CELEX: 52018PC0357
Language: en
Date: 2018-05-24
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 30 (on specific provisions on the organization of cooperation in the field of statistics) to the EEA Agreement

EUROPEAN COMMISSION
            Brussels, 24.5.2018
            COM(2018) 357 final
            2018/0185(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, within the EEA JointCommittee, concerning an amendment to Protocol 30 (on specific provisions on the organization of cooperation in the field of statistics) to the EEA Agreement 
            (Text with EEA relevance)
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims at ensuring continuous cooperation with the EEA EFTA States (Norway, Liechtenstein and Iceland) in the context of the European statistical programme 2013-17, which was extended to 2020 by Regulation (EU) 2017/1951
                  1
               .
            
            
               The annexed draft Decision of the EEA Joint Committee therefore suggests amending Protocol 30 (
               
                  on specific provisions on the organization of cooperation in the field of statistics
               
               ) to the EEA Agreement accordingly. 
            
            
               The EEA EFTA States shall financially contribute to the EU budget for their participation in this programme. The position on this draft Decision of the EEA Joint Committee shall therefore be established by the Council.
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).
               
            
            
               •Consistency with other Union policies
            
            
               The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition. 
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               The legislation to be incorporated into the EEA Agreement is based on Article 338(1) of the Treaty on the Functioning of the European Union.
            
            
               Article 1(3) of Council Regulation (EC) No 2894/94
                  2
                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 in cooperation with the EEAS 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.
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               The proposal complies with the subsidiarity principle for the following reason. 
            
            
               The objective of this proposal, namely to ensure the homogeneity of the Internal Market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level. 
            
            
               
                  The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.
               
            
         
         
            
               •Proportionality
            
            
               In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.
            
            
               •Choice of the instrument
            
            
               
                  In conformity with Article 98 of the EEA Agreement, the chosen instrument is the EEA Joint Committee decision. The EEA Joint Committee shall ensure the effective implementation and operation of the EEA Agreement. To this end, it shall take decisions in the cases provided for in the EEA Agreement. 
               
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Not applicable
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               
                  In order to be in position to participate in the European statistical programme, the EEA EFTA States shall financially contribute to budget of the European Union. The exact amount shall be determined once this Council decision is adopted.
               
            
            
               5.OTHER ELEMENTS
            
            
               •
                     Not applicable 
            
            
               2018/0185 (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 30 (on specific provisions on the organization of cooperation in the field of statistics) to the EEA Agreement 
            
            
               (Text with EEA relevance)
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) 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
                  3
               , 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
                  4
                ('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 30 (
               
                  on specific provisions on the organization of cooperation in the field of statistics
               
               ) to the EEA Agreement.
            
            
               (3)In order to ensure continuous cooperation with the EEA EFTA States in the area of statistics, Regulation (EU) 2017/1951 of the European Parliament and of the Council
                  5
                should be included in Protocol 30 (
               
                  on specific provisions on the organization of cooperation in the field of statistics
               
               ) to the EEA Agreement.
            
            
               (4)Protocol 30 (
               
                  on specific provisions on the organization of cooperation in the field of statistics
               
               ) to the EEA Agreement should therefore be amended accordingly. 
            
            
               (5)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 30 (
               
                  on specific provisions on the organization of cooperation in the field of statistics
               
               ) 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 date of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Regulation (EU) 2017/1951 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17, by extending it to 2020.
               
               
                  
                     (2)
                  
                        OJ L 305, 30.11.1994, p. 6–8
               
               
                  
                     (3)
                  
                        OJ L 305, 30.11.1994, p. 6.
               
               
                  
                     (4)
                  
                        OJ L 1, 3.1.1994, p. 3. 
               
               
                  
                     (5)
                  
                        Regulation (EU) 2017/1951 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17, by extending it to 2020.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels,24.5.2018
            COM(2018) 357 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be adopted, on behalf of the European Union, within the EEA JointCommittee, concerning an amendment to Protocol 30 (on specific provisions on the organization of cooperation in the field of statistics) to the EEA Agreement 
            
               
         
         
            
               ANNEX
               DECISION OF THE EEA JOINT COMMITTEE
               
                  No […]
               
                  of […]
               amending Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics
            
            
               THE EEA JOINT COMMITTEE,
            
            
               Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
            
            
               Whereas:
            
            
               (1)The EEA statistical programme 2018 to 2020 should be based on Regulation (EU) No 99/2013 of the European Parliament and of the Council
                  1
               , as last amended by Regulation (EU) 2017/1951 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17, by extending it to 2020
                  2
               , and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area.
            
            
               (2)Regulation (EU) 2017/1951 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17, by extending it to 2020, should be included in Protocol 30 in order to ensure that the cooperation is extended to 2020.
            
            
               (3)Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2018.
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Protocol 30 to the EEA Agreement shall be amended as follows:
            
            
               1.The word ‘2017’ in the title of Article 5 is replaced by the word ‘2020’. 
            
            
               2.The following indent is added in Article 5(1):
            
            
               ‘-32017 R 1951: Regulation (EU) 2017/1951 of the European Parliament and of the Council of 25 October 2017 (OJ L 284, 31.10.2017, p. 1).’
            
            
               3.The words ‘2013-17’ and ’31 December 2017’ in Article 5(2) are replaced by the words ‘2013-20’ and ’31 December 2020’.
            
            
               4.The words ‘2013 to 2017’ in Article 5(3) are replaced by the words ‘2013 to 2020’.
            
            
               5.The text of Article 5(4) is replaced by the following: 
            
            
               ‘The EFTA States shall contribute financially in accordance with Article 82(1)(a) of the Agreement and the Financial Regulations thereto to an amount representing 75 per cent of the amount shown in budget lines 29 02 05 (European statistical programme 2013-17) and 29 01 04 05 (Statistical information policy – Expenditure on administrative management) entered in the budget of the European Union for 2013 and to an amount representing 75 per cent of the amount shown in budget lines 29 02 01 (Providing quality statistical information, implementing new methods of production of European statistics and strengthening the partnership within the European Statistical System) and 29 01 04 01 (Support expenditure for the European statistical programme) entered in the budget of the European Union for 2014 to 2020.’
            
            
               Article 2
            
            
               This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made
                  3*. 
            
         
         
            
               It shall apply from 1 January 2018.
            
            
               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 39, 9.2.2013, p. 12.
               
               
                  
                     (2)
                  
                        OJ L 284, 31.10.2017, p. 1.
               
               
                  
                     (3)
                  *
                        [No constitutional requirements indicated.] [Constitutional requirements indicated.]