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Document 32023D2753
Council Decision (EU) 2023/2753 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 Aviation)
Council Decision (EU) 2023/2753 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 Aviation)
Council Decision (EU) 2023/2753 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 Aviation)
ST/14922/2023/INIT
OJ L, 2023/2753, 7.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2753/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
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Official Journal |
EN Series L |
2023/2753 |
7.12.2023 |
COUNCIL DECISION (EU) 2023/2753
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 Aviation)
(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) |
Directive (EU) 2023/958 of the European Parliament and of the Council (3) and Decision (EU) 2023/136 of the European Parliament and of the Council (4) 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) Directive (EU) 2023/958 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and the appropriate implementation of a global market-based measure (OJ L 130, 16.5.2023, p. 115).
(4) Decision (EU) 2023/136 of the European Parliament and of the Council of 18 January 2023 amending Directive 2003/87/EC as regards the notification of offsetting in respect of a global market-based measure for aircraft operators based in the Union (OJ L 19, 20.1.2023, p. 1).
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) |
Directive (EU) 2023/958 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and the appropriate implementation of a global market-based measure (1) is to be incorporated into the EEA Agreement. |
(2) |
Decision (EU) 2023/136 of the European Parliament and of the Council of 18 January 2023 amending Directive 2003/87/EC as regards the notification of offsetting in respect of a global market-based measure for aircraft operators based in the Union (2) is to be incorporated into the EEA Agreement. |
(3) |
Directive (EU) 2023/958 establishes a special mechanism for bridging the cost difference between sustainable aviation fuels and fossil fuels, which has a higher level of support for certain islands in the Union. This higher level of support should also apply to Iceland. |
(4) |
Directive (EU) 2023/958 extends, for the final time, a time-bound exemption for flights operated to and from relevant third countries. Iceland is in a specific geographic situation which it assesses as leading to special adverse impacts on air connectivity and risks of carbon leakage. In order to address this, for the interim period of that time-bound exemption, and in a manner that will ensure full respect of and conformity with the principle of equal treatment of airlines on the same route and of the objectives, principles and other provisions of the EEA Agreement, a mechanism should be established for conditional allocation of additional allowances to aircraft operators in respect of flights departing from an aerodrome located in Iceland and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, or departing from an aerodrome located in the EEA and arriving in Iceland. The allowances allocated under this mechanism are to be deducted from the number of allowances otherwise allocated for auctioning by Iceland. Any additional allowances allocated to aircraft operators pursuant to such a mechanism shall be conditional to accelerated efforts by those operators towards meeting the objective of climate neutrality. |
(5) |
In 2026, there should be a report evaluating the air connectivity of Iceland, including consideration of competitiveness and carbon leakage, as well as environmental and climate impacts, and of the adaptations set out in this Decision. The results of this evaluation should, where appropriate, be taken into account for the future revision of Directive 2003/87/EC beyond the period of 2024 to 2026. |
(6) |
Annex XX to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Point 21al (Directive 2003/87/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement shall be amended as follows:
1. |
The following indents are added:
|
2. |
Adaptations (b) to (d) are replaced by the following adaptations:
|
3. |
Adaptations (e) and (f) are deleted. Adaptations (g) to (t) are renumbered as adaptations (e) to (r). |
4. |
The following adaptations are inserted after adaptation (r):
|
5. |
Adaptations (u) and (v) are renumbered as adaptations (t) and (u). |
Article 2
The texts of Directive (EU) 2023/958 and Decision (EU) 2023/136 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).
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. 115.
(*1) [No constitutional requirements indicated.] [Constitutional requirements indicated.]
Joint Declaration by the Contracting Parties to Decision of the EEA Joint Committee No …/… incorporating Directive (EU) 2023/958 of the European Parliament and of the Council and Decision (EU) 2023/136 of the European Parliament and of the Council into the Agreement
Directive (EU) 2023/958 of the European Parliament and of the Council of 10 May 2023 includes appropriate implementation of measures adopted by the International Civil Aviation Organisation. The Contracting Parties share the understanding that the incorporation of the Directive is without prejudice to the scope of the EEA Agreement.
ELI: http://data.europa.eu/eli/dec/2023/2753/oj
ISSN 1977-0677 (electronic edition)