This document is an excerpt from the EUR-Lex website
Document 52025PC0024
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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Govsatcom and Secure Connectivity)
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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Govsatcom and Secure Connectivity)
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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Govsatcom and Secure Connectivity)
COM/2025/24 final
EUROPEAN COMMISSION
Brussels, 3.2.2025
COM(2025) 24 final
2025/0010(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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
(Govsatcom and Secure Connectivity)
(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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.
The purpose of the envisaged act is to extend the cooperation agreed by the Contracting Parties to the EEA Agreement in Decision of the EEA Joint Committee No 319/2021 of 29 October 2021 to the Governmental Satellite Communication (GOVSATCOM) component of the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council and to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2023/588 establishing the Union Secure Connectivity Programme for the period 2023-2027 (Secure Connectivity) 1 .
In line with the EU budgetary policy, any participation in an EU activity can take place only once the corresponding financial contribution is paid. The payment can however take place once the draft Council Decision is adopted and the subsequent EU call for funds, established by the European Commission, is submitted to the EEA EFTA States.
The envisaged act will become binding on the Contracting 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 extends the participation rights of the EEA EFTA States agreed by the Contracting Parties to the EEA Agreement in Decision of the EEA Joint Committee No 319/2021 of 29 October 2021 to the Governmental Satellite Communication (GOVSATCOM) component of the Union Space Programme and introduces participation rights for the EEA EFTA States in the Union Secure Connectivity Programme for the period 2023-2027, which goes beyond what can be considered mere technical adaptations in the sense of Council Regulation No 2894/94 2 . The Union position shall therefore be established by the Council.
The EEA EFTA States should also contribute financially to the activities referred to above.
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’ 3 .
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.
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 extends the participation rights of the EEA EFTA States agreed by the Contracting Parties to the EEA Agreement in Decision of the EEA Joint Committee No 319/2021 of 29 October 2021 to the Governmental Satellite Communication (GOVSATCOM) component of the Union Space Programme and extends the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2023/588 establishing the Union Secure Connectivity Programme for the period 2023-2027 (Secure Connectivity), 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 189(2) of the TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 189(2) TFEU, in conjunction with Article 218(9) TFEU and Article 1(3) of Council Regulation No 2894/94.
5.Publication of the envisaged act
As the act of the EEA Joint Committee will amend Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2025/0010 (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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
(Govsatcom and Secure Connectivity)
(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 189(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 4 , 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 5 ('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, Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.
(3)It is appropriate to extends the participation rights of the EEA EFTA States agreed by the Contracting Parties to the EEA Agreement in Decision of the EEA Joint Committee No 319/2021 of 29 October 2021 to the Governmental Satellite Communication (GOVSATCOM) component of the Union Space Programme and to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2023/588 of the European Parliament and of the Council 6 .
(4)Protocol 31 to the EEA Agreement 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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, 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, 3.2.2025
COM(2025) 24 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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
(Govsatcom and Secure Connectivity)
ANNEX
DRAFT DECISION OF THE EEA JOINT COMMITTEE
No […]
of […]
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,
Whereas:
(1)The Contracting Parties acknowledge the existing formal cooperation in the Union Space Programme. They wish to build on this strong partnership and to extend the cooperation to the GOVSATCOM component of the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council and the Secure Connectivity Programme established by Regulation (EU) 2023/588 of the European Parliament and of the Council.
(2)It is appropriate to extend the cooperation agreed by the Contracting Parties to the EEA Agreement in Decision of the EEA Joint Committee No 319/2021 of 29 October 2021 to the Governmental Satellite Communication (GOVSATCOM) component of the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council.
(3)It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 1 .
(4)The conditions for the participation of EFTA States and their institutions, undertakings, organizations and nationals in programmes of the European Union are set out in the EEA Agreement and in particular in Article 81 thereof.
(5)The agreements between the European Union and the EFTA States, respectively, on security procedures for the exchange of classified information should be taken into account.
(6)Additional cooperation principles may, if needed, be agreed between the Contracting Parties to regulate specific areas not covered by this Decision.
(7)The participation of the EFTA States in the GOVSATCOM component and the Secure Connectivity Programme on the basis of the EEA Agreement is of mutual interest to the Contracting Parties.
(8)It is appropriate that the participation of Iceland and Norway in the programme committees, working groups and other activities resulting from the GOVSATCOM component and the Secure Connectivity Programme commence from 1 September 2024, irrespective of when this Decision is adopted, or whether the fulfilment of constitutional requirements for this Decision, if any, is notified after 10 July 2025.
