# EUR-Lex - 52012PC0180 - EN

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# 52012PC0180

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XXI (Statistics) /* COM/2012/0180 final - 2012/0090 (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.

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 XXI
(Statistics) by adding new European Union acquis in this field.

This concerns Regulation (EU) No 692/2011
of the European Parliament and of the Council of 6 July 2011 concerning
European statistics on tourism and repealing Council Directive 95/57/EC.

For the purpose of the implementation of this
act, an adaptation is proposed in relation to Liechtenstein. Liechtenstein wishes
to maintain the exemption concerning the collection of data on tourism demand
as required by part C of the Annex of the Council Directive 95/57/EC of 23
November 1995 on the collection of statistical information in the field of
tourism, under Regulation (EU) No 692/2011, which repeals the latter. The
justification for maintaining such exemption is that the data have to be
collected by a sample survey. As the sample size needs to be high in order to
get reliable data, the burden would be very heavy for the Liechtenstein
population.

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.

2012/0090 (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 XXI (Statistics)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 338(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)       Annex XXI to the Agreement
on the European Economic Area ("the EEA Agreement") contains specific
provisions and arrangements concerning statistics.

(2)       Regulation (EU) No
692/2011 of the European Parliament and of the Council of 6 July 2011
concerning European statistics on tourism and repealing Council Directive
95/57/EC[2]
is to be incorporated into the Agreement.

(3)       Regulation (EU) No
692/2011 repeals Council Directive 95/57/EC[3]
which is incorporated into the Agreement and which is consequently to be
repealed under the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union
within the EEA Joint Committee on the proposed amendment to Annex XXI 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

Draft (05.09.2011)

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex XXI (Statistics) 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 XXI to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[4].

(2)
Regulation (EU) No 692/2011 of the European
Parliament and of the Council of 6 July 2011 concerning European statistics on
tourism and repealing Council Directive 95/57/EC[5] is to
be incorporated into the Agreement.

(3)
Regulation (EU) No 692/2011 repeals Council
Directive 95/57/EC[6]
which is incorporated into the Agreement and which is consequently to be
repealed under the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 7c (Council Directive
95/57/EC) of Annex XXI shall be replaced by following:

‘32011 R 0692: Regulation (EU) No
692/2011 of the European Parliament and of the Council of 6 July 2011
concerning European statistics on tourism and repealing Council Directive
95/57/EC (OJ L 192, 22.7.2011, p. 17).

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

Liechtenstein is exempted from collecting the
data required by Annex II of this Regulation.’

Article 2

The texts of Regulation (EU) No 692/2011 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 305, 30.11.1994, p. 6

[2]               OJ L 192, 22.7.2011, p. 17.

[3]               OJ L 291, 6.12.1995, p. 32.

[4]               OJ L ...

[5]               OJ L 192, 22.7.2011, p. 17.

[6]               OJ L 291, 6.12.1995, p. 32.

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