# EUR-Lex - 52012PC0097 - EN

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# 52012PC0097

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms /* COM/2012/097 final - 2012/0043 (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.

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, civil protection.

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 by including within its scope
Council Directive 2008/114/EC of 8 December 2008 on the identification and
designation of European critical infrastructures and the assessment of the need
to improve their protection.

2.           By virtue of Art. 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.

2012/0043 (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 196 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,

(3)
Protocol 31 to the Agreement should therefore be
amended in order to allow for this extended cooperation, by including within
its scope Council Directive 2008/114/EC of 8 December 2008 on the identification
and designation of European critical infrastructures and the assessment of the
need to improve their protection,

(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

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 ...[2].

(2)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include Council Directive
2008/114/EC of 8 December 2008 on the identification and designation of
European critical infrastructures and the assessment of the need to improve
their protection[3],

HAS ADOPTED THIS DECISION:

Article 1

The following paragraph shall be inserted
after paragraph 8 of Article 10 of Protocol 31 to the Agreement:

‘9.          (a)      The Contracting Parties
shall cooperate with each other in the fields covered by the following act:

-        32008 L 0114: Council Directive 2008/114/EC of 8 December 2008 on the
identification and designation of European critical infrastructures and the
assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.
75).

(b)     With a view to achieving the aims set
out in Directive 2008/114/EC, the Contracting Parties shall make use of the
appropriate forms of cooperation mentioned in Article 80 of the Agreement.

(c)      By virtue of Article 79(3) of the
Agreement Part VII (Institutional Provisions) of the Agreement, with the
exception of Sections 1 and 2 of Chapter 3, shall apply to this paragraph.’

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 ...

[3]               OJ L 345, 23.12.2008, p. 75.

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