EUROPEAN COMMISSION

Brussels, 23.2.2016

COM(2016) 86 final

2016/0052(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland

EXPLANATORY MEMORANDUM

The Agreement on the European Economic Area (hereinafter referred to as ‘the Agreement’) allows Norway, Iceland and Liechtenstein (‘the EEA EFTA States’) to participate fully in the single market. In conjunction with this, since the entry into force of the Agreement in 1994, these three countries have also contributed to the alleviation of economic and social disparities in the EEA on the basis of Article 115 of the Agreement. In addition, Norway has contributed through a separate Norwegian financial mechanism. The most recent financial mechanisms expired on 30 April 2014.

In view of the continued need to alleviate economic and social disparities within the European Economic Area, on 7 October 2013 the Council authorised the Commission to open negotiations with Iceland, Liechtenstein and Norway on an agreement on the future financial contributions to be made by the EEA EFTA States towards improving economic and social cohesion in the European Economic Area. 1 Formal negotiations were opened in January 2014. In parallel, but independently of the negotiations on the financial mechanism, a review of the EU-Iceland and EU-Norway fish trade protocols was opened on the basis of the revision clause of the additional protocols to the Free Trade Agreements with Norway and Iceland. 2  

The negotiations were concluded at negotiators’ level with the initialling on 17 July 2015 of:

the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021;

the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021;

the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway; and

the Additional Protocol to the Agreement between the European Economic Community and Iceland.

The attached proposal relates to the conclusion of the EEA Financial Mechanism Agreement, the Norway Agreement, the Norway Protocol and the Iceland Protocol.

The EEA Financial Mechanism Agreement and the Norway Agreement will together provide a financial contribution of the EEA EFTA States to the economic and social cohesion in the EEA of EUR 2.8 billion for the period 2014-2021. They will also allocate a certain amount of financial resources to tackling youth unemployment. This outcome reflects the negotiating directives agreed by the Council, which refer to a) an ‘overall increase’ in the financial contribution (the overall increase is 11.3 % compared to the period 2009-2014); b) a possible new allocation to address the effects of youth unemployment; c) the application of the Cohesion Fund distribution key; d) the alignment of the new financial period with the timing of the EU Cohesion policy instrument (2014-2020); e) a reduced number of priorities compared with the previous financial period; and f) streamlined implementation provisions.

The review of the EU-Iceland and EU-Norway fish trade protocols led to new concessions being granted to both countries for the period 2014-2021. These concessions essentially constitute a renewal of the concessions that were in place for the period 2009-2014 with: a) for Iceland, a modest increase in the two tariff quotas; and b) for Norway, a modest increase in the concessions for some tariff lines and a renewal of the previous concessions for other tariff lines. Norway will renew the fish transit arrangement for a seven-year period, starting from date when the new concessions come into provisional application.

The Agreements and Protocols are to be applied provisionally as of the dates stipulated in their Articles, pending completion of the relevant procedures for their ratification or conclusion and entry into force.

The Commission has judged the results of the negotiations to be satisfactory and proposes that the Council adopts the attached Decision on the conclusion of the EEA Financial Mechanism Agreement, the Norway Agreement, the Norway Protocol and the Iceland Protocol after obtaining the consent of the European Parliament.

2016/0052 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 175, third subparagraph and 207, in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)There remains a need to alleviate economic and social disparities within the European Economic Area, and a new mechanism for the financial contributions of the EEA EFTA States and a new Norwegian financial mechanism should therefore be established.

(2)On 7 October 2013, the Council authorised the Commission to open negotiations with Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an agreement on the future financial contributions of the EEA EFTA States to economic and social cohesion in the European Economic Area.

(3)The EEA Financial Mechanism (2014-2021) and the Norway Grants (2014-2021) will contribute to achieving the overall objectives of the Europe 2020 strategy for smart, sustainable and inclusive growth.

(4)The Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland were signed in Brussels on (....). The said Agreements and Protocols should be approved on behalf of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland are hereby approved on behalf of the European Union

The text of the Agreements and the Protocols is attached to this Decision.

Article 2

The President of the Council shall designate the person empowered to deposit the instruments of approval on behalf of the European Union as provided for in Article 3 of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, Article 11 of the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, Article 5 of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and Article 4 of the Additional Protocol to the Agreement between the European Economic Community and Iceland in order to express the consent of the European Union to be bound by the Agreements and Protocols.

