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: 2014-05-06
Institutions: European Commission
Subjects: EU programme, European Economic Area, business start-up, competitiveness, corporate finance, market access, organisational culture, revision of an agreement, small and medium-sized enterprises, sustainable development, tourism













EUR-Lex - 52014PC0250 - EN











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52014PC0250

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 /* COM/2014/0250 final - 2014/0133 (NLE) */









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 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.
Article 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, small and medium-sized
enterprises. 
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 in the
area of small and medium-sized enterprises.
It is therefore needed to incorporate in
the EEA Agreement Regulation (EU) No 1287/2013 of the European Parliament and
of the Council of 11 December 2013 establishing a Programme for the
Competitiveness of Enterprises and small and medium-sized enterprises (COSME)
(2014 - 2020) and repealing Decision No 1639/2006/EC[1].
Protocol 31 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place from 1 January 2014.
It should be noted that Liechtenstein and Norway shall be exempted from the participation in, and the financial contribution
to, this 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.
4.           BUDGETARY IMPLICATION 
It is proposed that Protocol 31 to the Agreement
on the EEA be amended in order to allow EEA/EFTA States to participate in the
programme and to contribute financially to it in accordance with the conditions
laid down in the EEA Agreement.
2014/0133 (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 Articles 173 and 195 and 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 Area[2],
and in particular Article 1(3) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       Protocol 31 to the
Agreement on the European Economic Area, (hereinafter referred to as "the
EEA Agreement") contains specific provisions and arrangements concerning
cooperation in specific fields outside the four freedoms,
(2)       It is appropriate to
extend the cooperation of the Contracting Parties to the EEA Agreement to
include Regulation (EU) No 1287/2013 of the European Parliament and of the
Council of 11 December 2013 establishing a Programme for the Competitiveness of
Enterprises and small and medium-sized enterprises (COSME) (2014 - 2020) and
repealing Decision No 1639/2006/EC[3].
(3)       Protocol 31 to the EEA
Agreement should therefore be amended in order to allow for this extended
cooperation to take place from 1 January 2014.
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 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
[1]               OJ L 347, 20.12.2013, p. 33.
[2]               OJ L 305, 30.11.1994, p. 6. 
[3]               OJ L 347, 20.12.2013, p. 33.
ANNEX
DECISION OF THE EEA JOINT COMMITTEE No .../2014
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 Agreement to include Regulation (EU) No
1287/2013 of the European Parliament and of the Council of 11 December 2013
establishing a Programme for the Competitiveness of Enterprises and small and
medium-sized enterprises (COSME) (2014 - 2020) and repealing Decision No
1639/2006/EC[1],
(2)              
Protocol 31 to the EEA Agreement should
therefore be amended accordingly, in order to allow for this extended
cooperation to take place from 1 January 2014.
HAS ADOPTED THIS DECISION:
Article 1
The following is added in Paragraph 5 of
Article 7 of Protocol 31 to the EEA Agreement:
‘-            32013 R 1287: Regulation (EU)
No 1287/2013 of the European Parliament and of the Council of 11 December 2013
establishing a Programme for the Competitiveness of Enterprises and small and
medium-sized enterprises (COSME) (2014 - 2020)  and repealing Decision No
1639/2006/EC (OJ L 347, 20.12.2013, p. 33).
Liechtenstein and Norway shall be exempted from the participation in, and the financial contribution to, this
programme.’
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 2014.
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
[1]               OJ L 347, 20.12.2013, p. 33.
*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]