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Document 52023PC0598
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 (EMSA Regulation)
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 (EMSA Regulation)
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 (EMSA Regulation)
COM/2023/598 final
EUROPEAN COMMISSION
Brussels, 18.10.2023
COM(2023) 598 final
2023/0366(NLE)
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
(EMSA Regulation)
(Text with EEA relevance)
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be adopted on the Union's behalf in the EEA Joint Committee in connection with the envisaged adoption of the Joint Committee Decision concerning an amendment of Annex XIII (Transport) to the EEA Agreement
2.Context of the proposal
2.1.The EEA Agreement
The Agreement on the European Economic Area (‘the EEA Agreement’) guarantees equal rights and obligations within the Internal Market for citizens and economic operators in the EEA. It provides for the inclusion of EU legislation covering the four freedoms throughout the 30 EEA States comprising of EU Member States, Norway, Iceland and Liechtenstein. In addition, the EEA Agreement covers cooperation in other important areas such as research and development, education, social policy, the environment, consumer protection, tourism and culture, collectively known as “flanking and horizontal” policies. The EEA Agreement entered into force on 1 January 1994. The Union together with its Member States is a party to the EEA Agreement.
2.2.The EEA Joint Committee
The EEA Joint Committee is responsible for the management of the EEA Agreement. It is a forum for exchanging views linked to the functioning of the EEA Agreement. Its decisions are taken by consensus and are binding on the Parties. The responsibility for coordinating EEA matters on the EU side is with the Secretariat General of the European Commission.
2.3.The envisaged act of the EEA Joint Committee
The EEA Joint Committee is expected to adopt the EEA Joint Committee Decision (‘the envisaged act’) regarding the amendment of Annex XIII (Transport) to the EEA Agreement.
The purpose of the envisaged act is to incorporate Regulation establishing a European Maritime Safety Agency (EMSA Regulation) 1 into the EEA Agreement.
The envisaged act will become binding on the parties in accordance with Articles 103 and 104 of the EEA Agreement.
3.Position to be taken on the Union's behalf
The Commission submits the annexed draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The position, once adopted, should be presented in the EEA Joint Committee at the earliest possible opportunity.
The annexed draft Decision of the EEA Joint Committee introduces participation rights for the EEA EFTA States in the European Maritime Safety Agency, which goes beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94. The Union position shall therefore be established by the Council.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 2 .
4.1.2.Application to the present case
The EEA Joint Committee is a body set up by an agreement, namely the EEA Agreement. The act, which the EEA Joint Committee is called upon to adopt, constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Articles 103 and 104 of the EEA Agreement.
The envisaged act does not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation No 2894/94 concerning arrangements for implementing the Agreement on the European Economic Area.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU in conjunction with Article 1(3) of Council Regulation No 2894/94 depends primarily on the substantive legal basis of the EU legal act to be incorporated into the EEA Agreement.
If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
Since the Joint Committee Decision incorporates Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 amending Regulation (EC) No 1406/2002 (OJ L 39, 9.2.2013, p. 30) into the EEA Agreement, it is appropriate to base this Council decision on the same substantive legal base as the act that is incorporated. Therefore, the substantive legal basis of the proposed decision is Article 100(2) of the TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with Article 218(9) TFEU and Article 1(3) of Council Regulation No 2894/94 concerning arrangements for implementing the EEA Agreement.
5.Publication of the envisaged act
As the act of the EEA Joint Committee will amend Annex XIII (Transport) to the EEA Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2023/0366 (NLE)
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
(EMSA Regulation)
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100 (2) 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)Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 amending Regulation (EC) No 1406/2002 5 should 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,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 18.10.2023
COM(2023) 598 final
ANNEX
to the
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
(EMSA Regulation)
ANNEX
DRAFT DECISION OF THE EEA JOINT COMMITTEE
No […]
of […]
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
Whereas:
(1)Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency 1 is to be incorporated into the EEA Agreement.
(2)Annex XIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Point 56o (Regulation (EC) No 1406/2002 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement shall be amended as follows:
1.The following indent is added:
‘-32013 R 0100: Regulation (EU) No 100/2013 of the European Parliament and of the Council of 15 January 2013 (OJ L 39, 9.2.2013, p. 30).’
