DECISION OF THE EEA JOINT COMMITTEE No 28/2023

of 3 February 2023

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/2303]

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) According to paragraph 6 of Article 4 of Protocol 31, the Contracting Parties shall encourage appropriate cooperation between the competent organizations, institutions and other bodies in their respective territories where this would contribute to the strengthening and broadening of cooperation. This shall apply in particular to matters covered by the activities of the European Centre for Development of Vocational Training (Cedefop).

(2) It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 ( 1 ) .

(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 6 of Article 4 of Protocol 31 to the EEA Agreement shall be replaced by the following:

‘(a)

The EFTA States shall, with effect from 1 January 2023, participate in the activities which may result from the following Union act:

— 32019 R 0128 : Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 ( OJ L 30, 31.1.2019, p. 90 ).

(b) 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.

(d) By way of derogation from Articles 12(2)(a) and 82(3)(a) of the Conditions of Employment of Other Servants of the European Union, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of Cedefop.

(e) 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 Cedefop, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on European Union

(f) Cedefop 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.

(g) The EFTA States shall grant privileges and immunities to Cedefop and its staff equivalent to those contained in the Protocol on Privileges and Immunities of the European Union.

(h) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of Regulation (EU) 2019/128, apply to any documents of Cedefop 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 ( *1 ) .

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, 3 February 2023.

For the EEA Joint Committee

The President

Nicolas VON LINGEN

( 1 ) OJ L 30, 31.1.2019, p. 90 .

( *1 ) Constitutional requirements indicated.

Joint Declaration by the Contracting Parties

to Decision No 28/2023 incorporating Regulation (EU) 2019/128 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/2023/2303/oj

ISSN 1977-0677 (electronic edition)