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 aims to modify Protocol 31 to extend cooperation in the field of Energy programmes and environment-related energy activities. It provides a framework for cooperation and sets out the modalities for full participation of the EEA EFTA States in the Community programmes and actions in this field:

- 32003 D 1230: Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003/2006) (OJ L 176, 15.7.2003, p. 29).

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 September 2003.

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 ...., ..., p. ...

(2) It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003/2006) [2].

[2] OJ L 176, 15.7.2003, p. 29.

(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 14 of Protocol 31 to the Agreement shall be amended as follows:

1. The following new paragraph shall be inserted after paragraph 2d:

'2e. As from 1 January 2003, the EFTA States shall participate in the Community programme referred to in paragraph 5(g) and in actions pursuant thereto, with the exception of the programme's specific field "COOPENER" and actions pursuant thereto.'

2. The following shall be added in paragraph 5:

'(g) 32003 D 1230: Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003/2006) (OJ L 176, 15.7.2003, p. 29).'

3. The words 'paragraph 5(a), (b), (c), (d), (e) and (f)' in paragraph 3 and paragraph 4 shall be replaced by 'paragraph 5(a), (b), (c), (d), (e), (f) and (g).'

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 Union.

Done at Brussels, .

For the EEA Joint Committee

The Secretaries to the EEA Joint Committee