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, European Environment Agency, environmental monitoring, information network, operation of the Institutions, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 25.5.2012  
COM(2012) 231 final 

2012/0116 (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 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, the 
environment. 

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 
Agreement, 
31 
on cooperation in specific fields outside the four freedoms.  

Protocol 

amend 

EEA 

the 

to 

to 

First  of  all,  cooperation  would  be  extended  to  include  Regulation  (EC)  No  401/2009  of  the 
European Parliament and of the Council of 23 April 2009 on the Environment Agency and the 
European Environment Information and Observation Network. Secondly, cooperation would 
be extended to the field of sport. 

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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2012/0116 (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 165 and 192(1) in conjunction with Article 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) 

(5) 

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  (EC)  No  401/2009  of  the  European  Parliament  and  of  the 
Council of 23 April 2009 on the Environment Agency and the European Environment 
Information and Observation Network2. 

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement 
to the field of sport.  

Regulation (EC) No 401/2009 repeals Council Regulation (EEC) No 1210/903 which 
is incorporated into the Agreement and which is consequently to be repealed under the 
Agreement. 

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

1 
2 
3 

OJ L 305, 30.11.1994, p. 6.  
OJ L 126, 21.5.2009, p. 13. 
OJ L 120, 11.5.1990, p. 1. 

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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,  on  cooperation  in  specific  fields  outside 
the four freedoms 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) 

(3) 

(4) 

(5) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …4. 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement to include Regulation (EC) No 401/2009 of the European Parliament and 
of  the  Council  of  23  April  2009  on  the  Environment  Agency  and  the  European 
Environment Information and Observation Network5. 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement to the field of sport.  

Regulation (EC) No 401/2009 repeals Council Regulation (EEC) No 1210/906 which 
is incorporated into the Agreement and which is consequently to be repealed under 
the Agreement. 

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

HAS ADOPTED THIS DECISION: 

Protocol 31 to the Agreement shall be amended as follows: 

Article 1 

1. 

Paragraph 2 of Article 3 of Protocol 31 to the EEA Agreement shall be replaced by 
the following: 

‘(a)  The EFTA States shall participate fully in the European Environment Agency, 
hereinafter  referred  to  as  the  ‘Agency’,  and  the  European  Environment 

4 
5 
6 

OJ L … 
OJ L 126, 21.5.2009, p. 13. 
OJ L 120, 11.5.1990, p. 1. 

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Information  and  observation  network,  as  set  up  in  Regulation  (EC)  No 
401/2009 of the European Parliament and of the Council7. 

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

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

(c)  The  EFTA  States  shall,  in  consequence  of  (b),  participate  fully,  without  the 
right  to  vote,  in  the  Agency  Management  Board  and  shall  be  associated  with 
the work of the scientific committee of the Agency.  

(d)  The  term  ‘Member  State(s)’  and  other  terms  referring  to  their  public  entities 
contained in Articles 4 and 5 of the Regulation shall be understood to include, 
in addition to its meaning in the Regulation, the EFTA States and their public 
entities. 

(e)  Environmental  data  supplied  to  or  emanating  from  the  Agency  may  be 
published and shall be made accessible to the public, provided that confidential 
information is afforded the same degree of protection in the EFTA States as it 
is afforded within the Community. 

(f)  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 laws. 

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

Immunities of the European Communities. 

(h)  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. 

(i)  By virtue of Article 79 (3), Part VII (Institutional Provisions) of the Agreement 

shall apply to this paragraph. 

(j)  Regulation (EC) No 1049/2001 of the European Parliament and the Council of 
30  May  2001  regarding  public  access  to  European  Parliament,  Council  and 
Commission  documents  shall,  for  the  application  of  Regulation  (EC)  No 
401/2009, apply to any documents of the Agency regarding the EFTA States as 
well. 

2. 

The  heading  of  Article  4  (Education,  training  and  youth)  shall  be  replaced  by  the 
following: 

‘Education, training, youth and sport’’ 

7 

OJ L 126, 21.5.2009, p. 13. 

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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 

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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