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Dokument 22012D0152
Decision of the EEA Joint Committee No 152/2012 of 26 July 2012 amending Annex XX (Environment) to the EEA Agreement
Decision of the EEA Joint Committee No 152/2012 of 26 July 2012 amending Annex XX (Environment) to the EEA Agreement
Decision of the EEA Joint Committee No 152/2012 of 26 July 2012 amending Annex XX (Environment) to the EEA Agreement
OJ L 309, 8.11.2012, str. 38–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
V veljavi
8.11.2012 |
EN |
Official Journal of the European Union |
L 309/38 |
DECISION OF THE EEA JOINT COMMITTEE
No 152/2012
of 26 July 2012
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
Whereas:
(1) |
Annex XX to the EEA Agreement was amended by Decision of the EEA Joint Committee No 150/2012 of 13 July 2012 (1). |
(2) |
Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (2) is to be incorporated into the EEA Agreement. |
(3) |
Commission Regulation (EU) No 550/2011 of 7 June 2011 on determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits from projects involving industrial gases (3) is to be incorporated into the EEA Agreement. |
(4) |
Commission Regulation (EU) No 1210/2011 of 23 November 2011 amending Regulation (EU) No 1031/2010 in particular to determine the volume of greenhouse gas emission allowances to be auctioned prior to 2013 (4) is to be incorporated into the EEA Agreement. |
(5) |
Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (5) is to be incorporated into the EEA Agreement. |
(6) |
Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (6) is to be incorporated into the EEA Agreement. |
(7) |
Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide (7) (CO2) is to be incorporated into the EEA Agreement. |
(8) |
Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement. |
(9) |
Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement. |
(10) |
Commission Decision 2011/540/EU of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (10) is to be incorporated into the EEA Agreement. |
(11) |
Commission Decision 2011/745/EU of 11 November 2011 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (11) is to be incorporated into the EEA Agreement. |
(12) |
This Joint Committee Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in particular in the context of the United Nations Framework Convention on Climate Change and the Kyoto Protocol or any other international agreement on climate change, other than in respect of aspects relevant to the EU Emission Trading Scheme (EU ETS) that are incorporated into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and any other international agreement related to climate change. |
(13) |
The participation of the EFTA States in the EU ETS is without prejudice to the EFTA States’ participation in any flexible instruments for mitigating emissions. |
(14) |
The extension of EU ETS to installations in the EFTA States implies an increase of the total quantity of allowances in the EU ETS as a whole under Articles 9 and 9a of Directive 2003/87/EC of the European Parliament and of the Council (12). The EFTA States provide in Part A of the Appendix to that Directive the relevant figures in order to allow the Commission to determine the average annual EEA-wide total quantity of allowances. |
(15) |
The Commission shall keep the EFTA States informed regarding the negotiation and conclusion of agreements with third countries as referred to in Article 11a of Directive 2003/87/EC and the consequence this might have on the use of certified emission reductions (CERs). |
(16) |
When an agreement pursuant to Article 11a or 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated against as compared to EU Member States and their operators. |
(17) |
The Commission shall keep the EFTA States informed regarding the implementation of Article 24a(1) of Directive 2003/87/EC and the consequence this might have on the amount of allowances in the EU ETS. |
(18) |
The EFTA States fully support that the amount of allowances allocated by auctioning is increasing in the EU ETS, with a view to reaching no free allocation in 2027. It has always been the aim of the EFTA States to increase the percentage of allowances that are allocated against payment. The EFTA States recall adaptation (e) as set out in Article 1 point 2 of EEA Joint Committee Decision No 146/2007 (13) incorporating Directive 2003/87/EC into the EEA Agreement. |
(19) |
The EFTA States will make use of the common auction platforms appointed pursuant to Article 26 of Regulation (EU) No 1031/2010 and appoint the auction monitor selected pursuant to Article 24 of that Regulation for monitoring the auctioning of their allowances. Due to the fact that the EFTA States are not participating in the joint action, they do not have to fulfil any specific tasks in the procurement procedures for appointing the common auction platforms and auction monitor. Once these are appointed, each EFTA State will use its best endeavours to enter into a contract with them. The Commission will, to the extent feasible, see to it that the auction platforms enter into a contract with the EFTA States subject, mutatis mutandis, to the same conditions envisaged for participating EU Member States in the contracts resulting from the joint procurement procedures, provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the participating EU Member States. For the auction monitor, the Commission will, to the extent feasible, see to it that the auction monitor enters into a contract with the EFTA States subject, mutatis mutandis, to the same conditions applicable to either the participating EU Member States or the non-participating EU Member States depending on whether or not the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the participating EU Member States. |
(20) |
Budgetary issues are not part of the EEA Agreement. Financial contributions from the EFTA States to the EU Member States are negotiated through the EEA Financial Mechanisms. The application of the provisions of Directive 2003/87/EC concerning these issues and the application of the criteria for distribution amongst certain EU Member States of certain percentages of the total quantity of allowances to be auctioned pursuant to points (b) and (c) of Article 10(2) and to Annexes IIa and IIb to Directive 2003/87/EC is therefore without prejudice to the scope of the EEA Agreement. |
(21) |
The EFTA Surveillance Authority shall coordinate closely with the Commission whenever it is called to undertake tasks relating to the EFTA States for which the Commission is responsible with respect to the EU Member States pursuant to Directive 2003/87/EC, Commission Regulation (EC) No 2216/2004 (14), Commission Decision 2007/589/EC (15) and Commission Decision 2006/780/EC (16). These tasks include, inter alia, the assessment of the national implementation measures referred to in Article 11 of Directive 2003/87/EC and any application for the unilateral inclusion of additional activities and gases under Article 24 of that Directive, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XX to the EEA Agreement shall be amended as follows:
(1) |
the following indent is added in point 21al (Directive 2003/87/EC of the European Parliament and of the Council):
|
(2) |
the adaptations in point 21al (Directive 2003/87/EC of the European Parliament and of the Council) are replaced by the following: ‘The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:
|
(3) |
the following points are inserted after point 21al (Directive 2003/87/EC of the European Parliament and of the Council):
|
(4) |
the following indents are added in point 21am (Commission Decision 2007/589/EC):
|
Article 2
The texts of Regulations (EU) No 1031/2010, (EU) No 550/2011 and (EU) No 1210/2011, Directive 2009/29/EC and Decisions 2010/2/EU, 2010/345/EU, 2010/670/EU, 2011/278/EU, 2011/540/EU and 2011/745/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 27 July 2012 or the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, whichever is the latest (17).
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, 26 July 2012.
For the EEA Joint Committee
The President
Atle LEIKVOLL
(1) See page 35 of this Official Journal.
(2) OJ L 302, 18.11.2010, p. 1.
(4) OJ L 308, 24.11.2011, p. 2.
(5) OJ L 140, 5.6.2009, p. 63.
(7) OJ L 155, 22.6.2010, p. 34.
(8) OJ L 290, 6.11.2010, p. 39.
(9) OJ L 130, 17.5.2011, p. 1.
(10) OJ L 244, 21.9.2011, p. 1.
(11) OJ L 299, 17.11.2011, p. 9.
(12) OJ L 275, 25.10.2003, p. 32.
(13) OJ L 100, 10.4.2008, p. 92.
(14) OJ L 386, 29.12.2004, p. 1.
(15) OJ L 229, 31.8.2007, p. 1.
(16) OJ L 316, 16.11.2006, p. 12.
(17) No constitutional requirements indicated.