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15.3.2012 Official
Journal
of
the
European
Union L
76/41
DECISION OF THE EEA JOINT COMMITTEE
No 156/2011
of 2 December 2011
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
requirement to submit a national allocation plan for the
2008-2012 period. Accordingly, the provisions of this
Regulation concerning the allocation to operators of
Having regard to the Agreement on the European Economic
installations in 2008-2012 should not apply with
Area, as amended by the Protocol adjusting the Agreement
regard to Iceland.
on the European Economic Area, hereinafter referred to as
‘the Agreement’, and in particular Article 98 thereof,
(7) Pursuant to EEA Joint Committee Decision
No 146/2007, stationary installations in Iceland that
Whereas:
would have fallen within the scope of application of
Directive 2003/87/EC for the 2008-2012 period were
exempted from the scope of the Directive during that
(1) Annex
XX
to
the
Agreement
was
amended
by
Decision
period. Iceland has therefore not established a National
of the EEA Joint Committee No 122/2011 of 21 October
Registry in relation to the EU Emissions Trading Scheme
2011 ( 1 ).
(EU ETS). Accordingly, the deadline for initiating the
procedure foreseen for opening the operator holding
accounts in the Union Registry needs to be adjusted. In
(2) Commission
Regulation
(EU)
No
920/2010
of
7
October
the case of Icelandic stationary installations for which a
2010 for a standardised and secured system of registries
greenhouse gas emissions permit has already been issued
pursuant to Directive 2003/87/EC of the European
by the competent authority, the procedure will start on
Parliament and of the Council and Decision No 280/
the date of the entry into force of the present Decision,
2004/EC of the European Parliament and of the Coun
or from the date the Union Registry is operational for
cil ( 2 ) is to be incorporated into the Agreement.
Iceland, whichever is later.
(3) Regulation
(EU)
No
920/2010
repeals,
with
effect
from (8) The Union aviation allocation table contained in the
1 January 2012, Commission Regulation (EC)
EUTL should reflect the extension of the EU ETS for
No 2216/2004 ( 3 ) which is incorporated into the
aviation activities to the EFTA States. Therefore the
Agreement and which is therefore to be repealed from
Union aviation allocation table should tabulate the
the Agreement.
EEA-wide number of Chapter II allowances to be
allocated in 2012.
(4) Decision
No
280/2004/EC
of
the
European
Parliament
and of the Council of 11 February 2004 concerning a
mechanism for monitoring Community greenhouse gas
(9) The
Contracting
Parties
understand
that
the
specific
emissions and for implementing the Kyoto Protocol (
nature of the EU ETS and the related standardised and

4 )
has not been incorporated into the Agreement and
secured system of registries pursuant to Directive
therefore the specific reporting requirements foreseen in
2003/87/EC, providing for the establishment of a
that Decision do not apply to the EFTA States.
Union Registry, require special rules on data storage

and access regarding the Union Registry to ensure that
the greenhouse gas emission allowances conform to the
functional and technical specifications for data exchange
(5) The
EFTA
States
shall
be
included
in
the
European
Union
standards for registry systems under the Kyoto Protocol,
Transaction Log (EUTL). The EUTL’s Central Adminis
and that transfers of such allowances are compatible with
trator shall perform his tasks with regard to the EFTA
the obligations resulting from the Kyoto Protocol.
States, and the EFTA Surveillance Authority shall be the
competent body to give the necessary instructions to the
Central Administrator in relation to provisions relating to
the application of Regulation (EU) No 920/2010 for the
(10) The
Contracting
Parties
recognise
that
it
is
essential
for
EFTA States.
the law enforcement and tax authorities of a Contracting
Party, the European Anti-fraud Office of the European
Commission, Europol and national administrators of
(6) Pursuant to EEA Joint Committee Decision
Contracting Parties to be granted the right to obtain
No 146/2007, Iceland was exempted from the
certain data stored in the Union Registry and in the
EUTL in clearly defined cases for the purposes of the
investigation, detection and prosecution of fraud, tax
( 1 ) OJ L 341, 22.12.2011, p. 87.
administration or enforcement, money laundering,
( 2 ) OJ L 270, 14.10.2010, p. 1.
( 3 ) OJ L 386, 29.12.2004, p. 1.
terrorism financing or serious crime as set forth in
( 4 ) OJ L 49, 19.2.2004, p. 1.
Article 75 of Regulation (EU) No 920/2010.

