Date: 2023-11-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 109/2023 of 28 April 2023 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/2262]
Executive Summary:
This EEA Joint Committee Decision No. 109/2023 amends Protocol 31 to the EEA Agreement to extend cooperation to include Regulation (EU) 2019/126 regarding the European Agency for Safety and Health at Work (EUOSHA). It repeals Council Regulation (EC) No 2062/94, which is already part of the EEA Agreement. This decision is effective from January 1, 2023 and enters into force the day after the last notification under Article 103(1).
Key Points / Main Content:
* **Amendment to Protocol 31:**
* Paragraph 11 of Article 5 of Protocol 31 is replaced to include Regulation (EU) 2019/126.
* **EFTA States' Participation in EUOSHA:**
* EFTA States will fully participate in EUOSHA.
* EFTA States will contribute financially to EUOSHA activities as per Article 82(1)(a) and Protocol 32.
* EFTA States have the same rights and obligations within the Management Board as EU Member States, except for voting rights.
* References to "Member States" in Article 12 of Regulation (EU) 2019/126 also include EFTA States and their public entities.
* **Legal and Operational Aspects:**
* EUOSHA has legal personality and the most extensive legal capacity in all Contracting Parties' states.
* EFTA States will grant privileges and immunities to EUOSHA and its staff, equivalent to those of the European Union.
* EFTA nationals with full citizen rights can be engaged under contract by the Executive Director of EUOSHA, with derogations from certain articles.
* Languages referred to in Article 129(1) of the EEA Agreement will be considered by EUOSHA as languages of the Union.
* Part VII (Institutional Provisions) of the EEA Agreement applies.
* Regulation (EC) No 1049/2001 regarding public access to documents applies to EUOSHA documents related to EFTA States.
Impact Analysis:
**EFTA States:**
* *Impact:* Increased cooperation with the EU in safety and health at work, financial contributions to EUOSHA, and participation in EUOSHA's Management Board. Their nationals are now eligible for employment by the Agency.
* *Action Required:* Implement the provisions of Regulation (EU) 2019/126, ensure financial contributions to EUOSHA, and participate in EUOSHA's Management Board.
**European Agency for Safety and Health at Work (EUOSHA):**
* *Impact:* Expanded scope of operations to include EFTA States, increased financial resources, and management board participation from EFTA states.
* *Action Required:* Integrate EFTA States into EUOSHA's activities and management, and ensure compliance with Regulation (EC) No 1049/2001 regarding public access to documents related to EFTA States.
**Nationals of EFTA States:**
* *Impact:* Opportunity to be employed by the Executive Director of the Agency.
* *Action Required:* Observe conditions of employment of other servants of the European Union.
Key Entities Referenced
European Economic Area: An international agreement which enables the extension of the European Union's single market to non-EU member parties.
EEA Agreement: The Agreement on the European Economic Area.
Regulation EU 2019/126: Regulation of the European Parliament and of the Council establishing the European Agency for Safety and Health at Work (EUOSHA).
European Agency for Safety and Health at Work: A European Union agency that works to make European workplaces safer, healthier and more productive.
EUOSHA: Abbreviation for the European Agency for Safety and Health at Work.
EFTA States: The non-EU member states that are part of the European Free Trade Association and participate in the EEA.
Council Regulation EC No 2062/94: Council Regulation that was repealed by Regulation EU 2019/126.
Protocol 31 to the EEA Agreement: Protocol to the EEA Agreement on cooperation in specific fields outside the four freedoms
Official Journal EN
of the European Union L series
2023/2262 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 109/2023
of 28 April 2023
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four
freedoms [2023/2262]
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) It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation
(EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European
Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94(1).
(2) Regulation (EU) 2019/126 repeals Council Regulation (EC) No 2062/94(2), which is included in the EEA Agreement
and which is consequently to be repealed under the EEA Agreement.
(3) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to
take place from 1 January 2023,
HAS ADOPTED THIS DECISION:
Article 1
The text of paragraph 11 of Article 5 of Protocol 31 to the EEA Agreement shall be replaced by the following:
‘(a) The EFTA States shall participate fully in the European Agency for Safety and Health at Work (EU-OSHA), hereinafter
referred to as the “Agency”, as set up by the following Union act:
— 32019 R 0126: Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019
establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation
(EC) No 2062/94 (OJ L 30, 31.1.2019, p. 58).
(b) The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) and
Protocol 32 to the Agreement.
(c) The EFTA States shall participate fully in the Management Board and shall within it have the same rights and
obligations as EU Member States, except for the right to vote.
(d) The term ‘Member State(s)’ and other terms referring to their public entities contained in Article 12 of the Regulation
shall be understood to include, in addition to their meaning in the Regulation, the EFTA States and their public entities.
(e) The Agency shall have legal personality. It shall enjoy in all the states of the Contracting Parties the most extensive legal
capacity accorded to legal persons under their laws.
(f) 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.
(g) By way of derogation from Article 12(2)(a) and 82(3)(a) of the Conditions of Employment of Other Servants of the
European Union, nationals of EFTA States enjoying their full rights as citizens may be engaged under contract by the
Executive Director of the Agency.
(1) OJ L 30, 31.1.2019, p. 58.
(2) OJ L 216, 20.8.1994, p. 1.
ELI: http://data.europa.eu/eli/dec/2023/2262/oj 1/3EN
OJ L, 9.11.2023
(h) By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other Servants of
the European Union, the languages referred to in Article 129(1) of the 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.
(i) By virtue of Article 79(3) of the Agreement, Part VII (Institutional Provisions) of the Agreement shall apply to this
paragraph.
(j) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001regarding public access
to European Parliament, Council and Commission documents(3) shall, for the application of Regulation
(EU) 2019/126, apply to any documents of the Agency regarding the EFTA States as well.’
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 2023.
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, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
(3) OJ L 145, 31.5.2001, p. 43.
* No constitutional requirements indicated.
2/3 ELI: http://data.europa.eu/eli/dec/2023/2262/ojEN
OJ L, 9.11.2023
Joint Declaration by the Contracting Parties
to Decision No 109/2023 incorporating Regulation (EU) 2019/126 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.
ELI: http://data.europa.eu/eli/dec/2023/2262/oj 3/3