HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 270/44
EN
Official Journal of the European Union
4.10.2012
DECISION OF THE EEA JOINT COMMITTEE
No 121/2012
of 15 June 2012
amending Protocol 31 (on cooperation in specific fields outside the four freedoms) and Protocol 37
(containing the list provided for in Article 101) to the EEA Agreement
THE EEA JOINT COMMITTEE,
HAS ADOPTED THIS DECISION:
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
Article 1
on the European Economic Area, hereinafter referred to as
Article 1 (Research and technological development) of Protocol
‘the Agreement’, and in particular Articles 86, 98 and 101
31 to the EEA Agreement shall be amended as follows:
thereof,
Whereas:
(1) the text of paragraph 8 shall be replaced by the following:
(1) Protocol
31
to
the
Agreement
was
amended
by
Decision
‘(a) The EFTA States shall fully participate in the European
of the EEA Joint Committee No 101/2012 of 30 April
GNSS Agency, hereinafter referred to as the “Agency”, as
2012 ( 1 ).
set up by the following Union act:
(2) Protocol
37
to
the
Agreement
was
amended
by
Decision
of the EEA Joint Committee No 61/2012 of 30 March
— 32010 R 0912: Regulation (EU) No 912/2010 of
2012 (
the European Parliament and of the Council of

2 ).
22 September 2010 setting up the European
GNSS Agency, repealing Council Regulation (EC)
(3) It
is
appropriate
to
extend
the
cooperation
of
the
No 1321/2004 on the establishment of structures
Contracting Parties to the EEA Agreement to include
for the management of the European satellite radio
Regulation (EU) No 912/2010 of the European
navigation programmes and amending Regulation
Parliament and of the Council of 22 September 2010
(EC) No 683/2008 of the European Parliament
setting up the European GNSS Agency, repealing
and of the Council (OJ L 276, 20.10.2010, p. 11).
Council Regulation (EC) No 1321/2004 on the estab
lishment of structures for the management of the
European satellite radio navigation programmes and
(b) The EFTA States shall contribute financially to the
amending Regulation (EC) No 683/2008 of the
activities of the Agency referred to under point (a) in
European Parliament and of the Council ( 3 ).
accordance with Article 82(1)(a) of and Protocol 32 to
the Agreement.
(4) Protocol
31
to
the
EEA
Agreement
should
therefore
be
amended in order to allow for this extended cooperation
to take place. As regards the participation of Norway,
(c) The EFTA States shall participate fully, without the right
account should also be taken in this regard of the
to vote, in the Administrative Board of the Agency and
Cooperation Agreement on Satellite Navigation between
in the Security Accreditation Board of the Agency.
the European Union and its Member States and
Norway ( 4 ), and in particular its Article 6 on security.
However, due to economic constraints, the participation
(d) The Agency shall have legal personality. It shall enjoy in
of Iceland in the GNSS programmes should be suspended
all the States of the Contracting Parties the most
temporarily.
extensive legal capacity accorded to legal persons
under their law.
(5) For
the
EEA
Agreement
to
function
well,
Protocol
37
to
the EEA Agreement is to be extended to include the
(e) The EFTA States shall apply to the Agency the Protocol
Security Accreditation Board for European GNSS
on the Privileges and Immunities of the European
systems and the Administrative Board set up by Regu
Union.
lation (EU) No 912/2010, and Protocol 31 is to be
amended in order to specify the procedures for partici
pation,
(f) By way of derogation from Article 12(2)(a) of the
Conditions of employment of other servants of the
( 1 ) OJ L 248, 13.9.2012, p. 39.
European Communities, nationals of the EFTA States
( 2 ) OJ L 207, 2.8.2012, p. 41.
( 3 ) OJ L 276, 20.10.2010, p. 11.
enjoying their full rights as citizens may be engaged
( 4 ) OJ L 283, 29.10.2010, p. 12.
under contract by the Executive Director of the Agency.

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EN
4.10.2012 Official
Journal
of
the
European
Union L
270/45
(g) By virtue of Article 79(3) of the Agreement, Part VII
(2) the following points shall be inserted:
(Institutional Provisions) of the Agreement, with the
exception of Sections 1 and 2 of Chapter 3 of the
Agreement, shall apply to this paragraph.
‘36. The Security Accreditation Board for European GNSS
systems (Regulation (EU) No 912/2010).
(h) Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001
37. The Administrative Board (Regulation (EU) No
regarding public access to European Parliament,
912/2010).’.
Council and Commission documents shall, for the appli
cation of that Regulation, apply to any documents of
Article 3
the Agency, including those regarding the EFTA States.
This Decision shall enter into force on the day following the last
(i) With regard to Iceland, this paragraph shall be
notification to the EEA Joint Committee under Article 103(1) of
suspended until otherwise decided by the EEA Joint
the Agreement (*).
Committee.
It shall apply from 1 January 2012.
(j) this paragraph shall not apply to Liechtenstein.’;
Article 4
(2) the following shall be added in point (a) of paragraph 8a:
This Decision shall be published in the EEA Section of, and in
‘, as amended by:
the EEA Supplement to, the Official Journal of the European
Union.
— 32010 R 0912: Regulation (EU) No 912/2010 of the
European Parliament and of the Council of 22 September
2010 (OJ L 276, 20.10.2010, p. 11).’.
Done at Brussels, 15 June 2012.
Article 2
Protocol 37 to the EEA Agreement shall be amended as follows:
For the EEA Joint Committee
The Acting President
(1) the texts of points 30 and 31 shall be deleted;
Gianluca GRIPPA
(*) No constitutional requirements indicated.

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