Draft DECISION OF THE EEA JOINT COMMITTEE amending Protocol 31 to the EEA 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 co-operation 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 co-operation in the field of Civil Protection. It provides a framework for co-operation and sets out the modalities for full participation of the EEA EFTA States in the Community mechanism in this field (Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions).

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. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in June 2002.

Draft DECISION OF THE EEA JOINT COMMITTEE 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 ... [1].

[1] OJ L ...

(2) Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions [2] is to be incorporated into the Agreement.

[2] OJ L 297, 15.11.2001, p. 7.

(3) Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2003,

HAS DECIDED AS FOLLOWS:

Article 1

Article 10 (Civil Protection) of Protocol 31 to the Agreement shall be amended as follows:

1. The text of paragraph 5 shall be replaced with the following:

'The EFTA States shall participate in the Community action programmes and mechanisms referred to in paragraph 8.'

2. In paragraphs 6 and 7 the words 'Community action programmes' shall be replaced with the words 'Community action programmes and mechanisms'.

3. The text, but not the indents, of paragraph 8 shall be replaced with the following:

'The following Community acts, as well as acts deriving therefrom, are the object of this Article:

(a) Community acts which shall take effect on or before 1 January 2000:'

4. The following subparagraph shall be added after subparagraph (a) of paragraph 8:

'(b) Community acts which shall take effect from 1 January 2003:

- 32001 D 0792: Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (OJ L 297, 15.11.2001, p. 7).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The EFTA States shall address notifications pursuant to Article 2(1)(b) to the Commission.'

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 2003.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee