CELEX: 52019PC0031
Language: en
Date: 2019-01-31
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 Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement

EUROPEAN COMMISSION
            Brussels, 31.1.2019
            COM(2019) 31 final
            2019/0021(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 Annex II(Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) 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 to amend Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement in order to incorporate Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services
                  1
               .
            
            
               •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 Articles 114, 337 and 43 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
            
            
               •Collection and use of expertise
            
            
               Not applicable 
            
            
               •Impact assessment
            
            
               Not applicable 
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               There are no budgetary implications expected as a result of the incorporation of Directive (EU) 2015/1535 into the EEA Agreement.
            
            
               5.OTHER ELEMENTS
            
            
               The main adaptations requested by the EFTA side 
            
            
               Justification and proposed solution:
            
            
               Definition of “technical specification”, Article 1(1) (c), adaptation (a)
            
            
               The adaptation ensures that the sentence “agricultural products as referred to in (…) Article 38(1) of the (…) TFEU” is disapplied as part of the definition of a “technical specification”, on the grounds that Article 38(1) TFEU refers to the EUs CAP and CFP, both being instruments which are not within the scope of the EEA Agreement. An identical adaptation is already applicable under the EEA Agreement.
            
            
               Requests for further information, Article 5(1), adaptation (c)
            
            
               An adaptation has been included to ensure sufficient exchange of information between the EU-pillar and the EFTA-pillar. It should be noted that a similar adaptation is already applicable under the EEA Agreement.
            
            
               Forwarding of comments, Article 5(2), adaptation (d)
            
            
               The adaptation clarifies how comments to draft technical regulations shall be communicated between the EU-pillar and the EFTA-pillar. It should be noted that an identical adaptation is already applicable under the EEA Agreement.
            
            
               Detailed opinions, Article 6(1), (2) and (7), adaptation (e)
            
            
               For the sake of clarity, this adaptation ensures that detailed opinions can only be issued within the EFTA-pillar, i.e. that detailed opinions cannot be submitted from an EFTA State to an EU Member State or vice versa.   
            
         
         
            
               Non-application of Article 6(3) to (6), adaptation (f)
            
            
               The provisions contained in Article 6(3) to (6) provide for an extended standstill period in situations where the EU institutions are considering legislating in a field covered by a national, draft technical regulation. These provisions fall beyond the scope of the EEA Agreement.
            
            
            
               2019/0021 (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 Annex II
                  (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) 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 Articles 114, 337 and 43 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, Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement.
            
            
               (3)Directive (EU) 2015/1535 of the European Parliament and of the Council
                  5
                is to be incorporated into the EEA Agreement.
            
            
               (4)Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) 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 Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) 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)
                  
                        OJ L 241, 17.9.2015, p. 1-15.
               
               
                  
                     (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)
                  
                        Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, (OJ L 241, 17.9.2015, p. 1-15).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 31.1.2019
            COM(2019) 31 final
            ANNEX
            to the
            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 Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
            
               
         
         
            
               ANNEX 
            
            
               DECISION OF THE EEA JOINT COMMITTEE
            
            
               No 
            
            
               of 
            
            
               amending Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
            
            
               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)Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services
                  1
                is to be incorporated into the EEA Agreement.
            
            
               (2)Directive (EU) 2015/1535 repeals Directive 98/34/EC of the European Parliament and of the Council
                  2
               , as amended by Directive 98/48/EC of the European Parliament and of the Council
                  3
               , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (3)While EFTA States can issue comments and detailed opinions with respect to a draft technical regulation notified by other EFTA States, they may only submit comments with respect to a draft technical regulation notified by the Member States of the Union and vice versa.
            
