HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 309/38
EN
Official Journal of the European Union
8.11.2012
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,
(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
Having regard to the Agreement on the European Economic
to a significant risk of carbon leakage ( 6 ) is to be incor
Area, as amended by the Protocol adjusting the Agreement
porated into the EEA Agreement.
on the European Economic Area (‘the EEA Agreement’), and
in particular Article 98 thereof,
(7) Commission
Decision
2010/345/EU
of
8
June
2010
amending Decision 2007/589/EC as regards the
Whereas:
inclusion of monitoring and reporting guidelines for
greenhouse gas emissions from the capture, transport
and geological storage of carbon dioxide ( 7 ) (CO 2 ) is to
(1) Annex
XX
to
the
EEA
Agreement
was
amended
by
be incorporated into the EEA Agreement.
Decision of the EEA Joint Committee No 150/2012 of
13 July 2012 ( 1 ).
(8) Commission
Decision
2010/670/EU
of
3
November
2010 laying down criteria and measures for the
(2) Commission
Regulation
(EU)
No
1031/2010
of
financing of commercial demonstration projects that
12 November 2010 on the timing, administration and
aim at the environmentally safe capture and geological
other aspects of auctioning of greenhouse gas emission
storage of CO 2 as well as demonstration projects of
allowances pursuant to Directive 2003/87/EC of the
innovative renewable energy technologies under the
European Parliament and of the Council establishing a
scheme for greenhouse gas emission allowance trading
scheme for greenhouse gas emission allowances trading
within the Community established by Directive
within the Community (
2003/87/EC of the European Parliament and of the

2 ) is to be incorporated into the
EEA Agreement.
Council ( 8 ) is to be incorporated into the EEA Agreement.
(3) Commission
Regulation
(EU)
No
550/2011
of
7
June (9) Commission
Decision
2011/278/EU
of
27
April
2011
2011 on determining, pursuant to Directive 2003/87/EC
determining transitional Union-wide rules for
of the European Parliament and of the Council, certain
harmonised free allocation of emission allowances
restrictions applicable to the use of international credits
pursuant to Article 10a of Directive 2003/87/EC of the
from projects involving industrial gases ( 3 ) is to be incor
European Parliament and of the Council ( 9 ) is to be incor
porated into the EEA Agreement.
porated into the EEA Agreement.
(4) Commission
Regulation
(EU)
No
1210/2011
of (10) Commission
Decision
2011/540/EU
of
18
August
2011
23 November 2011 amending Regulation (EU) No
on amending Decision 2007/589/EC as regards the
1031/2010 in particular to determine the volume of
inclusion of monitoring and reporting guidelines for
greenhouse gas emission allowances to be auctioned
greenhouse gas emissions from new activities and
prior to 2013 ( 4 ) is to be incorporated into the EEA
gases ( 10 ) is to be incorporated into the EEA Agreement.
Agreement.
(11) Commission
Decision
2011/745/EU
of
11
November
(5) Directive
2009/29/EC
of
the
European
Parliament
and
of
2011 amending Decisions 2010/2/EU and 2011/278/EU
the Council of 23 April 2009 amending Directive
as regards the sectors and subsectors which are deemed
2003/87/EC so as to improve and extend the greenhouse
to be exposed to a significant risk of carbon leakage ( 11 )
gas emission allowance trading scheme of the Commu
is to be incorporated into the EEA Agreement.
nity ( 5 ) is to be incorporated into the EEA Agreement.
( 6 ) OJ L 1, 5.1.2010, p. 10.
( 1 ) See page 35 of this Official Journal.
( 7 ) OJ L 155, 22.6.2010, p. 34.
( 2 ) OJ L 302, 18.11.2010, p. 1.
( 8 ) OJ L 290, 6.11.2010, p. 39.
( 3 ) OJ L 149, 8.6.2011, p. 1.
( 9 ) OJ L 130, 17.5.2011, p. 1.
( 4 ) OJ L 308, 24.11.2011, p. 2.
( 10 ) OJ L 244, 21.9.2011, p. 1.
( 5 ) OJ L 140, 5.6.2009, p. 63.
( 11 ) OJ L 299, 17.11.2011, p. 9.

