Explanatory Memorandum to COM(2015)18 - EU position within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee (accession Croatia)

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1. CONTEXT OF THE PROPOSAL

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend the rules of procedure of the EEA Joint Committee reflecting the Agreement on the participation of the Republic of Croatia in the European Economic Area (“the 2014 EEA Enlargement Agreement”), signed on 11 April 2014 in Brussels.

The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014.

The 2014 EEA Enlargement Agreement amends Article 129 i of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 i, should therefore be amended accordingly.

The Decision of the EEA Joint Committee is to apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

1.

LEGAL ELEMENTS OF THE PROPOSAL



Article 1 i (b) first indent of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that for the purpose of adopting the Union's position regarding EEA Joint Committee decisions other than those which extend Union legislation to the EEA, the Council acts, on a proposal from the Commission, by a simple majority when the decision relates to the Committee's Rules of Procedure or a question of procedure.

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.