Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

EXPLANATORY MEMORANDUM

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (Transport) to the EEA Agreement in order to incorporate Commission Regulation (EU) No 1305/2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union ¹ .

The adaptations appearing in the draft of the annexed Decision of the EEA Joint Committee go beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94.

The annexed draft EEA Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

The legislation to be incorporated into the EEA Agreement is based on Articles 91 and 172 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 EEAS in cooperation with the Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.

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.

In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.

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 expected as a result of the incorporation of Commission Regulation (EU) No 1305/2014 into the EEA Agreement.

The Commission Regulation (EU) No 1305/2014 foresees a creation of a "Steering Committee", referred to in Section 7.1.4 of the Annex. This Steering Committee shall provide for the strategic management structure to efficiently manage and coordinate the work for implementing the technical specifications for interoperability (TSI) for the ‘telematics applications for freight’ (TAF).

These functions shall be vested with the EFTA Surveillance Authority (ESA) within the EFTA side, in line with the two-pillar structure of the EEA Agreement. The EEA EFTA States are therefore requesting a status of observer for ESA in this Steering Committee.

It should be noted, that the members of the Steering Committee may propose to the Steering Committee that other organisations be included as observers where there are sound technical and organisational reasons for doing so.

on the position to be adopted, on behalf of the European Union,
within the EEA Joint Committee concerning an amendment to Annex XIII (Transport)
to the EEA Agreement

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91 and 172 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. Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIII (Transport) to the EEA Agreement.

3. Commission Regulation (EU) No 1305/2014 ⁵ is to be incorporated into the EEA Agreement.

4. Annex XIII (Transport) to the EEA Agreement should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XIII (Transport) to the EEA Agreement, shall be based on the draft decision 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
DECISION OF THE EEA JOINT COMMITTEE No .../2018

of

amending Annex XIII (Transport) to the EEA Agreement

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

1. Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 ¹ is to be incorporated into the EEA Agreement.

2. Regulation (EU) No 1305/2014 repeals Commission Regulation (EC) No 62/2006 ² , which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

3. Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 37h (Commission Regulation (EC) No 62/2006) of Annex XIII to the EEA Agreement is replaced by the following:

0. ‘32014 R 1305: Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EU) No 62/2006 (OJ L 356, 12.12.2014, p. 438).

1. The Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

   13733. The following paragraph shall be added after section 7.1.4.(3) of the Annex:

4.    The EFTA Surveillance Authority shall have observer status in the Steering Committee.’

Article 2

The texts of Regulation (EU) No 1305/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made ³*, or on the day of the entry into force of Decision of the EEA Joint Committee No xx/xxxx of x.xx.xxxx ⁴ [incorporating Directive 2012/34/EU], whichever is the later.

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, .