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 (on cooperation in specific fields outside the four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement
Date: 2012-04-30
Institutions: European Commission
Subjects: EU office or agency, EU programme, European Economic Area, administrative structures, company structure, legal status, operation of the Institutions, revision of an agreement, satellite navigation

EUROPEAN COMMISSION 

Brussels, 30.4.2012  
COM(2012) 195 final 

2012/0097 (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 (on cooperation in specific fields outside the 
four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the 
EEA Agreement 

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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 European 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, 
research and technological development. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims to amend Protocol 31 (on cooperation in specific fields outside the four freedoms) and 
Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement.  

This concerns Regulation (EU) No 912/2010 of the European Parliament and of the Council 
of  22  September  2010  setting  up  the  European  Global  Navigation  Satellite  System  (GNSS) 
Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures 
for  the  management  of  the  European  satellite  radio  navigation  programmes  and  amending 
Regulation (EC) No 683/2008 of the European Parliament and of the Council.  

For the purpose of the implementation of this act, certain adaptations are proposed:  

(a) 

(b) 

Liechtenstein  is  neither  to  participate  in,  nor  contribute  financially  to  the  GNSS 
Agency, 

The  participation  of  Iceland  in  the  GNSS  programmes  is  to  be  suspended 
temporarily, due to economic constraints. 

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. 

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2012/0097 (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 (on cooperation in specific fields outside the 
four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the 
EEA Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 172 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  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  Regulation  (EU)  No  912/2010  of  the  European  Parliament  and  of  the 
Council  of  22  September  2010  setting  up  the  European  GNSS  Agency,  repealing 
Council  Regulation  (EC)  No  1321/2004  on  the  establishment  of  structures  for  the 
management  of  the  European  satellite  radio  navigation  programmes  and  amending 
Regulation (EC) No 683/2008 of the European Parliament and of the Council2. 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended  cooperation  to  take  place.  As  regards  the  participation  of  Norway,  account 
should  also  be  taken  in  this  regard  of  the  Cooperation  Agreement  on  Satellite 
Navigation between the European Union and its Member States and Norway3, and in 
particular  its  Article  6  on  security.  Due  to  economic  constraints,  the  participation  of 
Iceland in the GNSS programmes should be suspended temporarily. 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6. 
OJ L 276, 20.10.2010, p. 11. 
OJ L 283/12, 29.10.2010 

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(4) 

For the Agreement to function well, Protocol 37 to the Agreement is to be extended to 
include  the  Security  Accreditation  Board  for  European  GNSS  systems  and  the 
Administrative Board set up by Regulation (EU) No 912/2010, and Protocol 31 is to 
be amended in order to specify the procedures for participation, 

(5) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  within  the  EEA  Joint  Committee  on  the  proposed 
amendment to Protocol 31 and Protocol 37 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  

Draft (06.03.2012) 

DECISION OF THE EEA JOINT COMMITTEE  
No 

of 

amending Protocol 31 (on cooperation in specific fields outside the four freedoms) and 
Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement, 

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, 98 and 101 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …1. 

Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …2. 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement to include Regulation (EU) No 912/2010 of the European Parliament and 
of  the  Council  of  22  September  2010  setting  up  the  European  GNSS  Agency, 
repealing Council Regulation (EC) No 1321/2004 on the establishment of structures 
for  the  management  of  the  European  satellite  radio  navigation  programmes  and 
amending  Regulation  (EC)  No  683/2008  of  the  European  Parliament  and  of  the 
Council3. 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation to take place. As regards the participation of Norway, account 
should  also  be  taken  in  this  regard  of  the  Cooperation  Agreement  on  Satellite 
Navigation between the European Union and its Member States and Norway4, and in 
particular  its  article  6  on  security.  However,  due  to  economic  constraints,  the 
participation of Iceland in the GNSS programmes should be suspended temporarily. 

For the Agreement to function well, Protocol 37 to the Agreement is to be extended 
to  include  the  Security  Accreditation  Board  for  European  GNSS  systems  and  the 
Administrative Board set up by Regulation (EU) No 912/2010, and Protocol 31 is to 
be amended in order to specify the procedures for participation, 

1 
2 
3 
4 

OJ L … 
OJ L … 
OJ L 276, 20.10.2010, p. 11. 
OJ L 283/12, 29.10.2010 

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HAS ADOPTED THIS DECISION: 

Article 1 

Article 1 (Research and technological development) of Protocol 31 to the Agreement shall be 
amended as follows: 

1. 

The text of paragraph 8 shall be replaced by the following: 

‘(a)  The  EFTA  States  shall  fully  participate  in  the  European  GNSS  Agency, 

hereinafter referred to as the “Agency”, as set up by the following Union act: 

- 

32010 R 0912: Regulation (EU) No 912/2010 of the European Parliament and 
of the Council of 22 September 2010 setting up the European GNSS Agency, 
repealing  Council  Regulation  (EC)  No  1321/2004  on  the  establishment  of 
structures  for  the  management  of  the  European  satellite  radio  navigation 
programmes  and  amending  Regulation  (EC)  No  683/2008  of  the  European 
Parliament and of the Council (OJ L 276, 20.10.2010, p. 11). 

(b)  The EFTA States shall contribute financially to the activities referred to under 

(a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement. 

(c)  The  EFTA  States  shall  participate  fully,  without  the  right  to  vote,  in  the 
Administrative Board of the Agency and in the Security Accreditation Board of 
the Agency. 

(d)  The Agency shall have legal personality. It shall enjoy in all the States of the 
Contracting Parties the most extensive legal capacity accorded to legal persons 
under their law. 

(e)  The  EFTA  States  shall  apply  to  the  Agency  the  Protocol  of  Privileges  and 

Immunities of the European Communities. 

(f)  By way of derogation from Article 12(2)(a) of the Conditions of employment 
of other servants of the European Communities, nationals of the EFTA States 
enjoying  their  full  rights  as  citizens  may  be  engaged  under  contract  by  the 
Executive Director of the Agency. 

(g)  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. 

(h)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council 
of 30 May 2001 regarding public access to European Parliament, Council and 
Commission  documents  shall,  for  the  application  of  this  Regulation,  apply  to 
any documents of the Agency regarding the EFTA States as well. 

(i)  With  regard  to  Iceland,  this  paragraph  shall  be  suspended  until  otherwise 

decided by the EEA Joint Committee. 

(j)  This paragraph shall not apply to Liechtenstein.’ 

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2. 

The following shall be added in point (a) of paragraph 8a: 

‘, as amended by: 

- 

32010 R 0912: Regulation (EU) No 912/2010 of the European Parliament and 
of the Council of 22 September 2010 (OJ L 276, 20.10.2010, p. 11).’ 

Article 2 

Protocol 37 to the Agreement shall be amended as follows: 

1. 

2. 

The texts of points 30 and 31 shall be deleted. 

The following points shall be inserted: 

‘34.  The  Security  Accreditation  Board  for  European  GNSS  systems  (Regulation 

(EU) No 912/2010). 

35.  The Administrative Board (Regulation (EU) No 912/2010).’ 

Article 3 

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 2012. 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Article 4 

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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