HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 81/38
EN
Official Journal of the European Union
21.3.2013
DECISION OF THE EEA JOINT COMMITTEE
No 236/2012
of 31 December 2012
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Kyoto Protocol, and that transfers of such allowances are
compatible with the obligations resulting from the Kyoto
Protocol.
Having regard to the Agreement on the European Economic
Area (‘the EEA Agreement’), and in particular Article 98 thereof,
(5) The
Union
Registry
should
reflect
the
extension
of
the
EU ETS to the EFTA States. According to EEA Joint
Committee Decision No 152/2012 of 26 July 2012 ( 4 ),
Whereas:
the EU Total Quantity Account, EU Aviation Total
Quantity Account, EU Auction Account, EU Allocation
Account, EU New Entrant Reserve Account, EU Aviation
(1) Commission
Regulation
(EU)
No
1193/2011
of
Auction Account and EU Special Reserve Account
18 November 2011 establishing a Union Registry for
encompass the allowances of the EFTA States.
the trading period commencing on 1 January 2013,
and subsequent trading periods, of the Union emissions
trading scheme pursuant to Directive 2003/87/EC of the
(6) The
Contracting
Parties
acknowledge
the
distinctive
European Parliament and of the Council and Decision No
character of the Union Registry and the EUTL and the
280/2004/EC of the European Parliament and of the
Commission’s responsibilities with regard to the secure
Council and amending Commission Regulations (EC)
operation and the maintenance of the system. Therefore,
No 2216/2004 and (EU) No 920/2010 (
the Commission should be able to guarantee the

1 ) is to be incor
porated into the EEA Agreement.
immediate suspension of access when needed in
accordance with Regulation (EU) No 1193/2011, while
taking the role of the EFTA Surveillance Authority into
account. This solution is without prejudice to future
(2) Decision
No
280/2004/EC
of
the
European
Parliament
matters related to the two-pillar structure set up under
and of the Council of 11 February 2004 concerning a
the EEA Agreement.
mechanism for monitoring Community greenhouse gas
emissions and for implementing the Kyoto Protocol ( 2 )
has not been incorporated into the EEA Agreement
(7) The
Contracting
Parties
recognise
that
it
is
essential
for
and therefore the specific reporting requirements
the law enforcement and tax authorities of a Contracting
foreseen in that Decision do not apply to the EFTA
Party, the European Anti-Fraud Office of the European
States.
Commission, the European Court of Auditors and
Eurojust, as well as the competent authorities referred
to in Article 11 of Directive 2003/6/EC of the
(3) The
EFTA
States
shall
be
included
in
the
Union
Registry
European Parliament and of the Council ( 5 ) and in
and the European Union Transaction Log (EUTL). The
Article 37(1) of Directive 2005/60/EC of the European
Central Administrator shall perform his tasks with
Parliament and of the Council ( 6 ), the competent national
regard to the EFTA States, whereby the EFTA Surveillance
supervisory authorities, the national administrators of
Authority shall be the competent body to give the
Contracting Parties and the competent authorities
necessary instructions to the Central Administrator in
referred to in Article 18 of Directive 2003/87/EC to be
relation to provisions relating to the application of Regu
granted the right to obtain certain data stored in the
lation (EU) No 1193/2011 for the EFTA States as appro
Union Registry and in the EUTL in clearly defined
priate.
cases if this is necessary for the performance of their
tasks as set forth in Article 83 of Regulation (EU) No
1193/2011 and Article 75 of Commission Regulation
(EU) No 920/2010 (
(4) The
Contracting
Parties
understand
that
the
specific

