Proposal for a Council Decision on the position to be adopted in the EEA Joint Committee concerning an amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2010-03-24
Institutions: European Commission
Subjects: EFTA countries, European Economic Area, air safety, air space, air traffic, air traffic control, co-financing, cooperation policy, joint venture

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EUROPEAN COMMISSION 

Brussels, 24.3.2010 
COM(2010)109 final 

2010/0060 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted in the EEA Joint Committee 

concerning an amendment of Protocol 31 to the EEA Agreement,  
on cooperation in specific fields outside the four freedoms 

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EXPLANATORY MEMORANDUM 

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2. 

3. 

4. 

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

The  draft  Decision  of  the  EEA  Joint  Committee,  annexed  to  the  proposed  Council 
Decision,  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  the 
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  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. 

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2010/0060 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted in the EEA Joint Committee 

concerning an amendment of Protocol 31 to the EEA Agreement,  
on cooperation in specific fields outside the four freedoms 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
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  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

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

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 encourage participation 
of stakeholders from the EFTA States in the SESAR project. 

(3) 

It is necessary, therefore, to amend Protocol 31, 

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OJ L 305, 30.11.1994, p. 6.  
OJ L 64, 2.3.2007, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The  position  to  be  adopted  by  the  EEA  Joint  Committee  on  an  envisaged  amendment  of 
Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms 
is laid down in the Annex to this Decision. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

of  

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 encourage 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 ADOPTED THIS DECISION: 

The  following  paragraph  shall  be  inserted  after  paragraph  8  in  Article  1  (Research  and 
technical development) of Protocol 31 to the Agreement: 

Article 1 

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OJ L … 
OJ L 64, 2.3.2007, p. 1. 

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‘8a. 

The  Contracting  Parties  shall  encourage  appropriate  cooperation  between  the 
competent organisations, institutions and other bodies in their respective territories so 
as to encourage participation of stakeholders from the EFTA States on equal terms as 
those from the EU Member States in the SESAR project, including activities of the 
SESAR Joint Undertaking in accordance with its basic Regulation(1). 

The  EFTA  States  participate  fully,  except  for  the  right  to  vote,  in  the  EC  Single 
European  Sky  committee  which  assists  the  EU  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).’ 

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 

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

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