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, EU programme, audiovisual industry, protocol to an agreement, revision of an agreement, vocational training

EUROPEAN COMMISSION 

Brussels, 22.6.2011 
SEC(2011) 783 final 

2011/0162 (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 

 
 
  
 
 
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. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

to 

to 

amend 

Protocol 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims 
Agreement 
31 
on  cooperation  in  specific  fields  outside  the  four  freedoms  by  adding  new 
Community  acquis  in  this  field.  This  concerns  Decision  No  1041/2009/EC  of  the 
European  Parliament  and  of  the  Council  of  21  October  2009  establishing  an 
audiovisual cooperation programme with professionals from third countries (MEDIA 
Mundus).  This  decision  aims  would  allow  for  EEA  EFTA  participation  in  the 
MEDIA  Mundus  programme.  Liechtenstein,  however,  would  be  granted  an 
exemption for Liechtenstein from participation in, and financial contribution to, this 
programme. 

EEA 

the 

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 

 
2011/0162 (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 166, 173 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) 

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 extend the cooperation of the Contracting Parties to the Agreement 
to include Decision No 1041/2009/EC of the European Parliament and of the Council 
of  21  October  2009  establishing  an  audiovisual  cooperation  programme  with 
professionals from third countries (MEDIA Mundus)2. 

(3) 

Protocol 31 to the EEA Agreement should therefore be amended accordingly. 

1 
2 

OJ L 305, 30.11.1994, p. 6.  
OJ L 288, 4.11.2009, p. 10. 

EN 

3 

   EN 

 
 
                                                 
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 Brussels, 

For the Council 
The President

EN 

4 

   EN 

 
 
 
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)  Protocol  31  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint 

Committee No …/… of …3. 

(2) 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement to include Decision No 1041/2009/EC of the European Parliament 
and of the Council of 21 October 2009 establishing an audiovisual cooperation 
programme with professionals from third countries (MEDIA Mundus)4. 

(3)  Protocol  31  to  the  Agreement  should  therefore  be  amended  in  order  to  allow 

for this extended cooperation to take place from 1 January 2011, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The following indent shall be added in Article 9(4) of Protocol 31 to the Agreement: 

‘- 

32009  D  1041:  Decision  No  1041/2009/EC  of  the  European  Parliament  and  of  the 
Council of 21 October 2009 establishing an audiovisual cooperation programme with 
professionals from third countries (MEDIA Mundus) (OJ L 288, 4.11.2009, p. 10). 

Liechtenstein  shall  be  exempted  from  the  participation  in,  and  the  financial 
contribution to, this programme.’ 

3 
4 

OJ L … 
OJ L 288, 4.11.2009, p. 10. 

EN 

5 

   EN 

 
 
                                                 
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.] 

EN 

6 

   EN