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1.8.2012 Official
Journal
of
the
European
Union L
205/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 24 July 2012
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
(2012/451/EU)
THE COUNCIL OF THE EUROPEAN UNION,
12 November 2010 on the timing, administration and
other aspects of auctioning of greenhouse gas emission
allowances pursuant to Directive 2003/87/EC of the
Having regard to the Treaty on the Functioning of the European
European Parliament and of the Council establishing a
Union, and in particular Article 192(1) in conjunction with
scheme for greenhouse gas emission allowances trading
Article 218(9) thereof,
within the Community ( 4 ), as amended by Commission
Regulation (EU) 1210/2011 of 23 November 2011
amending Regulation (EU) No 1031/2010 in particular
Having regard to Council Regulation (EC) No 2894/94 of
to determine the volume of greenhouse gas emission
28 November 1994 concerning arrangements for implementing
allowances to be auctioned prior to 2013 ( 5 ). It is also
the Agreement on the European Economic Area ( 1 ), and in
appropriate to incorporate into the EEA Agreement other
particular Article 1(3) thereof,
Commission acts adopted pursuant to Directive
2003/87/EC ( 6 ).
Having regard to the proposal from the European Commission,
(6) Certain
adaptations
should
be
provided
for
in
relation
to
Whereas:
Directive 2003/87/EC, as amended by Directive
2009/29/EC, and Regulation (EU) No 1031/2010; they
are justified by the extension of the emission trading
(1) The
Agreement
on
the
European
Economic
Area
(
scheme of the European Union to the EEA EFTA States.

2 ) (‘the
EEA Agreement’) entered into force on 1 January 1994.
(7) Annex
XX
to
the
EEA
Agreement
should
therefore
be
(2)
Pursuant to Article 98 of the EEA Agreement, the EEA
amended accordingly.
Joint Committee may decide to amend, among others,
Annex XX to the EEA Agreement.
(8)
The position of the European Union in the EEA Joint
Committee should be based on the attached draft
(3) Annex
XX
to
the
EEA
Agreement
contains
provisions
and arrangements concerning the environment.
Decision,


(4)
It is appropriate to incorporate into the EEA Agreement
HAS ADOPTED THIS DECISION:
Directive 2009/29/EC of the European Parliament and of
the Council of 23 April 2009 amending Directive
2003/87/EC so as to improve and extend the greenhouse
Article 1
gas emission allowance trading scheme of the Commu
nity ( 3 ).
The position to be taken by the European Union in the EEA
Joint Committee on the proposed amendment to Annex XX
(Environment) to the EEA Agreement shall be based on the
(5)
It is appropriate to incorporate into the EEA Agreement
draft Decision of the EEA Joint Committee attached to this
Commission Regulation (EU) No 1031/2010 of
Decision.
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 4 ) OJ L 302, 18.11.2010, p. 1.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 5 ) OJ L 308, 24.11.2011, p. 2.
( 3 ) OJ L 140, 5.6.2009, p. 63.
( 6 ) OJ L 275, 25.10.2003, p. 32.

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L 205/2
EN
Official Journal of the European Union
1.8.2012
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 24 July 2012.
For the Council
The President
A. D. MAVROYIANNIS

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EN
1.8.2012 Official
Journal
of
the
European
Union L
205/3
DRAFT
DECISION No …/2012 OF THE EEA JOINT COMMITTEE
of
amending Annex XX (Environment) to the EEA Agreement
THE EEA JOINT COMMITTEE,
European Parliament and of the Council, a list of sectors
and subsectors which are deemed to be exposed to a
significant risk of carbon leakage ( 6 ) is to be incorporated
Having regard to the Agreement on the European Economic
into the EEA Agreement.
Area, as amended by the Protocol adjusting the 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
be incorporated into the EEA Agreement.
(1) Annex
XX
to
the
EEA
Agreement
was
amended
by
Decision of the EEA Joint Committee No …/… of … ( 1 ).
(8) Commission
Decision
2010/670/EU
of
3
November
(2) Commission
Regulation
(EU)
No
1031/2010
of
2010 laying down criteria and measures for the
12 November 2010 on the timing, administration and
financing of commercial demonstration projects that
other aspects of auctioning of greenhouse gas emission
aim at the environmentally safe capture and geological
allowances pursuant to Directive 2003/87/EC of the
storage of CO
European Parliament and of the Council establishing a

