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: 2012-03-08
Institutions: European Commission
Subjects: European Economic Area, European security, economic infrastructure, industrial infrastructure, revision of an agreement, terrorism, urban infrastructure

EUROPEAN COMMISSION 

Brussels, 8.3.2012  
COM(2012) 97 final 

2012/0043 (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 

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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  Union  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,  activities  or 
programmes. 

Art. 78 of the EEA Agreement provides that the Contracting Parties shall strengthen 
and broaden cooperation in the framework of the Union’s activities in the fields of, 
inter alia, civil protection. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

to 

aims 

amend 

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  extend  the 
cooperation  of  the  Contracting  Parties  by  including  within  its  scope  Council 
Directive 2008/114/EC of 8 December 2008 on the identification and designation of 
European  critical  infrastructures  and  the  assessment  of  the  need  to  improve  their 
protection.  

Protocol 

31 

to 

By virtue of Art. 79 (3), and without prejudice to Article 80 of the EEA Agreement, 
Part  VII  (Institutional  Provisions)  of  the  Agreement  shall  partly  apply  to  this 
cooperation. 

2. 

1. 

2. 

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 

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2012/0043 (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 196 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 extend the cooperation of the Contracting Parties to the Agreement 
to activities outside the four freedoms, 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation, by including within its scope Council Directive 2008/114/EC of 
8  December  2008  on  the  identification  and  designation  of  European  critical 
infrastructures and the assessment of the need to improve their protection, 

(4) 

The  position  of  the  Union  within  the  EEA  Joint  Committee  should  be  based  on  the 
attached draft Decision, 

1 

OJ L 305, 30.11.1994, p. 6.  

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3 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  the  proposed 
amendment to Protocol 31 to the EEA Agreement shall be based on the draft Decision of the 
EEA Joint Committee attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

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. 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement  to  include  Council  Directive  2008/114/EC  of  8  December  2008  on  the 
identification and designation of European critical infrastructures and the assessment 
of the need to improve their protection2, 

HAS ADOPTED THIS DECISION: 

Article 1 

The following paragraph shall be inserted after paragraph 8 of Article 10 of Protocol 31 to the 
Agreement: 

‘9. 

(a)  The  Contracting  Parties  shall  cooperate  with  each  other  in  the  fields  covered 
by the following act: 

- 

32008 L 0114: Council Directive 2008/114/EC of 8 December 2008 on 
the identification and designation of European critical infrastructures and 
the  assessment  of  the  need  to  improve  their  protection  (OJ  L  345, 
23.12.2008, p. 75). 

(b)  With  a  view  to  achieving  the  aims  set  out  in  Directive  2008/114/EC,  the 
Contracting  Parties  shall  make  use  of  the  appropriate  forms  of  cooperation 
mentioned in Article 80 of the Agreement. 

(c)  By virtue of Article 79(3) of the Agreement Part VII (Institutional Provisions) 
of the Agreement, with the exception of Sections 1 and 2 of Chapter 3, shall apply to 
this paragraph.’ 

1 
2 

OJ L … 
OJ L 345, 23.12.2008, p. 75. 

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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 
[…] 

∗ 

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

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