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 (Satellite Navigation)
Date: 2014-08-19
Institutions: European Commission
Subjects: EU financing, EU programme, European Economic Area, European GNSS Agency, European Space Agency, governance, revision of an agreement, satellite communications, satellite navigation













EUR-Lex - 52014PC0526 - EN











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52014PC0526

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 (Satellite Navigation) /* COM/2014/0526 final - 2014/0244 (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 EU legislation into the EEA Agreement as soon as
possible after its adoption. 
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, information
services, and  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 in the
area of information services, and research and technological development.
In order to extend the cooperation of the
Contracting Parties to the EEA Agreement in this area (to take place from 1
January 2014), Regulation (EU) No 1285/2013 of the European Parliament and of
the Council of 11 December 2013 on the implementation and exploitation of
European satellite navigation systems and repealing Council Regulation (EC) No
876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the
Council[1]
needs to be incorporated to the EEA Agreement through the above mentioned
amendment.
It should be noted that Norway has already participated and contributed financially to the activities resulting
from the Regulation (EC) No 683/2008 of the European Parliament and of the
Council[2]
through the inclusion of that Regulation in Protocol 31 to the EEA Agreement.
Due to Iceland's economic constraints, the
participation of Iceland in this area should be temporarily suspended. 
The related Cooperation Agreement on
Satellite Navigation between the European Union and its Member States and the Kingdom of Norway[3],
which was signed on 22 September 2010, applies provisionally as of 1 May 2011.
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.
The Decision of the EEA Joint Committee
should serve also as the agreement of the Parties, pursuant to Article 1(8) of
Protocol 32 to the EEA Agreement, to commence the cooperation under Regulation
(EU) No 1285/2013 from 1 January 2014 even if this EEA Joint Committee Decision
is adopted, or if the fulfilment of constitutional requirements for this EEA
Joint Committee Decision, if any, is notified after 10 July 2014.
2014/0244 (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
(Satellite Navigation)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 172 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 Area[4],
and in particular Article 1(3) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       The Agreement on the
European Economic Area[5]
('the EEA Agreement') entered into force on 1 January 1994.
(2)       Pursuant to Article 98 of
the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol
31 to the EEA Agreement ('Protocol 31').
(3)       Protocol 31 contains
provisions and arrangements concerning cooperation in specific fields outside
the four freedoms.
(4)       It is appropriate to
extend the cooperation of the Contracting Parties to the EEA Agreement to
include Regulation (EU) No 1285/2013 of the European Parliament and of the
Council[6].
(5)       It is appropriate that the
participation of EFTA States in the activities resulting from Regulation (EU) No
1285/2013 commence from 1 January 2014 even if the EEA Joint Committee Decision
annexed to this Decision is adopted, or if the fulfilment of constitutional
requirements for this EEA Joint Committee Decision, if any, is notified after
10 July 2014. 
(6)       Entities established in the
EFTA States should be entitled to participate in activities which start before
the entry into force of the EEA Joint Committee Decision annexed to this Decision.
The costs incurred for such activities, the implementation of which starts after
1 January 2014, may be considered eligible under the same conditions as those
applicable to costs incurred by entities established in the EU Member States
provided that the EEA Joint Committee Decision enters into force before the end
of the action concerned.
(7)       Protocol 31 should
therefore be amended accordingly.
(8)       The position of the Union within the EEA Joint Committee should therefore be based on the attached draft
Decision.
HAS ADOPTED THIS DECISION: 
Article 1
The position to be adopted, on behalf of
the European Union, within the EEA Joint Committee on the proposed amendment to
Protocol 31 to the EEA Agreement, on cooperation in specific fields
outside the four freedoms, 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
date of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 347, 20.12.2013, p. 1.
[2]               OJ L 196, 24.7.2008, p. 1
[3]               OJ L 283, 29.10.2010, p. 12.
[4]               OJ L 305, 30.11.1994, p. 6.
[5]               OJ L 1, 3.1.1994, p. 3. 
[6]               Regulation (EU)
No 1285/2013 of the European Parliament and of the Council of
11 December 2013 on the implementation and exploitation of European
satellite navigation systems and repealing Council Regulation
(EC) No 876/2002 and Regulation (EC) No 683/2008 of the European
Parliament and of the Council, OJ L 347, 20.12.2013, p.1
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)              
Norway has participated
and contributed financially to the activities resulting from the Regulation
(EC) No 683/2008 of the European Parliament and of the Council[1] through the inclusion
of that Regulation in Protocol 31 to the EEA Agreement. 
(2)              
It is appropriate to
extend the cooperation of the Contracting Parties to the EEA Agreement to
include Regulation (EU) No 1285/2013 of the European Parliament and of the
Council of 11 December 2013 on the implementation and exploitation of European
satellite navigation systems and repealing Council Regulation (EC) No 876/2002
and Regulation (EC) No 683/2008 of the European Parliament and of the Council[2].
(3)              
It is appropriate that the participation of EFTA
States in the activities resulting from Regulation (EU) No 1285/2013 commence
from 1 January 2014 even if this Decision is adopted, or if the fulfilment of
constitutional requirements for this Decision, if any, is notified after 10
July 2014. 
(4)              
Entities established in the EFTA States should
be entitled to participate in activities which start before the entry into
force of this Decision. The costs incurred for such activities, the
implementation of which starts after 1 January 2014, may be considered eligible
under the same conditions as those applicable to costs incurred by entities
established in the EU Member States provided that this Decision enters into
force before the end of the action concerned.
(5)              
The Cooperation Agreement on
Satellite Navigation between the European Union and its Member States and the Kingdom of Norway[3],
which was signed on 22 September 2010, applies provisionally as of 1 May 2011.
(6)              
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. However, due to economic constraints, the
participation of Iceland in the programme should be suspended temporarily.
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after paragraph
8a of Article 1 of Protocol 31 to the EEA Agreement:
 ‘8aa.      (a)     The EFTA States
shall, as from 1 January 2014, participate in the activities which may result
from the following Union act:
-        32013 R 1285: Regulation (EU)
No 1285/2013 of the European Parliament and of the Council of 11 December 2013
on the implementation and exploitation of European satellite navigation systems
and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No
683/2008 of the European Parliament and of the Council (OJ L 347, 20.12.2013,
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 cost of the extension of the geographical
coverage of the EGNOS system to the territories of the participating EFTA States
shall be borne by the EFTA States as part of the financial contribution to the
activities referred to under (a). Such coverage extension shall be subject to
technical feasibility and shall not delay the extension of the geographical
coverage of the EGNOS system throughout the EU Member States' territories
geographically located in Europe.
(d)     At the project level, the
institutions, undertakings, organizations and nationals of EFTA States shall have
the rights referred to in Article 81(d) of the Agreement. 
(e)     The costs incurred for activities the
implementation of which starts after 1 January 2014, may be considered eligible
as from the beginning of the action under the grant agreement or the
grаnt decision concerned provided that Decision of the EEA Joint
Committee No…/2014 of … enters into force before the end of the action.
(f)     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).
         The participation of the EFTA States
in the Union committees and groups of experts which assist the European
Commission specifically in security aspects of the activities referred to under
(a) shall be addressed in the rules of procedure of these committees and
groups.
(g)     This paragraph shall not apply to Liechtenstein.
(h)     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 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 196, 24.7.2008, p. 1
[2]               OJ L 347, 20.12.2013, p. 1.
[3]               OJ L 283, 29.10.2010, p. 12.
*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]