CELEX: 52015PC0170
Language: en
Date: 2015-04-22
Title: 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 (Budget line 04.03.01.03)

EUROPEAN
                          COMMISSION
                                                   Brussels, 22.4.2015
                                                   COM(2015) 170 final
                                                   2015/0087 (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
                                (Budget line 04.03.01.03)
EN                                                                              EN
 ---pagebreak---                                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 and also allow for the participation of the EEA EFTA
   States in EEA relevant EU actions or programmes.
   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 continue cooperation concerning 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.
EN                                                2                                             EN
 ---pagebreak---                                                           2015/0087 (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
                                       (Budget line 04.03.01.03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 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)     The Agreement on the European Economic Area2 (“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 to the EEA Agreement contains provisions on cooperation in specific
           fields outside the four freedoms.
   (4)     It is appropriate to continue the cooperation of the Contracting Parties to the EEA
           Agreement including cooperation concerning free movement of workers, coordination
           of social security systems and measures for migrants, including migrants from third
           countries.
   (5)     Protocol 31 to the EEA Agreement should therefore be amended, in order to allow for
           this extended cooperation to continue beyond 31 December 2014.
   (6)     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 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.
   1
           OJ L 305, 30.11.1994, p. 6.
   2
           OJ L 1, 3.1.1994, p. 3.
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 ---pagebreak---                                                Article 2
   This Decision shall enter into force on the day of its adoption.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                 4                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                      Brussels, 22.4.2015
                                                      COM(2015) 170 final
                                                      ANNEX 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
                                             to the
                              proposal for a Council decision
     on the position to be adopted, on behalf of the European Union, in the EEA Joint
     Committee concerning an amendement to Protocol 31 to the EEA Agreement, on
                   cooperation in specific fields outside the four freedoms
                                  (Budget line 04.03.01.03)
EN                                                                                      EN
 ---pagebreak---                                                       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 cooperation concerning free movement of workers, coordination
            of social security systems and measures for migrants, including migrants from third
            countries,
   (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 2015.
   HAS ADOPTED THIS DECISION:
                                                      Article 1
   In paragraphs 5 and 13 of Article 5 of Protocol 31 to the EEA Agreement, the words “the
   financial year 2014” are replaced by the words “the financial years 2014 and 2015”.
                                                      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 2015.
                                                      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
   ∗
            [No constitutional requirements indicated.] [Constitutional requirements indicated.]
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 ---pagebreak---    The Secretaries
   to the EEA Joint Committee
EN    3                       EN