HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
11.1.2013 Official
Journal
of
the
European
Union
L
7/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 18 December 2012
on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee
concerning an amendment to Annex IV (Energy) and to Annex XXI (Statistics) to the EEA
Agreement
(2013/11/EU)
THE COUNCIL OF THE EUROPEAN UNION,
incorporated into the EEA Agreement. Directive
90/377/EEC is consequently to be repealed under the
Having regard to the Treaty on the Functioning of the European
EEA Agreement.
Union, and in particular Article 338(1), in conjunction with
Article 218(9) thereof,
(6)
Liechtenstein is to be exempted from the obligations
foreseen in Directive 2008/92/EC, except for the
Having regard to Council Regulation (EC) No 2894/94 of
obligation to provide the industrial price data for
28 November 1994 concerning arrangements for implementing
industrial end-user band IC for electricity and for
the Agreement on the European Economic Area ( 1 ), and in
industrial end-user band I3 for gas.
particular Article 1(3) thereof,
(7) Annexes
IV
and
XXI
to
the
EEA
Agreement
should
Having regard to the proposal from the European Commission,
therefore be amended accordingly.
(8) The
position
of
the
Union
in
the
EEA
Joint
Committee
Whereas:
should be based on the attached draft Decision,
(1) The
Agreement
on
the
European
Economic
Area
( 2 ) (‘the
HAS ADOPTED THIS DECISION:
EEA Agreement’) entered into force on 1 January 1994.
Article 1
(2)
Pursuant to Article 98 of the EEA Agreement, the EEA
Joint Committee may decide to amend, inter alia,
The position to be adopted, on behalf of the European Union,
Annexes IV and XXI thereto.
in the EEA Joint Committee on the proposed amendments to

Annex IV (Energy) and Annex XXI (Statistics) to the EEA
(3) Annexes
IV
and
XXI
to
the
EEA
Agreement
contain Agreement shall be based on the draft Decision of the EEA
specific provisions and arrangements concerning energy
Joint Committee attached to this Decision.
and statistics, respectively.
Article 2
(4) Directive
2008/92/EC
of
the
European
Parliament
and
of This Decision shall enter into force on the day of its adoption.
the Council of 22 October 2008 concerning a
Community procedure to improve the transparency of
gas and electricity prices charged to industrial end-
Done at Brussels, 18 December 2012.
users ( 3 ) is to be incorporated into the EEA Agreement.
(5) Directive 2008/92/EC repeals Council Directive
For the Council
90/377/EEC of 29 June 1990 concerning a Community
procedure to improve the transparency of gas and elec
The President
tricity prices charged to industrial end-users ( 4 ) which is
S. ALETRARIS
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 298, 7.11.2008, p. 9.
( 4 ) OJ L 185, 17.7.1990, p. 16.

---

L 7/2
EN
Official Journal of the European Union
11.1.2013
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …/…
of
amending Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement
THE EEA JOINT COMMITTEE,
‘32008 L 0092: Directive 2008/92/EC of the European
Parliament and of the Council of 22 October 2008
Having regard to the Agreement on the European Economic
concerning a Community procedure to improve the trans
Area (‘the EEA Agreement’), and in particular Article 98 thereof,
parency of gas and electricity prices charged to industrial
Whereas:
end-users (recast) (OJ L 298, 7.11.2008, p. 9).
(1) Directive
2008/92/EC
of
the
European
Parliament
and
of
The provisions of the Directive shall, for the purposes of this
the Council of 22 October 2008 concerning a
Agreement, be read with the following adaptation:
Community procedure to improve the transparency of
Liechtenstein shall be exempted from the obligations foreseen
gas and electricity prices charged to industrial end-users
in this Directive, except for the obligation to provide the
(recast) ( 1 ) is to be incorporated into the EEA Agreement.
industrial price data for industrial end-user band IC for elec
(2) Directive 2008/92/EC repeals Council Directive
tricity and for industrial end-user band I3 for gas. This data
90/377/EEC of 29 June 1990 concerning a Community
(3 price levels: prices excluding taxes and levies; prices
procedure to improve the transparency of gas and elec
excluding VAT and other recoverable taxes; prices including
tricity prices charged to industrial end-users (
all taxes, levies and VAT) shall be provided on a half yearly

2 ) which is
incorporated into the EEA Agreement. Directive
basis within 2 months after the reference period by using the
90/377/EEC is consequently to be repealed under the
appropriate questionnaires provided by Eurostat.’.
EEA Agreement.
Article 3
(3) Annexes
IV
and
XXI
to
the
EEA
Agreement
should The texts of Directive 2008/92/EC in the Icelandic and
therefore be amended accordingly,
Norwegian languages, to be published in the EEA Supplement
HAS ADOPTED THIS DECISION:
to the Official Journal of the European Union, shall be authentic.
Article 1
Article 4
The text of point 7 (Council Directive 90/377/EEC) of Annex IV
This Decision shall enter into force on …, provided that all the
to the EEA Agreement is replaced by the following:
notifications under Article 103(1) of the EEA Agreement have
been made (*).
‘32008 L 0092: Directive 2008/92/EC of the European
Parliament and of the Council of 22 October 2008
Article 5
concerning a Community procedure to improve the trans
This Decision shall be published in the EEA Section of, and in
parency of gas and electricity prices charged to industrial
the EEA Supplement to, the Official Journal of the European
end-users (recast) (OJ L 298, 7.11.2008, p. 9) ( 1 ).
Union.
___________
( 1 ) Listed here for information purposes only: for application
see Annex XXI on statistics.’.
Done at Brussels,
Article 2
The text of point 26 (Council Directive 90/377/EEC) of Annex
For the EEA Joint Committee
The Secretaries
XXI to the EEA Agreement is replaced by the following:
The President
to the EEA Joint Committee
( 1 ) OJ L 298, 7.11.2008, p. 9.
(*) [No constitutional requirements indicated.] [Constitutional
( 2 ) OJ L 185, 17.7.1990, p. 16.
requirements indicated.]

---

Document Outline

• �

---