Article 3

This Decision shall enter into force on .... 3

Done at Brussels,

(1) Document 12239/13 ADD 1 of the Council.

(2) OJ L 291, 09.11.2010, pp. 14 and 18.

(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

EUROPEAN COMMISSION

Brussels, 23.2.2016

COM(2016) 86 final

ANNEX

to the

proposal for a Council Decision

on the conclusion of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland

AGREEMENT
BETWEEN THE EUROPEAN UNION, ICELAND,
THE PRINCIPALITY OF LIECHTENSTEIN AND THE KINGDOM OF NORWAY
ON AN EEA FINANCIAL MECHANISM 2014-2021

THE EUROPEAN UNION,

ICELAND,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE KINGDOM OF NORWAY,

WHEREAS the Parties to the Agreement on the European Economic Area ("EEA Agreement") agreed on the need to reduce the economic and social disparities between their regions with a view to promoting a continuous and balanced strengthening of trade and economic relations between them,

WHEREAS, in order to contribute to that objective, the EFTA States have established a Financial Mechanism in the context of the European Economic Area,

WHEREAS the provisions governing the EEA Financial Mechanism for the period 2004-2009 have been set out in Protocol 38a and the Addendum to Protocol 38a to the EEA Agreement,

WHEREAS the provisions governing the EEA Financial Mechanism for the period 2009-2014 have been set out in Protocol 38b and the Addendum to Protocol 38b to the EEA Agreement,

WHEREAS the need to alleviate economic and social disparities within the European Economic Area persists, and therefore a new mechanism for the financial contributions of the EEA EFTA States should be established for the period 2014-2021,

HAVE DECIDED TO CONCLUDE THE FOLLOWING AGREEMENT:

ARTICLE 1

The text of Article 117 of the EEA Agreement shall be replaced by the following:

"Provisions governing the Financial Mechanisms are set out in Protocol 38, Protocol 38a, the Addendum to Protocol 38a, Protocol 38b, the Addendum to Protocol 38b and Protocol 38c.".

ARTICLE 2

A new Protocol 38c shall be inserted after Protocol 38b to the EEA Agreement. The text of Protocol 38c is provided for in the Annex to this Agreement.

ARTICLE 3

This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.

It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.

Pending the completion of the procedures referred to in paragraphs 1 and 2, this Agreement shall be applied on a provisional basis as from the first day of the first month following the deposit of the last notification to this effect.

ARTICLE 4

This Agreement, drawn up in a single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.

Done at Brussels, this ... of

For the European Union

For Iceland

For the Principality of Liechtenstein

For the Kingdom of Norway

ANNEX

   PROTOCOL 38 C

on the EEA Financial Mechanism (2014-2021)

Article 1

1. Iceland, Liechtenstein and Norway (“the EFTA States”) shall contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of their relations with the Beneficiary States, through financial contributions in the priority sectors listed in Article 3.

2. All programmes and activities funded by the EEA Financial Mechanism 2014-2021 shall be based on the common values of respect for human dignity, freedom, democracy, equality, the rule of law and the respect for human rights including the rights of persons belonging to minorities.

Article 2

1. The total amount of the financial contribution provided for in Article 1 shall be EUR 1548.1 million, to be made available for commitment in annual tranches of EUR 221.16 million over the period running from 1 May 2014 to 30 April 2021 inclusive.

2. The total amount shall consist of country specific allocations as specified in Article 6 and a global fund for regional cooperation as specified in Article 7.

Article 3

1.    The country specific allocations shall be made available for the following priority sectors:

(a)Innovation, research, education and competitiveness;

(b)    Social inclusion, youth employment and poverty reduction;

(c)    Environment, energy, climate change and low carbon economy;

(d)    Culture, civil society, good governance, fundamental rights and freedoms;

(e)    Justice and home affairs.

The programme areas within the priority sectors outlining the objectives and areas of support are set out in the Annex to this Protocol.

