EUROPEAN COMMISSION 
Brussels, 17.11.2011 
SEC(2011) 1363 final 
2011/0338 (NLE)   
Proposal for a 
COUNCIL DECISION 
on the position to be taken by the European Union in the EEA Joint Committee 
concerning the setting up of a Joint Working Group to monitor the implementation of 
Chapter IIa of Protocol 10 to the EEA Agre ement on simplification of inspections and 
formalities in respect of carriage of goods and defining its rules of procedure. 
 
 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
In order to ensure the requisite legal s ecurity 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 af ter its adoption. 
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
The draft Decision of the EEA Joint Comm ittee (annexed to the proposed Council 
Decision) aims to set up a Joint Working Group to monitor the implementation of 
Chapter IIa of Protocol 10 to the EEA Ag reement on simplification of inspections 
and formalities in respect of carriage of goods and defining its rules of procedure. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
Article 1(3) of Council Regulation (EC)  No 2894/94 concerning arrangements for 
implementing the EEA Agreement provides th at the Council establishes the position 
to be adopted on the Union’s behalf on su ch Decisions, on a proposal from the 
Commission.  
The Commission submits the Draft Deci sion of the EEA Joint Committee for 
adoption by the Council as the Union’s posit ion. The Commission would hope to be 
able to present it in the EEA Joint Co mmittee at the earliest possible opportunity. 
 
EN 3   EN 2011/0338 (NLE) 
Proposal for a 
COUNCIL DECISION 
on the position to be taken by the Eu ropean Union in the EEA Joint Committee 
concerning the setting up of a Joint Working Group to monitor the implementation of 
Chapter IIa of Protocol 10 to the EEA Agreem ent on simplification of inspections and 
formalities in respect of carriage of good s and defining its rules of procedure. 
 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Articles 114, 207(2) 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 Area1, and in 
particular Article 1(3) thereof, 
Having regard to the proposal from the European Commission, 
Whereas: (1) Protocol 10 to the Agreement was amende d by Decision of the EEA Joint Committee 
No 76/2009 of 30 June 2009
2, with a view to inserting a new Chapter IIa on customs 
security measures. 
(2) Article 9b of Protocol 10 pr ovides that, in bilateral tr ade between the Contracting 
Parties, the application of customs security measures shall be waived, provided that 
there is an equivalent level of custom s security on their respective territories. 
(3) Article 9f of Protocol 10 provides that the EEA Joint Committee shall define the rules 
allowing the Contracting Parties to ensure  the monitoring of the implementation of 
Chapter IIa of Protocol 10 and to verify whether the provisions of Chapter IIa and 
Annexes I and II of Protoc ol 10 are complied with, 
HAS ADOPTED THIS DECISION:  
Article 1 
The position to be taken by the Union in the EEA Joint Committee on the proposed 
establishment of a Joint Working Group to m onitor the implementation of Chapter IIa of 
                                                 
1 OJ L 305, 30.11.1994, p. 6.  
2 OJ L 232, 3.9.2009, p. 40. 
 
EN 4   EN Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect 
of carriage of goods and defining its rules of pr ocedure shall be based on the draft Decision of 
the EEA Joint Committee attached to this Decision. 
Article 2  
This Decision shall enter into fo rce on the day of its adoption. 
Done at …, 
 For the Council 
 The President 
 
EN 5   EN ANNEX  
Draft 
DECISION OF THE EEA JOINT COMMITTEE  
No  
setting up of a Joint Working Group to moni tor the implementation of Chapter IIa of 
Protocol 10 to the EEA Agreemen t on simplification of insp ections and formalities in 
respect of carriage of goods and defining its rules of procedure 
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 92 and 94( 3) thereof, and Article 9f(1) of Protocol 10 
to the Agreement, 
Whereas: (1) Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee 
No 76/2009 of 30 June 2009
3, with a view to inserting a new Chapter IIa on customs 
security measures. 
(2) Article 9b of Protocol 10 pr ovides that, in bilateral tr ade between the Contracting 
Parties, the application of customs security  measures shall be waived, provided that 
there is an equivalent level of custom s security on their respective territories. 
(3) Article 9f of Protocol 10 provides that  the EEA Joint Committee shall define the 
rules allowing the Contracting Parties to en sure the monitoring of  the implementation 
of Chapter IIa of Protocol 10 and to verify  whether the provisions of Chapter IIa and 
Annexes I and II of Protoc ol 10 are complied with, 
HAS ADOPTED THIS DECISION: 
Article 1 
1. A Joint Working Group on Customs Security Measures, hereinafter referred to as the 
Working Group, is hereby established in or der to ensure the monitoring of the 
implementation of the customs security provisions in Chapter IIa of Protocol 10 to the EEA Agreement and to verify whether the provisions of Chapter IIa and Annexes 
I and II of that Protocol are complied with. 
2. The Working Group shall operate in accordan ce with the rules of procedure specified 
in the Annex to this Decision. 
                                                
