Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.
Date: 2011-06-22
Institutions: European Commission
Subjects: EEA Joint Committee, EFTA countries, general budget (EU), single market

EUROPEAN COMMISSION 

Brussels, 22.6.2011 
COM(2011) 365 final 

2011/0159 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by 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. 

EN 

   EN 

 
 
 
  
 
 
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  Community 
legislation  into  the  EEA  Agreement  as  soon  as  possible  after  its  adoption  and  also 
allow for the participation of the EEA EFTA States in EEA relevant EU actions or 
programmes. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

to 

aims 

The  draft  Decision  of  the  EEA  Joint  Committee  (annexed  to  the  proposed  Council 
the  EEA  Agreement 
Decision) 
on cooperation in specific fields outside the four freedoms in order to allow for the 
EEA  EFTA  States’  continued  participation  in  EU  actions  funded  from  the  General 
Budget of the Union regarding the implementation, operation and development of the 
Internal Market.  

Protocol 

amend 

31 

to 

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. 

EN 

2 

   EN 

2011/0159 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by 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. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 114 and 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 European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Protocol 31 to the Agreement on the European Economic Area, (hereinafter referred to 
as  "the  EEA  Agreement")  contains  specific  provisions  and  arrangements  concerning 
cooperation in specific fields outside the four freedoms. 

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 2010, 

1 

OJ L 305, 30.11.1994, p. 6.  

EN 

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HAS ADOPTED THIS DECISION:  

Sole Article 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  an  envisaged 
amendment to Protocol 31 to the EEA Agreement is laid down in the Annex to this Decision. 

Done at …, 

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 2010, 

HAS DECIDED AS FOLLOWS: 

Article 1 

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

1. 

2. 

3. 

The  words  “years  2004,  2005,  2006,  2007,  2008,  2009  and  2010”  in  paragraph  6 
shall be replaced by the words “years 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 
2011”. 

The words “years 2006, 2007, 2008, 2009 and 2010” in paragraph 7 shall be replaced 
by the words “years 2006, 2007, 2008, 2009, 2010 and 2011”. 

The  words  “years  2008,  2009  and  2010”  in  paragraph  8  shall  be  replaced  by  the 
words “years 2008, 2009, 2010 and 2011”. 

2 

OJ L … 

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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 2011. 

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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