CELEX: 52016PC0218
Language: en
Date: 2016-04-20
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (ISA2 Programme)

EUROPEAN COMMISSION
            Brussels, 20.4.2016
            COM(2016) 218 final
            2016/0115(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union,within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms(ISA2 Programme)
            
               
         
         
            
               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 should strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, information services, and research and innovation. 
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               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.
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS 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 innovation.
            
            
               In order to extend the cooperation of the Contracting Parties to the EEA Agreement Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector
                  1
                needs to be incorporated in the EEA Agreement.
            
            
               Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2016.
            
            
               It should be noted that Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.
            
            
               2016/0115 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be adopted, on behalf of the European Union,
                  within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
                  (ISA2 Programme)
            
            
               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
                  2
               , 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
                  3
                ('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.
            
            
               (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 Decision (EU) 2015/2240 of the European Parliament and of the Council
                  4
               .
            
            
               (5)Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2016.
            
            
               (6)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 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 318, 4.12.2015, p. 1.
               
               
                  
                     (2)
                  OJ L 305, 30.11.1994, p. 6.
               
               
                  
                     (3)
                  OJ L 1, 3.1.1994, p. 3. 
               
               
                  
                     (4)
                  Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector, (OJ L 318, 4.12.2015, p. 1.)
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 20.4.2016
            COM(2016) 218 final
            ANNEX
            to the proposal for aCouncil Decisionon the position to be adopted, on behalf of the European Union,within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms(ISA2 Programme)
            
               
         
         
            
               ANNEX
               
                  DECISION OF THE EEA JOINT COMMITTEE No .../2016
                  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 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector
                  1
               .
            
            
               (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 2016,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Article 17 (Telematic interchange of data) of Protocol 31 to the EEA Agreement shall be amended as follows:
            
            
               1.In paragraph 1 the words ‘paragraph 6(a)’, ‘paragraph 6(b)’ and ‘paragraph 6(c)’ shall be replaced by the words ‘paragraph 7(a)’, ‘paragraph 7(b)’ and ‘paragraph 7(c)’.
            
            
               2.The following subparagraph shall be inserted in paragraph 1: 
            
            
               ‘The EFTA States shall, as from 1 January 2016, participate in the projects and activities of the programme of the Union referred to in paragraph 7(d).’
            
            
               3.In paragraph 2 the words ‘paragraph 6’ shall be replaced by the words ‘paragraph 7’.
            
            
               4.In paragraph 3 the words ‘paragraph 6(a)’ shall be replaced by the words ‘paragraph 7(a)’.
            
            
               5.In paragraph 4 the words ‘paragraph 6(b)’ shall be replaced by the words ‘paragraph 7(b)’.
            
            
               6.In paragraph 5 the words ‘paragraph 6(c)’ shall be replaced by the words ‘paragraph 7(c)’.
            
            
               7.Paragraph 6 shall be renumbered as paragraph 7.
            
            
               8.The following paragraph shall be inserted after paragraph 5:
            
            
               ‘6.The EFTA States shall, as from the start of cooperation in the programme referred to in paragraph 7(d), participate fully, without the right to vote, in the Committee on Interoperability Solutions for European Public Administrations (the ISA2 Committee), which assists the European Commission in the implementation, management and development of that programme.’
            
         
         
            
               9.The following shall be added at the end of paragraph 7:
            
            
               ‘(d)
                     with a view to participation as from 1 January 2016:
            
            
               -
                     32015 D 2240: Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).
            
            
               Liechtenstein 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
                  2*.
            
            
               It shall apply from 1 January 2016.
            
            
               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 318, 4.12.2015, p. 1.
               
               
                  
                     (2)
                  [No constitutional requirements indicated.] [Constitutional requirements indicated.]