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10.3.2011 Official
Journal
of
the
European
Union L
63/17
DECISIONS
COUNCIL DECISION
of 28 February 2011
on the position to be taken by the European Union in the EEA Joint Committee concerning an
amendment to Annex XX (Environment) to the EEA Agreement
(2011/153/EU)
THE COUNCIL OF THE EUROPEAN UNION,
as to include aviation activities in the scheme for
greenhouse gas emission allowance trading within the
Having regard to the Treaty on the Functioning of the European
Community ( 2 ), into the EEA Agreement.
Union, and in particular Articles 192(1) and 218(9) thereof,
(3) Annex
XX
to
the
EEA
Agreement
should
therefore
be
Having regard to Council Regulation (EC) No 2894/94 of
amended accordingly,
28 November 1994 concerning arrangements for implementing
the Agreement on the European Economic Area ( 1 ), and in
HAS ADOPTED THIS DECISION:
particular Article 1(3) thereof,
Sole Article
Having regard to the proposal from the European Commission,
The position to be taken by the Union in the EEA Joint
Committee on an envisaged amendment to Annex XX to the
Whereas:
EEA Agreement is laid down in the Annex to this Decision.
(1) Annex
XX
to
the
Agreement
on
the
European
Economic
Area (hereinafter ‘the EEA Agreement’) contains specific
Done at Brussels, 28 February 2011.
provisions and arrangements concerning environment.
For the Council
(2) It
is
appropriate
to
incorporate
Directive
2008/101/EC
of
the European Parliament and of the Council of
The President
19 November 2008 amending Directive 2003/87/EC so
FELLEGI T.
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 8, 13.1.2009, p. 3.

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L 63/18
EN
Official Journal of the European Union
10.3.2011
ANNEX
Draft
DECISION No …/2011 OF THE EEA JOINT COMMITTEE
of
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
(2) the following adaptations are inserted after adaptation (b):
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
‘(ba) At the time of incorporation of the Directive, Liech
on the European Economic Area (hereinafter ‘the EEA
tenstein does not have any aviation activities as
Agreement’), and in particular Article 98 thereof,
defined in the Directive operated on its territory.
Liechtenstein will comply with the Directive when
Whereas:
relevant aviation activities take place on its territory.

(1) Annex
XX
to
the
EEA
Agreement
was
amended
by
(bb) The following subparagraph shall be added in
Decision of the EEA Joint Committee No 146/2007 of
Article 3c(4):
26 October 2007 ( 1 ) in order to incorporate, inter alia,
Directive 2003/87/EC of the European Parliament and of
the Council of 13 October 2003 establishing a scheme
“The EEA Joint Committee shall, in accordance with
for greenhouse gas emission allowance trading within the
the procedures laid down in the Agreement and based
Community ( 2 ), into that Agreement.
on figures provided by the EFTA Surveillance
Authority in cooperation with Eurocontrol, decide
(2) Directive
2008/101/EC
of
the
European
Parliament
and
on the EEA-wide historical aviation emissions by
of the Council of 19 November 2008 amending
adding the relevant numbers concerning flights
Directive 2003/87/EC so as to include aviation activities
within and between the territories of the EFTA
in the scheme for greenhouse gas emission allowance
States and flights between the EFTA States and third
trading within the Community ( 3 ) is to be incorporated
countries to the Commission decision when incor
into the EEA Agreement.
porating the latter into the EEA Agreement.”;
(3) The
decision-making
process
leading
to
the
implemen
tation of the Directive will take place in close coop
(bc) in Article 3d(4), the second subparagraph shall be
eration between the European Commission, the EFTA
deleted;
Surveillance Authority and the EFTA States.
(bd) the following subparagraph shall be added in Articles
(4) The
Contracting
Parties
have
issued
a
Joint
Declaration,
3e(2) and 3f(4):
emphasising, inter alia, that they will make every effort in
order to ensure the swift adoption and entry into force of
any EEA Joint Committee decisions necessary to extend
“By the same date, the EFTA States shall submit appli
to the EFTA States the relevant implementing decisions
cations received to the EFTA Surveillance Authority,
to be adopted by the European Commission and
which shall promptly pass them on to the
particularly those pursuant to Articles 3e(3) and 3f (5)
Commission.”;
of Directive 2003/87/EC as amended by Directive
2008/101/EC,
(be) the following subparagraphs shall be added in
HAS ADOPTED THIS DECISION:
Article 3e(3):
Article 1
“The EEA Joint Committee shall, in accordance with
Point 21al of Annex XX to the EEA Agreement is hereby
the procedures laid down in the Agreement and based
amended as follows:
on figures provided by the EFTA Surveillance
Authority in cooperation with Eurocontrol, decide
(1) the following indent is added:
on the EEA-wide number for the total number of
allowances, the number of allowances to be auctioned,
‘— 32008 L 0101: Directive 2008/101/EC of the
the number of allowances in the special reserve and
European Parliament and of the Council of
the number of free allowances, by adding the relevant
19 November 2008 (OJ L 8, 13.1.2009, p. 3).’;
numbers concerning flights within and between the
territories of the EFTA States and flights between the
EFTA States and third countries to the Commission
( 1 ) OJ L 100, 10.4.2008, p. 92.
( 2 ) OJ L 275, 25.10.2003, p. 32.
decision when incorporating the latter into the EEA
( 3 ) OJ L 8, 13.1.2009, p. 3.
Agreement.