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EN
8.11.2012 Official
Journal
of
the
European
Union L
309/39
(12) This Joint Committee Decision does not affect the
Decision No 146/2007
( 2 ) incorporating Directive
autonomy of the Contracting Parties with respect to
2003/87/EC into the EEA Agreement.
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
(19) The
EFTA
States
will
make
use
of
the
common
auction
on climate change, other than in respect of aspects
platforms appointed pursuant to Article 26 of Regulation
relevant to the EU Emission Trading Scheme (EU ETS)
(EU) No 1031/2010 and appoint the auction monitor
that are incorporated into the EEA Agreement. However,
selected pursuant to Article 24 of that Regulation for
the EFTA States shall take due account of the obligations
monitoring the auctioning of their allowances. Due to
they have undertaken in the EEA Agreement. Each EFTA
the fact that the EFTA States are not participating in
State is responsible for implementing policies and
the joint action, they do not have to fulfil any specific
measures to comply with its international commitments
tasks in the procurement procedures for appointing the
under the United Nations Framework Convention on
common auction platforms and auction monitor. Once
Climate Change, the Kyoto Protocol and any other inter
these are appointed, each EFTA State will use its best
national agreement related to climate change.
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
(13) The participation of the EFTA States in the EU ETS is
conditions envisaged for participating EU Member
without prejudice to the EFTA States’ participation in any
States in the contracts resulting from the joint
flexible instruments for mitigating emissions.
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
(14) The
extension
of
EU
ETS
to
installations
in
the
EFTA
States implies an increase of the total quantity of
extent feasible, see to it that the auction monitor enters
allowances in the EU ETS as a whole under Articles 9
into a contract with the EFTA States subject, mutatis
and 9a of Directive 2003/87/EC of the European
mutandis, to the same conditions applicable to either
Parliament and of the Council (
the participating EU Member States or the non-partici

1 ). The EFTA States
provide in Part A of the Appendix to that Directive the
pating EU Member States depending on whether or not
relevant figures in order to allow the Commission to
the EFTA States choose to aggregate the auctioning of
determine the average annual EEA-wide total quantity
their allowances with the allowances of the participating
of allowances.
EU Member States.

(15) The
Commission
shall
keep
the
EFTA
States
informed
(20) Budgetary
issues
are
not
part
of
the
EEA
Agreement.
regarding the negotiation and conclusion of agreements
Financial contributions from the EFTA States to the EU
with third countries as referred to in Article 11a of
Member States are negotiated through the EEA Financial
Directive 2003/87/EC and the consequence this might
Mechanisms. The application of the provisions of
have on the use of certified emission reductions (CERs).
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
(16) When
an
agreement
pursuant
to
Article
11a
or
25
of
points (b) and (c) of Article 10(2) and to Annexes IIa and
Directive 2003/87/EC is concluded, the EFTA States and
IIb to Directive 2003/87/EC is therefore without
their operators shall not be discriminated against as
prejudice to the scope of the EEA Agreement.
compared to EU Member States and their operators.
(21) The
EFTA
Surveillance
Authority
shall
coordinate
closely
(17) The
Commission
shall
keep
the
EFTA
States
informed
with the Commission whenever it is called to undertake
regarding the implementation of Article 24a(1) of
tasks relating to the EFTA States for which the
Directive 2003/87/EC and the consequence this might
Commission is responsible with respect to the EU
have on the amount of allowances in the EU ETS.
Member States pursuant to Directive 2003/87/EC,
Commission Regulation (EC) No 2216/2004
( 3 ),
Commission Decision 2007/589/EC ( 4 ) and Commission
Decision 2006/780/EC ( 5 ). These tasks include, inter alia,
(18) The
EFTA States fully support that the amount of
the assessment of the national implementation measures
allowances allocated by auctioning is increasing in the
referred to in Article 11 of Directive 2003/87/EC and
EU ETS, with a view to reaching no free allocation in
any application for the unilateral inclusion of additional
2027. It has always been the aim of the EFTA States to
activities and gases under Article 24 of that Directive,
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
( 2 ) OJ L 100, 10.4.2008, p. 92.
( 3 ) OJ L 386, 29.12.2004, p. 1.
( 4 ) OJ L 229, 31.8.2007, p. 1.
( 1 ) OJ L 275, 25.10.2003, p. 32.
( 5 ) OJ L 316, 16.11.2006, p. 12.

