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 -
Date: 2008-11-14
Institutions: European Commission
Subjects: EFTA countries, European Economic Area, air space, air traffic, air traffic control, air transport, cooperation policy, protocol to an agreement

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COMMISSION OF THE EUROPEAN 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) 

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EXPLANATORY MEMORANDUM 

Protocol  31  to  the  EEA  Agreement  contains  specific  provisions  on  the  cooperation 
between the Community and the EEA EFTA States outside the four freedoms. 

The attached draft Decision of the EEA Joint Committee aims to modify Protocol 31 
with  the  objective  of  having  the  Contracting  Parties  encourage  appropriate 
cooperation  between  the  competent  organizations,  institutions  and  other  bodies  in 
their  respective  territories  so  as  to  provide  for  equal  participation  of  stakeholders 
from  EEA  EFTA  States  in  the  SESAR  project,  including  activities  of  the  SESAR 
Joint Undertaking as set up in Council Regulation (EC) No 219/2007 of 27 February 
2007. 

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. 

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. 

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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) 

(2) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …1. 

In  view  of  the  incorporation  of  the  legislative  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 public financing of the project through the 7th 
Framework programme on Research and Development, it is appropriate to encourage 
suitable  cooperation  between  the  Contracting  Parties  to  the  Agreement  in  matters 
covered  by  the  activities  of  the  SESAR  Joint  Undertaking  as  set  up  in  Council 
Regulation  (EC)  No  219/2007  of  27  February  20072,  so  as  to  provide  for  equal 
participation of stakeholders from the EFTA States in the SESAR project. 

(3) 

Protocol 31 to the Agreement should therefore 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  after  paragraph  8  in  Article  1  (Research  and 
technical development) of Protocol 31 to the Agreement: 

‘8a. 

The  Contracting  Parties  shall  encourage  appropriate  cooperation  between  the 
competent organisations, institutions and other bodies in their respective territories so 
as to provide for equal participation of stakeholders 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  the  EC  Commission  in  the  management, 
development and implementation of the activities 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).’ 

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OJ L … 
OJ L 64, 2.3.2007, p. 1. 

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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 2 

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, 

For the EEA Joint Committee 
The President 

The Secretaries 
to the EEA Joint Committee 

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

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