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 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement
Date: 2012-10-17
Institutions: European Commission
Subjects: EU programme, European Economic Area, Iceland, observation, protocol to an agreement, revision of an agreement, satellite, satellite communications, security services, space research, terrestrial ecosystem

EUROPEAN 
COMMISSION 

Brussels, 17.10.2012  
COM(2012) 592 final 

2012/0286 (NLE) 

Proposal for aCOUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Protocol 31 (on cooperation in specific fields outside the 
four freedoms) to the EEA Agreement 

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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 terminate the suspension of Iceland's participation 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.  

The participation of Iceland in the GMES programme had been suspended temporarily, due to 
economic constraints, when Regulation No 911/2010 was incorporated in the EEA Agreement 
by  Decision  of  the  EEA  Joint  Committee  No  139/2012.  It  is  now  considered  appropriate  to 
terminate the temporary suspension of the participation of Iceland in the GMES programme. 

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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2012/0286 (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 (on cooperation in specific fields outside the 
four freedoms) 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 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  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

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

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

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)3  was  incorporated  into  the  Agreement  by  Decision  of  the 
EEA Joint Committee No 139/20124. 

Decision of the EEA Joint Committee No 139/2012 provided for the suspension of the 
applicability  of  the  Regulation  to  Iceland,  until  otherwise  decided  by  the  EEA  Joint 
Committee. 

It is appropriate to terminate  the suspension  of  the applicability  of  the  Regulation to 
Iceland from 1 January 2013. 

OJ L 305, 30.11.1994, p. 6 
OJ L 1, 3.1.1994, p. 3. 
OJ L 276, 20.10.2010, p. 1. 
OJ L … 

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(7) 

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

(8) 

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

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. 

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  

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  (“the  EEA  Agreement”), 
and in particular Articles 86 and 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

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 was incorporated into the Agreement by Decision 
of the EEA Joint Committee No 139/20122. 

The  suspension  of  the  applicability  of  the  Regulation  to  Iceland  should  be 
terminated. 

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for 
this termination to take effect from 1 January 2013, 

HAS ADOPTED THIS DECISION: 

In  paragraph  8c  of  Article  1  of  Protocol  31  to  the  EEA  Agreement,  adaptation  (e)  shall  be 
deleted. 

Article 1 

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 EEA Agreement∗. 

It shall apply from 1 January 2013. 

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∗ 

OJ L 276, 20.10.2010, p. 1. 
OJ L … 
[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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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 

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