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L 309/40
EN
Official Journal of the European Union
8.11.2012
HAS ADOPTED THIS DECISION:
(d) in Article 3d(4), the second subparagraph shall be
deleted;
Article 1
Annex XX to the EEA Agreement shall be amended as follows:
(e) the following subparagraph shall be added in Articles
3e(2) and 3f(4):
(1) the following indent is added in point 21al (Directive
2003/87/EC of the European Parliament and of the
“By the same date, the EFTA States shall submit appli
Council):
cations received to the EFTA Surveillance Authority,
which shall promptly pass them onto the Commis
sion.”;
‘— 32009 L 0029: Directive 2009/29/EC of the
European Parliament and of the Council of 23 April
2009 (OJ L 140, 5.6.2009, p. 63).’;
(f) the following subparagraphs shall be added in
Article 3e(3):
(2) the adaptations in point 21al (Directive 2003/87/EC of the
European Parliament and of the Council) are replaced by the
“The EEA Joint Committee shall, in accordance with the
following:
procedures laid down in the Agreement and based on
figures provided by the EFTA Surveillance Authority in
‘The provisions of the Directive shall, for the purposes of
cooperation with Eurocontrol, decide on the EEA-wide
this Agreement, be read with the following adaptations:
number for the total number of allowances, the
number of allowances to be auctioned, the number
of allowances in the special reserve and the number
(a) without prejudice to future development by the EEA
of free allowances, by adding the relevant numbers
Joint Committee, it should be noted that the
concerning flights within and between the territories
following Community acts are not incorporated into
of the EFTA States and flights between the EFTA
this Agreement:
States and third countries to the Commission decision
when incorporating the latter into the EEA Agreement.
(i) Council Decision 2002/358/EC of 25 April 2002
concerning the approval, on behalf of the European
The Commission shall decide on the EEA-wide
Community, of the Kyoto Protocol to the United
benchmark. During the decision-making process the
Nations Framework Convention on Climate Change
Commission shall cooperate closely with the EFTA
and the joint fulfilment of commitments there
Surveillance Authority. The calculation and publication
under (*);
by the EFTA States under Article 3e(4) shall take place
subsequent to the decision of the EEA Joint Committee
incorporating the decision adopted by the Commission
(ii) Decision No 280/2004/EC of the European
into the EEA Agreement.”;
Parliament and of the Council of 11 February
2004 concerning a mechanism for monitoring
Community greenhouse gas emissions and for
(g) the following subparagraph shall be added in
implementing the Kyoto Protocol (**);
Article 3f(5):
(b) at the time of incorporation of the Directive, Liech
tenstein does not have any aviation activities as
“The Commission shall decide on the EEA-wide
defined in the Directive operated on its territory. Liech
benchmark. During the decision-making process the
tenstein will comply with the Directive when relevant
Commission shall cooperate closely with the EFTA
aviation activities take place on its territory;
Surveillance Authority. The calculation and publication
by the EFTA States under Article 3f(7) shall take place
subsequent to the decision of the EEA Joint Committee
(c) the following subparagraph shall be added in
incorporating the decision adopted by the Commission
Article 3c(4):
into the EEA Agreement.”;
“The EEA Joint Committee shall, in accordance with the
(h) the following paragraphs shall be inserted in Article 9:
procedures laid down in the Agreement and based on
figures provided by the EFTA Surveillance Authority in
cooperation with Eurocontrol, decide on the EEA-wide
“The increase in the average annual total quantity of
historical aviation emissions by adding the relevant
allowances in the EU ETS due to the extension of the
numbers concerning flights within and between the
scheme to cover Liechtenstein and Norway pursuant to
territories of the EFTA States and flights between the
paragraph 1 shall be in accordance with the EFTA
EFTA States and third countries to the Commission
Surveillance Authority’s decisions concerning their
decision when incorporating the latter into the EEA
national allocation plans for the period from 2008 to
Agreement.”;
2012.

