# EUR-Lex - 52012PC0295 - EN

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# 52012PC0295

**Proposal for a COUNCIL DECISION on the position to be taken by 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/2012/0295 final - 2012/0156 (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.

Art. 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, research and
technological development.

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 to include cooperation in
the framework of the European Earth monitoring programme (GMES).

This concerns Regulation (EU) No 911/2010 of
the European Parliament and of the Council of 22 September 2010 on the European
Earth monitoring programme (GMES) and its initial operations (2011 to 2013)[1].

(a)
Liechtenstein is neither to participate in, nor
contribute financially to the GMES programme,

(b)
The participation of Iceland in the GMES
programmes is to be suspended temporarily, due to economic constraints.

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.

2012/0156 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by 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 189, 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 1st January 1994.

(2)       Pursuant to Article 98 of
the EEA Agreement, the EEA Joint Committee may decide to amend, among others, Protocol
31 thereto.

(3)       Protocol 31 to the EEA
Agreement 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 911/2010 of the European Parliament and of the
Council of 22 September 2010 on the European Earth monitoring programme (GMES)
and its initial operations (2011 to 2013).

(5)                   Protocol 31 to
the EEA Agreement should therefore be amended accordingly.

(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 taken by 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.

Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the EEA Joint Committee
without further decision of the Council.

Article 2

After its adoption, the Decision of the EEA
Joint Committee shall be published in the Official Journal of the European
Union.

Article 3

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

Annex

DECISION
OF THE EEA JOINT COMMITTEE
No

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, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Articles 86 and 98 thereof,

Whereas:

(1)
Protocol 31 to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[4].

(2)
A comprehensive Earth monitoring system is of
central importance to the sustainable management of Northern Europe and the
Arctic.

(3)
Norway has contributed to the development of the
European Earth Monitoring programme (GMES), both in the Seventh Framework
Programme of the European Community for research, technological development and
demonstration activities (2007-2013) and as member of the European Space Agency

(4)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include Regulation (EU) No 911/2010
of the European Parliament and of the Council of 22 September 2010 on the
European Earth monitoring programme (GMES) and its initial operations (2011 to
2013)[5].

(5)
Protocol 31 to the Agreement should therefore be
amended in order to allow for this extended cooperation to take place from 1
January 2012,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Protocol 31 to the Agreement
shall be amended as follows:

1.           The text of paragraph 6 shall be
replaced by the following:

‘Evaluation and major direction of activities
in the framework programmes of Union activities in the field of research and
technological development referred to in paragraphs 5, 8a, 8c, 9 and 10 shall
be governed by the procedure referred to in Article 79(3) of the Agreement.’

2.           The following paragraph shall be
inserted after paragraph 8b:

‘8c.   (a)     The EFTA States shall, as
from 1 January 2012, participate in the activities which may result from the
following Union act:

-        32010 R 0911: Regulation (EU) No 911/2010 of the European Parliament and of the
Council of 22 September 2010 on the European Earth monitoring programme (GMES)
and its initial operations (2011 to 2013) (OJ L 276, 20.10.2010, p. 1).

(b)     The EFTA States shall contribute
financially to the activities referred to under (a) in accordance with Article
82(1)(a) of and Protocol 32 to the Agreement.

(c)     The EFTA States shall participate
fully, without the right to vote, in all the Union committees which assist the
European Commission in the management, development and implementation of the
activities referred to under (a), namely the GMES Committee, the Security Board
and the User Forum.

(d)     This paragraph shall not apply to
Liechtenstein.

(e)     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 to the EEA Joint Committee under Article
103(1) of the Agreement*.

It shall apply from 1 January 2012.

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 276, 20.10.2010, p. 1.

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

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

[4]               OJ L ...

[5]               OJ L 276, 20.10.2010, p. 1.

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