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EN
10.3.2011 Official
Journal
of
the
European
Union L
63/19
The Commission shall decide on the EEA-wide
the EEA-wide list of operators provided for in
benchmark. During the decision-making process the
Article 18a(3)(b). In this case, reallocation shall take
Commission shall cooperate closely with the EFTA
place no later than in 2020 with regard to the
Surveillance Authority. The calculation and publi
trading period beginning in 2021.”;
cation by the EFTA States under Article 3e(4) shall
take place subsequent to the decision of the EEA
Joint Committee incorporating the decision adopted
(ic) in Article 18a(3)(b), the words “for the whole EEA”
by the Commission into the EEA Agreement.”;
shall be inserted after the words “aircraft operators”;
(bf) the following subparagraph shall be added in
(id) the following subparagraph shall be added in
Article 3f(5):
Article 18b:
“The Commission shall decide on the EEA-wide
“For the purposes of carrying out their tasks under the
benchmark. During the decision-making process the
Directive, the EFTA States and the EFTA Surveillance
Commission shall cooperate closely with the EFTA
Authority may request the assistance of Eurocontrol or
Surveillance Authority. The calculation and publi
another relevant organisation and may conclude to
cation by the EFTA States under Article 3f(7) shall
that effect any appropriate agreements with those
take place subsequent to the decision of the EEA
organisations.” ’
Joint Committee incorporating the decision adopted
by the Commission into the EEA Agreement.” ’;
Article 2
(3) the following adaptations are inserted after adaptation (i):
The text of Directive 2008/101/EC in the Icelandic and
Norwegian languages, to be published in the EEA Supplement
to the Official Journal of the European Union, shall be authentic.
‘(ia) the following paragraph shall be inserted after
Article 16(12):
Article 3
“(13) The
EFTA
States
shall
submit
any
requests This Decision shall enter into force on the day following the last
pursuant to Article 16(5) and (10) to the EFTA
notification to the EEA Joint Committee under Article 103(1) of
Surveillance Authority, which shall promptly pass
the EEA Agreement (*).
them on to the Commission.”;
Article 4
(ib) the following subparagraph shall be added in
This Decision shall be published in the EEA Section of, and in
Article 18a(1):
the EEA Supplement to, the Official Journal of the European
Union.
“Reallocation of aircraft operators to the EFTA States
should take place during year 2011, after fulfilment by
the operator of its 2010 obligations. A different
Done at …,
timeline for reallocation of aircraft operators
initially assigned to a Member State on the basis of
the criteria mentioned under (b), can be agreed by the
initial administering Member State, further to an
explicit request introduced by the operator within six
For the EEA Joint Committee
The Secretaries
months from the adoption by the Commission of
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]

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L 63/20
EN
Official Journal of the European Union
10.3.2011
Joint Declaration by the Contracting Parties to Decision No …/2011 incorporating Directive
2008/101/EC into the EEA Agreement
‘Directive 2008/101/EC states that revenues generated from the auctioning of allowances for aviation should
be used to tackle climate change. The application of this provision by the EFTA States is without prejudice
to the scope of the EEA Agreement.
As regards the decisions on benchmarks pursuant to Articles 3e(3) and 3f(5) of Directive 2003/87/EC as
amended by Directive 2008/101/EC, the Contracting Parties will make every effort in order to ensure swift
adoption and entry into force of any EEA Joint Committee decisions incorporating each decision of the
European Commission. In order to guarantee the homogeneity of the EEA and of its common ETS, a joint
and parallel process of the Contracting Parties shall lead up to the decisions of the European Commission,
which shall be incorporated into the EEA Agreement, if necessary by use of written procedure.
With the aim to provide for a transparent ETS in the EEA for all aviation operators concerned, the European
Commission will include special clauses in its decisions implementing Directive 2008/101/EC, which will
make reference to the extension of the decisions to the EEA EFTA States by decisions of the EEA Joint
Committee.’.

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