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28.12.2011 Official
Journal
of
the
European
Union L
344/31
COUNCIL DECISION
of 12 December 2011
on the position to be taken by the European Union in the EEA Joint Committee concerning an
amendment to Annex IV (Energy) to the EEA Agreement
(2011/886/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) Norway’s
fulfilment
of
the
target
for
share
of
energy
from renewable sources in gross final consumption of
Having regard to the Treaty on the Functioning of the European
energy in 2020 must be seen in the context of the
Union, and in particular Articles 114(1), 192(1) and 218 (9)
initial high share of renewable energy compared to the
thereof,
EU Member States, and the uncertainty associated with
supply and demand embedded in the combination of a
Having regard to Council Regulation (EC) No 2894/94 of
hydro-based energy production system and a cold
28 November 1994 concerning arrangements for implementing
climate,
the Agreement on the European Economic Area ( 1 ), and in
particular Article 1(3) thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Whereas:
Article 1
The position to be taken by the Union in the EEA Joint
(1)
Annex IV to the Agreement on the European Economic
Area (
Committee concerning an amendment to Annex IV (Energy)

2 ), (hereinafter ‘the EEA Agreement’) contains
specific provisions and arrangements concerning energy.
to the EEA Agreement shall be based on the draft Decision of

the EEA Joint Committee attached to this Decision.
(2) Directive
2009/28/EC
of
the
European
Parliament
and
of
the Council of 23 April 2009 on the promotion of the
Article 2
use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and
This Decision shall enter into force on the day of its adoption.
2003/30/EC ( 3 ) is to be incorporated into the EEA
Agreement.
(3)
Directive 2009/28/EC repeals Directive 2001/77/EC of
Done at Brussels, 12 December 2011.
the European Parliament and of the Council of
27 September 2001 on the promotion of electricity
produced from renewable energy sources in the internal
For the Council
electricity market ( 4 ), which is incorporated into the EEA
Agreement and is therefore to be repealed under the EEA
The President
Agreement.
S. NOWAK
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 140, 5.6.2009, p. 16.
( 4 ) OJ L 283, 27.10.2001, p. 33.

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L 344/32
EN
Official Journal of the European Union
28.12.2011
DRAFT
DECISION OF THE EEA JOINT COMMITTEE
No …
of …
amending Annex IV (Energy) to the EEA Agreement
THE EEA JOINT COMMITTEE,
(1) the text of point 19 (Directive 2001/77/EC of the European
Parliament and of the Council) shall be deleted with effect
from 1 January 2012;
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
on the European Economic Area, hereinafter ‘the Agreement’,
(2) the following shall be inserted after point 40 (Commission
and in particular Article 98 thereof,
Regulation (EU) No 774/2010):
Whereas:
‘41. 32009 L 0028: Directive 2009/28/EC of the European
Parliament and of the Council of 23 April 2009 on the
promotion of the use of energy from renewable
sources and amending and subsequently repealing
Directives 2001/77/EC and 2003/30/EC (OJ L 140,
(1) Annex
IV
to
the
Agreement
was
last
amended
by
Decision of the EEA Joint Committee No … of … (
5.6.2009, p. 16).

1 ).
The provisions of the Directive shall, for the purposes
(2) Directive
2009/28/EC
of
the
European
Parliament
and
of
of this Agreement, be read with the following adap
the Council of 23 April 2009 on the promotion of the
tations:
use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and
2003/30/EC ( 2 ) is to be incorporated into the Agreement.
(a) The Directive shall not apply to Liechtenstein.
(3)
Directive 2009/28/EC repeals Directive 2001/77/EC of
the European Parliament and of the Council ( 3 ), which
(b) The second sentence of Article 3(1) shall not apply
is incorporated into the Agreement and is therefore to
to the EFTA States.
be repealed under the Agreement.
(c) The following shall be added in Article 4(2):
(4)
Norway’s fulfilment of the target for share of energy
from renewable sources in gross final consumption of
energy in 2020 must be seen in the context of the
initial high share of renewable energy compared to the
“Norway and Iceland shall notify their national
EU Member States, and the uncertainty associated with
renewable energy action plans to the EFTA
supply and demand embedded in the combination of a
Surveillance Authority no later than 6 months
hydro-based energy production system and a cold
after the entry into force of Decision of the EEA
climate,
Joint Committee No …, incorporating Directive
2009/28/EC.”
HAS ADOPTED THIS DECISION:
(d) The following shall be added in Article 22(1):
Article 1
“Norway and Iceland shall submit a report on
Annex IV to the Agreement shall be amended as follows:
progress in the promotion and use of energy
from renewable sources by 31 December 2013,
and every 2 years thereafter. The fifth report, to
( 1 ) OJ L ….
( 2 ) OJ L 140, 5.6.2009, p. 16.
be submitted by 31 December 2021, shall be the
( 3 ) OJ L 283, 27.10.2001, p. 33.
last report required.”

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EN
28.12.2011 Official
Journal
of
the
European
Union L
344/33
(e) The following shall be added in point A of
Article 3
Annex I:
This Decision shall enter into force on …, provided that all the
notifications under Article 103(1) of the Agreement have been
made to the EEA Joint Committee (*).
Share of energy
Target for share of
from renewable
energy from
sources in gross renewable sources in
Article 4
final consumption
gross final
of energy, 2005
consumption of
This Decision shall be published in the EEA Section of, and in
(S 2005 )
energy, 2020 (S 2020 )
the EEA Supplement to, the Official Journal of the European
Union.
“Iceland 55,0
% 64
%
Norway 58,2
% 67,5
%”
’
Done at Brussels, ….
Article 2
For the EEA Joint Committee
The text of Directive 2009/28/EC in the Icelandic and
Norwegian languages, to be published in the EEA Supplement
The Secretaries
to the Official Journal of the European Union, shall be authentic.
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional
requirements indicated.]

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