Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee

EXPLANATORY MEMORANDUM

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.

Not Applicable

Not Applicable

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.

Not Applicable

Not Applicable

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.

Not applicable

Not applicable

There are no budgetary implications.

Not applicable

on the position to be adopted, on behalf of the European Union,
within the EEA Joint Committee concerning amending the rules of procedure
of the EEA Joint Committee

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area ³ , and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

1. The Agreement on the European Economic Area ⁴ ('the EEA Agreement') entered into force on 1 January 1994.

2. Following the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area ⁵ 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.

3. The Agreement on the participation of the Republic of Croatia in the European Economic Area ⁶  (“the 2014 EEA Enlargement Agreement”) signed on 11 April 2014 in Brussels, amends Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

4. The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 ⁷ and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 ⁸ , should therefore be amended accordingly.

5. The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and the corresponding Decision of the EEA Joint Committee should therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

6. The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decisions,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendments to the rules of procedure of the EEA Joint Committee, shall be based on the draft decisions of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

ANNEX 1

DECISION OF THE EEA JOINT COMMITTEE

No .../2017

Proposal for a Council Decision

amending the rules of procedure of the EEA Joint Committee

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 92(3) thereof,

Whereas:

1. 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.

2. The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area entered into force on 9 November 2011.

3. In the rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 ² and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 ³ , Bulgarian and Romanian should be added to the list of languages. Consequently, the list of languages to the rules of procedure of the EEA Joint Committee should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision of the EEA Joint Committee No 1/94 is amended as follows:

1.    The text of Article 6(2) is replaced by the following:

‘The texts of the EC acts to be integrated into Annexes to the Agreement in accordance with Article 102(1) are equally authentic in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union. They shall be drawn up in the Icelandic and Norwegian languages and shall be authenticated by the EEA Joint Committee together with the relevant decisions referred to in paragraph 1.’

2. The text of Article 11(1) is replaced by the following:

‘Decisions of the EEA Joint Committee amending Annexes or Protocols to the Agreement shall be published in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages in the EEA Section of the Official Journal of the European Union and in the Icelandic and Norwegian languages in the EEA Supplement thereto.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels,

ANNEX 2

DECISION OF THE EEA JOINT COMMITTEE

No .../2017

of

amending the rules of procedure of the EEA Joint Committee

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 92(3) thereof,

Whereas:

1. Following the Agreement on the participation of the Republic of Croatia in the European Economic Area ¹ (“the 2014 EEA Enlargement Agreement”) signed on 11 April 2014 in Brussels, Article 129(1) of the EEA Agreement shall be amended to add Croatian to the list of languages of the EEA Agreement.

2. In the rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 ² , amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 ³ , and further amended by Decision of the EEA Joint Committee No […] of […], Croatian should be added to the list of languages. Consequently, the list of languages to the rules of procedure of the EEA Joint Committee should therefore be amended accordingly.

3. The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and this Decision shall therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Decision of the EEA Joint Committee No 1/94 is amended as follows:

1.    The text of Article 6(2) is replaced by the following:

‘The texts of the EC acts to be integrated into Annexes to the Agreement in accordance with Article 102(1) are equally authentic in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union. They shall be drawn up in the Icelandic and Norwegian languages and shall be authenticated by the EEA Joint Committee together with the relevant decisions referred to in paragraph 1.’

2. The text of Article 11(1) is replaced by the following:

‘Decisions of the EEA Joint Committee amending Annexes or Protocols to the Agreement shall be published in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages in the EEA Section of the Official Journal of the European Union and in the Icelandic and Norwegian languages in the EEA Supplement thereto.

Article 2

This Decision shall enter into force on , or on the day of the entry into force of the 2014 EEA Enlargement Agreement, whichever is the later.

It shall apply provisionally from 12 April 2014.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels,