Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XX (Environment) to the EEA Agreement
Date: 2012-05-25
Institutions: European Commission
Subjects: European Economic Area, geographical information system, provision of services, revision of an agreement, technical specification, transmission network

EUROPEAN COMMISSION 

Brussels, 25.5.2012  
COM(2012) 232 final 

2012/0115 (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 Annex XX (Environment) to the EEA Agreement 

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  Union  legislation  into  the  EEA 
Agreement as soon as possible after its adoption. 

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 Annex XX (Environment) to the EEA Agreement. 

More  concretely,  this  amendment  aims  to  incorporate  certain  Commission  regulations 
implementing  Directive  2007/2/EC  establishing  an  Infrastructure  for  Spatial  Information  in 
the European Community (INSPIRE). 

Directive 2007/2/EC was incorporated into the Agreement by EEA Joint Committee Decision 
(JCD) No 55/2010 of 30 April 2010.1 The Decision entered into force on 1 July 2011. 

Commission Decision 2009/442/EC implementing Directive 2007/2/EC as regards monitoring 
and  reporting  and  Commission  Regulation  (EC)  No  1205/2008  implementing  Directive 
2007/2/EC  as  regards  metadata  were  incorporated  into  the  Agreement  by  EEA  JCD  No 
124/2010 of 10 November 2010.2 This Decision also entered into force on 1 July 2011. 

JCD  No  55/2010  contains  adaptations  in  relation  to  certain  time  limits  set  under  Directive 
2007/2/EC.  The  adaptations  indicate  that  those  time  limits  will  run  from  either  the  date  of 
entry  into  force  of  the  JCD  incorporating  the  corresponding  implementing  rules  (JCD  No 
124/2010) or the date of entry into force of JCD No 55/2010. 

The  EFTA  States  explained  that  if  the  adaptation  text  foreseen  in  EEA  JCD  No 55/2010  is 
maintained and a similar one is provided for in relation to the new EU acts to be incorporated, 
the actions to be carried out by the EFTA States would no longer be in the same chronological 
and logical order as those by the EU Member States. 

In order to remedy this situation, the EFTA States consider that it would be necessary to refer 
to all dates and time limits set in the relevant EU acts rather than to the date of entry into force 
of  the  EEA  JCDs.  Furthermore,  in  order  to  take  into  account  the  fact  that  JCD  No  55/2010 
was adopted three years after the Directive itself, the EFTA States consider it appropriate that 
an  additional  period  of  three  years  is  added  to  all  related  dates  and  time  limits  set  in  the 
relevant EU acts.  

1 
2 

OJ L 181, 15.7.2010, p. 23. 
OJ L 58, 3.3.2011, p. 82. 

EN 

2 

   EN 

                                                 
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 

3 

   EN 

2012/0115 (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 Annex XX (Environment) 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 
Article 192(1) in conjunction with 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) 

Commission  Regulation  (EC)  No 976/2009  of  19  October  2009  implementing 
Directive 2007/2/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the 
Network Services2 is to be incorporated into the EEA Agreement. 

Commission  Regulation  (EU)  No 268/2010  of  29  March  2010  implementing 
Directive 2007/2/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the 
access  to  spatial  data  sets  and  services  of  the  Member  States  by  Community 
institutions  and  bodies  under  harmonised  conditions3  is  to  be  incorporated  into  the 
EEA Agreement. 

Commission  Regulation  (EU)  No 1088/2010  of  23  November  2010  amending 
Regulation  (EC)  No 976/2009  as  regards  download  services  and  transformation 
services4 is to be incorporated into the EEA Agreement. 

Commission  Regulation  (EU)  No 1089/2010  of  23  November  2010  implementing 
Directive 2007/2/EC of the European Parliament5 is to be incorporated into the EEA 
Agreement. 

1 
2 
3 
4 
5 

OJ L 305, 30.11.1994, p. 6.  
OJ L 274, 20.10.2009, p. 9. 
OJ L 83, 30.3.2010, p. 8. 
OJ L 323, 8.12.2010, p. 1. 
OJ L 323, 8.12.2010, p. 11. 

EN 

4 

   EN 

 
                                                 
(5) 

Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation 
(EU)  No 1089/2010  implementing  Directive  2007/2/EC  of  the  European  Parliament 
and of the Council as regards interoperability of spatial data sets and services6 is to be 
incorporated into the EEA Agreement, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  the  proposed 
amendment to Annex XX (Environment) 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 

6 

OJ L 31, 5.2.2011, p. 13. 

EN 

5 

   EN 

 
 
                                                 
ANNEX  

DECISION OF THE EEA JOINT COMMITTEE  
No  

of  

amending Annex XX (Environment) 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 Article 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

Commission  Regulation  (EC)  No 976/2009  of  19  October  2009  implementing 
Directive 2007/2/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the 
Network Services2 is to be incorporated into the EEA Agreement. 

