Explanatory Memorandum to COM(2019)337 - EU position in the EEA Joint Committee amending Protocol 31 to the EEA Agreement [RescUE] - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2019)337 - EU position in the EEA Joint Committee amending Protocol 31 to the EEA Agreement [RescUE]. |
|---|---|
| source | COM(2019)337  |
| date | 15-07-2019 |
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 Protocol 31 to the EEA Agreement on “cooperation in specific fields outside the four freedoms” in order to extend the cooperation of the contracting parties in the area of civil protection. In the present case, the purpose of this amendment is to include Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism 1 to allow the EEA EFTA States to participate in the Union actions related to this EU Decision as of 21 March 2019.
• 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) in the field of civil protection in order to improve the Union's response to natural and man-made disasters.
• 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 196 of the Treaty on the Functioning of the European Union in conjunction with Article 218(9) thereof.
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.
• 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.
• 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
The EEA EFTA States shall financially contribute to the Mechanism in conformity with its amended provisions as of 21 March 2019.