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EN
8.11.2012 Official
Journal
of
the
European
Union L
309/41
The increase in the average annual total quantity of
emissions for 2005 from installations carrying out
allowances in the EU ETS due to the extension of the
activities listed in Annex I, which are only included
scheme to cover Iceland pursuant to paragraph 1 shall
in the Community scheme from 2013 onwards.
correspond to 23 934 tonnes of CO 2 equivalent.
Iceland’s share shall thus be calculated on the basis of
935 841 tonnes of CO 2 equivalent.”;
In respect of the EFTA States, the figures to be taken
into account for the calculation of the EEA-wide
(m) Article 10(3) shall not apply to the EFTA States;
quantity of allowances to be issued from 2013
onwards pursuant to this Article are set out in Part A
of the Appendix.”;
(n) the following subparagraph shall be added after the
fifth subparagraph of Article 11a(8):
(i) the
following
sentence
shall
be
added
in
Article
9a(1):
“In respect of the EFTA States, the figures to be taken
into account for the calculation of the EEA-wide
“For Norway, the average annual quantity of allowances
reductions pursuant to the fifth subparagraph are set
issued in respect of the installations mentioned in this
out in Part B of the Appendix.”;
paragraph is 878 850.”;
(o) the second sentence in Article 16(3) shall be replaced
(j) the following subparagraph shall be added in
by the following:
Article 9a(2):
“With regard to installations in the EFTA States
“The EFTA States shall provide for excess emissions
carrying out activities listed in Annex I which are
penalties that are equivalent to those in the EU
only included in the Community scheme from 2013
Member States.”;
onwards, the average annual emissions of the reported
period for the adjustment shall be:
(p) the following paragraph shall be inserted after
Article 16(12):
Iceland: 1 862 571 tonnes of CO 2 equivalent.
“13. The
EFTA
States
shall
submit
any
requests
Liechtenstein: 0 tonnes of CO 2 equivalent.
pursuant to Article 16(5) and (10) to the EFTA
Norway: 5 269 254 tonnes of CO
Surveillance Authority, which shall promptly pass
2 equivalent.”;
them on to the Commission.”;
(k) the following paragraphs shall be added after
Article 9a(4):
(q) the following subparagraph shall be added in
Article 18a(1):
“5. In
respect
of
the
EFTA
States,
the
figures
to
be
taken into account for the adjustment of the EEA-wide
“Reallocation of aircraft operators to the EFTA States
quantity of allowances to be issued from 2013
should take place during year 2011, after fulfilment by
onwards pursuant to this Article are set out in Part A
the operator of its 2010 obligations. A different
of the Appendix.
timeline for reallocation of aircraft operators initially
assigned to a Member State on the basis of the
6. The
Commission
shall
calculate
and
adjust
the
criteria mentioned under point (b) of this paragraph,
annual EEA-wide quantity of allowances to be issued
can be agreed by the initial administering Member
from 2013 onwards in accordance with Article 9 and
State, further to an explicit request introduced by the
this Article in order to include the EFTA States’ figures
operator within six months from the adoption by the
as set out in Part A of the Appendix. The Commission
Commission of the EEA-wide list of operators provided
shall publish the adjusted EEA-wide quantities of
for in point (b) of Article 18a(3). In this case, reallo
allowances for 2013 and onwards.”;
cation shall take place no later than in 2020 with
regard to the trading period beginning in 2021.”;
(l) the
following
paragraph
shall
be
added
in
Article
10(2):
(r) in
point
(b)
of
Article
18a(3),
the
words
“for
the
whole
EEA” shall be inserted after the words “aircraft oper
“For the purposes of point (a), in respect of Liech
ators”;
tenstein and Norway, their shares shall be calculated
on the basis of the following emissions:
(s) the following subparagraph shall be added in
Liechtenstein: 20 943 tonnes of CO
Article 18b:

2 equivalent.
Norway: 18 635 669 tonnes of CO 2 equivalent.
“For the purposes of carrying out their tasks under the
Directive, the EFTA States and the EFTA Surveillance
In respect of Iceland, the share referred to in point (a)
Authority may request the assistance of Eurocontrol or
shall be calculated on the basis of 36 196 tonnes of
another relevant organisation and may conclude to that
CO 2 equivalent adjusted by 899 645 tonnes of CO 2
effect any appropriate agreements with those organi
equivalent, representing the share of verified
sations.”;

