on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning the amendment to Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement (Audiovisual Media Services Directive)

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be adopted on the Union's behalf in the EEA Joint Committee in connection with the envisaged adoption of the Joint Committee Decision concerning an amendment of Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement.

2.Context of the proposal

2.1.The EEA Agreement

The Agreement on the European Economic Area (‘the EEA Agreement’) guarantees equal rights and obligations within the Internal Market for citizens and economic operators in the EEA. It provides for the inclusion of EU legislation covering the four freedoms throughout the 30 EEA States comprising of EU Member States, Norway, Iceland and Liechtenstein. In addition, the EEA Agreement covers cooperation in other important areas such as research and development, education, social policy, the environment, consumer protection, tourism and culture, collectively known as “flanking and horizontal” policies. The Agreement entered into force on 1 January 1994. The European Union together with its Member States is a party to the Agreement.

2.2.The EEA Joint Committee

The EEA Joint Committee is responsible for the management of the EEA Agreement. It is a forum for exchanging views linked to functioning of the EEA Agreement. Its decisions are taken by consensus and are binding on the Parties. The responsibility for coordinating EEA matters on the EU side is with the Secretariat General of the European Commission.

2.3.The envisaged act of the EEA Joint Committee

The EEA Joint Committee is expected to adopt the EEA Joint Committee Decision (‘the envisaged act’) regarding the amendment of Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement.

The purpose of the envisaged act is to incorporate Directive (EU) 2018/1808 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities into the EEA Agreement.

The envisaged act will become binding on the parties in accordance with Articles 103 and 104 of the EEA Agreement.

3.Position to be taken on the Union's behalf

The Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The position, once adopted, should be presented in the EEA Joint Committee at the earliest possible opportunity.

The annexed Decision of the EEA Joint Committee introduces participation rights for the EEA EFTA States in the work of a Union governing body - the European Regulators Group for Audiovisual Media Services (ERGA). In addition, a joint declaration attached to the draft Decision of the EEA Joint Committee foresees that:

“Directive (EU) 2018/1808 contains provisions with references to Directive (EU) 2017/541 of the European Parliament and of the Council, to Directive 2011/93/EU of the European Parliament and of the Council and to Framework Decision 2008/913/JHA, which are adopted under Title V TFEU. It is recalled that the incorporation of acts with such provisions into the EEA Agreement is without prejudice to the understanding that EU legislation adopted pursuant to Title V TFEU falls outside the scope of the EEA Agreement.

With regard to the references to Article 5 of Directive (EU) 2017/541, to Article 5(4) of Directive 2011/93/EU and to Article 1 of Framework Decision 2008/913/JHA, the Contracting Parties, in the context of long-standing common values and European identity, acknowledge that the corresponding provisions of the national law of the EFTA States are applied in a functionally equivalent manner.”

We consider, that these elements go beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94. The Union position shall therefore be established by the Council.

4.Legal basis