# EUR-Lex - 52012PC0195 - EN

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# 52012PC0195

**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 (on cooperation in specific fields outside the four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement /* COM/2012/0195 final - 2012/0097 (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, research and
technological development.

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
(on cooperation in specific fields outside the four freedoms) and Protocol 37
(containing the list provided for in Article 101) to the EEA Agreement.

This concerns Regulation (EU) No 912/2010
of the European Parliament and of the Council of 22 September 2010 setting up
the European Global Navigation Satellite System (GNSS) Agency, repealing
Council Regulation (EC) No 1321/2004 on the establishment of structures for the
management of the European satellite radio navigation programmes and amending
Regulation (EC) No 683/2008 of the European Parliament and of the Council.

For the purpose of the implementation of this
act, certain adaptations are proposed:

(a)
Liechtenstein is neither to participate in, nor
contribute financially to the GNSS Agency,

(b)
The participation of Iceland in the GNSS
programmes is to be suspended temporarily, due to economic constraints.

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.

2012/0097 (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 (on cooperation in specific fields
outside the four freedoms) and Protocol 37 (containing the list provided for in
Article 101) 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 172 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 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 (EU) No 912/2010 of the European Parliament and of the Council of 22
September 2010 setting up the European GNSS Agency, repealing Council
Regulation (EC) No 1321/2004 on the establishment of structures for the
management of the European satellite radio navigation programmes and amending
Regulation (EC) No 683/2008 of the European Parliament and of the Council[2].

(3)       Protocol 31 to the
Agreement should therefore be amended in order to allow for this extended
cooperation to take place. As regards the participation of Norway, account
should also be taken in this regard of the Cooperation Agreement on Satellite
Navigation between the European Union and its Member States and Norway[3], and in particular its Article
6 on security. Due to economic constraints, the participation of Iceland in the
GNSS programmes should be suspended temporarily.

(4)       For the Agreement to
function well, Protocol 37 to the Agreement is to be extended to include the
Security Accreditation Board for European GNSS systems and the Administrative
Board set up by Regulation (EU) No 912/2010, and Protocol 31 is to be amended
in order to specify the procedures for participation,

(5)       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
within the EEA Joint Committee on the proposed amendment to Protocol 31 and
Protocol 37 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 (06.03.2012)

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Protocol 31 (on cooperation in specific fields outside the four freedoms) and
Protocol 37 (containing the list provided for in Article 101) 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 Articles 86, 98 and 101 thereof,

Whereas:

(1)
Protocol 31 to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[4].

(2)
Protocol 37 to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[5].

(3)
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include Regulation (EU) No 912/2010
of the European Parliament and of the Council of 22 September 2010 setting up
the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the
establishment of structures for the management of the European satellite radio
navigation programmes and amending Regulation (EC) No 683/2008 of the European
Parliament and of the Council[6].

(4)
Protocol 31 to the Agreement should therefore be
amended in order to allow for this extended cooperation to take place. As
regards the participation of Norway, account should also be taken in this
regard of the Cooperation Agreement
on Satellite Navigation between the European Union and its Member States and
Norway[7],
and in particular its article 6 on security. However, due to economic
constraints, the participation of Iceland in the GNSS programmes should be
suspended temporarily.

(5)
For the Agreement to function well, Protocol 37
to the Agreement is to be extended to include the Security Accreditation Board
for European GNSS systems and the Administrative Board set up by Regulation
(EU) No 912/2010, and Protocol 31 is to be amended in order to specify the
procedures for participation,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 (Research and technological
development) of Protocol 31 to the Agreement shall be amended as follows:

1.           The text of paragraph 8 shall be
replaced by the following:

‘(a)    The EFTA States shall fully participate
in the European GNSS Agency, hereinafter referred to as the “Agency”, as set up
by the following Union act:

-        32010 R 0912: Regulation (EU)
No 912/2010 of the European Parliament and of the Council of 22 September 2010
setting up the European GNSS Agency, repealing Council Regulation (EC) No
1321/2004 on the establishment of structures for the management of the European
satellite radio navigation programmes and amending Regulation (EC) No 683/2008
of the European Parliament and of the Council (OJ L 276, 20.10.2010, p. 11).

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

(c)     The EFTA States shall participate
fully, without the right to vote, in the Administrative Board of the Agency and
in the Security Accreditation Board of the Agency.

(d)     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 law.

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

(f)      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.

(g)     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.

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

(i)      With regard to Iceland, this
paragraph shall be suspended until otherwise decided by the EEA Joint
Committee.

(j)      This paragraph shall not apply to
Liechtenstein.’

2.           The following shall be added in
point (a) of paragraph 8a:

‘, as amended by:

-        32010 R 0912: Regulation (EU)
No 912/2010 of the European Parliament and of the Council of 22 September 2010
(OJ L 276, 20.10.2010, p. 11).’

Article 2

Protocol 37 to the Agreement shall be
amended as follows:

1.           The texts of points 30 and 31
shall be deleted.

2.           The following points shall be
inserted:

‘34.   The Security Accreditation Board for
European GNSS systems (Regulation (EU) No 912/2010).

35.    The Administrative Board (Regulation
(EU) No 912/2010).’

Article 3

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 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 276, 20.10.2010, p. 11.

[3]               OJ L 283/12, 29.10.2010

[4]               OJ L ...

[5]               OJ L ...

[6]               OJ L 276, 20.10.2010, p. 11.

[7]               OJ L 283/12, 29.10.2010

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