# EUR-Lex - 52011SC0783 - EN

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# 52011SC0783

**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 /* SEC/2011/0783 final - NLE 2011/0162 */**

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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 Community 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 Protocol 31 to
the EEA Agreement
on cooperation in specific fields outside the four freedoms by adding new
Community acquis in this field. This concerns Decision No 1041/2009/EC of the
European Parliament and of the Council of 21 October 2009 establishing an
audiovisual cooperation programme with professionals from third countries
(MEDIA Mundus). This decision aims would allow for EEA EFTA participation in
the MEDIA Mundus programme. Liechtenstein, however, would be granted an
exemption for Liechtenstein from participation in, and financial contribution
to, this programme.

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.

2011/0162 (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 166, 173 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 include
Decision No 1041/2009/EC of the European Parliament and of the Council of 21
October 2009 establishing an audiovisual cooperation programme with
professionals from third countries (MEDIA Mundus)[2].

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

HAS ADOPTED THIS DECISION:

Sole Article

The position
to be taken by the Union in the EEA Joint Committee on an envisaged amendment to
Protocol 31 to the EEA Agreement is laid down in the Annex to this Decision.

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, 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 ...[3].

(2) 
It is appropriate to extend the cooperation of
the Contracting Parties to the Agreement to include Decision No 1041/2009/EC of
the European Parliament and of the Council of 21 October 2009 establishing an
audiovisual cooperation programme with professionals from third countries
(MEDIA Mundus)[4].

(3) 
Protocol 31 to the Agreement should therefore be
amended in order to allow for this extended cooperation to take place from 1
January 2011,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in
Article 9(4) of Protocol 31 to the Agreement:

‘-            32009 D 1041: Decision No
1041/2009/EC of the European Parliament and of the Council of 21 October 2009
establishing an audiovisual cooperation programme with professionals from third
countries (MEDIA Mundus) (OJ L 288, 4.11.2009, p. 10).

Liechtenstein shall be exempted from the
participation in, and the financial contribution to, this programme.’

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*.

It shall apply from 1 January 2011.

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 288, 4.11.2009, p. 10.

[3]               OJ L ...

[4]               OJ L 288, 4.11.2009, p. 10.

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