Explanatory Memorandum to COM(2018)362 - EU position concerning an amendment to Protocol 31 to the EEA Agreement (Budget Line 33.02.03.01 Company Law) - Main contents
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| dossier | COM(2018)362 - EU position concerning an amendment to Protocol 31 to the EEA Agreement (Budget Line 33.02.03.01 Company Law). |
|---|---|
| source | COM(2018)362  |
| date | 25-05-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In order to ensure the requisite of 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 and also allow for the participation of the EEA EFTA States in EEA relevant EU actions or programmes.
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 allow the EEA EFTA States (Norway, Iceland, and Liechtenstein) to participate in the Union actions related to the Budget line 33 02 03 01: “Company law”, entered into the general budget of the European Union for the financial year 2018.
• Consistency with existing policy provisions in the policy area
The annexed draft Joint Committee Decision is fully consistent with the aim of the EEA Agreement to promote a continuous and balanced strengthening of trade and economic relations between the Contracting Parties with equal conditions of competition, and the respect of the same rules, with a view to creating a homogeneous European Economic Area.
• Consistency with other Union policies
The Joint Committee Decision is also consistent with other Union policies, particularly through the aim to protect homogeneity of the EU Internal Market.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 114 TFEU in conjunction with Article 218(9) thereof. Article 1(3) of Council Regulation (EC) No 2894/94 1 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 Member States and can therefore, by reason of the effects, be better achieved at the Union level.
• Proportionality
In accordance with the principle of proportionality, the proposal does not go beyond what is necessary in order to achieve its objective – to ensure the homogeneity of the Internal Market.
• 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 this Agreement.
3. BUDGETARY IMPLICATIONS
The EEA EFTA States shall financially contribute to the Budget of the Union, Budget line 33 02 03 01: “Company law”. The exact amount will be determined in conformity with the provisions of the EEA Agreement, once this draft Council Decision is adopted.
4. OTHER ELEMENTS
In line with the EU budgetary policy, any participation in an EU activity can take place only once the corresponding financial contribution is paid. However, in line with Protocol 32 to the EEA Agreement the yearly financial contribution from the EEA EFTA States is coming every year by 31 August, following the EU call for funds established by the European Commission and submitted to the EEA EFTA States by 15 August.
Therefore, in order to bridge the period between January and August, the draft Joint Committee Decision shall be retroactively applicable since January. This way the continuity of cooperation, as provided for in EEA Agreement, is ensured throughout the entire calendar year.
The retroactivity does not affect the rights and obligations of persons concerned and respects the principle of the legitimate expectations.