2.    a) The priority sectors shall, in accordance with the procedure referred to in Article 10 paragraph 3, be chosen, concentrated and adapted, according to the different needs in each Beneficiary State, taking into account its size and the amount of the contribution.

b) 10% of the total of the country specific allocations shall be set aside for a fund for civil society, which shall be made available in accordance with the distribution key referred to in Article 6.

Article 4

1.    In order to achieve concentration on priority sectors and to ensure efficient implementation, in line with the overall objectives referred to in Article 1, and taking into account the Europe 2020 strategy for smart, sustainable and inclusive growth, including a focus on employment, national priorities, country-specific recommendations and Partnership Agreements under EU cohesion policy concluded with the European Commission, the EFTA States shall conclude with each Beneficiary State a Memorandum of Understanding in accordance with Article 10, paragraph 3.

2.    Consultations with the European Commission shall take place at a strategic level and shall be held during the negotiations of the Memoranda of Understanding as defined in Article 10 paragraph 3, with a view to promoting complementarity and synergies with EU cohesion policy, as well as exploring opportunities for applying financial instruments to increase the impact of financial contributions.

Article 5

1.    The EFTA contribution shall, with respect to those programmes under the country specific allocations for which the Beneficiary States shall have implementation responsibility, not exceed 85 percent of programme cost, unless otherwise decided by the EFTA States.

2.    The applicable rules on state aid shall be complied with.

3.    The responsibility of the EFTA States for the projects is limited to providing funds according to the agreed plan. No liability to third parties will be assumed.

Article 6

The country specific allocations shall be made available to the following Beneficiary States: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia and Slovenia, in accordance with the following distribution:

Article 7

1.    The global fund for regional cooperation shall be made available for an amount of EUR 55.25 million. It shall contribute to achieving the objectives of the EEA Financial Mechanism as defined in Article 1.

2.    70 % of the fund shall be made available for the promotion of sustainable and quality youth employment with particular focus on the following areas:  

(a)    Job and training mobility programmes for young people, focusing specifically on those who are not in employment, education or training;

(b)Dual learning programmes, apprenticeships, youth inclusion;

(c)Knowledge sharing, policy exchange of best practices and mutual learning between organisations/institutions providing youth employment services.

This part of the fund shall be made available to projects involving Beneficiary States and other EU Member States with a youth unemployment rate above 25% (Eurostat reference year 2013), and shall involve at least two countries, including at least one Beneficiary State. The EFTA States can participate as partners.

3.    30 % of the fund shall be made available for regional cooperation across the priority sectors listed in Article 3, in particular knowledge sharing, policy exchange for best practices and institution building.

This part of the fund shall be made available to projects involving Beneficiary States and neighbouring third countries. Projects shall involve at least three countries, including at least two Beneficiary States. The EFTA States can participate as partners.

Article 8

A mid-term review shall be carried out by the EFTA States by 2020 with a view to redistributing any non-committed available funds within the allocations to the individual Beneficiary States concerned.

Article 9

1.    The financial contribution provided for in this Protocol shall be closely coordinated with the bilateral contribution from Norway provided for by the Norwegian Financial Mechanism.

2.    In particular, the EFTA States shall ensure that the application procedures and implementation modalities are essentially the same for both financial mechanisms referred to in the previous paragraph.

3.    Any relevant changes in the European Union's cohesion policy shall be taken into account, as appropriate.

Article 10

The following shall apply to the implementation of the EEA Financial Mechanism:

1.    The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as principles of good governance, partnership and multi-level governance, sustainable development, and equality between men and women and non-discrimination.

The objectives of the EEA Financial Mechanism shall be pursued in the framework of close cooperation between the Beneficiary States and the EFTA States.

2.    a) The EFTA States shall operate and be responsible for the implementation, including management and control, of the global fund for regional cooperation as set out in Article 7, paragraph 1;

b) The EFTA States shall operate and be responsible for the implementation, including management and control, of the fund for civil society as set out in Article 3, paragraph 2b) unless otherwise agreed in the Memorandum of Understanding as defined in article 10 paragraph 3.

