# EUR-Lex - 52012PC0235 - EN

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# 52012PC0235

**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/2012/0235 final - 2012/0119 (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 and also allow for the participation of the EEA EFTA States
in EEA relevant EU actions, activities or programmes.

Article 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, social policy.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

1.           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 concerning
free movement of workers, coordination of social security systems and measures
for migrants, including migrants from third countries.

2.           This amendment aims to
allow the EFTA States to participate, as from 1st January 2012, in
the actions funded from the following budget lines, entered in the general
budget of the European Union for the financial year 2012: Budget line 04 01 04
08 “Free movement of workers, coordination of social security systems and
measures for migrants, including migrants from third countries – Expenditure on
administrative management” and Budget line 04 03 05 “Free movement of workers,
coordination of social security systems and measures for migrants, including
migrants from third countries”.

3.           By virtue of Article 79
(3), and without prejudice to Article 80 of the EEA Agreement, Part VII (Institutional
Provisions) of the Agreement shall partly apply to this cooperation.

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.

2012/0119 (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 46, 48 and 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 specific 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 activities
outside the four freedoms, including cooperation concerning free movement of
workers, coordination of social security systems and measures for migrants,
including migrants from third countries,

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

(4)       The position of the Union
within 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 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 (05/03/2012)

DECISION
OF THE EEA JOINT COMMITTEE
No

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 ...[2].

(2)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include cooperation concerning free
movement of workers, coordination of social security systems and measures for
migrants, including migrants from third countries.

(3)
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 5 of Protocol 31 to the Agreement
shall be amended as follows:

1.           The following paragraph shall be
inserted after paragraph 11:

‘12.   The EFTA States shall, as from 1
January 2012, participate in the actions funded from the following budget
lines, entered in the general budget of the European Union for the financial
year 2012:

-        Budget line 04 01 04 08: “Free
movement of workers, coordination of social security systems and measures for
migrants, including migrants from third countries – Expenditure on
administrative management”,

-        Budget line 04 03 05: “Free
movement of workers, coordination of social security systems and measures for
migrants, including migrants from third countries”.’

2.           The words “and in the programme
referred to in the twelfth indent as from 1 January 2009” in paragraph 5 shall
be replaced by “, in the programme referred to in the twelfth indent as from 1
January 2009 and in the actions funded from the budget lines for the financial
year 2012 referred to in paragraph 12 as from 1 January 2012 “.

3.           The words “paragraph 8” in
paragraphs 6 and 7 shall be replaced by the words “paragraphs 8 and 12”.

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 305, 30.11.1994, p. 6.

[2]               OJ L ...

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