PURPOSE: to conclude the Agreement on the participation of Bulgaria and Romania in the European Economic Area and four related Agreements.

NON LEGISLATIVE ACT: Council Decision 2011/733/EU on the conclusion of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements.

BACKGROUND: the Agreement on the participation Bulgaria and Romania in the European Economic Area and four related agreements were signed, on behalf of the European Community, on 25 July 2007, in accordance with Council Decision 2007/566/EC, subject to their conclusion at a later date.

Those Agreements should now be approved.

CONTENT : this Decision approves the following agreements on behalf of the European Union:

· Agreement on the participation of Bulgaria and Romania in the European Economic Area;

· Agreement in the form of an Exchange of Letters between the European Community and Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria;

· Agreement in the form of an Exchange of Letters between the European Community and Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania, Additional Protocol to the Agreement between the European

· Economic Community and Iceland consequent on the accession of Bulgaria and Romania to the European Union, and

· Additional Protocol to the Agreement between the European Economic Community and Norway consequent on the accession of Bulgaria and Romania to the European Union.

The main Agreement on the participation of Bulgaria and Romania in the EEA defines the amendment to the EEA Agreement, following enlargement of the EEA . The bulk of amendments stem from the Treaty of Accession. The arrangements for the application of Community acquis by the Acceding Countries upon accession to the EU, such as technical adaptations and transition periods, which have been agreed in the EU enlargement negotiations, are taken over from the Act of Accession in the EEA Agreement.

Aside from the technical adaptations, the EEA enlargement agreement for Bulgaria and Romania has been negotiated on the basis that any substantial modalities, notably concerning financial contributions and fishing concessions , are agreed only for a certain period t, i.e. from 1 January 2007 to 30 April 2009.

On that basis, it is provided that:

· the EEA EFTA States will provide EUR 21.5 million for Bulgaria and EUR 50.5 million for Romania through the EEA financial mechanism from 1 January 2007 to 30 April 2009, when the current financial mechanisms expire;

· Norway will provide EUR 20 million for Bulgaria and EUR 48 million for Romania as additional bilateral financial contributions over the same period.

In return, it is the Community grant Norway and Iceland a number of concessions in the field of fisheries, also limited in time until 30 April 2009.

ENTRY INTO FORCE: the Decision enters into force on 9 November 2011. The date of entry into force of the Agreements will be published in the Official Journal of the European Union.

Decision 2011/733
OJ L 294 12.11.2011, p. 0004

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council Decision on the conclusion of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.300(2) first para, and (3) second para, and Art 310 – became Art 217, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

SP(2007)6527

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Helmuth MARKOV (GUE/NGL, DE) on the proposal for the conclusion of an agreement on the participation of Bulgaria and Romania in the European Economic Area and four related agreements. The European Parliament gave its assent to the conclusion of the agreements.

T6-0492/2007

A6-0413/2007

A6-0413/2007

This proposal constitutes the final act of the Council Decision on the conclusion of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements.

No changes have been made to the content of the Agreement. It is in line with the former initial proposal (see the summary dated 12/06/2007).

This draft decision aims to formally approve the following agreements on behalf of the European Community:

Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area; Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Co-operation Programme for Economic Growth and Sustainable Development in Bulgaria; Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Co-operation Programme for Economic Growth and Sustainable Development in Romania; Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union; Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

12641/2007

This proposal constitutes the final act of the Council Decision on the conclusion of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements.

No changes have been made to the content of the Agreement. It is in line with the former initial proposal (see the summary dated 12/06/2007).

This draft decision aims to formally approve the following agreements on behalf of the European Community:

Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area; Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Co-operation Programme for Economic Growth and Sustainable Development in Bulgaria; Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Co-operation Programme for Economic Growth and Sustainable Development in Romania; Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union; Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

12641/2007

The Committee on International Trade adopted the recommendation drafted by Helmuth MARKOV (GUE/NGL, DE) - pursuant to the simplified procedure, Rule 43 (1) of the Rules of Procedure - on the proposal for a Council decision on the conclusion of an agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements. The committee calls on the European Parliament to give its assent to the conclusion of this agreement.

Following their accession to the European Union, Bulgaria and Romania (EEA Applicant Countries) have applied to become Contracting Parties to the Agreement on the European Economic Area (EEA Agreement) pursuant to Article 128 thereof.

