Explanatory Memorandum to COM(2017)640 - EU position concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement - Main contents
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| dossier | COM(2017)640 - EU position concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA ... |
|---|---|
| source | COM(2017)640  |
| date | 06-11-2017 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement in order to incorporate Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services 1 .
• Consistency with existing policy provisions in the policy area
The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).
• Consistency with other Union policies
The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legislation to be incorporated into the EEA Agreement is based on Articles 114, 337 and 43 of the Treaty on the Functioning of the European Union.
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 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.
• Subsidiarity (for non-exclusive competence)
The proposal complies with the subsidiarity principle for the following reason.
The objective of this proposal, namely to ensure the homogeneity of the Internal Market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level.
The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.
• Proportionality
In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.
• 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 expected as a result of the incorporation of Directive (EU) 2015/1535 into the EEA Agreement.
5. OTHER ELEMENTS
The main adaptations requested by the EFTA side
Justification and proposed solution:
Definition of “technical specification”, Article 1(1) c), adaptation (a)
The adaptation ensures that the sentence “agricultural products as referred to in (…) Article 38(1) of the (…) TFEU” is disapplied as part of the definition of a “technical specification”, on the grounds that Article 38(1) TFEU refers to the EUs CAP and CFP, both being instruments which are not within the scope of the EEA Agreement. An identical adaptation is already applicable under the EEA Agreement.
Requests for further information, Article 5(1), adaptation (c)
An adaptation has been included to ensure sufficient exchange of information between the EU-pillar and the EFTA-pillar. It should be noted that a similar adaptation is already applicable under the EEA Agreement.
Forwarding of comments, Article 5(2), adaptation (d)
The adaptation clarifies how comments to draft technical regulations shall be communicated between the EU-pillar and the EFTA-pillar. It should be noted that an identical adaptation is already applicable under the EEA Agreement.