EUROPEAN COMMISSION

Brussels, 30.11.2017

COM(2017) 711 final

2017/0314(NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union,
within the EEA Joint Committee concerning an amendment to Annex XIII (Transport)
to the EEA Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (Transport) to the EEA Agreement in order to incorporate Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure 1 .

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

•Consistency with other Union policies

The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislation to be incorporated into the EEA Agreement is based on Article 91 of the Treaty on the Functioning of the European Union.

Article 1(3) of Council Regulation (EC) No 2894/94 2 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The EEAS in cooperation with the Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.

•Subsidiarity (for non-exclusive competence)

The proposal complies with the subsidiarity principle for the following reason.

The objective of this proposal, namely to ensure the homogeneity of the Internal Market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level.

The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.

•Proportionality

In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.

•Choice of the instrument

In conformity with Article 98 of the EEA Agreement, the chosen instrument is the EEA Joint Committee decision. The EEA Joint Committee shall ensure the effective implementation and operation of the EEA Agreement. To this end, it shall take decisions in the cases provided for in the EEA Agreement.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Collection and use of expertise

Not applicable

•Impact assessment

Not applicable

4.BUDGETARY IMPLICATIONS

There are no budgetary implications expected as a result of the incorporation of Directive 2014/94/EU into the EEA Agreement.

5.OTHER ELEMENTS

The main adaptations requested by the EFTA side

Adaptation (b), Article 6

The use of natural gas in Iceland is limited, as there is currently no market, infrastructure or undertakings in Iceland for natural gas, neither in road transport nor for seagoing vessels. No such market or undertakings have existed in the past or are foreseen to emerge in the future and no networks for gas distribution have yet been built. Against this background Article 6 of Directive 2014/94/EU should not be applicable to Iceland.

Adaptation (c), the Directive as a whole

Due to its specific situation, Liechtenstein was granted a full exemption from Directive 2009/28/EC on the use of energy from renewable sources 3 , which was incorporated into the EEA Agreement, and to which Directive 2014/94/EU refers at different instances.

As there are neither coastlines/ports nor airports (except for a small heliport) in Liechtenstein. The country does not have highways and most importantly, Liechtenstein is not part of the TEN-T Network, it is asking to be exempted from implementation of Directive 2014/94/EU.

2017/0314 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union,
within the EEA Joint Committee concerning an amendment to Annex XIII (Transport)
to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 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 4 , 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 5 ('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, Annex XIII (Transport) to the EEA Agreement.

(3)Directive 2014/94/EU of the European Parliament and of the Council 6 is to be incorporated into the EEA Agreement.

(4)Annex XIII (Transport) to the EEA Agreement should therefore be amended accordingly.

(5)The position of the Union within the EEA Joint Committee should therefore 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 to Annex XIII (Transport) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

(1)    OJ L 307, 28.10.2014, p. 1.

(2)    OJ L 305, 30.11.1994, p. 6–8

(3)    Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

(4)    OJ L 305, 30.11.1994, p. 6.

(5)    OJ L 1, 3.1.1994, p. 3.

(6)    Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure, (OJ L 307, 28.10.2014, p. 1).

EUROPEAN COMMISSION

Brussels,30.11.2017

COM(2017) 711 final

ANNEX

to the

Proposal for a Council Decision

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

ANNEX

DECISION OF THE EEA JOINT COMMITTEE No .../2017

of

amending Annex XIII (Transport) to the EEA Agreement

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)Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure 1 is to be incorporated into the EEA Agreement.

(2)Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following point is inserted after point 5 (Deleted) of Annex XIII to the EEA Agreement:

‘5a.32014 L 0094: Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

(a)As regards the EFTA States, the word “TFEU” in Article 3(5) shall read “EEA Agreement”.

(b)Article 6 shall not apply to Iceland.

(c)This Directive shall not apply to Liechtenstein.’

Article 2

The text of Directive 2014/94/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made 2*.

Article 4

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, .

(1)    OJ L 307, 28.10.2014, p. 1.

(2) *    [No constitutional requirements indicated.] [Constitutional requirements indicated.]