Explanatory Memorandum to COM(2017)638 - EU position within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee

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dossier COM(2017)638 - EU position within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee.
source COM(2017)638 EN
date 06-11-2017


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The two draft Decisions of the EEA Joint Committee (annexed to the proposed Council Decision) aim to amend the rules of procedure of the EEA Joint Committee in order to add Bulgarian, Romanian and Croatian languages.

The first draft EEA Joint Committee Decision in Annex 1 aims to address the Bulgarian and Romanian languages. Following the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area 1 signed on 25 July 2007 in Brussels, Article 129(1) of the EEA Agreement was amended to add Bulgarian and Romanian to the list of languages of the EEA Agreement. However these two languages should also be added to the list of languages in the rules of procedure of the EEA Joint Committee.

Since the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area, signed on 25 July 2007 in Brussels, already entered into force on 9 November 2011, this EEA Joint Committee Decision can therefore enter into force once adopted by the EEA Committee.

The second draft EEA Joint Committee Decision in Annex 2 aims to address the Croatian language. 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 already amends Article 129(1) 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, should therefore be amended accordingly.

As the 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, this EEA Joint Committee Decision is to apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

• Consistency with existing policy provisions in the policy area

Not Applicable

• Consistency with other Union policies

Not Applicable

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Article 1(3) of Council Regulation (EC) No 2894/94 2 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 in cooperation with the EEAS submits the draft Decisions 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.

• Subsidiarity (for non-exclusive competence)

Not Applicable

• Proportionality

Not Applicable

• Choice of the instrument

In conformity with Article 98 of the EEA Agreement, the chosen instrument is the EEA Joint Committee decision. The EEA Joint Committee shall ensure the effective implementation and operation of the EEA Agreement. To this end, it shall take decisions in the cases provided for in the EEA Agreement.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Collection and use of expertise

Not applicable

• Impact assessment

Not applicable

4. BUDGETARY IMPLICATIONS

There are no budgetary implications.

5. OTHER ELEMENTS

Not applicable