# EUR-Lex - 52012PC0232 - EN

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# 52012PC0232

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XX (Environment) to the EEA Agreement /* COM/2012/0232 final - 2012/0115 (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 Union legislation into the EEA Agreement as soon as
possible after its adoption.

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 Annex XX
(Environment) to the EEA Agreement.

More concretely, this amendment aims to
incorporate certain Commission regulations implementing Directive 2007/2/EC establishing
an Infrastructure for Spatial Information in the European Community (INSPIRE).

Directive 2007/2/EC was incorporated into
the Agreement by EEA Joint Committee Decision (JCD) No 55/2010 of 30 April
2010.[1] The Decision entered into
force on 1 July 2011.

Commission Decision 2009/442/EC
implementing Directive 2007/2/EC as regards monitoring and reporting and
Commission Regulation (EC) No 1205/2008 implementing Directive 2007/2/EC as
regards metadata were incorporated into the Agreement by EEA JCD No 124/2010 of
10 November 2010.[2] This Decision also
entered into force on 1 July 2011.

JCD No 55/2010 contains adaptations in
relation to certain time limits set under Directive 2007/2/EC. The adaptations
indicate that those time limits will run from either the date of entry into
force of the JCD incorporating the corresponding implementing rules (JCD No
124/2010) or the date of entry into force of JCD No 55/2010.

The EFTA States explained that if the
adaptation text foreseen in EEA JCD No 55/2010 is maintained and a similar
one is provided for in relation to the new EU acts to be incorporated, the
actions to be carried out by the EFTA States would no longer be in the same
chronological and logical order as those by the EU Member States.

In order to remedy this situation, the EFTA
States consider that it would be necessary to refer to all dates and time
limits set in the relevant EU acts rather than to the date of entry into force
of the EEA JCDs. Furthermore, in order to take into account the fact that JCD No
55/2010 was adopted three years after the Directive itself, the EFTA States consider
it appropriate that an additional period of three years is added to all related
dates and time limits set in the relevant EU acts.

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.

2012/0115 (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 Annex XX (Environment) 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 192(1) in conjunction with 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[3], and in particular Article
1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Commission Regulation (EC)
No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of
the European Parliament and of the Council as regards the Network Services[4]
is to be incorporated into the EEA Agreement.

(2)       Commission Regulation (EU)
No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the
European Parliament and of the Council as regards the access to spatial data
sets and services of the Member States by Community institutions and bodies
under harmonised conditions[5] is to be incorporated
into the EEA Agreement.

(3)       Commission Regulation (EU)
No 1088/2010 of 23 November 2010 amending Regulation (EC) No 976/2009
as regards download services and transformation services[6]
is to be incorporated into the EEA Agreement.

(4)       Commission Regulation (EU)
No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of
the European Parliament[7] is to be incorporated
into the EEA Agreement.

(5)       Commission Regulation (EU)
No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010
implementing Directive 2007/2/EC of the European Parliament and of the Council
as regards interoperability of spatial data sets and services[8]
is to be incorporated into the EEA Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
the EEA Joint Committee on the proposed amendment to Annex XX (Environment) 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

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex XX (Environment) to the EEA Agreement

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 Article 98 thereof,

Whereas:

(1)
Annex XX to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[9].

(2)
Commission Regulation (EC) No 976/2009 of
19 October 2009 implementing Directive 2007/2/EC of the European
Parliament and of the Council as regards the Network Services[10]
is to be incorporated into the EEA Agreement.

(3)
Commission Regulation (EU) No 268/2010 of
29 March 2010 implementing Directive 2007/2/EC of the European Parliament
and of the Council as regards the access to spatial data sets and services of
the Member States by Community institutions and bodies under harmonised
conditions[11] is to be incorporated
into the EEA Agreement.

(4)
Commission Regulation (EU) No 1088/2010 of
23 November 2010 amending Regulation (EC) No 976/2009 as regards download
services and transformation services[12] is to be incorporated
into the EEA Agreement.

(5)
Commission Regulation (EU) No 1089/2010 of
23 November 2010 implementing Directive 2007/2/EC of the European
Parliament[13] is to be incorporated
into the EEA Agreement.

(6)
Commission Regulation (EU) No 102/2011 of 4
February 2011 amending Regulation (EU) No 1089/2010 implementing Directive
2007/2/EC of the European Parliament and of the Council as regards
interoperability of spatial data sets and services[14]
is to be incorporated into the EEA Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Annex XX to the Agreement shall be amended
as follows:

1.           The text of adaptations (a) and
(b) of point 1j (Directive 2007/2/EC of the European Parliament and of the
Council) shall be replaced by the following:

‘(a)    With regard to the EFTA States, the
time limits set in Articles 6(a), 6(b) and 7(3) shall be understood to include
an additional period of three years.

(b)     With regard to the EFTA States, the
dates mentioned in Articles 21(2), 21(3) and 24(1) shall be understood to
include an additional period of three years.’

2.           The following adaptation shall be
added in point 1jb (Commission Decision 2009/442/EC):

‘The provisions of the Decision
shall, for the purposes of this Agreement, be read with the following
adaptations:

(a)     With regard to the EFTA States, the
year mentioned in Article 11(2) second sub-paragraph shall be the same as the
year mentioned in Article 18, as adapted for the EFTA States.

(b)     With regard to the EFTA States, the
date mentioned in Article 18 shall be understood to include an additional
period of three years.’

3.           The following shall be inserted
after point 1jb (Commission Decision 2009/442/EC):

‘1jc.  32009 R 0976: Commission
Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC
of the European Parliament and of the Council as regards the Network Services (OJ
L 274, 20.10.2009, p. 9), as amended by:

–        32010 R 1088: Commission Regulation
(EU) No 1088/2010 of 23 November 2010 (OJ L 323, 8.12.2010, p. 1).

The provisions of the Regulation
shall, for the purposes of this Agreement, be read with the following
adaptation:

With regard to the EFTA States, the
dates mentioned in Article 4 shall be understood to include an additional
period of three years.

1jd.   32010 R 0268: Commission
Regulation (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC
of the European Parliament and of the Council as regards the access to spatial
data sets and services of the Member States by Community institutions and
bodies under harmonised conditions (OJ L 83, 30.3.2010, p. 8).

The provisions of the Regulation
shall, for the purposes of this Agreement, be read with the following
adaptation:

With regard to the EFTA States, the
time limits set in Article 8 shall be understood to include an additional
period of three years.

1je.    32010 R 1089: Commission Regulation
(EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of
the European Parliament and of the Council as regards interoperability of
spatial data sets and services (OJ L 323, 8.12.2010, p. 11), as amended by:

–        32011 R 0102: Commission Regulation
(EU) No 102/2011 of 4 February 2011 (OJ L 31, 5.2.2011, p. 13).’

Article 2

The texts of Commission Regulations (EC) No 976/2009, (EU) No 268/2010,
(EU) No 1088/2010, (EU) No 1089/2010 and (EU) No 102/2011, in the Icelandic and Norwegian languages, to be published
in the EEA Supplement to the Official Journal of the European Union,
shall be authentic.

Article 3

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the Agreement have
been made to the EEA Joint Committee*.

Article 4

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 181,
15.7.2010, p. 23.

[2]               OJ L 58, 3.3.2011, p. 82.

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

[4]               OJ L 274, 20.10.2009, p. 9.

[5]                      OJ L 83, 30.3.2010, p.
8.

[6]               OJ L 323, 8.12.2010, p. 1.

[7]               OJ L 323, 8.12.2010, p. 11.

[8]               OJ L 31, 5.2.2011, p. 13.

[9]               OJ L ...

[10]               OJ L 274, 20.10.2009, p. 9.

[11]                      OJ L 83, 30.3.2010, p.
8.

[12]               OJ L 323, 8.12.2010, p. 1.

[13]               OJ L 323, 8.12.2010, p. 11.

[14]               OJ L 31, 5.2.2011, p. 13.

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