 
3 OJ L 232, 3.9.2009, p. 40. 
 
EN 6   EN 3. The Working Group shall report to Joint S ubcommittee I on the free movement of 
goods, as referred to in Article  15(1)(a) of the Rules of Procedure of the EEA Joint 
Committee4.  
Article 2 
This Decision shall enter into force on , prov ided that all the notif ications under Article 
103(1) of the Agreement have been made to the EEA Joint Committee∗. 
Article 3 
This Decision shall be published in the EEA S ection 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 
  
                                                
 
4 Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of 
the EEA Joint Committee, OJ L 85, 30.3.1994, p. 60. 
∗ [No constitutional requirements indicated.]  [Constitutional requirements indicated.] 
 
EN 7   EN ANNEX  
to Decision of the EEA Joint Committee No…  
RULES OF PROCEDURE OF THE JOINT WORKING GROUP ON CUSTOMS 
SECURITY MEASURES  
Article 1 
Composition 
The Working Group shall be composed of representatives of the European Union, 
representatives of the EFTA States and, where necessary, experts from the customs 
administrations of the Member States of the European Union. 
Article 2 
Tasks 
1. The Working Group shall evaluate the equi valency of customs security measures 
defined in the legislation of the Contracting Parties. In particular, it shall monitor the 
implementation of the legislation con cerning pre-arrival and pre-departure 
information, security related customs c ontrols and risk management and the 
legislation concerning authorised econom ic operators. It sh all also exchange 
information on amendments to  the legislation concerned. 
2. The Working Group shall discuss the necessa ry technical amendments to Chapter IIa 
of Protocol 10. 
3. Upon a request of one of the Contracting Parties, the Working Group shall organise a 
meeting of a group of experts to discuss a specific issue. The Working Group shall 
also review administrative procedures of the Contracting Parties. In order to carry out 
such a review, the Working Group may agr ee to organise on-t he spot visits. 
4. Upon a request of one of the Contracti ng Parties, the Working Group shall examine 
any issue which it considers relevant for the implementation of the customs security measures defined in Chapter IIa of Protocol 10. 
Article 3 
Chairmanship 
The meetings of the Working Group shall be chaired alternately every six months by a 
representative of the European Union and by a re presentative of one of  the EFTA States to 
which Chapter IIa of Protocol 10 applies. 
 
EN 8   EN Article 4 
Meetings 
1. The Working Group shall meet on a regul ar basis and at least once a year. 
2. The meetings shall take place in Brussels or in any other place decided by the Chair 
of the Working Group. 
3. The Chair shall convene the meetings of the Working Group. Invitations to the 
meeting shall be sent to the participants referred to in Article 1 at least 10 working days before the meeting. In urgent matters , invitations may be se nt out at a shorter 
notice. 
4. The working language of the Working Group shall be English. 5. The meetings shall not be public unless otherwise agreed. 
Article 5 
Agenda 
1. The Chair shall draw up the provisional agenda for each meeting. The provisional 
agenda shall be sent to the participants referred to in Article 1 at least 10 working 
days before the meeting. 
2. The Contracting Parties may re quest the inclusion of an agenda item either in writing 
to the Chair or prior to the adoption of the agenda on the day of the meeting. 
Article 6 
Minutes 
1. Minutes from each meeting of the Wo rking Group shall be drawn up under the 
responsibility of the Chair. The minutes sh all indicate, with respect to each agenda 
item, the recommendations and/or th e conclusions of the Working Group. 
2. The draft minutes shall be exchanged be tween the Contracting Parties and agreed 
within 20 working days of the meeting. 
Article 7 
Expenses 
The representatives of the Contracting Pa rties and the experts from the customs 
administrations of the Member States of the European Union shall cover all expenses they 
incur as a result of their participation in the meetings of the Working Group.