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
Date: 2013-02-26
Institutions: European Commission
Subjects: European Economic Area, free movement of workers, integration of migrants, revision of an agreement, social-security harmonisation

EUROPEAN 
COMMISSION 

Brussels, 26.2.2013  
COM(2013) 99 final 

2013/0056 (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 

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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, 
social policy. 

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

This  concerns  participation  of  EFTA  EEA  states  in  the  actions  funded  from  the  following 
budget lines, entered in the general budget of the European Union for the financial year 2013:  

-  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”  

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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2013/0056 (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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles- 46 and 48, 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) 

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.  

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the  EEA 
Agreement to the actions funded from the 04 01 04 08 and 04 03 05 budget lines for 
the financial year 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, 

1 
2 

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 adopted, on behalf of 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) 

It  is  appropriate  to  extend  the  cooperation  of  the  Contracting  Parties  to  the  EEA 
include  cooperation  concerning  free  movement  of  workers, 
Agreement 
coordination  of  social  security  systems  and  measures  for  migrants,  including 
migrants from third countries. 

to 

(2) 

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

HAS ADOPTED THIS DECISION: 

Article 1 

Paragraphs 5 and 12 of Article 5 of Protocol 31 to the EEA Agreement shall be amended as 
follows: 

The words “year 2012” are replaced by “years 2012 and 2013”. 

Article 2 

This  Decision  shall  enter  into  force  on  the  day  following  the  last  notification  under  Article 
103(1) of the EEA Agreement∗. 

It shall apply from 1 January 2013. 

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 

∗ 

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

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Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

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