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8.11.2012 Official
Journal
of
the
European
Union L
309/23
DECISION OF THE EEA JOINT COMMITTEE
No 140/2012
of 13 July 2012
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four
freedoms
THE EEA JOINT COMMITTEE,
(c) The EFTA
States shall,
in consequence
of (b), participate
fully, without the right to vote, in the Agency
Having regard to the Agreement on the European Economic
Management Board and shall be associated with the
Area, as amended by the Protocol adjusting the Agreement
work of the scientific committee of the Agency.
on the European Economic Area, hereinafter referred to as the
‘Agreement’, and in particular Articles 86 and 98 thereof,
(d) The term “Member State(s)” and other terms referring
Whereas:
to their public entities contained in Articles 4 and 5 of
the Regulation shall be understood to include, in
(1) Protocol
31
to
the
Agreement
was
amended
by
Decision
addition to their meaning in the Regulation, the
of the EEA Joint Committee No 122/2012 of 15 June
EFTA States and their public entities.
2012 ( 1 ).
(e) Environmental data supplied to or emanating from the
(2) It
is
appropriate
to
extend
the
cooperation
of
the
Agency may be published and shall be made accessible
Contracting Parties to the Agreement to include Regu
to the public, provided that confidential information is
lation (EC) No 401/2009 of the European Parliament and
afforded the same degree of protection in the EFTA
of the Council of 23 April 2009 on the European
States as it is afforded within the Community.
Environment Agency and the European Environment
Information and Observation Network ( 2 ).
(f) The
Agency
shall
have
legal
personality.
It
shall
enjoy
(3) It
is
appropriate
to
extend
the
cooperation
of
the
in all the States of the Contracting Parties the most
Contracting Parties to the Agreement to the field of
extensive legal capacity accorded to legal persons
sport.
under their laws.
(4) Regulation
(EC)
No
401/2009
repeals
Council
Regulation
(EEC) No 1210/90 (
(g) EFTA States shall apply to the Agency the Protocol of

3 ) which is incorporated into the
Agreement and which is consequently to be repealed
Privileges and Immunities of the European Commu
under the Agreement.
nities.

(5) Protocol
31
to
the
Agreement
should
therefore
be
(h) By way of derogation from Article 12(2)(a) of the
amended in order to allow for this extended cooperation
Conditions of employment of other servants of the
to take place,
European Communities, nationals of the EFTA States
enjoying their full rights as citizens may be engaged
HAS ADOPTED THIS DECISION:
under contract by the Executive Director of the Agency.
Article 1
(i) By
virtue
of
Article
79(3),
Part
VII
(Institutional
Provi
Protocol 31 to the Agreement shall be amended as follows:
sions) of the Agreement shall apply to this paragraph.
(1) paragraph 2 of Article 3 of Protocol 31 to the Agreement
shall be replaced by the following:
(j) Regulation (EC) No 1049/2001 of the European
Parliament and the Council of 30 May 2001
‘(a) The EFTA States shall participate fully in the European
regarding public access to European Parliament,
Environment Agency, hereinafter referred to as the
Council and Commission documents shall, for the
“Agency”, and the European Environment Information
application of Regulation (EC) No 401/2009, apply
and observation network, as set up in Regulation (EC)
to any documents of the Agency regarding the EFTA
No 401/2009 of the European Parliament and of the
States as well.
Council of 23 April 2009 on the European
Environment Agency and the European Environment
___________
Information and Observation Network (*).
(*) OJ L 126, 21.5.2009, p. 13.’;
(b) The EFTA States shall contribute financially to the
activities referred to under (a) in accordance with
Article 82(1) and Protocol 32 of the Agreement.
(2) the heading of Article 4 (Education, training and youth)
shall be replaced by the following:
( 1 ) OJ L 270, 4.10.2012, p. 46.
( 2 ) OJ L 126, 21.5.2009, p. 13.
( 3 ) OJ L 120, 11.5.1990, p. 1.
‘Education, training, youth and sport’.

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L 309/24
EN
Official Journal of the European Union
8.11.2012
Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee
under Article 103(1) of the Agreement (*).
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, 13 July 2012.
For the EEA Joint Committee
The President
Atle LEIKVOLL
(*) No constitutional requirements indicated.

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Document Outline

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