Explanatory Memorandum to COM(2014)301 - 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 shall strengthen and broaden cooperation in the framework of the Union’s activities in the field of, among others, social policy.

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 to the EEA Agreement, Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 i needs to be incorporated in the EEA Agreement.

Liechtenstein will only take part in the activities under the programme funded by budget lines 33 01 04 01 Support expenditure for Rights and Citizenship and 33 02 02 Promoting non-discrimination and equality.

It should also be noted that Norway will not participate in the programme. An adaptation text to this effect has been included in the draft Joint Committee Decision (JCD). However, Norway intends to participate fully as of 1 January 2015 provided that the necessary budgetary means are allocated. If so, a new draft JCD will be presented to the EU side, amending Article 5(8) of Protocol 31 by removing the adaptation text concerning Norway.

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.

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.