Explanatory Memorandum to COM(2012)235 - 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 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.

Article 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, social policy.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



1. 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 extend the cooperation of the Contracting Parties to include cooperation concerning free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries.

2. This amendment aims to allow the EFTA States to participate, as from 1st January 2012, in the actions funded from the following budget lines, entered in the general budget of the European Union for the financial year 2012: Budget line 04 01 04 08 “Free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries – Expenditure on administrative management” and Budget line 04 03 05 “Free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries”.

3. By virtue of Article 79  i, and without prejudice to Article 80 of the EEA Agreement, Part VII (Institutional Provisions) of the Agreement shall partly apply to this cooperation.

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.