3.    The EFTA States shall conclude with each Beneficiary State a Memorandum of Understanding concerning the respective country specific allocation, excluding the fund referred to in paragraph 2 (a), which shall set out the multi-annual programming framework and the structures for management and control.

   a) On the basis of the Memoranda of Understanding, the Beneficiary States shall submit proposals for specific programmes to the EFTA States which shall appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. On explicit request from the EFTA States or the Beneficiary State concerned, the European Commission shall undertake a screening of a proposal for a specific programme before its adoption, to ensure compatibility with the European Union's cohesion policy.

b) The implementation of the agreed programmes shall be the responsibility of the Beneficiary States which shall provide for an appropriate management and control system in order to ensure sound implementation and management.

c) The EFTA States may carry out controls according to their internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect.

d) The EFTA States may suspend financing and require recovery of funds in the case of irregularities.

   e) Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contribution in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the EFTA States.

   f) Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between, inter alia, entities based in the Beneficiary States and in the EFTA States, in accordance with the applicable rules on public procurement.

4.    The management costs of the EFTA States shall be covered by the total amount referred to in Article 2, paragraph 1, and shall be specified in the provisions for the implementation referred to in paragraph 5.

5.    The EFTA States shall establish a Committee for the overall management of the EEA Financial Mechanism. Further provisions for the implementation of the EEA Financial Mechanism will be issued by the EFTA States after consultations with the Beneficiary States which may be assisted by the European Commission. The EFTA States shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.

6.    The EFTA States shall report on their contribution to the objectives of the EEA Financial Mechanism and as appropriate, to the eleven thematic objectives of the European Structural and Investment Funds 2014-2020 1 .

Article 11

At the end of the period as defined in Article 2 and without prejudice to the rights and obligations under the Agreement, the Contracting Parties shall, in the light of Article 115 of the Agreement, review the need to address economic and social disparities within the European Economic Area.

Annex to Protocol 38C

Innovation, Research, Education and Competitiveness

1.Business Development, Innovation and SMEs

2.Research

3.Education, Scholarships, Apprenticeships, and Youth Entrepreneurship

4.Work-life Balance

Social Inclusion, Youth Employment and Poverty Reduction

5.European Public Health Challenges

6.Roma Inclusion and Empowerment

7.Children and Youth at Risk

8.Youth Participation in the Labour Market

9.Local Development and Poverty Reduction

Environment, Energy, Climate Change and Low Carbon Economy

1.Environment and Ecosystems

2.Renewable Energy, Energy Efficiency, Energy Security

3.Climate Change Mitigation and Adaptation

Culture, Civil Society, Good Governance, and Fundamental Rights and Freedoms

1.Cultural Entrepreneurship, Cultural Heritage and Cultural Cooperation

2.Civil Society

3.Good Governance, Accountable Institutions, Transparency

4.Human Rights – National Implementation

Justice and Home Affairs

1.Asylum and Migration

2.Correctional Services and Pre-trial Detention

3.International Police Cooperation and Combatting Crime

4.Effectiveness and Efficiency of the Judicial System, strengthening Rule of Law

5.Domestic and Gender-based Violence

6.Disaster Prevention and Preparedness

(1) 1) Strengthening research, technological development and innovation; 2) enhancing access to, and use and quality of, information and communication technologies; 3) enhancing the competitiveness of small and medium-sized enterprises (“SMEs”), of the agricultural sector and of the fishery and aquaculture sector; 4) supporting the shift towards a low-carbon economy in all sectors; 5) promoting climate change adaptation, risk prevention and management; 6) preserving and protecting the environment and promoting resource efficiency; 7) promoting sustainable transport and removing bottlenecks in key network infrastructures; 8) promoting sustainable and quality employment and supporting labour mobility; 9) promoting social inclusion, combating poverty and any discrimination; 10) investing in education, training and vocational training for skills and lifelong learning; 11) enhancing institutional capacity of public authorities and stakeholders and efficient public administration.

EUROPEAN COMMISSION

Brussels, 23.2.2016

COM(2016) 86 final

ANNEX

to the

proposal for a Council Decision

on the conclusion of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland

AGREEMENT
BETWEEN THE KINGDOM OF NORWAY AND THE EUROPEAN UNION ON A NORWEGIAN FINANCIAL MECHANISM FOR THE PERIOD 2014-2021

Article 1

1. The Kingdom of Norway undertakes to contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of its relations with the Beneficiary States, through a separate Norwegian Financial Mechanism in the priority sectors listed in Article 3.