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L 309/42
EN
Official Journal of the European Union
8.11.2012
(t) the following paragraph shall be added to Article 20:
their operators under the Community system. Upon
conclusion by the Community of an agreement
“4. The
issue,
transfer
and
cancellation
of
allowances
referred to in this Article, no distinction shall be
concerning the EFTA States, their operators and the
made between such allowances.
aircraft operators administered by them shall be
registered in the independent transaction log referred
The Commission shall keep the EFTA States informed
to in paragraph 1.
at an early stage regarding the negotiation and
conclusion of agreements or non-binding arrangements
The Central Administrator shall be competent to
according to this Article.”;
perform the tasks referred to in paragraphs 1 to 3
when the EFTA States, their operators or the aircraft
(v) the EFTA States participating in the EU Emission
operators administered by them are concerned.”;
Trading Scheme will provide information according to
the relevant requirements in the first subparagraph of
(u) the following paragraph shall be added to Article 25:
Article 30(3), while the reporting requirements under
the second subparagraph shall not apply to them;
“3. Allowances
of
the
Community
system
include
allowances issued or traded by the EFTA States or
(w) the following shall be added after Annex V:
“Appendix
PART A
EFTA States’ figures relevant to the calculation and adjustment of the EEA-wide quantity of allowances to be
issued from 2013 onwards pursuant to Articles 9 and 9a of Directive 2003/87/EC
1. EFTA States’ figures pursuant to Article 9
For the determination of these figures, the linear factor of 1,74 % has been applied.
Iceland
These figures are based on the average annual verified emissions from 2005 to 2010 from activities falling in principle
under Directive 2003/87/EC during the period from 2008 to 2012 corresponding to 23 934 allowances.
Year Amount
of
allowances
2013 22
684
2014 22
268
2015 21
851
2016 21
435
2017 21
018
2018 20
602
2019 20
186
2020 19
769
Liechtenstein
These figures are based on an average annual total quantity of allowances by Liechtenstein for the period from 2008 to
2012 corresponding to 17 943 allowances as set out in Liechtenstein’s National Allocation Plan.
Year Amount
of
allowances
2013 17
006
2014 16
694
2015 16
382
2016 16
070
2017 15
758
2018 15
445
2019 15
133
2020 14
821

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EN
8.11.2012 Official
Journal
of
the
European
Union L
309/43
Norway
These figures are based on an average annual total quantity of allowances by Norway for the period from 2008 to 2012
corresponding to 14 255 268 allowances, as set out in the Norwegian National Allocation Plan.
Year Amount
of
allowances
2013 13
511
143
2014 13
263
101
2015 13
015
060
2016 12
767
018
2017 12
518
976
2018 12
270
935
2019 12
022
893
2020 11
774
851
2. EFTA States’ figures pursuant to Article 9a(1)
For the determination of these figures, the linear factor of 1,74 % has been applied.
Norway
Year Amount
of
allowances
2013 832
974
2014 817
682
2015 802
390
2016 787
098
2017 771
806
2018 756
514
2019 741
222
2020 725
930
3. EFTA States’ figures pursuant to Article 9a(2)
For the determination of these figures, the linear factor of 1,74 % has been applied.
Iceland
Year Amount
of
allowances
2013 1
732
936
2014 1
700
527
2015 1
668
119
2016 1
635
710
2017 1
603
301
2018 1
570
892
2019 1
538
484
2020 1
506
075

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L 309/44
EN
Official Journal of the European Union
8.11.2012
Norway
Year Amount
of
allowances
2013 4
994
199
2014 4
902
514
2015 4
810
829
2016 4
719
144
2017 4
627
459
2018 4
535
774
2019 4
444
089
2020 4
352
404
PART B
EFTA States’ figures relevant to the calculation of the EEA-wide reductions pursuant to the fifth subparagraph of
Article 11a(8)
Emissions in 2005 from existing sectors (in
Emissions in 2005 from new sectors
tonnes of CO
included as of 2013 (in tonnes of CO

2
2 equivalent)
equivalent)
Iceland 36
196 899
645
Liechtenstein 18
121
0
Norway 19
730
000 6
140
000”
(*) OJ L 130, 15.5.2002, p. 1.
(**) OJ L 49, 19.2.2004, p. 1.’;
(3) the following points are inserted after point 21al (Directive
Surveillance Authority, which will forward the
2003/87/EC of the European Parliament and of the
information to the Commission.”;
Council):
(b) the following sentences shall be added in
‘21ala. 32010 R 1031: Commission Regulation (EU) No
Article 24(2):
1031/2010 of 12 November 2010 on the timing,
administration and other aspects of auctioning of
greenhouse gas emission allowances pursuant to
“The EFTA States shall contract the auction
Directive 2003/87/EC of the European Parliament
monitor appointed following the joint
and of the Council establishing a scheme for
procurement procedure between the
greenhouse gas emission allowances trading
Commission and the Member States to
within the Community (OJ L 302, 18.11.2010,
monitor all auction processes. In Article 25(1),
p. 1), as amended by:
(2), (3), (4) and (5), the term ‘Member State(s)’
shall be understood to include the EFTA
— 32011 R 1210: Commission Regulation (EU)
States.”;
No 1210/2011 of 23 November 2011 (OJ
L 308, 24.11.2011, p. 2).
(c) the following subparagraph shall be added in
Article 26(1) and (2):
The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the
“The EFTA States shall contract the auction
following adaptations:
platform appointed jointly by the Commission
and the participating EU Member States for the
(a) the first sentence in Article 22(7) shall read as
auctioning of their shares of the allowances to
follows:
be auctioned where the EFTA States choose to
aggregate the auctioning of their allowances
“The EFTA States shall notify the identity of the
with the allowances of the EU Member States
auctioneer and its contact details to the EFTA
participating in the joint action.”;

