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: 2012-05-25
Institutions: European Commission
Subjects: European Economic Area, free movement of workers, migrant worker, revision of an agreement, social-security harmonisation

EUROPEAN COMMISSION 

Brussels, 25.5.2012  
COM(2012) 235 final 

2012/0119 (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 

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 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.  

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

to 

aims 

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  to  include  cooperation  concerning  free 
movement  of  workers,  coordination  of  social  security  systems  and  measures  for 
migrants, including migrants from third countries.  

Protocol 

amend 

31 

to 

This  amendment  aims  to  allow  the  EFTA  States  to  participate,  as  from  1st  January 
2012,  in  the  actions  funded  from  the  following  budget  lines,  entered  in  the  general 
budget of the European Union for the financial year 2012: Budget line 04 01 04 08 
“Free  movement  of  workers,  coordination  of  social  security  systems  and  measures 
for  migrants, 
third  countries  –  Expenditure  on 
administrative management” and Budget line 04 03 05 “Free movement of workers, 
coordination  of  social  security  systems  and  measures  for  migrants,  including 
migrants from third countries”.  

including  migrants  from 

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.  

2. 

1. 

2. 

3. 

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 

2012/0119 (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 46, 48 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  activities  outside  the  four  freedoms,  including  cooperation  concerning  free 
movement  of  workers,  coordination  of  social  security  systems  and  measures  for 
migrants, including migrants from third countries,  

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation, 

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.  

EN 

3 

   EN 

 
                                                 
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 

EN 

4 

   EN 

 
 
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 
include  cooperation  concerning  free  movement  of  workers, 
coordination  of  social  security  systems  and  measures  for  migrants,  including 
migrants from third countries. 

to 

(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 to the Agreement shall be amended as follows: 

1. 

The following paragraph shall be inserted after paragraph 11: 

‘12.  The  EFTA  States  shall,  as  from  1  January  2012,  participate  in  the  actions 
funded  from  the  following  budget  lines,  entered  in  the  general  budget  of  the 
European Union for the financial year 2012: 

- 

- 

Budget  line  04  01  04  08:  “Free  movement  of  workers,  coordination  of 
social  security  systems  and  measures  for  migrants,  including  migrants 
from third countries – Expenditure on administrative management”, 

Budget  line  04  03  05:  “Free  movement  of  workers,  coordination  of 
social  security  systems  and  measures  for  migrants,  including  migrants 
from third countries”.’ 

1 

OJ L … 

EN 

5 

   EN 

                                                 
2. 

3. 

The words “and in the programme referred to in the twelfth indent as from 1 January 
2009”  in  paragraph  5  shall  be  replaced  by  “,  in  the  programme  referred  to  in  the 
twelfth  indent  as  from  1  January  2009  and  in  the  actions  funded  from  the  budget 
lines for the financial year 2012 referred to in paragraph 12 as from 1 January 2012 
“. 

The  words  “paragraph  8”  in  paragraphs  6  and  7  shall  be  replaced  by  the  words 
“paragraphs 8 and 12”. 

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.] 

EN 

6 

   EN