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Document 32023D2754
Council Decision (EU) 2023/2754 of 4 December 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XX (Environment) to the EEA Agreement (ETS Maritime and Stationary)
Council Decision (EU) 2023/2754 of 4 December 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XX (Environment) to the EEA Agreement (ETS Maritime and Stationary)
Council Decision (EU) 2023/2754 of 4 December 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XX (Environment) to the EEA Agreement (ETS Maritime and Stationary)
ST/14989/2023/INIT
OJ L, 2023/2754, 8.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2754/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Official Journal |
EN Series L |
2023/2754 |
8.12.2023 |
COUNCIL DECISION (EU) 2023/2754
of 4 December 2023
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XX (Environment) to the EEA Agreement (ETS Maritime and Stationary)
(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 192(1) 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, Annex XX (Environment) to the EEA Agreement. |
(3) |
Regulation (EU) 2023/957 of the European Parliament and of the Council (3), Directive (EU) 2023/959 of the European Parliament and of the Council (4), Decision (EU) 2023/852 of the European Parliament and of the Council (5) and Commission Decision (EU) 2023/1575 (6) should be incorporated into the EEA Agreement. |
(4) |
Annex XX (Environment) 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 XX (Environment) 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, 4 December 2023.
For the Council
The President
F. BOLAÑOS GARCÍA
(1) OJ L 305, 30.11.1994, p. 6.
(3) Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending Regulation (EU) 2015/757 in order to provide for the inclusion of maritime transport activities in the EU Emissions Trading System and for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types (OJ L 130, 16.5.2023, p. 105).
(4) Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (OJ L 130, 16.5.2023, p. 134).
(5) Decision (EU) 2023/852 of the European Parliament and of the Council of 19 April 2023 amending Decision (EU) 2015/1814 as regards the number of allowances to be placed in the market stability reserve for the Union greenhouse gas emission trading system until 2030 (OJ L 110, 25.4.2023, p. 21).
(6) Commission Decision (EU) 2023/1575 of 27 July 2023 on the Union-wide quantity of allowances to be issued under the EU Emissions Trading System for 2024 (OJ L 192, 31.7.2023, p. 30).
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …
of …
amending Annex XX (Environment) 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) |
Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending Regulation (EU) 2015/757 in order to provide for the inclusion of maritime transport activities in the EU Emissions Trading System and for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types (1) is to be incorporated into the EEA Agreement. |
(2) |
Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (2) is to be incorporated into the EEA Agreement. |
(3) |
Decision (EU) 2023/852 of the European Parliament and of the Council of 19 April 2023 amending Decision (EU) 2015/1814 as regards the number of allowances to be placed in the market stability reserve for the Union greenhouse gas emission trading system until 2030 (3) is to be incorporated into the EEA Agreement. |
(4) |
Commission Decision (EU) 2023/1575 of 27 July 2023 on the Union-wide quantity of allowances to be issued under the EU Emissions Trading System for 2024 (4) is to be incorporated into the EEA Agreement. |
(5) |
The total quantity of allowances to be issued for the year 2027 under the new emissions trading system for buildings, road transport and additional sectors is to be published by the Commission by 1 January 2025 and will, as for the existing Emissions Trading System, establish the cap as an EEA-wide quantity of allowances. The EEA EFTA States should provide input data and will be consulted during the process of preparation of the relevant Commission Decision. |
(6) |
The incorporation of Directive (EU) 2023/959 of the European Parliament and of the Council is without prejudice to the EFTA States’ assessment of Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund in the context of the scope of the EEA Agreement. |
(7) |
Based on Liechtenstein’s regional union with Switzerland and in accordance with the bilateral treaty on environmental charges (5), a CO2 tax is applied in Liechtenstein, whose administration, including collection, monitoring and reporting is carried out by Swiss authorities and entities. Therefore for Liechtenstein, in respect of the new emissions trading system for buildings, road transport and additional sectors, a review of the end date of the derogation according to Article 30e(3) of Directive 2003/87/EC and an exemption from related administrative rules until then and corresponding adjustments to the sources of emission data are appropriate. |
(8) |
The figures published by Decision (EU) 2023/1575 for the Union-wide quantity of allowances for 2024 and the yearly reduction of the allowances to be issued resulting from the application of the linear reduction factor include the EFTA States, in line with Directive (EU) 2023/959. |
(9) |
Annex XX to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XX to the EEA Agreement shall be amended as follows:
1. |
Point 21al (Directive 2003/87/EC of the European Parliament and of the Council) shall be amended as follows:
|
2. |
The following indents are added in point 21alj (Decision (EU) 2015/1814 of the European Parliament and of the Council):
|
3. |
The following point is inserted after point 21apn (Commission Decision (EU) 2020/1722):
|
4. |
Point 21aw (Regulation (EU) 2015/757 of the European Parliament and of the Council) shall be amended as follows:
|
Article 2
The texts of Regulation (EU) 2023/957, Directive (EU) 2023/959 and Decisions (EU) 2023/852 and (EU) 2023/1575 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 …, or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, whichever is the later (*1).
[It shall apply from 31 December 2023.]
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, ….
For the EEA Joint Committee
The President
The Secretaries
To the EEA Joint Committee
(1) OJ L 130, 16.5.2023, p. 105.
(2) OJ L 130, 16.5.2023, p. 134.
(3) OJ L 110, 25.4.2023, p. 21.
(4) OJ L 192, 31.7.2023, p. 30.
(5) Vertrag zwischen dem Fürstentum Liechtenstein und der Schweizerischen Eidgenossenschaft betreffend die Umweltabgaben im Fürstentum Liechtenstein, abgeschlossen am 29. Januar 2010 (LGBl. 2010 Nr. 12).
(*1) [No constitutional requirements indicated.] [Constitutional requirements indicated.]
ELI: http://data.europa.eu/eli/dec/2023/2754/oj
ISSN 1977-0677 (electronic edition)