2.In adaptation (b), the words “and Article 2a” shall be inserted after the words “Article 2”.
3.The text of adaptation (c) is replaced by the following:
‘Article 3 shall be amended as follows:
(i)In paragraph 3, the following shall be added: “The Agency shall assist the EFTA Surveillance Authority or the Standing Committee, as necessary, in the performance of its tasks related to recognised organisations and training and qualifications for seafarers in third countries in accordance with the EEA Agreement.”
(ii)In paragraph 4, the following shall be added: “When the visit or an inspection has been carried out in an EFTA State on behalf of the EFTA Surveillance Authority, the Agency shall send the report to the EFTA Surveillance Authority and the EFTA State concerned.”
(iii)In paragraph 5, the following shall be added: “The EFTA Surveillance Authority shall also receive the Agency’s analysis.”’
4.The text of adaptation (e) is replaced by the following:
‘The following paragraph shall be added to Article 6:
“4.By way of derogation from Articles 12(2)(a) and 82(3)(a) of the Conditions of Employment of Other Servants, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.
By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other Servants, the languages referred to in Article 129(1) of the EEA Agreement shall be considered by the Agency, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on European Union.”’
5.The text of adaptation (f) is replaced by the following:
‘The following paragraph shall be added to Article 7:
“The EFTA States shall grant privileges and immunities to the Agency and its staff equivalent to those contained in the Protocol on Privileges and Immunities of the European Union.”’
6.The text of adaptation (g) is replaced by the following:
‘In Article 10(2)(b), the words “the EFTA Surveillance Authority,” shall be inserted after the words “the Commission,”.’
7.The text of adaptation (h) shall be replaced by the following:
‘Article 11 shall be amended as follows:
(i)The following shall be added to paragraph 1:
“The EFTA Surveillance Authority shall have one representative on the Administrative Board, without the right to vote.”
(ii)The following shall be added to paragraph 2:
“The EFTA Surveillance Authority shall appoint a member of the Administrative Board as well as an alternate who will represent the member in his/her absence.”
(iii)The following paragraph shall be added:
“5. The EFTA States shall participate fully in the Administrative Board and shall within it have the same rights and obligations as EU Member States, except for the right to vote.”’
8.In adaptation (i), the number “7.” is replaced by the number “12.”.
9.Adaptation (b) is renumbered as adaptation (c), adaptations (c), (d), (e), (f), (g), (h), (i) and (j) are renumbered as adaptations (f), (g), (h), (i), (j), (k), (l) and (m) respectively.
10.The following adaptations are inserted:
‘(b) In Article 1(1) the words “as well as response to marine pollution caused by oil and gas installations” shall not apply to the EFTA States, to the extent the oil and gas installations are not falling in the territorial scope of the EEA Agreement.’
‘(d) In Articles 2(3)(d) and 2(5) the words “as well as marine pollution caused by oil and gas installations” shall not apply to the EFTA States, to the extent the oil and gas installations are not falling in the territorial scope of the EEA Agreement.’
‘(e) Articles 2(4)(g) and 2a(2)(e) shall not apply to the EFTA States, to the extent the oil and gas installations are not falling in the territorial scope of the EEA Agreement.’
‘(n) In Article 10(2)(c), the words “and the EFTA Surveillance Authority,” shall be inserted after the word “Commission”.’
‘(o) This Regulation shall not apply to Liechtenstein. Consequently, Liechtenstein will not participate in the European Maritime Safety Agency or contribute financially to its operation.’
Article 2
The text of Regulation (EU) No 100/2013 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 2*.
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, […].
For the EEA Joint Committee
The President
[…]
The Secretaries
To the EEA Joint Committee
[…]
Joint Declaration by the Contracting Parties
to Decision No …/… incorporating Regulation (EU) No 100/2013 of the European Parliament and of the Council into the Agreement
The parties acknowledge that the incorporation of this act is without prejudice to the direct application of Protocol 7 on the privileges and immunities of the European Union to the nationals of EFTA states in the territory of each Member State of the European Union, pursuant to Article 11 of that Protocol.
