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: 2012-06-14
Institutions: European Commission
Subjects: EU programme, European Economic Area, observation, revision of an agreement, satellite, satellite communications, security services, space research

EUROPEAN COMMISSION 

Brussels, 14.6.2012  
COM(2012) 295 final 

2012/0156 (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 EU legislation into 
the EEA Agreement as soon as possible after its adoption. 

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, research and technological development. 

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  Protocol  31  to  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  Earth 
monitoring programme (GMES). 

This concerns Regulation (EU) No 911/2010 of the European Parliament and of the 
Council  of  22  September  2010  on  the  European  Earth  monitoring  programme 
(GMES) and its initial operations (2011 to 2013)1.  

(a)  Liechtenstein  is  neither  to  participate  in,  nor  contribute  financially  to  the 

GMES programme, 

(b)  The  participation  of  Iceland  in  the  GMES  programmes  is  to  be  suspended 

temporarily, due to economic constraints. 

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. 

1 

OJ L 276, 20.10.2010, p. 1. 

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2012/0156 (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 
Article 189, 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  Area2,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Agreement on the European Economic Area3 (“the EEA Agreement”) entered into 
force on 1st January 1994. 

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

Protocol 31 to 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  EEA 
Agreement to include Regulation (EU) No 911/2010 of the European Parliament and 
of  the  Council  of  22  September  2010  on  the  European  Earth  monitoring  programme 
(GMES) and its initial operations (2011 to 2013). 

(5) 

 Protocol 31 to the EEA Agreement should therefore be amended accordingly. 

(6) 

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

2 
3 

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

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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 the 
EEA Joint 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 3 

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) 

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …1. 

A comprehensive Earth monitoring system is of central importance to the sustainable 
management of Northern Europe and the Arctic.  

Norway  has  contributed  to  the  development  of  the  European  Earth  Monitoring 
programme  (GMES),  both  in  the  Seventh  Framework  Programme  of  the  European 
Community  for  research,  technological  development  and  demonstration  activities 
(2007-2013) and as member of the European Space Agency 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the 
Agreement to include Regulation (EU) No 911/2010 of the European Parliament and 
of the Council of 22 September 2010 on the European Earth monitoring programme 
(GMES) and its initial operations (2011 to 2013)2. 

(5) 

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

1. 

The text of paragraph 6 shall be replaced by the following: 

‘Evaluation and major direction of activities in the framework programmes of Union 
activities  in  the  field  of  research  and  technological  development  referred  to  in 

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OJ L … 
OJ L 276, 20.10.2010, p. 1. 

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paragraphs  5,  8a,  8c,  9  and  10  shall  be  governed  by  the  procedure  referred  to  in 
Article 79(3) of the Agreement.’  

2. 

The following paragraph shall be inserted after paragraph 8b: 

‘8c.  (a)  The  EFTA  States  shall,  as  from  1  January  2012,  participate  in  the 

activities which may result from the following Union act: 

- 

32010  R  0911:  Regulation  (EU)  No  911/2010  of  the  European 
Parliament  and  of  the  Council  of  22  September  2010  on  the 
European  Earth  monitoring  programme  (GMES)  and  its  initial 
operations (2011 to 2013) (OJ L 276, 20.10.2010, p. 1). 

(b)  The EFTA States shall contribute financially to the activities referred to 
under  (a)  in  accordance  with  Article  82(1)(a)  of  and  Protocol  32  to  the 
Agreement. 

(c)  The EFTA States shall participate fully, without the right to vote, in all 
the  Union  committees  which  assist  the  European  Commission  in  the 
management,  development  and  implementation of the activities referred 
to under (a), namely the GMES Committee, the Security Board and the 
User Forum. 

(d)  This paragraph shall not apply to Liechtenstein. 

(e)  With regard to Iceland, this paragraph shall be suspended until otherwise 

decided by the EEA Joint Committee.’ 

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 

∗ 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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The Secretaries 
to the EEA Joint Committee 

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