on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Copernicus)

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, environment, and research and technological development.

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 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms in order to extend the cooperation of the Contracting Parties in the area of environment, and research and technological development.

The cooperation of the EEA Contracting Parties was already extended to include the Copernicus Programme by EEA JCD No 249/2014 of 13 November 2014. A reference to Regulation (EU) No 377/2014 establishing the Copernicus Programme was therefore included in Article 1(8d) of Protocol 31 to the EEA Agreement. The modalities of the cooperation foreseen between the EEA Contracting Parties in that regard were also provided under the relevant provision of Protocol 31 EEA.

Pursuant to point (e) of Article 1(8d) of Protocol 31, Norway and Liechtenstein are exempted from participation in the Copernicus Programme. Norway has however now lifted the impediments to its participation. Therefore, the relevant provisions setting out the participation of the EFTA States to the Programme shall also apply to Norway and the reference to Norway in point (e) is deleted.

It should be noted that Norway requested to commence its participation in the Copernicus Programme retrospectively from 1 January 2014. The financial contribution to Copernicus relating to the financial year 2014 will be added to the contribution relating to the financial year 2015 and included in the call for funds 2015. In this context, the Norwegian parliament already tentatively approved the relevant funds.

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.

2015/0088 (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 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

(Copernicus)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189(2) 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, and in particular Article 1(3) thereof,