Date: 2018-07-05Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2018/952 of 26 June 2018 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (budget line 33 02 03 01: ‘Company Law’) (Text with EEA relevance.)
Executive Summary:
This Council Decision establishes the EU's position within the EEA Joint Committee regarding the amendment of Protocol 31 to the EEA Agreement. The amendment concerns continued cooperation in company law, funded from the EU's general budget. This extended cooperation is set to take place from 1 January 2018.
Key Points / Main Content:
Amendment of Protocol 31:
* Protocol 31 to the EEA Agreement is amended to continue cooperation in specific fields outside the four freedoms.
* The amendment specifically addresses Union actions funded from the general budget regarding company law.
* Article 713 of Protocol 31 is amended to include "2018," extending the cooperation.
Implementation and Publication:
* The Decision enters into force on the day following the last notification under Article 103(1) of the EEA Agreement.
* It applies retroactively from 1 January 2018.
* The Decision will be published in the EEA Section of, and the EEA Supplement to, the Official Journal of the European Union.
Impact Analysis:
EEA Joint Committee:
* Impact: The EEA Joint Committee is responsible for implementing the amended Protocol 31 regarding cooperation in company law.
* Action Required: Adopt the draft decision amending Protocol 31.
Contracting Parties to the EEA Agreement:
* Impact: Continued cooperation in Union actions funded from the general budget regarding company law
* Action Required: Implement the extended cooperation from 1 January 2018.
European Union:
* Impact: The EU is responsible for defining its position within the EEA Joint Committee.
* Action Required: Implement and uphold the decision.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
EEA Joint Committee: The committee responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Protocol 31 to the EEA Agreement: A protocol to the EEA Agreement concerning cooperation in specific fields outside the four freedoms.
Council of the European Union: A body of the European Union composed of government ministers from each member state.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Luxembourg: The city where the Council Decision was done.
Brussels: The city where the EEA Joint Committee Draft Decision was done.
5.7.2018 EN Official Journal of the European Union L 168/1
II
(Non-legislative acts)
DECISIONS
COUNCIL DECISION (EU) 2018/952
of 26 June 2018
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee
concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields
outside the four freedoms (budget line 33 02 03 01: ‘Company Law’)
(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 114 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 (1), 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 (2) (‘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 on cooperation in specific fields outside the four freedoms (‘Protocol 31’) to the EEA Agreement.
(3) Protocol 31 to the EEA Agreement contains provisions on cooperation in specific fields outside the
four freedoms.
(4) It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions
funded from the general budget of the Union regarding company law.
(5) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation
to take place from 1 January 2018.
(6) The position of the Union within the EEA Joint Committee should 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 of
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.
(1) OJ L 305, 30.11.1994, p. 6.
(2) OJ L 1, 3.1.1994, p. 3.L 168/2 EN Official Journal of the European Union 5.7.2018
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 26 June 2018.
For the Council
The President
E. ZAHARIEVA5.7.2018 EN Official Journal of the European Union L 168/3
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …/2018
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) It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement to include Union
actions funded from the general budget of the Union regarding company law.
(2) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation
to take place from 1 January 2018,
HAS ADOPTED THIS DECISION:
Article 1
In Article 7(13) of Protocol 31 to the EEA Agreement, the words ‘and 2017’ are replaced by the words ‘, 2017
and 2018’.
Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA
Agreement (*).
It shall apply from 1 January 2018.
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
(*) [No constitutional requirements indicated.] [Constitutional requirements indicated.]