EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant Union legislation into the EEA Agreement as soon as possible after its adoption.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Protocol 30 to the EEA Agreement in order to incorporate Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17 into Protocol 30 of the EEA Agreement.

Regulation (EU) No 99/2013 of the European Parliament and of the Council[1] was included into Protocol 30 of the EEA Agreement by Decision of the EEA Joint Committee No 134/2013 of 8 July 2013[2]. As Regulation (EU) No 99/2013 set the financial envelope for the European statistical programme for 2013 only, the inclusion was limited to the year 2013.

Regulation (EU) No 1383/2013 of 17 December 2013 sets the financial envelope for the period 2014 to 2017. The act is included in Article 5 of Protocol 30 and changes are made reflecting the extended period 2014 to 2017. In addition, the draft JCD amends Article 5(3) in order to clarify that the EEA Statistical Programme is an annual programme.

3. LEGAL ELEMENTS OF THE PROPOSAL

Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.

2014/0123 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) in conjunction with Article 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 Area[3], and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the European Economic Area (“the EEA Agreement”) entered into force on 1 January 1994,

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 30 thereto,

(3) Annex XXI to the EEA Agreement contains specific provisions concerning statistics,

(4) The EEA statistical programme 2014 to 2017 should be based on Regulation (EU) No 99/2013 of the European Parliament and of the Council[4] as amended by Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17[5] and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area,

(5) The EEA statistical programme 2003 to 2007 is no longer applicable and should consequently be deleted under the EEA Agreement,

(6) Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

(7) The position of the Union in the EEA Joint Committee should be based on the attached draft Decision.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Protocol 30 to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the Council

The President

[1] OJ L 39, 9.2.2013, p. 12.

[2] OJ L 345, 19.12.2013, p. 2.

[3] OJ L 305, 30.11.1994, p. 6.

[4] OJ L 39, 9.2.2013, p. 12.

[5] OJ L 354, 28.12.2013, p. 84.

ANNEX DECISION OF THE EEA JOINT COMMITTEE No .../2014 of amending Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

(1) The EEA statistical programme 2014 to 2017 should be based on Regulation (EU) No 99/2013 of the European Parliament and of the Council[1] as amended by Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17[2] and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area,

(2) The EEA statistical programme 2003 to 2007 is no longer applicable and should consequently be deleted under the EEA Agreement,

(3) Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014.

HAS ADOPTED THIS DECISION:

Article 1

Protocol 30 to the EEA Agreement shall be amended as follows:

1. The word ‘2013’ in the title of Article 5 is replaced by the words ‘2013 to 2017’.

2. The following is added in Article 5(1):

‘, as amended by:

- 32013 R 1383: Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 (OJ L 354, 28.12.2013, p. 84).’

3. The words ‘31 December 2013’ in Article 5(2) are replaced by the words ‘31 December 2017’.

4. The text of Article 5(3) is replaced by the following:

‘A specific EEA Annual Statistical Programme for 2013 to 2017 shall be developed jointly by the EFTA Statistical Office and Eurostat. The EEA Annual Statistical Programme shall be based on a subset of, and be drawn up in parallel with the annual work programme elaborated by the Commission in accordance with Regulation (EU) No 99/2013. The EEA Annual Statistical Programme shall be approved by the Contracting Parties according to their own internal procedures.’

5. The text of Article 5(4) is replaced by the following:

‘The EFTA States shall contribute financially in accordance with Article 82(1)(a) of the Agreement and the Financial Regulations thereto to an amount representing 75 per cent of the amount shown in budget lines 29 02 05 (European statistical programme 2013-17) and 29 01 04 05 (Statistical information policy – Expenditure on administrative management) entered in the budget of the European Union for 2013 and to an amount representing 75 per cent of the amount shown in budget lines 29 02 01 (European statistical programme 2013-17) and 29 01 04 01 (Statistical information policy – Expenditure on administrative management) entered in the budget of the European Union for 2014 to 2017.’

6. The text of Article 2 is deleted.

Article 2

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement*.

It shall apply from 1 January 2014.

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 39, 9.2.2013, p. 12.

[2] OJ L 354, 28.12.2013, p. 84.

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