Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of 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: 2012-06-11
Institutions: European Commission
Subjects: European Economic Area, co-financing, protocol to an agreement, revision of an agreement, single market

EUROPEAN COMMISSION 

Brussels, 11.6.2012  
COM(2012) 285 final 

2012/0149 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of 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 EU 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 or programmes. 

2. 

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 
Decision) 
the  EEA  Agreement 
on cooperation in specific fields outside the four freedoms in order to allow for the 
EEA  EFTA  States’  continued  participation  in  EU  actions  funded  from  the  General 
Budget of the Union regarding the implementation, operation and development of the 
Internal Market.  

Protocol 

amend 

31 

to 

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 

2012/0149 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of 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 
Article 114, 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) 

(4) 

The Agreement on the European Economic Area2 (“the EEA Agreement”) entered into 
force on 1st January 1994. 

Pursuant  to  Article  98  of  the  Agreement,  the  EEA  Joint  Committee  may  decide  to 
amend, among others, Protocol 31 to the EEA Agreement. 

Protocol 31 to the EEA Agreement contains provisions and arrangements concerning 
cooperation in specific fields outside the four freedoms. 

It  is  appropriate  to  continue  the  cooperation  of  the  Contracting  Parties  to  the  EEA 
Agreement  in  European  Union  actions  funded  from  the  General  Budget  of  the 
European  Union  regarding  the  implementation,  operation  and  development  of  the 
Internal Market. 

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for 
this extended cooperation to continue beyond 31 December 2011. 

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

1 
2 

OJ L 305, 30.11.1994, p. 6. 
OJ L 1, 3.1.1994, p. 3.  

EN 

3 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European 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 that 
Committee, attached to this Decision. 

Minor changes to the draft Decision may be agreed to by the representatives of the Union in 
the EEA Joint Committee without further decision of the Council.  

After its adoption, the Decision of the EEA Joint Committee shall be published in the Official 
Journal of the European Union.  

Article 2 

Article  

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 

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) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …3. 

It  is  appropriate  to  continue  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement in Union actions funded from the General Budget of the Union regarding 
the implementation, operation and development of the Internal Market. 

Protocol 31 to the Agreement should therefore be amended in order to allow for this 
extended cooperation to continue beyond 31 December 2011, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Article 7 of Protocol 31 to the Agreement shall be amended as follows: 

1. 

2. 

3. 

The words “years 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011” in paragraph 
6 shall be replaced by the words “years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 
2011 and 2012”. 

The words “years 2006, 2007, 2008, 2009, 2010 and 2011” in paragraph 7 shall be 
replaced by the words “years 2006, 2007, 2008, 2009, 2010, 2011 and 2012”. 

The words “years 2008, 2009, 2010 and 2011” in paragraph 8 shall be replaced by 
the words “years 2008, 2009, 2010, 2011 and 2012”. 

3 

OJ L … 

EN 

5 

   EN 

                                                 
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. 

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. 

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