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 (Budget lines)
Date: 2010-05-11
Institutions: European Commission
Subjects: EU financing, EU programme, European Economic Area, domestic market, general budget (EU), protocol to an agreement

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EUROPEAN COMMISSION 

Brussels, 11.5.2010 
COM(2010)230 final 

2010/0123 (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 (Budget lines) 

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EXPLANATORY MEMORANDUM 

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 by continuing beyond 31 December 2009 the 
cooperation  of  the  Contracting  Parties  to  the  Agreement  in  Union  actions  funded 
from the General Budget of the Union regarding the implementation, operation and 
development of the Internal Market. This concerns the follow budget lines: 

12.01.04.01  Implementation and development of the internal market – Expenditure 
on administrative management. 

12.02.01 

Implementation and development of the internal market. 

02.03.01 
fields of notification, certification and sectoral approximation. 

Operation  and  development  of  the  internal  market,  particularly  in  the 

02.01.04.01  Operation  and  development  of  the  internal  market,  particularly  in  the 
fields  of  notification,  certification  and  sectoral  approximation  –  Expenditure  on 
administrative management. 

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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2010/0123 (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 (Budget lines) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 218(9) and 114 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. 

It  is  appropriate  to  continue  beyond  31  December  2009  the  cooperation  of  the 
Contracting  Parties  to  the  Agreement  in  Union  actions  funded  from  the  General 
Budget of the Union regarding the implementation, operation and development of the 
Internal Market. This concerns the follow budget lines: 

12.01.04.01 
on administrative management. 

Implementation and development of the internal market – Expenditure 

12.02.01 

Implementation and development of the internal market. 

02.03.01 
fields of notification, certification and sectoral approximation. 

Operation  and  development  of  the  internal  market,  particularly  in  the 

02.01.04.01  Operation  and  development  of  the  internal  market,  particularly  in  the 
fields  of  notification,  certification  and  sectoral  approximation  –  Expenditure  on 
administrative management. 

(3) 

It is necessary, therefore, to amend Protocol 31, 

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OJ L 305, 30.11.1994, p. 6.  

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The  position  to  be  adopted  in  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) 

(3) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …2. 

It  is  appropriate  to  continue  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement in Union actions funded from the General Budget of the Union regarding 
the implementation, operation and development of the Internal Market. 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation to continue beyond 31 December 2009, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Article 7 of Protocol 31 to the Agreement shall be amended as follows: 

1. 

2. 

The words “years 2004, 2005, 2006, 2007, 2008 and 2009” in paragraph 6 shall be 
replaced by the words “2004, 2005, 2006, 2007, 2008, 2009 and 2010”. 

The words “years 2006, 2007, 2008 and 2009” in paragraph 7 shall be replaced by 
the words “years 2006, 2007, 2008, 2009 and 2010”. 

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OJ L … 

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3. 

The  words  “years  2008  and  2009”  in  paragraph  8  shall  be  replaced  by  the  words 
“years 2008, 2009 and 2010”. 

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 2010. 

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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