. 29.

[5]               OJ L 283, 29.10.2010, p. 12.

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