CELEX: 52015PC0225
Language: en
Date: 2015-05-28
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 Lines 02.03.01 and 12.02.01)

EUROPEAN
                          COMMISSION
                                                   Brussels, 28.5.2015
                                                   COM(2015) 225 final
                                                   2015/0116 (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 Lines 02.03.01 and 12.02.01)
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 the collaboration of the Contracting Parties to the EEA
   Agreement in actions funded from the general budget of the Union concerning "Operation and
   development of the internal market, particularly in the fields of notification, certification and
   sectoral approximation" and "Implementation and development of the internal market".
   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---                                                            2015/0116 (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 Lines 02.03.01 and 12.02.01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 114 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 in actions funded from the general budget of the Union concerning
           "Operation and development of the internal market, particularly in the fields of
           notification, certification and sectoral approximation" and "Implementation and
           development of the internal market".
   (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 within 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
   1
           OJ L 305, 30.11.1994, p. 6.
   2
           OJ L 1, 3.1.1994, p. 3.
EN                                                   3                                         EN
 ---pagebreak---    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
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 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                      Brussels, 28.5.2015
                                                      COM(2015) 225 final
                                                      ANNEX 1
                                           ANNEX
               DECISION OF THE EEA JOINT COMMITTEE No .../2015
                                               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 amendment to Protocol 31 to the EEA Agreement, on
                   cooperation in specific fields outside the four freedoms
                            (Budget Lines 02.03.01 and 12.02.01)
EN                                                                                      EN
 ---pagebreak---                                                       ANNEX
                    DECISION OF THE EEA JOINT COMMITTEE No .../2015
                                                          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 continue the cooperation of the Contracting Parties to the EEA
            Agreement in Union actions funded from the general budget of the European Union
            regarding the implementation, operation and development of the Internal Market.
   (2)      Protocol 31 to the EEA Agreement should therefore be amended in order to allow for
            this extended cooperation to continue beyond 31 December 2014,
   HAS ADOPTED THIS DECISION:
                                                      Article 1
   Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:
   1.         The following paragraph is inserted after paragraph 9:
              ‘10. The EFTA States shall, as from 1 January 2015, participate in the Union
                    actions related to the following budget lines, entered into the general budget of
                    the European Union for the financial year 2015:
                    -       Budget line 02.03.01: “Operation and development of the internal
                            market, particularly in the fields of notification, certification and sectoral
                            approximation”,
                    -       Budget line 12.02.01: “Implementation and development of the internal
                            market”.’
   2.         The words “paragraphs 5 to 9” in paragraphs 3 and 4 are replaced by the words
              “paragraphs 5 to 10”.
                                                      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.
   ∗
            [No constitutional requirements indicated.] [Constitutional requirements indicated.]
EN                                                         2                                               EN
 ---pagebreak---                                             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
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