Draft DECISION OF THE EEA JOINT COMMITTEE amending Protocol 31 to the Agreement, on cooperation in specific fields outside the four freedoms - Draft common position of the Community -

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Protocol 31 to the EEA Agreement contains specific provisions on the cooperation between the Community and the EEA EFTA States outside the four freedoms.

2. The attached draft Decision of the EEA Joint Committee aims to modify Protocol 31 to extend cooperation in the field of Information Services and security of information systems. It provides a framework for cooperation and sets out the modalities for participation of the EEA EFTA States in the Community programmes and actions in this field:

32003 D 2256: Decision No 2256/2003/EC of the European Parliament and of the Council of 17 November 2003 adopting a multiannual programme (2003-2005) for the monitoring of the eEurope 2005 action plan, dissemination of good practices and the improvement of network and information security (MODINIS).

3. Article 1.3(b) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establish the Community position for such Decisions on a proposal from the Commission.

4. The draft decision of the EEA Joint Committee is submitted for the approval of the Council, after which the Commission will put forward the position of the Community in the EEA Joint Committee at the earliest possible occasion.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Protocol 31 to the 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 ... [1].

[1] OJ L ...

(2) It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 2256/2003/EC of the European Parliament and of the Council of 17 November 2003 adopting a multiannual programme (2003-2005) for the monitoring of the eEurope 2005 action plan, dissemination of good practices and the improvement of network and information security (MODINIS) [2],

[2] OJ L 336, 23.12.2003, p. 1.

(3) Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place with effect from 1 January 2004.

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in Article 2(5) of Protocol 31 to the Agreement:

'- 32003 D 2256: Decision No 2256/2003/EC of the European Parliament and of the Council of 17 November 2003 (OJ L 336, 23.12.2003, p. 1).'

Article 2

This Decision shall enter into force on [...], provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee [3].

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

It shall apply from 1 January 2004.

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