# EUR-Lex - 52012PC0592 - EN

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# 52012PC0592

**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 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement /* COM/2012/0592 final - 2012/0286 (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 terminate the suspension of Iceland's participation 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].

The participation of Iceland in the GMES
programme had been suspended temporarily, due to economic constraints, when
Regulation No 911/2010 was incorporated in the EEA Agreement by Decision of the
EEA Joint Committee No 139/2012. It is now considered appropriate to terminate
the temporary suspension of the participation of Iceland in the GMES 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.

2012/0286 (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 (on cooperation in specific fields outside the four freedoms) to the EEA
Agreement

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 1 January 1994.

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

(3)       Protocol 31 to the EEA
Agreement contains specific provisions and arrangements concerning cooperation
in specific fields outside the four freedoms.

(4)       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)[4]
was incorporated into the Agreement by Decision of the EEA Joint Committee No
139/2012[5].

(5)       Decision of the EEA Joint
Committee No 139/2012 provided for the suspension of the applicability of the
Regulation to Iceland, until otherwise decided by the EEA Joint Committee.

(6)       It is appropriate to
terminate the suspension of the applicability of the Regulation to Iceland from
1 January 2013.

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

(8)       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.

Article 2

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

Done at Brussels,

For
the Council

The
President

ANNEX

DRAFT

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 (“the EEA Agreement”), and in particular Articles 86 and
98 thereof,

Whereas:

(1)
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)[6] was incorporated into the
Agreement by Decision of the EEA Joint Committee No 139/2012[7].

(2)
The suspension of the applicability of the
Regulation to Iceland should be terminated.

(3)
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this termination to take effect from
1 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

In paragraph 8c of Article 1 of Protocol 31
to the EEA Agreement, adaptation (e) shall be deleted.

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 EEA Agreement*.

It shall apply from 1 January 2013.

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 276, 20.10.2010, p. 1.

[5]               OJ L ...

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

[7]               OJ L ...

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