(9)On the basis of Iceland and Norway becoming users of the capacities and services of the GOVSATCOM component, Iceland and Norway will contribute financially to the EU commitments budgeted for the GOVSATCOM component for the financial years 2021 to 2024.
(10)On the basis of Iceland and Norway becoming users of the capacities and services of the Secure Connectivity Programme, Iceland and Norway will contribute financially to the EU commitments budgeted for the Secure Connectivity Programme for the financial years 2023 and 2024.
(11)The contributions are determined at this point in time based on significant investments executed in the first years of the implementation of the programme. These investments concern the creation of infrastructure that will be used by all participants of the system, including Iceland and Norway.
(12)Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place,
HAS ADOPTED THIS DECISION:
Article 1
Article 1 of Protocol 31 to the EEA Agreement shall be amended as follows:
1.Paragraph 8e shall be amended as follows:
(a)in point (a), the words “the Governmental Satellite Communication (GOVSATCOM) and” shall be deleted;
(b)points (b) to (o) shall be renumbered as point (c) to (p);
(c)the following point shall be added after point (a):
‘(b)An EFTA State may become a participant in the Governmental Satellite Communication (GOVSATCOM) component subject to the conclusion of a specific agreement as referred to in Article 7(2) of Regulation (EU) 2021/696.’;
(d)the text of point (c) shall be replaced by the following:
“The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement.
The EFTA States shall contribute financially to the activities referred to under (b) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement, after the conclusion of an agreement referred to under point (b).
In addition, based on Article 82(1)(c) and (2) of the EEA Agreement and as agreed in accordance with paragraphs 8 and 9 of Article 1 of Protocol 32 to the EEA Agreement, Iceland shall, after the conclusion of an agreement referred to under (b), contribute the amount of EUR 98.000 (ninety-eight thousand) for the financial years 2021 to 2024 to the GOVSATCOM component. This amount shall take form of three equal instalments, to be included respectively in the call for funds for the financial years of 2025, 2026 and 2027, as referred to in the first subparagraph of Article 2(2) of Protocol 32.
In addition, based on Article 82(1)(c) and (2) of the EEA Agreement and as agreed in accordance with paragraphs 8 and 9 of Article 1 of Protocol 32 to the EEA Agreement, Norway shall, after the conclusion of an agreement referred to under (b), contribute the amount of EUR 1.896.000 (one million eight hundred and ninety-six thousand) for the financial years 2021 to 2024 to the GOVSATCOM component. This amount shall take form of three equal instalments, to be included respectively in the call for funds for the financial years of 2025, 2026 and 2027, as referred to in the first subparagraph of Article 2(2) of Protocol 32.”;
(e)in point (d), the word “(b)” shall be replaced by the word “(c)”;
(f)the text of point (o) shall be replaced by the following:
“With regard to Liechtenstein, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.”
2.The following is inserted after paragraph 8e:
‘8f.(a)The EFTA States shall participate in the activities which may result from the following Union act:
-32023 R 0588: Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023, p. 1).
(b)An EFTA State may become a participant to the Union Secure Connectivity Programme subject to the conclusion of a specific agreement as referred to in Article 39(1) of Regulation (EU) 2023/588.
(c)The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement, after the conclusion of an agreement referred to under point (b).
In addition, based on Article 82(1)(c) and (2) of the EEA Agreement and as agreed in accordance with paragraphs 8 and 9 of Article 1 of Protocol 32 to the EEA Agreement, Iceland shall, after the conclusion of an agreement referred to under (b), contribute the amount of EUR 510.700 (five hundred and ten thousand seven hundred) for the financial years 2023 and 2024. This amount shall take form of three equal instalments, to be included respectively in the call for funds for the financial years of 2025, 2026 and 2027, as referred to in the first subparagraph of Article 2(2) of Protocol 32.
In addition, based on Article 82(1)(c) and (2) of the EEA Agreement and as agreed in accordance with paragraphs 8 and 9 of Article 1 of Protocol 32 to the EEA Agreement, Norway shall, after the conclusion of an agreement referred to under (b), contribute the amount of EUR 10.124.000 (ten million and one hundred and twenty-four thousand) for the financial years 2023 and 2024. This amount shall take form of three equal instalments, to be included respectively in the call for funds for the financial years of 2025, 2026 and 2027, as referred to in the first subparagraph of Article 2(2) of Protocol 32.
(d)With regard to Liechtenstein, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.’
Article 2
1.This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement 2*.
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, […].
For the EEA Joint Committee
The President
[…]
The Secretaries
To the EEA Joint Committee
[…]