            
               (4)Annexes II and XI to the EEA Agreement should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The text of point 1 (Directive 98/34/EC of the European Parliament and of the Council) of Chapter XIX of Annex II to the EEA Agreement is replaced by the following:
            
            
               ‘32015 L 1535: Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
            
            
               The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations: 
            
            
               (a)The second subparagraph of Article 1(1)(c) shall be replaced by the following: 
            
            
               “The term ‘technical specification’ also covers production methods and processes used in respect of products intended for human and animal consumption, and in medicinal products as defined in Article 1 of Directive 2001/83/EC (as incorporated into point 15 q of Chapter XIII of Annex II to the Agreement by Decision of the EEA Joint Committee No 82/2002 of 25 June 2002
                  4
               ), as well as production methods and processes relating to other products, where these have an effect on their characteristics.”; 
            
         
         
            
               (b)The following shall be added to the first subparagraph of Article 5(1): 
            
            
               “A full text of the draft technical regulation notified shall be made available in the original language as well as in a full translation into one of the official languages of the Union.”; 
            
            
               (c)The following subparagraph shall be added to Article 5(1): 
            
            
               “The Commission on behalf of the Union, on the one side, and the EFTA Surveillance Authority or the EFTA States through the EFTA Surveillance Authority, on the other side, may ask for further information on a draft technical regulation notified.”; 
            
            
               (d)The following subparagraph shall be added to Article 5(2): 
            
            
               “The comments of the EFTA States shall be forwarded by the EFTA Surveillance Authority to the Commission in the form of a single coordinated communication and the comments of the Union shall be forwarded by the Commission to the EFTA Surveillance Authority.”;
            
            
               (e)The terms “Member State” and “Commission” in Articles 6(1), (2) and (7) shall be replaced respectively by the terms “EFTA State” and “EFTA Surveillance Authority”. 
            
            
               (f)Articles 6(3), (4), (5) and (6) shall not apply.’ 
            
            
               Article 2
            
            
               The text of point 5i (Directive 98/34/EC of the European Parliament and of the Council) of Annex XI to the EEA Agreement is replaced by the following:
            
            
               ‘32015 L 1535: Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
            
            
               The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations: 
            
            
               (a)The second subparagraph of Article 1(1)(c) shall be replaced by the following: 
            
            
               
                     5
                  “The term ‘technical specification’ also covers production methods and processes used in respect of products intended for human and animal consumption, and in medicinal products as defined in Article 1 of Directive 2001/83/EC (as incorporated into point 15 q of Chapter XIII of Annex II to the Agreement by Decision of the EEA Joint Committee No 82/2002 of 25 June 2002), as well as production methods and processes relating to other products, where these have an effect on their characteristics.”; 
            
            
               (b)The following shall be added to the first subparagraph of Article 5(1): 
            
            
               “A full text of the draft technical regulation notified shall be made available in the original language as well as in a full translation into one of the official languages of the Union.”; 
            
            
               (c)The following subparagraph shall be added to Article 5(1): 
            
            
               “The Commission on behalf of the Union, on the one side, and the EFTA Surveillance Authority or the EFTA States through the EFTA Surveillance Authority, on the other side, may ask for further information on a draft technical regulation notified.”; 
            
            
               (d)The following subparagraph shall be added to Article 5(2): 
            
            
               “The comments of the EFTA States shall be forwarded by the EFTA Surveillance Authority to the Commission in the form of a single coordinated communication and the comments of the Union shall be forwarded by the Commission to the EFTA Surveillance Authority.”;
            
         
         
            
               (e)The terms “Member State” and “Commission” in Articles 6(1), (2) and (7) shall be replaced respectively by the terms “EFTA State” and “EFTA Surveillance Authority”. 
            
            
               (f)Articles 6(3), (4), (5) and (6) shall not apply.’ 
            
            
               Article 3
            
            
               The texts of Directive (EU) 2015/1535 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
            
            
               Article 4
            
            
               This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made
                  6*.
            
            
               Article 5
            
            
               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 241, 17.9.2015, p. 1.
               
               
                  
                     (2)
                  
                        OJ L 204, 21.7.1998, p. 37.
               
               
                  
                     (3)
                  
                        OJ L 217, 5.8.1998, p.18.
               
               
                  
                     (4)
                  
                        OJ L 266, 3.1.2002, p.32 and EEA Supplement No 49, 3.10.2002, p. 22.
               
               
                  
                     (5)
                  
                        OJ L 266, 3.1.2002, p.32 and EEA Supplement No 49, 3.10.2002, p. 22.
               
               
                  
                     (6)
                  , O*
                        [No constitutional requirements indicated.] [Constitutional requirements indicated.]