2. All programmes and activities funded by the Norwegian Financial Mechanism 2014-2021 shall be based on the common values of respect for human dignity, freedom, democracy, equality, the rule of law and the respect for human rights including the rights of persons belonging to minorities.

Article 2

1. The total amount of the financial contribution provided for in Article 1 shall be EUR 1253.7 million, to be made available for commitment in annual tranches of EUR 179.1 million over the period running from 1 May 2014 to 30 April 2021 inclusive.

2. The total amount shall consist of country specific allocations as specified in Article 6 and a global fund for regional cooperation as specified in Article 7.

Article 3

1. The country specific allocations shall be made available for the following priority sectors:

(a) Innovation, research, education and competitiveness;

(b)    Social inclusion, youth employment and poverty reduction;

(c)    Environment, energy, climate change and low carbon economy;

(d)    Culture, civil society, good governance, fundamental rights and freedoms;

(e)    Justice and home affairs.

The programme areas within the priority sectors outlining the objectives and areas of support are set out in the Annex to this Agreement.

2.    a) The priority sectors shall, in accordance with the procedure referred to in Article 10 paragraph 3, be chosen, concentrated and adapted, according to the different needs in each Beneficiary State, taking into account its size and the amount of the contribution.

b) 1 % of the total of the country specific allocations shall be set aside for a fund for the Promotion of Decent Work and Tripartite Dialogue, which shall be made available in accordance with the distribution key referred to in Article 6.

c) Cooperation with civil society, cross-border cooperation and cooperation with neighbouring third countries shall be encouraged.

Article 4

1.    In order to achieve concentration on priority sectors and to ensure efficient implementation, in line with the overall objectives referred to in Article 1, and taking into account the Europe 2020 strategy for smart, sustainable and inclusive growth, including a focus on employment, national priorities, country-specific recommendations and Partnership Agreements under EU cohesion policy concluded with the European Commission, the Kingdom of Norway shall conclude with each Beneficiary State a Memorandum of Understanding in accordance with Article 10, paragraph 3.

2.    Consultations with the European Commission shall take place at a strategic level and shall be held during the negotiations of the Memoranda of Understanding as defined in Article 10 paragraph 3, with a view to promoting complementarity and synergies with EU cohesion policy, as well as exploring opportunities for applying financial instruments to increase the impact of financial contributions.

Article 5

1.    The contribution from the Kingdom of Norway shall, with respect to those programmes under the country specific allocations for which the Beneficiary States shall have implementation responsibility, not exceed 85 percent of programme cost, unless otherwise decided by the Kingdom of Norway.

2.    The applicable rules on state aid shall be complied with.

3.    The responsibility of the Kingdom of Norway for the projects is limited to providing funds according to the agreed plan. No liability to third parties will be assumed.

Article 6

The country specific allocations shall be made available to the following Beneficiary States: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, in accordance with the following distribution:

Article 7

1.    The global fund for regional cooperation shall be made available for an amount of EUR 44.75 million. It shall contribute to achieving the objectives of the Norwegian Financial Mechanism as defined in Article 1.

2.    60 % of the fund shall be made available for the promotion of sustainable and quality youth employment with particular focus on the following areas:  

(a) Job and training mobility programmes for young people, focusing specifically on those who are not in employment, education or training

(b) Dual learning programmes, apprenticeships, youth inclusion

(c) Knowledge sharing, policy exchange of best practices and mutual learning between organisations/institutions providing youth employment services

This part of the fund shall be made available to projects involving Beneficiary States and other EU Member States with a youth unemployment rate above 25% (Eurostat reference year 2013),and shall involve at least two countries, including at least one Beneficiary State. Norwegian entities can participate as partners.

3.    40 % of the fund shall be made available for regional cooperation across the priority sectors listed in Article 3, in particular knowledge sharing, policy exchange for best practices and institution building.

This part of the fund shall be made available to projects involving Beneficiary States and neighbouring third countries. Projects shall involve at least three countries, including at least two Beneficiary States. Norwegian entities can participate as partners.

Article 8

A mid-term review shall be carried out by the Kingdom of Norway by 2020 with a view to redistributing any non-committed available funds within the allocations to the individual Beneficiary States concerned.