2 as well as demonstration projects of
innovative renewable energy technologies under the
scheme for greenhouse gas emission allowances trading
scheme for greenhouse gas emission allowance trading
within the Community ( 2 ) is to be incorporated into the
within the Community established by Directive
EEA Agreement.
2003/87/EC of the European Parliament and of the
Council ( 8 ) is to be incorporated into the EEA Agreement.
(3) Commission
Regulation
(EU)
No
550/2011
of
7
June
2011 on determining, pursuant to Directive 2003/87/EC
of the European Parliament and of the Council, certain
restrictions applicable to the use of international credits
(9) Commission
Decision
2011/278/EU
of
27
April
2011
determining transitional Union-wide rules for
from projects involving industrial gases ( 3 ) is to be incor
harmonised free allocation of emission allowances
porated into the EEA Agreement.
pursuant to Article 10a of Directive 2003/87/EC of the
European Parliament and of the Council ( 9 ) is to be incor
porated into the EEA Agreement.
(4) Commission
Regulation
(EU)
No
1210/2011
of
23 November 2011 amending Regulation (EU) No
1031/2010 in particular to determine the volume of
greenhouse gas emission allowances to be auctioned
prior to 2013 (
(10) Commission
Decision
2011/540/EU
of
18
August
2011

4 ) is to be incorporated into the EEA
on amending Decision 2007/589/EC as regards the
Agreement.
inclusion of monitoring and reporting guidelines for
greenhouse gas emissions from new activities and
gases ( 10 ) is to be incorporated into the EEA Agreement.
(5) Directive
2009/29/EC
of
the
European
Parliament
and
of
the Council of 23 April 2009 amending Directive
2003/87/EC so as to improve and extend the greenhouse
gas emission allowance trading scheme of the Commu
nity (
(11) Commission
Decision
2011/745/EU
of
11
November

5 ) is to be incorporated into the EEA Agreement.
2011 amending Decisions 2010/2/EU and 2011/278/EU
as regards the sectors and subsectors which are deemed
to be exposed to a significant risk of carbon leakage ( 11 )
(6) Commission
Decision
2010/2/EU
of
24
December
2009
is to be incorporated into the EEA Agreement.
determining, pursuant to Directive 2003/87/EC of the
( 6 ) OJ L 1, 5.1.2010, p. 10.
( 1 ) OJ L …
( 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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L 205/4
EN
Official Journal of the European Union
1.8.2012
(12) This Joint Committee Decision does not affect the
set out in Article 1 point 2 of EEA Joint Committee
autonomy of the Contracting Parties with respect to
Decision No 146/2007
( 2 ) incorporating Directive
international negotiations on climate change, in
2003/87/EC into the EEA Agreement.
particular in the context of the United Nations
Framework Convention on Climate Change and the
Kyoto Protocol or any other international agreement
on climate change, other than in respect of aspects
relevant to the EU Emission Trading Scheme (EU ETS)
(19) The EFTA States will make use of the common auction
that are incorporated into the EEA Agreement. However,
platforms appointed pursuant to Article 26 of Regulation
the EFTA States shall take due account of the obligations
(EU) No 1031/2010 and appoint the auction monitor
they have undertaken in the EEA Agreement. Each EFTA
selected pursuant to Article 24 of that Regulation for
State is responsible for implementing policies and
monitoring the auctioning of their allowances. Due to
measures to comply with its international commitments
the fact that the EFTA States are not participating in
under the United Nations Framework Convention on
the joint action, they do not have to fulfil any specific
Climate Change, the Kyoto Protocol and any other inter
tasks in the procurement procedures for appointing the
national agreement related to climate change.
common auction platforms and auction monitor. Once
these are appointed, each EFTA State will use its best
endeavours to enter into a contract with them. The
Commission will, to the extent feasible, see to it that
(13) The participation of the EFTA States in the EU ETS is
the auction platforms enter into a contract with the
without prejudice to the EFTA States' participation in any
EFTA States subject, mutatis mutandis, to the same
flexible instruments for mitigating emissions.
conditions envisaged for participating EU Member
States in the contracts resulting from the joint
procurement procedures, provided that the EFTA States
aggregate the auctioning of their allowances with the
(14) The
extension
of
EU
ETS
to
installations
in
the
EFTA
allowances of the participating EU Member States. For
States implies an increase of the total quantity of
the auction monitor, the Commission will, to the
allowances in the EU ETS as a whole under Articles 9
extent feasible, see to it that the auction monitor enters
and 9a of Directive 2003/87/EC (
into a contract with the EFTA States subject, mutatis

