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
Date: 2012-04-30
Institutions: European Commission
Subjects: European Economic Area, European cultural event, elderly person, population ageing, revision of an agreement, social integration, social participation, working population

EUROPEAN COMMISSION 

Brussels, 30.4.2012  
COM(2012) 194 final 

2012/0096 (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. 

Article  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, social policy.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

aims 

The  draft  Decision  of  the  EEA  Joint  Committee  (annexed  to  the  proposed  Council 
Decision) 
the  EEA  Agreement 
on  cooperation  in  specific  fields  outside  the  four  freedoms  in  order  to  extend  the 
cooperation of the Contracting Parties to include cooperation in the framework of the 
European Year for Active Ageing and Solidarity between Generations (2012).  

Protocol 

amend 

31 

to 

to 

By  virtue  of  Article  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. 

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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2012/0096 (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 153(2) 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) 

(4) 

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 940/2011/EU of the European Parliament and of the Council 
of  14  September  2011  on  the  European  Year  for  Active  Ageing  and  Solidarity 
between Generations (2012),  

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation to take place from 1 January 2012, 

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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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  

Draft (05/03/2012) 

DECISION OF THE EEA JOINT COMMITTEE  
No 

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 Decision No 940/2011/EU of the European Parliament and of 
the  Council  of  14  September  2011  on  the  European  Year  for  Active  Ageing  and 
Solidarity between Generations (2012)2. 

(3) 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation to take place from 1 January 2012, 

HAS ADOPTED THIS DECISION: 

Article 1 

Article 5 of Protocol 31 shall be amended as follows: 

1. 

Paragraph 5 shall be replaced by the following: 

‘5.  The EFTA States shall participate in the Community programmes and actions 
referred to in the first two indents of paragraph 8  as from 1 January 1996, in 
the  programme  referred  to  in  the  third  indent  as  from  1  January  2000,  in  the 
programme  referred  to  in  the  fourth  indent  as  from  1  January  2001,  in  the 
programmes referred to in the fifth and sixth indents as from 1 January 2002, in 
the programmes referred to in the seventh and eighth indents as from 1 January 
2004, in the programmes referred to in the ninth, tenth and eleventh indents as 
from  1  January  2007,  in  the  programme  referred  to  in  the  twelfth  indent  as 
from 1 January 2009 and in the programme referred to in the thirteenth indent 
as from 1 January 2012.’ 

1 
2 

OJ L … 
OJ L 246, 23.9.2011, p. 5. 

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2. 

The following indent shall be added in paragraph 8: 

‘- 

32011 D 0940: Decision No 940/2011/EU of the European Parliament and of 
the  Council  of  14  September  2011  on  the  European  Year  for  Active  Ageing 
and Solidarity between Generations (2012) (OJ L 246, 23.09.2011, p. 5).’ 

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 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 3 

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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