HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 164/2
EN
Official Journal of the European Union
23.6.2012
COUNCIL DECISION
of 7 June 2012
on the position to be taken by the European Union in the EEA Joint Committee concerning an
amendment to 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
(2012/319/EU)
THE COUNCIL OF THE EUROPEAN UNION,
on security. Due to economic constraints, the
participation of Iceland in the GNSS programmes
Having regard to the Treaty on the Functioning of the European
should be suspended temporarily.
Union, and in particular Article 172, in conjunction with
Article 218(9) thereof,
(4) For
the
EEA
Agreement
to
function
well,
Protocol
37
to
the EEA Agreement should be extended to include the
Security Accreditation Board for European GNSS systems
Having regard to Council Regulation (EC) No 2894/94 of
and the Administrative Board set up by Regulation (EU)
28 November 1994 concerning arrangements for implementing
No 912/2010, and Protocol 31 should be amended in
the Agreement on the European Economic Area ( 1 ), and in
order to specify the procedures for participation,
particular Article 1(3) thereof,

(5) The
position
of
the
Union
in
the
EEA
Joint
Committee
Having regard to the proposal from the European Commission,
should be based on the attached draft Decision,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Protocol 31 to the Agreement on the European
Article 1
Economic Area
( 2 ) (‘the EEA Agreement’), contains
The position to be taken by the European Union in the EEA
provisions and arrangements concerning cooperation in
Joint Committee on the proposed amendments to Protocol 31
specific fields outside the four freedoms,
and Protocol 37 to the EEA Agreement shall be based on the
draft Decision of the EEA Joint Committee attached to this
(2) It
is
appropriate
to
extend
the
cooperation
of
the Decision.
Contracting Parties to the EEA Agreement to include
Regulation (EU) No 912/2010 of the European
Article 2
Parliament and of the Council of 22 September 2010
setting up the European GNSS Agency (
This Decision shall enter into force on the day of its adoption.

3 ).
(3) Protocol
31
to
the
EEA
Agreement
should
therefore
be
amended in order to allow for this extended cooperation
Done at Luxembourg, 7 June 2012.
to take place. As regards the participation of Norway,
account should also be taken in this regard of the
For the Council
Cooperation Agreement on Satellite Navigation between
the European Union and its Member States and the
The President
Kingdom of Norway ( 4 ), and in particular its Article 6
M. BDSKOV
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 276, 20.10.2010, p. 11.
( 4 ) OJ L 283, 29.10.2010, p. 12.

---

EN
23.6.2012 Official
Journal
of
the
European
Union L
164/3
DRAFT
DECISION No …/2012 OF THE EEA JOINT COMMITTEE
of
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,
repealing Council Regulation (EC) No
1321/2004 on the establishment of structures
Having regard to the Agreement on the European Economic
for the management of the European satellite
Area, as amended by the Protocol adjusting the Agreement
radio navigation programmes and amending
on the European Economic Area (‘the EEA Agreement’), and
Regulation (EC) No 683/2008 of the
in particular Articles 86, 98 and 101 thereof,
European Parliament and of the Council (OJ
L 276, 20.10.2010, p. 11).
Whereas:
(b) The EFTA States shall contribute financially to the
activities of the Agency referred to under point (a)
(1) It
is
appropriate
to
extend
the
cooperation
of
the
in accordance with Article 82(1)(a) of and
Contracting Parties to the EEA Agreement to include
Protocol 32 to the Agreement.
Regulation (EU) No 912/2010 of the European
Parliament and of the Council of 22 September 2010
setting up the European GNSS Agency ( 1 ).
(c) The EFTA States shall participate fully, without the
right to vote, in the Administrative Board of the
Agency and in the Security Accreditation Board of
(2) Protocol
31
to
the
EEA
Agreement
should
therefore
be
the Agency.
amended in order to allow for this extended cooperation
to take place. As regards the participation of Norway,
account should also be taken in this regard of the
(d) The Agency shall have legal personality. It shall
Cooperation Agreement on Satellite Navigation between
enjoy in all the States of the Contracting Parties
the European Union and its Member States and the
the most extensive legal capacity accorded to legal
Kingdom of Norway ( 2 ), and in particular its Article 6
persons under their law.
on security. However, due to economic constraints, the
participation of Iceland in the GNSS programmes should
be suspended temporarily.
(e) The EFTA States shall apply to the Agency the

Protocol on the Privileges and Immunities of the
European Union.
(3) For
the
EEA
Agreement
to
function
well,
Protocol
37
to
the EEA Agreement should be extended to include the
Security Accreditation Board for European GNSS systems
(f) By way of derogation from Article 12(2)(a) of the
and the Administrative Board set up by Regulation (EU)
Conditions of employment of other servants of
No 912/2010, and Protocol 31 should be amended in
the European Union, nationals of the EFTA
order to specify the procedures for participation,
States enjoying their full rights as citizens may
be engaged under contract by the Executive
Director of the Agency.
HAS ADOPTED THIS DECISION:
(g) By virtue of Article 79(3) of the Agreement, Part
Article 1
VII (Institutional Provisions) of the Agreement,
Article 1 (Research and technological development) of Protocol
with the exception of Sections 1 and 2 of
31 to the EEA Agreement shall be amended as follows:
Chapter 3 of the Agreement, shall apply to this
paragraph.
(1) paragraph 8 shall be replaced by the following:
(h) Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001
‘8. (a)
The
EFTA
States
shall
fully
participate
in
the
regarding public access to European Parliament,
European GNSS Agency, hereinafter referred to
Council and Commission documents shall, for
as the ‘Agency’, as set up by the following
the application of that Regulation, apply to any
Union act:
documents of the Agency, including those
regarding the EFTA States.
— 32010 R 0912: Regulation (EU) No
912/2010 of the European Parliament and
of the Council of 22 September 2010
(i) With regard to Iceland, this paragraph shall be
setting up the European GNSS Agency,
suspended until otherwise decided by the EEA
Joint Committee.
( 1 ) OJ L 276, 20.10.2010, p. 11.
( 2 ) OJ L 283, 29.10.2010, p. 12.
(j) This paragraph shall not apply to Liechtenstein.’;

---

L 164/4
EN
Official Journal of the European Union
23.6.2012
(2) the following shall be added in point (a) of paragraph 8a:
Article 3
This Decision shall enter into force on …, provided that all the
‘, as amended by:
notifications under Article 103(1) of the EEA Agreement have
been made to the EEA Joint Committee (*).
— 32010 R 0912: Regulation (EU) No 912/2010 of the
European Parliament and of the Council of 22 September
It shall apply from 1 January 2012.
2010 (OJ L 276, 20.10.2010, p. 11).’.
Article 4
Article 2
This Decision shall be published in the EEA Section of, and in
Protocol 37 to the EEA Agreement shall be amended as follows:
the EEA Supplement to, the Official Journal of the European
Union.
(1) the points 30 and 31 shall be deleted;
Done at …, …
(2) the following points shall be inserted:
‘34. The Security Accreditation Board for European GNSS
systems (Regulation (EU) No 912/2010).
For the EEA Joint Committee
35. The Administrative Board (Regulation (EU) No
The Secretaries
912/2010).’.
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]

---

Document Outline

• �

---