# EUR-Lex - 52014PC0091 - EN

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# 52014PC0091

**Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of an Agreement on the participation of the Republic of Croatia in the European Economic Area and the related Protocol, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/091 final - 2014/0047 (NLE) */**

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EXPLANATORY MEMORANDUM

The Agreement on the European Economic
Area, hereinafter referred to as ‘the EEA Agreement’, was signed on 2 May 1992
and entered into force on 1 January 1994.

According to the Act of Accession of the Republic of Croatia, Croatia undertakes to accede, under the conditions laid down in the Act,
to the Agreement on the European Economic Area, in accordance with Article 128
of that Agreement.

The attached proposal creates the legal
instrument for the conclusion of the Agreement on the participation of the
Republic of Croatia in the European Economic Area (‘the Agreement’) and of the
related Additional Protocol to the Agreement between
the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism
for the period 2009-2014 consequent to the participation of the Republic of
Croatia in the European Economic Area (‘the Protocol’) to take account
of the accession of the Republic of Croatia to the European Union.

On 4 September 2012[1], the
Council authorised the Commission to open negotiations with the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway to amend the
EEA Agreement and the Agreement between the Kingdom of Norway and the European
Union on a Norwegian Financial Mechanism for the period 2009-2014. The
negotiations with Iceland, Liechtenstein and Norway were successfully concluded
by the initialling of:

(1)     the Agreement;

(2)     the Protocol; and

(3)     two additional protocols, namely:

(a) the Additional Protocol to the Agreement between the European
Economic Community and the Republic of Iceland consequent to the accession of
the Republic of Croatia to the European Union; and

(b) the Additional Protocol to the Agreement between the European
Economic Community and the Kingdom of Norway consequent to the accession of the
  Republic of Croatia to the European Union.

These
two additional protocols are part of a package with the current Agreement and
Protocol but are contained in two separate proposals.

The proposed Agreement makes the Republic of Croatia a contracting party to the EEA Agreement and commits the EU to providing an authentic
version of the EEA Agreement in the new official language of the EU. The
Protocol includes Croatia in the Norwegian Financial Mechanism.

The provisional
application of the Agreement and the Protocol is envisaged as of the date
stipulated by an exchange of letters between the Parties, pending the
completion of the relevant procedures for its formal conclusion and entry into
force.

The Commission has judged the results of
the negotiations to be satisfactory and asks the Council to adopt the attached
decision on the conclusion of the Agreement and the related Protocol.

2014/0047 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the
European Union and its Member States, of an Agreement on the participation of
the Republic of Croatia in the European Economic Area and the related Protocol,
to take account of the accession of the Republic of Croatia to the European
Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the
Treaty on the Functioning of the
European Union, and in particular Article 217 in
conjunction with Article 218(6) and the second subparagraph of Article 218(8) thereof,

Having regard to the
Act of Accession of the Republic of Croatia, and in particular Article 6(2) and
6(5) thereof,

Having regard to the
proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)       The Agreement on the European Economic Area[2] (‘the EEA Agreement’)
was signed in Oporto on 2 May 1992.

(2)       The Republic of Croatia became a Member State of the European Union on 1 July 2013.

(3)       Under Article 6(5) of the
Act of Accession of the Republic of Croatia, Croatia undertakes to accede,
under the conditions laid down in the Act, to the Agreement on the European
Economic Area, in accordance with Article 128 of that Agreement.

(4)       On 4 September 2012, the
Council authorised the Commission to open negotiations with the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway to amend the
EEA Agreement and the Agreement between the Kingdom of Norway and the European
Union on a Norwegian Financial Mechanism for the period 2009-2014. The
Agreement on the participation of the Republic of Croatia in the European
Economic Area (‘the Agreement’), and the related Additional Protocol to the
Agreement between the Kingdom of Norway and the European Union on a Norwegian
Financial Mechanism for the period 2009-2014 consequent to the participation of
the Republic of Croatia in the European Economic Area (‘the Protocol’), were signed in Brussels on (...). They
should now be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement on the participation of the
Republic of Croatia in the European Economic Area and the related Additional Protocol to the Agreement between the Kingdom of
Norway and the European Union on a Norwegian Financial Mechanism for the period
2009-2014 consequent to the participation of the Republic of Croatia in the
European Economic Area, to take account of the accession of the Republic
of Croatia to the European Union, are hereby approved on behalf of the European
Union and its Member States.

Article 2

The President of the Council shall
designate the person empowered, on behalf of the European Union, to deposit the
instrument of approval provided for in Article 6 of the
Agreement, in order to express the consent of the European Union to be bound by
the Agreement.

Article 3

This Decision shall enter into force on ....

Done at Brussels,

For
the Council

The
President

[1]               Council decision authorising the Commission to open
negotiations for the adaptation of the Agreement on the European Economic Area
and the Agreement between the Kingdom of Norway and the European Union on a
Norwegian Financial Mechanism for the period 2009-2014, in view of the
enlargement of the European Union to Croatia (Council doc. 12865/12 LIMITED).

[2]               OJ ....