Explanatory Memorandum to COM(2014)523 - EU position concerning an amendment to Protocol 31 to the EEA Agreement (Budget Lines 02.03.01 and 12.02.01)

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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 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.

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 Agreementon cooperation in specific fields outside the four freedoms in order to extend the cooperation of the Contracting Parties to the EEA Agreement to include cooperation 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'.

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.

The Decision of the EEA Joint Committee should serve also as the agreement of the Parties, pursuant to Article 1(8) of Protocol 32 to the EEA Agreement, to continue the cooperation beyond 31 December 2013 even if the EEA Joint Committee Decision annexed to this Decision is adopted, or if the fulfilment of constitutional requirements for this EEA Joint Committee Decision, if any, is notified after 10 July 2014.