Explanatory Memorandum to COM(2012)231 - EU position concerning an amendment to Protocol 31 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, the environment.

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 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.

First of all, cooperation would be extended to include Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the Environment Agency and the European Environment Information and Observation Network. Secondly, cooperation would be extended to the field of sport.

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.