7 ) as amended by Regulation (EU)
nature of the EU ETS and the related standardised and
No 1193/2011.
secured system of registries pursuant to Directive
2003/87/EC of the European Parliament and of the
(8)
For the same reason, the Contracting Parties, although
Council ( 3 ), providing for the establishment of a Union
recalling that Council Decision 2009/371/JHA ( 8 ) is not
Registry, require special rules on data storage and access
incorporated into the EEA Agreement, acknowledge that
regarding the Union Registry to ensure that the
Europol obtains permanent read-only access to data
greenhouse gas emission allowances conform to the
stored in the Union Registry and in the EUTL.
functional and technical specifications for data
exchange standards for registry systems under the
( 4 ) OJ L 309, 8.11.2012, p. 38.
( 5 ) OJ L 96, 12.4.2003, p. 16.
( 1 ) OJ L 315, 29.11.2011, p. 1.
( 6 ) OJ L 309, 25.11.2005, p. 15.
( 2 ) OJ L 49, 19.2.2004, p. 1.
( 7 ) OJ L 270, 14.10.2010, p. 1.
( 3 ) OJ L 275, 25.10.2003, p. 32.
( 8 ) OJ L 121, 15.5.2009, p. 37.

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EN
21.3.2013 Official
Journal
of
the
European
Union L
81/39
(9) The
Contracting
Parties
recall,
however,
that
the
granting
holders under the jurisdiction of an EFTA State are
of information rights and of permanent read-only access
concerned.” ’;
as foreseen in Article 83 of Regulation (EU) No
1193/2011 and Article 75 of Regulation (EU) No
(iv) the following adaptations shall be inserted after adap
920/2010 as amended by Regulation (EU) No
tation (j):
1193/2011 is without prejudice to the understanding
that police and judicial cooperation in criminal matters
as well as tax administration or enforcement fall outside
‘(k) The following subparagraph shall be added in
the scope of the EEA Agreement, and that the Regu
Article 75(3):
lations therefore do not confer on the institutions
mentioned any other rights than those explicitly
“When account holders under the jurisdiction of an
foreseen in their Articles 83 and 75 respectively.
EFTA State are concerned, such data may be
provided by the Central Administrator following
(10) Annex
XX
to
the
EEA
Agreement
should
therefore
be
the prior consent of the EFTA Surveillance Auth
amended accordingly,
ority.”
HAS ADOPTED THIS DECISION:
(l) The following subparagraph shall be added in
Article 75(5a):
Article 1
Annex XX to the EEA Agreement shall be amended as follows:
“Europol shall keep the EFTA Surveillance
Authority and the Commission informed of the
(1) point 21an (Commission Regulation (EU) No 920/2010)
use it makes of the data when account holders
shall be amended as follows:
under the jurisdiction of an EFTA State are
concerned.” ’;
(i) the following shall be added:
(2) the following shall be inserted after point 21an (Com
‘, as amended by:
mission Regulation (EU) No 920/2010):
— 32011 R 1193: Commission Regulation (EU) No
‘21ana. 32011 R 1193: Commission Regulation (EU) No
1193/2011 of 18 November 2011 (OJ L 315,
1193/2011 of 18 November 2011 establishing a
29.11.2011, p. 1).’;
Union Registry for the trading period commencing
on 1 January 2013, and subsequent trading
(ii) adaptations (h) and (i) shall be renumbered as adap
periods, of the Union emissions trading scheme
tations (j) and (m);
pursuant to Directive 2003/87/EC of the
European Parliament and of the Council and
(iii) the following adaptation shall be inserted after adap
Decision No 280/2004/EC of the European
tation (g):
Parliament and of the Council and amending
Commission Regulations (EC) No 2216/2004 and
‘(h) The following subparagraphs shall be added in
(EU) No 920/2010 (OJ L 315, 29.11.2011, p. 1).
Articles 64(1) and 64a(2):
The provisions of the Regulation shall, for the
“When accounts under the jurisdiction of an EFTA
purposes of this Agreement, be read with the
State are concerned, the Commission shall
following adaptations:
immediately inform the EFTA Surveillance
Authority of the instructions given to the Central
(a) The issue, transfer and cancellation of
Administrator and the reasons for these instruc
allowances concerning the EFTA States, their
tions.
operators and the aircraft operators admin
istered by them shall be registered in the
In case the suspension of access is not horizontal
European Union Transaction Log (EUTL).
and to the extent that it is directed at individual
accounts under the jurisdiction of an EFTA State,
the EFTA Surveillance Authority shall within three
The Central Administrator shall be competent
working days adopt a decision on the applicability
to perform the tasks referred to in paragraphs 1
of the Commission’s instructions, based on the
to 3 of Article 20 of Directive 2003/87/EC
explanations given by the Commission. The
when the EFTA States, their operators or the
absence of a decision from the EFTA Surveillance
aircraft operators administered by them are
Authority shall have no effect on the validity of the
concerned.
instructions given by the Commission or of the
action taken by the Central Administrator.”
(b) In Article 7(4), the following sentence shall be
added:
(i) The following subparagraph shall be added
Article 64a(3):
“The EFTA Surveillance Authority shall coor
dinate the implementation of this Regulation
“The word ‘Commission’ shall be replaced by the
with the national administrators of each EFTA
words ‘EFTA Surveillance Authority’ when account
State and the Central Administrator.”