To that end, the Commission has negotiated, on behalf of the European Community and its Member States, with Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the EEA Applicant Countries an Agreement on the participation of Bulgaria and Romania in the European Economic Area ("EEA") and four related agreements, being:

Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria; Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania; Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union; and Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

The negotiations were concluded on 29 March 2007.

Pending the completion of the procedures required to bring them into force and in order to maintain the good functioning of the internal market within the European Economic Area, the said agreements should be applied on a provisional basis pursuant to Agreements in the form of an Exchange of Letters between the European Community and Iceland, the Principality of Liechtenstein and the Kingdom of Norway, respectively.

This is the intended purpose of this proposal. No changes have been made to the former initial proposal (see the summary dated 12/06/2007).

10834/1/2007

PE392.167

PURPOSE: to sign, and provisionally apply, the Agreement on the participation of Bulgaria and Romania in the European Economic Area and four related Agreements.

PROPOSED ACT: Council Decision.

CONTENT: following the accession of Bulgaria and Romania to the EU the two acceding countries are required to become contracting parties to the EEA Agreement. The Commission, together with Bulgaria and Romania, negotiated with the EEA EFTA States, namely Iceland, Liechtenstein and Norway, on the modalities of the Agreement. Launched officially in July 2006 the negotiations were only concluded on 29 March 2007.

The purpose of this proposal is for the Council to adopt the Council Decision on the signing, and provisional application, of the amended EEA Agreement and four related Agreements. The main Agreement on the participation of Bulgaria and Romania in the EEA defines the amendment to the EEA Agreement, with the bulk of amendments stemming from the Treaty of Accession.

However, technical provisions aside, the EEA enlargement process included negotiations concerning financial contributions and fish concessions. Following extensive negotiations and delays the following was finally agreed:

- The financial contribution and fish concessions will apply only from 1 January 2007 to 30 April 2009.

- Between 2007 and 30 April 2009, the EEA EFTA States will provide, € 21.5 million to Bulgaria and € 50.5 million to Romania through the EEA financial mechanism.

- Over the same time frame (i.e. 2007 and 30 April 2009) Norway will provide € 20 million to Bulgaria and € 48 million to Romania as additional bilateral financing.

- In return, the Community will grant Norway and Iceland a number of concessions in the field of fisheries – also limited in time until 30 April 2009.

As the negotiations suffered unfortunate delays and were not concluded until 29 March 2007, the Commission urges that the new Agreement enters into force as soon as possible. Hence the need for a provisions application. Among the various declarations included in the final act of the Agreement it is worth noting that all parties declare not to have any claims in the field of agriculture and processed agricultural products.

COM(2007)0333
EUR-Lex

PURPOSE: to sign, and provisionally apply, the Agreement on the participation of Bulgaria and Romania in the European Economic Area and four related Agreements.

PROPOSED ACT: Council Decision.

CONTENT: following the accession of Bulgaria and Romania to the EU the two acceding countries are required to become contracting parties to the EEA Agreement. The Commission, together with Bulgaria and Romania, negotiated with the EEA EFTA States, namely Iceland, Liechtenstein and Norway, on the modalities of the Agreement. Launched officially in July 2006 the negotiations were only concluded on 29 March 2007.

The purpose of this proposal is for the Council to adopt the Council Decision on the signing, and provisional application, of the amended EEA Agreement and four related Agreements. The main Agreement on the participation of Bulgaria and Romania in the EEA defines the amendment to the EEA Agreement, with the bulk of amendments stemming from the Treaty of Accession.

However, technical provisions aside, the EEA enlargement process included negotiations concerning financial contributions and fish concessions. Following extensive negotiations and delays the following was finally agreed:

- The financial contribution and fish concessions will apply only from 1 January 2007 to 30 April 2009.

- Between 2007 and 30 April 2009, the EEA EFTA States will provide, € 21.5 million to Bulgaria and € 50.5 million to Romania through the EEA financial mechanism.

- Over the same time frame (i.e. 2007 and 30 April 2009) Norway will provide € 20 million to Bulgaria and € 48 million to Romania as additional bilateral financing.

- In return, the Community will grant Norway and Iceland a number of concessions in the field of fisheries – also limited in time until 30 April 2009.

As the negotiations suffered unfortunate delays and were not concluded until 29 March 2007, the Commission urges that the new Agreement enters into force as soon as possible. Hence the need for a provisions application. Among the various declarations included in the final act of the Agreement it is worth noting that all parties declare not to have any claims in the field of agriculture and processed agricultural products.

COM(2007)0333
EUR-Lex