EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 14.11.2008 
SEC(2008) 2806 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) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. Protocol 31 to the EEA Agreement contai ns 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 Jo int Committee aims to modify Protocol 31 
with the objective of having the Cont racting Parties encourage appropriate 
cooperation between the competent organizat ions, institutions and other bodies in 
their respective territories so  as to provide for equal pa rticipation of stakeholders 
from EEA EFTA States in the SESAR pr oject, including activities of the SESAR 
Joint Undertaking as set up in Council Re gulation (EC) No 2 19/2007 of 27 February 
2007. 
3. Article 1.3 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 at the earliest possible opportunity. 
 
EN 3   EN 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 ame nded by Decision of the EEA Joint Committee 
No …/… of …
1. 
(2) In view of the incorporation of the le gislative package on the Single European Sky 
into the Agreement, and of the key role of the SESAR project for the future development of the implementing measures within that field, and in view of the 
participation by the EFTA States in the pub lic financing of the project through the 7
th 
Framework programme on Research and Develo pment, it is appropriate to encourage 
suitable cooperation between the Contracting Parties to the Agreement in matters 
covered by the activities of the SESAR Joint Undert aking as set up in Council 
Regulation (EC) No 219/2007 of 27 February 20072, so as to provide for equal 
participation of stakeholders from th e EFTA States in the SESAR project. 
(3) Protocol 31 to the Agreement should theref ore be amended in order to allow for this 
extended cooperation to take place, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The following paragraph shall be inserted af ter paragraph 8 in Article 1 (Research and 
technical development) of Pr otocol 31 to the Agreement: 
‘8a. The Contracting Parties shall enc ourage appropriate cooperation between the 
competent organisations, institutions and othe r bodies in their respective territories so 
as to provide for equal participation of st akeholders from EFTA States in the SESAR 
project, including activities of  the SESAR Joint Undertaking(1). 
The EFTA States participate fully, except for the right to vote, in the EC Single 
European Sky committee which assists th e EC Commission in the management, 
development and implementation of the ac tivities of the SESAR Joint Undertaking. 
(1) 32007 R 0219: Council Regulation (EC) No 219/2007 of 27 February 2007 on the 
establishment of a Joint Undertaking to develop the new generation European air traffic 
management system (SESAR) (OJ L 64, 2.3.2007, p. 1). ’ 
                                                 
1 OJ L … 
2 OJ L 64, 2.3.2007, p. 1. 
 
EN 4   EN 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*. 
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   
                                                
 
* [No constitutional requirements indicated.]  [Constitutional requirements indicated.]