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Brussels, 17.3.2005

SEC(2005) 360 final

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 cooperation between the Community and the EEA EFTA States outside the four freedoms.

2. The attached draft Decision of the EEA Joint Committee, which incorporates Decision No 593/2004/EC of the European Parliament and of the Council of 21 July 2004, aims to modify Protocol 31 to extend cooperation in the field of enterprise, entrepreneurship and small and medium-sized enterprises (SMEs), with effect from1 January 2005. Decision No 593/2004/EC amends, Council Decision 2000/819/EC on a multiannual programme for enterprise and entrepreneurship and in particular for small and medium enterprises (SMEs) (2001-2005), which is already incorporated in the Agreement.

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 EEA Agreement, on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMMITTEE,

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].

(2) It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 593/2004/EC of the European Parliament and of the Council of 21 July 2004 amending Council Decision 2000/819/EC on a multiannual programme for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises (SMEs) (2001-2005)[2].

(3) Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2005,

HAS DECIDED AS FOLLOWS:

Article 1

The following sub-indent shall be added in the seventh indent of Article 7(5) (Council Decision 2000/819/EC) of Protocol 31 to the Agreement:

‘- 32004 D 0593 : Decision No 593/2004/EC of the European Parliament and of the Council of 21 July 2004 (OJ L 268, 16.8.2004, p. 3).’

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 2005.

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 …

[2] OJ L 268, 16.8.2004, p. 3.

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