Article 9

1.    The financial contribution provided for in Article 1 shall be closely coordinated with the contribution from the EFTA States provided for by the EEA Financial Mechanism.

2.    In particular, the Kingdom of Norway shall ensure that the application procedures and implementation modalities are essentially the same for both financial mechanisms referred to in the previous paragraph.

3.    Any relevant changes in the European Union's cohesion policy shall be taken into account, as appropriate.

Article 10

The following shall apply to the implementation of the Norwegian Financial Mechanism:

1.    The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as principles of good governance, partnership and multi-level governance, sustainable development, and equality between men and women and non-discrimination.

The objectives of the Norwegian Financial Mechanism shall be pursued in the framework of close cooperation between the Beneficiary States and the Kingdom of Norway.

2.    The Kingdom of Norway shall operate and be responsible for the implementation, including management and control, of the following funds:

(a)the global fund for regional cooperation as set out in Article 7, paragraph 1;

(b)a fund for the Promotion of Decent Work and Tripartite Dialogue as set out in Article 3, paragraph 2b);

(2)The Kingdom of Norway shall conclude with each Beneficiary State a Memorandum of Understanding concerning the respective country specific allocation, excluding such funds as referred to in paragraph 2, which shall set out the multi-annual programming framework and the structures for management and control.

   a) On the basis of the Memoranda of Understanding, the Beneficiary States shall submit proposals for specific programmes to the Kingdom of Norway which shall appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. On explicit request from the Kingdom Norway or the Beneficiary State concerned, the European Commission shall undertake a screening of a proposal for a specific programme before its adoption, to ensure compatibility with the European Union’s cohesion policy.

b) The implementation of the agreed programmes shall be the responsibility of the Beneficiary States which shall provide for an appropriate management and control system in order to ensure sound implementation and management.

   c) The Kingdom of Norway may carry out controls according to their internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect.

   d) The Kingdom of Norway may suspend financing and require recovery of funds in the case of irregularities.

e) Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contribution in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the Kingdom of Norway.

   f) Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between, inter alia, entities based in the Beneficiary States and in the Kingdom of Norway, in accordance with the applicable rules on public procurement.

4.    The management costs of the Kingdom of Norway shall be covered by the total amount referred to in Article 2, paragraph 1, and shall be specified in the provisions for the implementation referred to in paragraph 5.

5.    The Kingdom of Norway, or an entity appointed by it, shall be responsible for the overall management of the Norwegian Financial Mechanism. Further provisions for the implementation of the Norwegian Financial Mechanism will be issued by the Kingdom of Norway after consultation with the Beneficiary States which may be assisted by the European Commission. The Kingdom of Norway shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.

6.    The Kingdom of Norway shall report on its contribution to the objectives of the Norwegian Financial Mechanism and, as appropriate, to the eleven thematic objectives for the European Structural and Investment Funds 2014-2020 1 .

Article 11

(1)This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.

(2)It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.

(3)Pending the completion of the procedures referred to in paragraphs 1 and 2, this Agreement shall be applied on a provisional basis as from the first day of the first month following the deposit of the last notification to this effect.

Article 12

This Agreement, drawn up in a single original in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.

Done at Brussels, this …. of [year]

