# EUR-Lex - 52013PC0099 - EN

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# 52013PC0099

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement /* COM/2013/099 final - 2013/0056 (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, social policy.

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

This concerns participation of EFTA EEA
states in the actions funded from the following budget lines, entered in the
general budget of the European Union for the financial year 2013:

- 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”

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.

2013/0056 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union,
in the EEA Joint Committee
concerning an amendment to Protocol 31
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 Articles- 46 and 48, 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)       The Agreement on the
European Economic Area[2]
(“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)       It is appropriate to extend
the cooperation of the Contracting Parties to the EEA Agreement to the actions
funded from the 04 01 04 08 and 04 03 05 budget lines for the financial year 2013.

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

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

(2)
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place from 1 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

Paragraphs 5 and 12 of Article 5 of
Protocol 31 to the EEA Agreement shall be amended as follows:

The words “year 2012” are replaced by “years
2012 and 2013”.

Article 2

This Decision shall enter into force on the
day following the last notification 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 305, 30.11.1994, p. 6.

[2]               OJ L 1, 3.1.1994, p. 3.

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