Commission  Regulation  (EU)  No 268/2010  of  29  March  2010  implementing 
Directive 2007/2/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the 
access  to  spatial  data  sets  and  services  of  the  Member  States  by  Community 
institutions  and  bodies  under  harmonised  conditions3  is  to  be  incorporated  into  the 
EEA Agreement. 

Commission  Regulation  (EU)  No 1088/2010  of  23  November  2010  amending 
Regulation  (EC)  No 976/2009  as  regards  download  services  and  transformation 
services4 is to be incorporated into the EEA Agreement. 

Commission  Regulation  (EU)  No 1089/2010  of  23  November  2010  implementing 
Directive 2007/2/EC of the European Parliament5 is to be incorporated into the EEA 
Agreement. 

Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation 
(EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament 
and of the Council as regards interoperability of spatial data sets and services6 is to 
be incorporated into the EEA Agreement, 

HAS ADOPTED THIS DECISION: 

1 
2 
3 
4 
5 
6 

OJ L … 
OJ L 274, 20.10.2009, p. 9. 
OJ L 83, 30.3.2010, p. 8. 
OJ L 323, 8.12.2010, p. 1. 
OJ L 323, 8.12.2010, p. 11. 
OJ L 31, 5.2.2011, p. 13. 

EN 

6 

   EN 

                                                 
Annex XX to the Agreement shall be amended as follows: 

Article 1 

1. 

The text of adaptations (a) and (b) of point 1j (Directive 2007/2/EC of the European 
Parliament and of the Council) shall be replaced by the following: 

‘(a)  With regard to  the EFTA States,  the  time limits set  in Articles  6(a),  6(b)  and 

7(3) shall be understood to include an additional period of three years. 

(b)  With regard to the EFTA States, the dates mentioned in Articles 21(2), 21(3) 

and 24(1) shall be understood to include an additional period of three years.’ 

2. 

The  following  adaptation  shall  be  added  in  point  1jb  (Commission  Decision 
2009/442/EC): 

‘The  provisions  of  the  Decision  shall,  for  the  purposes  of  this  Agreement,  be  read 
with the following adaptations: 

(a)  With  regard  to  the  EFTA  States,  the  year  mentioned  in  Article  11(2)  second 
sub-paragraph shall be the same as the year mentioned in Article 18, as adapted 
for the EFTA States. 

(b)  With  regard  to  the  EFTA  States,  the  date  mentioned  in  Article  18  shall  be 

understood to include an additional period of three years.’ 

3. 

The following shall be inserted after point 1jb (Commission Decision 2009/442/EC): 

‘1jc.  32009 R 0976: Commission Regulation (EC) No 976/2009 of 19 October 2009 
implementing  Directive  2007/2/EC  of  the  European  Parliament  and  of  the 
Council  as  regards  the  Network  Services  (OJ  L  274,  20.10.2009,  p.  9),  as 
amended by: 

– 

32010  R  1088:  Commission  Regulation  (EU)  No 1088/2010  of  23 
November 2010 (OJ L 323, 8.12.2010, p. 1). 

The provisions of the Regulation shall, for the purposes of this Agreement, be 
read with the following adaptation: 

With  regard  to  the  EFTA  States,  the  dates  mentioned  in  Article  4  shall  be 
understood to include an additional period of three years. 

1jd.  32010 R 0268: Commission Regulation (EU) No 268/2010 of 29 March 2010 
implementing  Directive  2007/2/EC  of  the  European  Parliament  and  of  the 
Council as regards the access to spatial data sets and services of the Member 
States by Community institutions and bodies under harmonised conditions (OJ 
L 83, 30.3.2010, p. 8). 

The provisions of the Regulation shall, for the purposes of this Agreement, be 
read with the following adaptation: 

With  regard  to  the  EFTA  States,  the  time  limits  set  in  Article  8  shall  be 
understood to include an additional period of three years. 

EN 

7 

   EN 

 
 
 
 
 
1je.  32010  R  1089:  Commission  Regulation  (EU)  No 1089/2010  of  23  November 
2010 implementing Directive 2007/2/EC of the European Parliament and of the 
Council as regards interoperability of spatial data sets and services (OJ L 323, 
8.12.2010, p. 11), as amended by: 

– 

32011 R 0102: Commission Regulation (EU) No 102/2011 of 4 February 
2011 (OJ L 31, 5.2.2011, p. 13).’ 

Article 2 

The  texts  of  Commission  Regulations  (EC)  No 976/2009,  (EU)  No 268/2010,  (EU) 
No 1088/2010,  (EU)  No 1089/2010  and  (EU)  No 102/2011,  in  the  Icelandic  and  Norwegian 
languages,  to  be  published  in  the  EEA  Supplement  to  the  Official  Journal  of  the  European 
Union, shall be authentic. 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee∗. 

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. 

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.] 

EN 

8 

   EN