Explanatory Memorandum to COM(2012)195 - EU position concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement

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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 European Union 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, activities or programmes.

Art. 78 of the EEA Agreement provides that the Contracting Parties shall strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, research and technological development.

1.

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 (on cooperation in specific fields outside the four freedoms) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement.

This concerns Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European Global Navigation Satellite System (GNSS) Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council.

For the purpose of the implementation of this act, certain adaptations are proposed:

(a) Liechtenstein is neither to participate in, nor contribute financially to the GNSS Agency,

(b) The participation of Iceland in the GNSS programmes is to be suspended temporarily, due to economic constraints.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Article 1 i 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.