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L 81/40
EN
Official Journal of the European Union
21.3.2013
(c) In Article 31(7), the following sentence shall be
EFTA Surveillance Authority shall, upon
added:
consultation with the Commission, instruct
the Central Administrator to reinstate those
“The word ‘Commission’ shall be replaced by
processes. It shall otherwise reject the request
the words ‘EFTA Surveillance Authority’ when
within a reasonable period and inform the
account holders under the jurisdiction of an
national administrator without delay, stating
EFTA State are concerned.”
its reasons and setting out criteria to be
(d) The following subparagraph shall be added in
fulfilled for a subsequent request to be
Articles 49(2), 50(2), 53(2) and 54(3):
accepted.”
“Where national allocation tables of the EFTA
(h) The following subparagraph shall be added in
States are concerned, the Central Administrator
Article 83(3):
shall be instructed by the EFTA Surveillance
Authority.”
“When account holders under the jurisdiction
of an EFTA State are concerned, such data may
(e) The following subparagraphs shall be added in
be provided by the Central Administrator
Articles 70(1) and 71(2):
following the prior consent of the EFTA
“When accounts under the jurisdiction of an
Surveillance Authority.”
EFTA State are concerned, the Commission
(i) The following subparagraph shall be added in
shall immediately inform the EFTA Surveillance
Article 83(6):
Authority of the instructions given to the
Central Administrator and the reasons for
“Europol shall keep the EFTA Surveillance
these instructions.
Authority and the Commission informed of
the use it makes of the data when account
In case the suspension of access is not hori
holders under the jurisdiction of an EFTA
zontal and to the extent that it is directed at
State are concerned.” ’.
individual accounts under the jurisdiction of an
EFTA State, the EFTA Surveillance Authority
Article 2
shall within three working days adopt a
decision on the applicability of the Commis
The text of Regulation (EU) No 1193/2011 in the Icelandic and
sion’s instructions, based on the explanations
Norwegian languages, to be published in the EEA Supplement
given by the Commission. The absence of a
to the Official Journal of the European Union, shall be authentic.
decision from the EFTA Surveillance Authority
Article 3
shall have no effect on the validity of the
instructions given by the Commission or of
This Decision shall enter into force on 1 January 2013 or on
the action taken by the Central Administrator.”
the day following the last notification to the EEA Joint
Committee under Article 103(1) of the EEA Agreement (*),
(f) The following subparagraph shall be added in
whichever is the later.
Article 71(3):
“The word ‘Commission’ shall be replaced by
Article 4
the words ‘EFTA Surveillance Authority’ when
This Decision shall be published in the EEA Section of, and in
account holders under the jurisdiction of an
the EEA Supplement to, the Official Journal of the European
EFTA State are concerned.”
Union.
(g) The following subparagraph shall be added in
Article 73(3):
Done at Brussels, 31 December 2012.
“A national administrator of an EFTA State may
request the EFTA Surveillance Authority to
reinstate processes suspended in accordance
For the EEA Joint Committee
with paragraph 1 if it considers that the
outstanding issues that caused suspension
The President
have been resolved. If this is the case, the
Atle LEIKVOLL
(*) No constitutional requirements indicated.

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