Explanatory Memorandum to COM(2014)526 - EU position concerning an amendment to Protocol 31 to the EEA Agreement (Satellite Navigation)

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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 fields of, inter alia, information services, and  research and technological development.

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 technological development.

In order to extend the cooperation of the Contracting Parties to the EEA Agreement in this area (to take place from 1 January 2014), Regulation (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013 on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council i needs to be incorporated to the EEA Agreement through the above mentioned amendment.

It should be noted that Norway has already participated and contributed financially to the activities resulting from the Regulation (EC) No 683/2008 of the European Parliament and of the Council i through the inclusion of that Regulation in Protocol 31 to the EEA Agreement.

Due to Iceland's economic constraints, the participation of Iceland in this area should be temporarily suspended.

The related Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway i, which was signed on 22 September 2010, applies provisionally as of 1 May 2011.

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 commence the cooperation under Regulation (EU) No 1285/2013 from 1 January 2014 even if this EEA Joint Committee Decision is adopted, or if the fulfilment of constitutional requirements for this EEA Joint Committee Decision, if any, is notified after 10 July 2014.