Explanatory Memorandum to COM(2014)302 - 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 EU legislation into the EEA Agreement as soon as possible after its adoption.

Article 78 of the EEA Agreement provides that the Contracting Parties should strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, information services, and  research and innovation.

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 in order to extend the cooperation of the Contracting Parties in the area of information services, and  research and innovation.

In order to extend the cooperation of the Contracting Parties to the EEA Agreement Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 i needs to be incorporated in the EEA Agreement.

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014.

It should be noted that the EFTA States will only participate in the telecommunications sector of the Connecting Europe Facility and Liechtenstein will be exempted from the participation in, and the financial contribution to, this programme.

2.

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.