EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend the rules of procedure of the EEA Joint Committee reflecting the Agreement on the participation of the Republic of Croatia in the European Economic Area (“the 2014 EEA Enlargement Agreement”), signed on 11 April 2014 in Brussels.

The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014.

The 2014 EEA Enlargement Agreement amends Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005[1], should therefore be amended accordingly.

The Decision of the EEA Joint Committee is to apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

3. LEGAL ELEMENTS OF THE PROPOSAL

Article 1(3) (b) first indent of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that for the purpose of adopting the Union's position regarding EEA Joint Committee decisions other than those which extend Union legislation to the EEA, the Council acts, on a proposal from the Commission, by a simple majority when the decision relates to the Committee's Rules of Procedure or a question of procedure.

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.

2015/0011 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee (Croatia Enlargement)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area[2], and in particular Article 1(3) (b) first indent thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the participation of the Republic of Croatia in the European Economic Area[3] (“the 2014 EEA Enlargement Agreement”) signed on 11 April 2014 in Brussels, amends Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

(2) The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994[4] and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005[5], should therefore be amended accordingly.

(3) The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and the Decision of the EEA Joint Committee should therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

(4) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision.

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment of the rules of procedure of the EEA Joint Committee, 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 date of its adoption.

Done at Brussels,

For the Council

The President

[1] OJ L 161, 23.6.2005, p. 54.

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

[3] OJ L ...

[4] OJ L 85, 30.3.1994, p. 60.

[5] OJ L 161, 23.6.2005, p. 54.

ANNEX DECISION OF THE EEA JOINT COMMITTEE No .../2014 amending the rules of procedure of the EEA Joint Committee

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 92(3) thereof,

Whereas:

(1) Following the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area[1] signed on 25 July 2007 in Brussels, Article 129(1) of the EEA Agreement was amended to add Bulgarian and Romanian to the list of languages of the EEA Agreement.

(2) Following the Agreement on the participation of the Republic of Croatia in the European Economic Area[2] (“the 2014 EEA Enlargement Agreement”) signed on 11 April 2014 in Brussels, Article 129(1) of the EEA Agreement shall be amended to add Croatian to the list of languages of the EEA Agreement.

(3) The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994[3] and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005[4], should therefore be amended accordingly.

(4) The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and this Decision shall therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Decision of the EEA Joint Committee No 1/94 shall be amended as follows:

1. The text of Article 6(2) is replaced by the following:

‘The texts of the EC acts to be integrated into Annexes to the Agreement in accordance with Article 102(1) are equally authentic in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union. They shall be drawn up in the Icelandic and Norwegian languages and shall be authenticated by the EEA Joint Committee together with the relevant decisions referred to in paragraph 1.’

2. The text of Article 11(1) is replaced by the following:

‘Decisions of the EEA Joint Committee amending Annexes or Protocols to the Agreement shall be published in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages in the EEA Section of the Official Journal of the European Union and in the Icelandic and Norwegian languages in the EEA Supplement thereto.

Article 2

This Decision shall enter into force on […], or on the day of the entry into force of the 2014 EEA Enlargement Agreement, whichever is the later.

It shall apply provisionally from 12 April 2014.

Article 4

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 221, 25.8.2007, p. 15.

[2] OJ L ...

[3] OJ L 85, 30.3.1994, p. 60.

[4] OJ L 161, 23.6.2005, p. 54.