# EUR-Lex - 52015PC0018 - EN

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# 52015PC0018

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee (Croatia Enlargement) /* COM/2015/018 final - 2015/0011 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend the rules of
procedure of the EEA Joint Committee reflecting the Agreement on the
participation of the Republic of Croatia in the European Economic Area (“the
2014 EEA Enlargement Agreement”), signed on 11 April 2014 in Brussels.

The 2014 EEA Enlargement Agreement has been
provisionally applicable to its signatories since 12 April 2014.

The 2014 EEA Enlargement Agreement amends
Article 129(1) of the EEA Agreement to add Croatian to the list of languages of
the EEA Agreement.

The rules of procedure of the EEA Joint
Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of
8 February 1994 and amended by Decision of the EEA Joint Committee No 24/2005
of 8 February 2005[1],
should therefore be amended accordingly.

The Decision of the EEA Joint Committee is
to apply provisionally pending the entry into force of the 2014 EEA Enlargement
Agreement.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) (b) first indent of Council
Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA
Agreement provides that for the purpose of adopting the Union's position
regarding EEA Joint Committee decisions other than those which extend Union
legislation to the EEA, the Council acts, on a proposal from the Commission, by
a simple majority when the decision relates to the Committee's Rules of
Procedure or a question of procedure.

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.

2015/0011 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union,
within the EEA Joint Committee concerning amending the rules of procedure of
the EEA Joint Committee
(Croatia Enlargement)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union,

Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[2],
and in particular Article 1(3) (b) first indent thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The Agreement on the
participation of the Republic of Croatia in the European Economic Area[3] (“the 2014 EEA Enlargement Agreement”)
signed on 11 April 2014 in Brussels, amends Article 129(1) of the EEA Agreement
to add Croatian to the list of languages of the EEA Agreement.

(2)       The rules of procedure of
the EEA Joint Committee, which were adopted by Decision of the EEA Joint
Committee No 1/94 of 8 February 1994[4]
and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February
2005[5], should therefore be
amended accordingly.

(3)       The 2014 EEA Enlargement
Agreement has been provisionally applicable to its signatories since 12 April
2014, and the Decision of the EEA Joint Committee should therefore apply
provisionally pending the entry into force of the 2014 EEA Enlargement
Agreement.

(4)       The position of the Union within the EEA Joint Committee should therefore be based on the attached draft
Decision.

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of
the European Union, within the EEA Joint Committee on the proposed amendment of
the rules of procedure of the EEA Joint Committee, 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
date of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 161, 23.6.2005, p. 54.

[2]               OJ L 305, 30.11.1994, p. 6.

[3]               OJ L ...

[4]               OJ L 85, 30.3.1994, p. 60.

[5]               OJ L 161, 23.6.2005, p. 54.

ANNEX
DECISION OF THE EEA JOINT COMMITTEE
No .../2014
amending the rules of procedure of the EEA Joint Committee

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area (“the EEA Agreement”), and in particular Article 92(3)
thereof,

Whereas:

(1) 
Following the Agreement on the participation of
the Republic of Bulgaria and Romania in the European Economic Area[1] signed on 25 July 2007
in Brussels, Article 129(1) of the EEA Agreement was amended to add Bulgarian
and Romanian to the list of languages of the EEA Agreement.

(2) 
Following the Agreement on the participation of
the Republic of Croatia in the European Economic Area[2] (“the 2014 EEA
Enlargement Agreement”) signed on 11 April 2014 in Brussels, Article 129(1) of
the EEA Agreement shall be amended to add Croatian to the list of languages of
the EEA Agreement.

(3) 
The rules of procedure of the EEA Joint
Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of
8 February 1994[3]
and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February
2005[4], should therefore be
amended accordingly.

(4) 
The 2014 EEA Enlargement Agreement has been
provisionally applicable to its signatories since 12 April 2014, and this
Decision shall therefore apply provisionally pending the entry into force of
the 2014 EEA Enlargement Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Decision of the EEA Joint Committee No 1/94
shall be amended as follows:

1.         The text of Article 6(2) is
replaced by the following:

‘The texts of the EC
acts to be integrated into Annexes to the Agreement in accordance with Article
102(1) are equally authentic in the Bulgarian, Croatian, Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish
and Swedish languages as published in the Official Journal of the European
Union. They shall be drawn up in the Icelandic and Norwegian languages and
shall be authenticated by the EEA Joint Committee together with the relevant
decisions referred to in paragraph 1.’

2.           The text of Article 11(1) is
replaced by the following:

‘Decisions of the
EEA Joint Committee amending Annexes or Protocols to the Agreement shall be
published in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian,
Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish
languages in the EEA Section of the Official Journal of the European Union
and in the Icelandic and Norwegian languages in the EEA Supplement thereto.

Article 2

This Decision shall enter into force on [...],
or on the day of the entry into force of the 2014 EEA Enlargement Agreement,
whichever is the later.

It shall apply provisionally from 12 April
2014.

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 221, 25.8.2007, p. 15.

[2]               OJ L ...

[3]               OJ L 85, 30.3.1994, p. 60.

[4]               OJ L 161, 23.6.2005, p. 54.