Explanatory Memorandum to COM(2018)357 - EU position concerning an amendment to Protocol 30 (on specific provisions on the organization of cooperation in the field of statistics) to the EEA Agreement - Main contents
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| dossier | COM(2018)357 - EU position concerning an amendment to Protocol 30 (on specific provisions on the organization of cooperation in the field ... |
|---|---|
| source | COM(2018)357  |
| date | 24-05-2018 |
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 at ensuring continuous cooperation with the EEA EFTA States (Norway, Liechtenstein and Iceland) in the context of the European statistical programme 2013-17, which was extended to 2020 by Regulation (EU) 2017/1951 1 .
The annexed draft Decision of the EEA Joint Committee therefore suggests amending Protocol 30 ( www.efta.int/sites/default/files/documents%20to%20the%20Agreement/protocol30.pdf">on specific provisions on the organization of cooperation in the field of statistics ) to the EEA Agreement accordingly.
The EEA EFTA States shall financially contribute to the EU budget for their participation in this programme. The position on this draft Decision of the EEA Joint Committee shall therefore be established by the Council.
• 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 Article 338(1) 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
• Not applicable
4. BUDGETARY IMPLICATIONS
In order to be in position to participate in the European statistical programme, the EEA EFTA States shall financially contribute to budget of the European Union. The exact amount shall be determined once this Council decision is adopted.
5. OTHER ELEMENTS
• Not applicable