For the European Union

For the Kingdom of Norway

ANNEX

TO THE AGREEMENT BETWEEN

THE KINGDOM OF NORWAY AND THE EUROPEAN UNION

ON A NORWEGIAN FINANCIAL MECHANISM FOR THE PERIOD 2014 – 2021

Innovation, Research, Education and Competitiveness

1.Business Development, Innovation and SMEs

2.Research

3.Education, Scholarships, Apprenticeships, and Youth Entrepreneurship

4.Work-life Balance

5.Social Dialogue – Decent Work

Social Inclusion, Youth Employment and Poverty Reduction

1.European Public Health Challenges

2.Roma Inclusion and Empowerment

3.Children and Youth at Risk

4.Youth Participation in the Labour Market

5.Local Development and Poverty Reduction

Environment, Energy, Climate Change and Low Carbon Economy

1.Environment and Ecosystems

2.Renewable Energy, Energy Efficiency, Energy Security

3.Climate Change Mitigation and Adaptation

Culture, Civil Society, Good Governance, and Fundamental Rights and Freedoms

1.Cultural Entrepreneurship, Cultural Heritage and Cultural Cooperation

2.Civil Society

3.Good Governance, Accountable Institutions, Transparency

4.Human Rights – National Implementation

Justice and Home Affairs

1.Asylum and Migration

2.Correctional Services and Pre-trial Detention

3.International Police Cooperation and Combatting Crime

4.Effectiveness and Efficiency of the Judicial System, strengthening Rule of Law

5.Domestic and Gender-based Violence

6.Disaster Prevention and Preparedness

(1) 1) Strengthening research, technological development and innovation; 2) enhancing access to, and use and quality of, information and communication technologies; 3) enhancing the competitiveness of small and medium-sized enterprises (“SMEs”), of the agricultural sector and of the fishery and aquaculture sector; 4) supporting the shift towards a low-carbon economy in all sectors; 5) promoting climate change adaptation, risk prevention and management; 6) preserving and protecting the environment and promoting resource efficiency; 7) promoting sustainable transport and removing bottlenecks in key network infrastructures; 8) promoting sustainable and quality employment and supporting labour mobility; 9) promoting social inclusion, combating poverty and any discrimination; 10) investing in education, training and vocational training for skills and lifelong learning; 11) enhancing institutional capacity of public authorities and stakeholders and efficient public administration.

EUROPEAN COMMISSION

Brussels, 23.2.2016

COM(2016) 86 final

ANNEX

to the

proposal for a Council Decision

on the conclusion of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland

ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF ICELAND

THE EUROPEAN UNION

and

ICELAND

HAVING REGARD to the Agreement between the European Economic Community and the Republic of Iceland signed on 22 July 1972, and to the existing arrangements for trade in fish and fishery products between Iceland and the Community,

HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and Iceland concerning special provisions applicable for the period 2009-2014 to imports into the Union of certain fish and fishery products, and in particular Article 1 thereof,

HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Croatia to the European Union, and in particular Article 2 thereof,

HAVE DECIDED TO CONCLUDE THIS PROTOCOL:

ARTICLE 1

1. The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Iceland are laid down in this Protocol and the Annex thereto.The annual duty free tariff quotas are set out in the Annex to this Protocol. These tariff quotas shall be applicable from the day on which the provisional application of this Protocol becomes effective, according to procedures laid down in paragraph 3 of Article 4, until 30 April 2021.

2. At the end of this period, the Contracting Parties will assess the need to maintain the special provisions referred to in paragraph 1 and, if necessary, review the quota levels while taking into account all relevant interests.

ARTICLE  2

1.The tariff quotas shall be opened on the day on which the provisional application of this Protocol becomes effective, according to procedures laid down in paragraph 3 of Article 4.

2.The volumes of the tariff quotas are set out in the Annex to this Protocol. The first tariff quota shall be available from the date of provisional application of this Protocol until 30 April 2017. From 1 May 2017 onwards, subsequent tariff quotas shall be allocated annually from 1 May to 30 April until the end of the period referred to in Article 1 of this Protocol.

3. The tariff quota volumes covering the period from 1 May 2014 until the provisional application of this Protocol shall be proportionally allocated and made available for the rest of the period referred to in Article 1 of this Protocol.

ARTICLE 3

The rules of origin applicable for the tariff quotas listed in the Annex to this Protocol shall be those set out in the Protocol 3 to the Agreement between the European Economic Community and Iceland signed on 22 July 1972.

ARTICLE 4

1. This Protocol shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.

2. It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.

3. Pending the completion of the procedures referred to in paragraphs 1 and 2 of this Article, this Protocol shall be applied on a provisional basis as from the first day of the third month following the deposit of the last notification to this effect.

ARTICLE 5

This Protocol, drawn up in a single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian Italian, Latvian, Lithuanian, , Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Icelandic languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties.

Done at Brussels, this ...of 2016.

For the European Union

Fyrir Ísland

ANNEX

SPECIAL PROVISIONS REFERRED TO IN ARTICLE 1 OF THE PROTOCOL

In addition to the existing permanent duty free tariff quotas, the European Union shall open the following annual duty free tariff quotas for products originating in Iceland:

* Quantities shall be added in accordance with Article 2.3 of the Additional Protocol.