1 ). The EFTA States
provide in Part A of the Appendix to that Directive the
mutandis, to the same conditions applicable to either
relevant figures in order to allow the Commission to
the participating EU Member States or the non-partici
determine the average annual EEA-wide total quantity
pating EU Member States depending on whether or not
of allowances.
the EFTA States choose to aggregate the auctioning of
their allowances with the allowances of the participating
EU Member States.
(15) The
Commission
shall
keep
the
EFTA
States
informed
regarding the negotiation and conclusion of agreements
with third countries as referred to in Article 11a of
(20) Budgetary
issues
are
not
part
of
the
EEA
Agreement.
Directive 2003/87/EC and the consequence this might
Financial contributions from the EFTA States to the EU
have on the use of Certified Emission Reductions (CERs).
Member States are negotiated through the EEA Financial
Mechanisms. The application of the provisions of
Directive 2003/87/EC concerning these issues and the
application of the criteria for distribution amongst
(16) When
an
agreement
pursuant
to
Articles
11a
or
25
of
certain EU Member States of certain percentages of the
Directive 2003/87/EC is concluded, the EFTA States and
total quantity of allowances to be auctioned pursuant to
their operators shall not be discriminated against as
points (b) and (c) of Article 10(2) and to Annexes IIa and
compared to EU Member States and their operators.
IIb of Directive 2003/87/EC is therefore without
prejudice to the scope of the EEA Agreement.
(17) The
Commission
shall
keep
the
EFTA
States
informed
regarding the implementation of Article 24a(1) of
Directive 2003/87/EC and the consequence this might
(21) The
EFTA
Surveillance
Authority
shall
coordinate
closely
have on the amount of allowances in the EU ETS.
with the Commission whenever it is called to undertake
tasks relating to the EFTA States for which the
Commission is responsible with respect to the EU
Member States pursuant to Directive 2003/87/EC, Regu
(18) The
EFTA States fully support that the amount of
lation (EC) No 2216/2004, Decision 2007/589/EC and
allowances allocated by auctioning is increasing in the
Decision 2006/780/EC. These tasks include inter alia the
EU ETS, with a view to reaching no free allocation in
assessment of the national implementation measures
2027. It has always been the aim of the EFTA States to
referred to in Article 11 of Directive 2003/87/EC and
increase the percentage of allowances that are allocated
any application for the unilateral inclusion of additional
against payment. The EFTA States recall adaptation (e) as
activities and gases under Article 24 of that Directive,
( 1 ) OJ L 275, 25.10.2003, p. 32.
( 2 ) OJ L 100, 10.4.2008, p. 92.