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EN
8.11.2012 Official
Journal
of
the
European
Union L
309/45
(d) the following sentence shall be added in
sitional Union-wide rules for harmonised free allo
Article 27(1) and Article 28(1):
cation of emission allowances pursuant to
Article 10a of Directive 2003/87/EC of the
European Parliament and of the Council (OJ
“Without prejudice to the arrangements in the
L 130, 17.5.2011, p. 1), as amended by:
contract to be concluded between the EFTA
States and the auction platform, the auction
platform appointed following the joint
— 32011 D 0745: Commission Decision
procurement procedure between the
2011/745/EU of 11 November 2011 (OJ
Commission and the Member States partici
L 299, 17.11.2011, p. 9).
pating in the joint action may provide the
abovementioned services also to the EFTA
States.”;
21ald. 32010 D 0670: Commission Decision
2010/670/EU of 3 November 2010 laying down
criteria and measures for the financing of
(e) Articles 30 to 32 shall not apply to the EFTA
commercial demonstration projects that aim at
States, provided that they have contracted the
the environmentally safe capture and geological
auction platforms appointed according to
storage of CO
Article 26 in accordance with adaptation (c)

2 as well as demonstration projects
of innovative renewable energy technologies under
above;
the scheme for greenhouse gas emission allowance
trading within the Community established by
Directive 2003/87/EC of the European Parliament
(f) the following subparagraphs shall be added in
and of the Council (OJ L 290, 6.11.2010, p. 39).
Article 52(3):
“The share of the costs of the auction monitor
21ale. 32011 R 0550: Commission Regulation (EU) No
relating to an auction platform appointed
550/2011 of 7 June 2011 on determining,
pursuant to Article 26(1) or (2) and contracted
pursuant to Directive 2003/87/EC of the
by the EFTA States shall be distributed between
European Parliament and of the Council, certain
the Member States participating in the joint
restrictions applicable to the use of international
action and the EFTA States in accordance
credits from projects involving industrial gases
with their shares of the total volume of
(OJ L 149, 8.6.2011, p. 1).’;
allowances auctioned on the auction platform
concerned provided that the EFTA States
aggregate the auctioning of their allowances
(4) the following indents are added in point 21am (Com
with the allowances of the EU Member States
mission Decision 2007/589/EC):
participating in the joint action.
‘— 32010 D 0345: Commission Decision 2010/345/EU
The share of the costs of the auction monitor
of 8 June 2010 (OJ L 155, 22.6.2010, p. 34),
relating to an auction platform appointed
pursuant to Article 30(1) or (2) and contracted
by an EFTA State, including the cost of any
— 32011 D 0540: Commission Decision 2011/540/EU
report requested pursuant to Article 25(4),
of 18 August 2011 (OJ L 244, 21.9.2011, p. 1).’.
shall be borne by the EFTA State concerned
in the same way as for EU Member States
not participating in the joint action.”.
Article 2
The texts of Regulations (EU) No 1031/2010, (EU) No
21alb. 32010 D 0002: Commission Decision 2010/2/EU
550/2011 and (EU) No 1210/2011, Directive 2009/29/EC
of 24 December 2009 determining, pursuant to
and Decisions 2010/2/EU, 2010/345/EU, 2010/670/EU,
Directive 2003/87/EC of the European Parliament
2011/278/EU, 2011/540/EU and 2011/745/EU in the
and of the Council, a list of sectors and subsectors
Icelandic and Norwegian languages, to be published in the
which are deemed to be exposed to a significant
EEA Supplement to the Official Journal of the European Union,
risk of carbon leakage (OJ L 1, 5.1.2010, p. 10), as
shall be authentic.
amended by:
Article 3
— 32011 D 0745: Commission Decision
2011/745/EU of 11 November 2011 (OJ
This Decision shall enter into force on 27 July 2012 or the day
L 299, 17.11.2011, p. 9).
following the last notification to the EEA Joint Committee
under Article 103(1) of the EEA Agreement, whichever is the
latest ( 1 ).
21alc. 32011 D 0278: Commission Decision
2011/278/EU of 27 April 2011 determining tran
( 1 ) No constitutional requirements indicated.

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L 309/46
EN
Official Journal of the European Union
8.11.2012
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

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Document Outline

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