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L 76/42
EN
Official Journal of the European Union
15.3.2012
(11) The Contracting Parties recall that the granting of
by the competent authority prior to the entry into force
information rights as foreseen in Article 75 of Regulation
of the present Decision, the procedure for opening the
(EU) No 920/2010 is without prejudice to the under
operator holding accounts in the Union Registry will start
standing that police and judicial cooperation in
either from the date of the entry into force of the present
criminal matters as well as tax administration or
Decision, or from the date the Union Registry is oper
enforcement fall outside the scope of the EEA
ational for Iceland, whichever is later.”
Agreement, and that the Regulation therefore does not
confer on the institutions mentioned any other rights
than those explicitly mentioned in its Article 75,
(e) Article 34(1)(a) shall read:
HAS ADOPTED THIS DECISION:
“The total number of Chapter II allowances to be
allocated in the European Economic Area in 2012;”
Article 1
The text of point 21an (Commission Regulation (EC)
(f) The following subparagraph shall be added in Articles
No 2216/2004) of Annex XX to the Agreement shall be
35(2) and 37(2):
replaced by the following:
‘32010 R 0920: Commission Regulation (EU) No 920/2010
“Where national allocation plan tables of the EFTA States
of 7 October 2010 for a standardised and secured system of
are concerned, the Central Administrator shall be
registries pursuant to Directive 2003/87/EC of the European
instructed by the EFTA Surveillance Authority.”
Parliament and of the Council and Decision No 280/2004/EC
of the European Parliament and of the Council (OJ L 270,
14.10.2010, p. 1).
(g) The following subparagraph shall be added in Articles 36
and 38(3):
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
“Where the Chapter II allowance allocation decisions
taken by EFTA States are concerned, the Central Admin
istrator shall be instructed by the EFTA Surveillance
(a) The issue, transfer and cancellation of allowances
Authority.”
concerning the EFTA States, their operators and the
aircraft operators administered by them shall be
registered in the European Union Transaction Log (EUTL).
(h) The following paragraph shall be added in Article 65:
The Central Administrator shall be competent to perform
“6. Where
registries
in
the
EFTA
States
are
concerned,
the tasks referred to in paragraphs 1 to 3 of Article 20 of
the Central Administrator shall be instructed by the EFTA
Directive 2003/87/EC when the EFTA States, their
Surveillance Authority.”
operators or the aircraft operators administered by
them are concerned.
(i) In Annex XII, the “Union-wide quantity of Chapter II
allowances in 2012” shall refer to the EEA-wide
(b) The provisions relating to the allocation of allowances to
quantity of Chapter II allowances in 2012 as determined
operators of installations for the 2008-2012 period shall
by the EEA Joint Committee Decision No 93/2011 of
not apply with regard to Iceland.
20 July 2011.’.
(c) In Article 6(5), the following sentence shall be added:
Article 2
The text of Regulation (EU) No 920/2010 in the Icelandic and
Norwegian languages, to be published in the EEA Supplement
“The EFTA Surveillance Authority shall coordinate the
to the Official Journal of the European Union, shall be authentic.
implementation of this Regulation with the registry
administrators of each EFTA State and the Central
Administrator.”
Article 3
This Decision shall enter into force on 3 December 2011 or on
(d) The following paragraph shall be added in Article 15:
the day following the last notification to the EEA Joint
Committee under Article 103(1) of the Agreement
(*),
whichever is the later, but not earlier than 1 January 2012.
“4. In
relation
to
Icelandic
stationary
installations
for
which a greenhouse gas emissions permit has been issued
(*) No constitutional requirements indicated.

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EN
15.3.2012 Official
Journal
of
the
European
Union L
76/43
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, 2 December 2011.
For the EEA Joint Committee
The President
Kurt JGER

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Document Outline

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