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EN
1.8.2012 Official
Journal
of
the
European
Union L
205/5
HAS ADOPTED THIS DECISION:
(e) The following subparagraph shall be added in Articles
3e(2) and 3f(4):
Article 1
Annex XX to the EEA Agreement shall be amended as follows:
"By the same date, the EFTA States shall submit appli
cations received to the EFTA Surveillance Authority,
(1) The following indent is added in point 21al (Directive
which shall promptly pass them onto the Commis
2003/87/EC of the European Parliament and of the
sion.".
Council):
"
(f) The following subparagraphs shall be added in
— 32009 L 0029: Directive 2009/29/EC of the European
Article 3e(3):
Parliament and of the Council of 23 April 2009 (OJ
L 140, 5.6.2009, p. 63).".
"The EEA Joint Committee shall, in accordance with the
(2) The adaptations in point 21al (Directive 2003/87/EC of the
procedures laid down in the Agreement and based on
European Parliament and of the Council) are replaced by the
figures provided by the EFTA Surveillance Authority in
following:
cooperation with Eurocontrol, decide on the EEA-wide
number for the total number of allowances, the
"The provisions of the Directive shall, for the purposes of
number of allowances to be auctioned, the number
this Agreement, be read with the following adaptations:
of allowances in the special reserve and the number
of free allowances, by adding the relevant numbers
(a) Without prejudice to future development by the EEA
concerning flights within and between the territories
Joint Committee, it should be noted that the following
of the EFTA States and flights between the EFTA
Community acts are not incorporated into this
States and third countries to the Commission decision
Agreement:
when incorporating the latter into the EEA Agreement.
(i) Council Decision 2002/358/EC of 25 April 2002
The Commission shall decide on the EEA-wide
concerning the approval, on behalf of the European
benchmark. During the decision-making process the
Community, of the Kyoto Protocol to the United
Commission shall cooperate closely with the EFTA
Nations Framework Convention on Climate Change
Surveillance Authority. The calculation and publication
and the joint fulfilment of commitments there
by the EFTA States under Article 3e(4) shall take place
under ( 1 ),
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):

2 ).
(b) At the time of incorporation of the Directive, Liech
"The Commission shall decide on the EEA-wide
tenstein does not have any aviation activities as defined
benchmark. During the decision-making process the
in the Directive operated on its territory. Liechtenstein
Commission shall cooperate closely with the EFTA
will comply with the Directive when relevant aviation
Surveillance Authority. The calculation and publication
activities take place on its territory.
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
procedures laid down in the Agreement and based on
(h) The following paragraphs shall be inserted in Article 9:
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.
(d) In Article 3d(4), the second subparagraph shall be
deleted.
The increase in the average annual total quantity of
allowances in the EU ETS due to the extension of the
( 1 ) OJ L 130, 15.5.2002, p. 1.
scheme to cover Iceland pursuant to paragraph 1 shall
( 2 ) OJ L 49, 19.2.2004, p. 1.
correspond to 23 934 tonnes of CO 2 equivalent.

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L 205/6
EN
Official Journal of the European Union
1.8.2012
In respect of the EFTA States, the figures to be taken
in the Community scheme from 2013 onwards.
into account for the calculation of the EEA-wide
Iceland's share shall thus be calculated on the basis of
quantity of allowances to be issued from 2013
935 841 tonnes of CO 2 equivalent.".
onwards pursuant to this Article are set out in Part A
of the Appendix.".
(m) Article 10(3) shall not apply to the EFTA States.
(i) The
following
sentence
shall
be
added
in
Article
9a(1):
(n) The following subparagraph shall be added after the
"For Norway, the average annual quantity of allowances
fifth subparagraph of Article 11a(8):
issued in respect of the installations mentioned in this
paragraph is 878 850.".
"In respect of the EFTA States, the figures to be taken
into account for the calculation of the EEA-wide
(j) The following subparagraph shall be added in
reductions pursuant to the fifth subparagraph are set
Article 9a(2):
out in Part B of the Appendix.".
"With regard to installations in the EFTA States
(o) The second sentence in Article 16(3) shall be replaced
carrying out activities listed in Annex I which are
by the following:
only included in the Community scheme from 2013
onwards, the average annual emissions of the reported
period for the adjustment shall be:
"The EFTA States shall provide for excess emissions
penalties that are equivalent to those in the EU
Iceland: 1 862 571 tonnes of CO
Member States.".

