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,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area1, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)
The Agreement on the European Economic Area2 (‘the EEA Agreement’) entered into force on 1 January 1994.
(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, among others, Annex XX to the EEA Agreement.

(3)

Annex XX to the EEA Agreement contains provisions and arrangements concerning the environment.

(4)
It is appropriate to incorporate into the EEA Agreement 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 Community3.
(5)
It is appropriate to incorporate into the EEA Agreement Commission Regulation (EU) No 1031/2010 of 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 European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community4, as amended by Commission Regulation (EU) 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 20135. It is also appropriate to incorporate into the EEA Agreement other Commission acts adopted pursuant to Directive 2003/87/EC6.
(6)

Certain adaptations should be provided for in relation to 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 scheme of the European Union to the EEA EFTA States.

(7)

Annex XX to the EEA Agreement should therefore be amended accordingly.

(8)

The position of the European Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION: