# EUR-Lex - 52012PC0231 - EN

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# 52012PC0231

**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/2012/0231 final - 2012/0116 (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 European Union legislation into the EEA Agreement as
soon as possible after its adoption and also allow for the participation of the
EEA EFTA States in EEA relevant EU actions, activities or programmes.

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, the
environment.

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.

First of all, cooperation would be extended
to include Regulation (EC) No 401/2009 of the European Parliament and of the
Council of 23 April 2009 on the Environment Agency and the European Environment
Information and Observation Network. Secondly, cooperation would be extended to
the field of sport.

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.

2012/0116 (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 Articles 165 and 192(1) 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[1], and in particular
Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Protocol 31 to the
Agreement on the European Economic Area, (hereinafter referred to as "the
EEA Agreement") contains provisions and arrangements concerning
cooperation in specific fields outside the four freedoms.

(2)       It is appropriate to
extend the cooperation of the Contracting Parties to the Agreement to include
Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23
April 2009 on the Environment Agency and the European Environment Information
and Observation Network[2].

(3)       It is appropriate to
extend the cooperation of the Contracting Parties to the Agreement to the field
of sport.

(4)       Regulation (EC) No
401/2009 repeals Council Regulation (EEC) No 1210/90[3]
which is incorporated into the Agreement and which is consequently to be
repealed under the Agreement.

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

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
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
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)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include Regulation (EC) No 401/2009
of the European Parliament and of the Council of 23 April 2009 on the
Environment Agency and the European Environment Information and Observation
Network[5].

(3)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to the field of sport.

(4)
Regulation (EC) No 401/2009 repeals Council
Regulation (EEC) No 1210/90[6] which is incorporated
into the Agreement and which is consequently to be repealed under the Agreement.

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

HAS ADOPTED THIS DECISION:

Article 1

Protocol 31 to the Agreement shall be
amended as follows:

1.           Paragraph 2 of Article 3 of
Protocol 31 to the EEA Agreement shall be replaced by the following:

‘(a)    The EFTA States shall participate
fully in the European Environment Agency, hereinafter referred to as the
‘Agency’, and the European Environment Information and observation network, as
set up in Regulation (EC) No 401/2009 of the European Parliament and of the
Council[7].

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

(c)     The EFTA States shall, in consequence
of (b), participate fully, without the right to vote, in the Agency Management
Board and shall be associated with the work of the scientific committee of the
Agency.

(d)     The term ‘Member State(s)’ and other
terms referring to their public entities contained in Articles 4 and 5 of the
Regulation shall be understood to include, in addition to its meaning in the
Regulation, the EFTA States and their public entities.

(e)     Environmental data supplied to or
emanating from the Agency may be published and shall be made accessible to the
public, provided that confidential information is afforded the same degree of
protection in the EFTA States as it is afforded within the Community.

(f)      The Agency shall have legal
personality. It shall enjoy in all the states of the Contracting Parties the
most extensive legal capacity accorded to legal persons under their laws.

(g)     EFTA States shall apply to the Agency
the Protocol of Privileges and Immunities of the European Communities.

(h)     By way of derogation from Article 12
(2) (a) of the Conditions of employment of other servants of the European
Communities, nationals of the EFTA States enjoying their full rights as
citizens may be engaged under contract by the Executive Director of the Agency.

(i)      By virtue of Article 79 (3), Part VII
(Institutional Provisions) of the Agreement shall apply to this paragraph.

(j)      Regulation (EC) No 1049/2001 of the European Parliament
and the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents shall, for the application of Regulation (EC)
No 401/2009, apply to any documents of the Agency regarding the EFTA States as
well.

2.           The heading of Article 4
(Education, training and youth) shall be replaced by the following:

‘Education, training, youth and sport’’

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*.

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 305, 30.11.1994, p. 6.

[2]               OJ L 126, 21.5.2009, p. 13.

[3]               OJ L 120, 11.5.1990, p. 1.

[4]               OJ L ...

[5]               OJ L 126, 21.5.2009, p. 13.

[6]               OJ L 120, 11.5.1990, p. 1.

[7]               OJ L 126, 21.5.2009, p. 13.

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