2 equivalent.
Liechtenstein: 0 tonnes of CO 2 equivalent.
(p) The following paragraph shall be inserted after
Article 16(12):
Norway: 5 269 254 tonnes of CO 2 equivalent.".
"13. The EFTA States shall submit any requests
(k) The following paragraphs shall be added after
pursuant to Article 16(5) and (10) to the EFTA
Article 9a(4):
Surveillance Authority, which shall promptly pass
them on to the Commission.".
"5. In
respect
of
the
EFTA
States,
the
figures
to
be
taken into account for the adjustment of the EEA-wide
(q) The following subparagraph shall be added in
quantity of allowances to be issued from 2013
Article 18a(1):
onwards pursuant to this Article are set out in Part A
of the Appendix.
"Reallocation of aircraft operators to the EFTA States
6. The
Commission
shall
calculate
and
adjust
the
should take place during year 2011, after fulfilment by
annual EEA-wide quantity of allowances to be issued
the operator of its 2010 obligations. A different
from 2013 onwards in accordance with Article 9 and
timeline for reallocation of aircraft operators initially
this Article in order to include the EFTA States' figures
assigned to a Member State on the basis of the
as set out in Part A of the Appendix. The Commission
criteria mentioned under point (b) of this paragraph,
shall publish the adjusted EEA-wide quantities of
can be agreed by the initial administering Member
allowances for 2013 and onwards.".
State, further to an explicit request introduced by the
operator within 6 months from the adoption by the
Commission of the EEA-wide list of operators provided
(l) The following paragraph shall be added in
for in point (b) of Article 18a(3). In this case, reallo
Article 10(2):
cation shall take place no later than in 2020 with
regard to the trading period beginning in 2021.".
"For the purposes of point (a), in respect of Liech
tenstein and Norway, their shares shall be calculated
on the basis of the following emissions:
(r) In
point
(b)
of
Article
18a(3),
the
words "for the whole
EEA" shall be inserted after the words "aircraft oper
ators".
Liechtenstein: 20 943 tonnes of CO 2 equivalent.
Norway: 18 635 669 tonnes of CO
(s) The following subparagraph shall be added in
2 equivalent.
Article 18b:
In respect of Iceland, the share referred to in point (a)
"For the purposes of carrying out their tasks under the
shall be calculated on the basis of 36 196 tonnes of
Directive, the EFTA States and the EFTA Surveillance
CO 2 equivalent adjusted by 899 645 tonnes of CO 2
Authority may request the assistance of Eurocontrol or
equivalent, representing the share of verified
another relevant organisation and may conclude to that
emissions for 2005 from installations carrying out
effect any appropriate agreements with those organi
activities listed in Annex I, which are only included
sations.".

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EN
1.8.2012 Official
Journal
of
the
European
Union L
205/7
(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

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L 205/8
EN
Official Journal of the European Union
1.8.2012
Year Amount
of
allowances
2016 16
070
2017 15
758
2018 15
445
2019 15
133
2020 14
821
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

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EN
1.8.2012 Official
Journal
of
the
European
Union L
205/9
Year Amount
of
allowances
2016 1
635
710
2017 1
603
301
2018 1
570
892
2019 1
538
484
2020 1
506
075
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
Emissions in 2005 from new sectors included
(in tonnes of CO
as of 2013

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

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L 205/10
EN
Official Journal of the European Union
1.8.2012
(2), (3), (4) and (5), the term 'Member State(s)'
Directive 2003/87/EC of the European Parliament
shall be understood to include the EFTA States.".
and of the Council, a list of sectors and subsectors
which are deemed to be exposed to a significant risk
of carbon leakage (OJ L 1, 5.1.2010, p. 10), as
(c) The following subparagraph shall be added in
amended by:
Article 26(1) and (2):
"The EFTA States shall contract the auction
— 32011 D 0745: Commission Decision
platform appointed jointly by the Commission
2011/745/EU of 11 November 2011 (OJ L 299,
and the participating EU Member States for the
17.11.2011, p. 9).
auctioning of their shares of the allowances to
be auctioned where the EFTA States choose to
21alc. 32011 D 0278: Commission Decision
aggregate the auctioning of their allowances
2011/278/EU of 27 April 2011 determining transi
with the allowances of the EU Member States
tional Union-wide rules for harmonised free allo
participating in the joint action.".
cation of emission allowances pursuant to
Article 10a of Directive 2003/87/EC of the
(d) The following sentence shall be added in
European Parliament and of the Council (OJ
Article 27(1) and Article 28(1):
L 130, 17.5.2011, p. 1), as amended by:
"Without prejudice to the arrangements in the
— 32011 D 0745: Commission Decision
contract to be concluded between the EFTA
2011/745/EU of 11 November 2011 (OJ L 299,
States and the auction platform, the auction
17.11.2011, p. 9).
platform appointed following the joint
procurement procedure between the
Commission and the Member States partici
21ald. 32010 D 0670: Commission Decision
pating in the joint action may provide the
2010/670/EU of 3 November 2010 laying down
above-mentioned services also to the EFTA
criteria and measures for the financing of
States.".
commercial demonstration projects that aim at the
environmentally safe capture and geological storage
of CO 2 as well as demonstration projects of inno
(e) Articles 30 to 32 shall not apply to the EFTA
vative renewable energy technologies under the
States, provided that they have contracted the
scheme for greenhouse gas emission allowance
auction platforms appointed according to
trading within the Community established by
Article 26 in accordance with adaptation (c)
Directive 2003/87/EC of the European Parliament
above.
and of the Council (OJ L 290, 6.11.2010. p. 39).
(f) The following subparagraphs shall be added in
21ale. 32011 R 0550: Commission Regulation (EU) No
Article 52(3):
550/2011 of 7 June 2011 on determining,
pursuant to Directive 2003/87/EC of the European
"The share of the costs of the auction monitor
Parliament and of the Council, certain restrictions
relating to an auction platform appointed
applicable to the use of international credits from
pursuant to Article 26(1) or (2) and contracted
projects involving industrial gases (OJ L 149,
by the EFTA States shall be distributed between
8.6.2011, p. 1).".
the Member States participating in the joint
action and the EFTA States in accordance with
(4) The following indents are added in point 21am (Com
their shares of the total volume of allowances
mission Decision 2007/589/EC):
auctioned on the auction platform concerned
provided that the EFTA States aggregate the
auctioning of their allowances with the
‘— 32010 D 0345: Commission Decision 2010/345/EU of
allowances of the EU Member States partici
8 June 2010 (OJ L 155, 22.6.2010, p. 34),
pating in the joint action.
— 32011 D 0540: Commission Decision 2011/540/EU of
The share of the costs of the auction monitor
18 August 2011 (OJ L 244, 21.9.2011, p. 1).’.
relating to an auction platform appointed
pursuant to Article 30(1) or (2) and contracted
by an EFTA State, including the cost of any
Article 2
report requested pursuant to Article 25(4),
shall be borne by the EFTA State concerned in
The texts of Regulations (EU) No 1031/2010, (EU) No
the same way as for EU Member States not
550/2011 and (EU) No 1210/2011, Directive 2009/29/EC
participating in the joint action.".
and Decisions 2010/2/EU, 2010/345/EU, 2010/670/EU,
2011/278/EU, 2011/540/EU and 2011/745/EU in the
Icelandic and Norwegian languages, to be published in the
21alb. 32010 D 0002: Commission Decision 2010/2/EU
EEA Supplement to the Official Journal of the European Union,
of 24 December 2009 determining, pursuant to
shall be authentic.

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EN
1.8.2012 Official
Journal
of
the
European
Union L
205/11
Article 3
This Decision shall enter into force on … or the day following the last notification to the EEA Joint
Committee under Article 103(1) of the EEA Agreement, whichever is the latest (*).
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 …, …
For the EEA Joint Committee
The Secretaries
The President
to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional requirements indicated.]

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Document Outline

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