Decision of the EEA Joint Committee No 23/2005 of 8 February 2005 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2005-02-08
Institutions: EEA Joint Committee
Subjects: EU office or agency, disease prevention, public health

L 161/52

EN

Official Journal of the European Union

23.6.2005

DECISION OF THE EEA JOINT COMMITTEE

No 23/2005

of 8 February 2005

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)

(2)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 90/2004 of
8 June 2004 (1).

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include
Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004
establishing a European Centre for disease prevention and control (2).

(3)

Protocol 31 to the Agreement should therefore be amended in order to allow for this extended
cooperation to take place with effect from 1 January 2005,

HAS DECIDED AS FOLLOWS:

Article 1

The following shall be inserted after paragraph 3 of Article 16 of Protocol 31 to the Agreement:

‘4.

(a) The EFTA States shall participate fully in the European Centre for disease prevention and
control, hereinafter referred to as the “Centre”, as set up by the following Community act:

— 32004 R 0851: Regulation (EC) No 851/2004 of the European Parliament and of the
Council of 21 April 2004 establishing a European Centre for disease prevention and
control (OJ L 142, 30.4.2004, p. 1).

(b) The EFTA States shall contribute financially to the activities referred to under (a) in accordance

with Article 82(1)(a) of and Protocol 32 to the Agreement.

(c) The EFTA States shall participate fully in the Management Board and shall have the same rights

and obligations within it as EU Member States, except for the right to vote.

(1) OJ L 349, 25.11.2004, p. 52.
(2) OJ L 142, 30.4.2004, p. 1.

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Official Journal of the European Union

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(d) The EFTA States shall participate fully in the Advisory Forum and shall have the same rights and

obligations within it as EU Member States.

(e)

(f)

EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and Immunities
of the European Communities and applicable rules adopted pursuant to the Protocol.

By way of derogation from Article 12 (2) (a) of the Conditions of employment of other servants
of the European Communities, nationals of the EFTA States enjoying their full rights as citizens
may be engaged under contract by the Director of the Agency.

(g) By virtue of Article 79(3) of the Agreement Part VII (Institutional Provisions) of the Agreement

shall apply to this paragraph.

(h) Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001
regarding public access to European Parliament, Council and Commission documents shall, for
the application of this Regulation, apply to any documents of the Centre regarding the EFTA
States as well.’

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 (*).

It shall apply from 1 January 2005.

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, 8 February 2005.

For the EEA Joint Committee
The President
Richard WRIGHT

(*)

Constitutional requirements indicated.