# EUR-Lex - 52013PC0091 - EN

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# 52013PC0091

**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 Annex XXI to the EEA Agreement /* COM/2013/091 final - 2013/0054 (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.

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) to the EEA Agreement by incorporating Commission Regulation (EU)
No 555/2012 of 22 June 2012 amending Regulation (EC) No 184/2005 of the
European Parliament and of the Council on Community statistics concerning
balance of payments, international trade in services and foreign direct investment,
as regards the update of data requirements and definitions.

The draft Decision of the EEA Joint
Committee provides for exemptions for Norway and Iceland not to report balance
of payments data on a monthly basis to Eurostat as required in Table 1 of Annex
1 in the Annex of Commission Regulation (EU) No 555/2012 of 22 June 2012
amending Regulation (EC) No 184/2005 of the European Parliament and of the
Council since such data is either not produced in such frequency or would
necessitate the complete reorganisation of the data collection framework, while
Liechtenstein is exempted from the application of this Regulation based on
point 19s of Annex XXI to the EEA Agreement

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.

2013/0054 (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 Annex XXI
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 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)       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, Annex
XXI thereto.

(3)       Annex XXI to the EEA
Agreement contains specific provisions and arrangements concerning Statistics

(4)       Commission Regulation (EU)
No 555/2012 of 22 June 2012 amending Regulation (EC) No 184/2005 of the European
Parliament and of the Council on Community statistics concerning balance of
payments, international trade in services and foreign direct investment, as
regards the update of data requirements and definitions[3] should be incorporated in the
EEA Agreement, with certain adaptations for Norway, Iceland and Liechtenstein.

(5)       Annex XXI 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 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

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 (“the EEA Agreement”), and in particular Article 98
thereof,

Whereas:

(1)
Commission Regulation (EU) No 555/2012 of 22
June 2012 amending Regulation (EC) No 184/2005 of the European Parliament and
of the Council on Community statistics concerning balance of payments,
international trade in services and foreign direct investment, as regards the
update of data requirements and definitions[4]
is to be incorporated into the EEA Agreement.

(2)
Annex XXI to the EEA Agreement should therefore
be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Point 19s (Regulation (EC) No 184/2005 of
the European Parliament and of the Council) of Annex XXI to the EEA Agreement
shall be amended as follows:

1.           The following indent is added:

‘-       32012 R 0555: Commission
Regulation (EU) No 555/2012 of 22 June 2012 (OJ L 166, 27.6.2012, p. 22).’

2.           The text of the adaptation is
replaced by the following:

‘(a)    Points 1 and 2 of Table 1 of Annex I
shall not apply to Norway.

(b)     Table 1 of Annex I shall not apply to
Iceland before May 2017.

(c)     This Regulation shall not apply to
Liechtenstein.’

Article 2

The texts of Regulation (EU) No 555/2012 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 EEA Agreement
have been made*.

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 1, 3.1.1994, p. 3.

[3]               OJ L 166, 27.6.2012, p. 22.

[4]               OJ L 166, 27.6.2012, p. 22.

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