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 EU legislation into the EEA Agreement as soon as possible after its adoption.

Article 78 of the EEA Agreement provides that the Contracting Parties shall strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, the environment.

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 Annex XX (Environment) to the EEA Agreement in order to extend the cooperation of the Contracting Parties in the area of the environment.

In order to achieve this, Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides [1] needs to be incorporated in the EEA Agreement.

Annex XX (Environment) to the EEA Agreement should therefore be amended.

It should be noted the EU position needs to be adopted by the Council as it entails derogation to EU law. Norway has a National Action Plan on reduced risks on pesticide use for the period 2010-2014. The current action plan is the fourth national plan focusing on reducing the use and the risks connected with the use of plant protection products. The Action Plan meets, to a large extent, the requirements of the Directive. Several of the projects run until the end of 2014. Furthermore, due to a fixed funding cycle, it has already been decided which projects will be prioritized in 2014. It is thus necessary to have a period of time after 31 December 2014 to analyze the results of ongoing projects and to elaborate a new National Action plan.

The following adaptation concerning Article 4(2) of the Directive is hence proposed by the EFTA side in the draft JCD, allowing Norway the necessary time to elaborate a new National Action Plan:

“With regard to Norway, the words “26 November 2012” shall be replaced by the words “1 January 2016”.

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.

2014/0157 (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 Annex XX (Environment) to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 175(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[2], 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[3] ('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, Annex XX (Environment) to the EEA Agreement.

(3) Directive 2009/128/EC of the European Parliament and of the Council[4] is to be incorporated into the EEA Agreement.

(4) Annex XX (Environment) to the EEA Agreement should therefore be amended accordingly.

(5) The position of the Union within 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 to Annex XX (Enviroment) 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 date of its adoption.

Done at Brussels,

For the Council

The President

[1] OJ L 309, 24.11.2009, p. 71

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

[3] OJ L 1, 3.1.1994, p. 3.

[4] DIRECTIVE 2009/128/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (OJ L 309, 24.11.2009, p. 71)

ANNEX DECISION OF THE EEA JOINT COMMITTEE No .../2014 of amending Annex XX (Environment) to the EEA Agreement

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) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides[1], as corrected by OJ L 161, 29.6.2010, p. 11, is to be incorporated into the EEA Agreement,

(2) Annex XX to the EEA Agreement should therefore be amended accordingly.

HAS ADOPTED THIS DECISION:

Article 1

The following is inserted after point 1k (Directive 2003/35/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

‘1l. 32009 L 0128: Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71), as corrected by OJ L 161, 29.6.2010, p. 11.

The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation:

With regard to Norway, the words “26 November 2012” in Article 4(2) shall be replaced by the words “1 January 2016”.’

Article 2

The texts of Directive 2009/128/EC, as corrected by OJ L 161, 29.6.2010, p. 11, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made*, or on the day of the entry into force of Decision of the EEA Joint Committee No .../... of ...[2] [incorporating Regulation (EC) No 1107/2009], whichever is the later.

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 309, 24.11.2009, p. 71.

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

[2] OJ L ...