# EUR-Lex - 52012PC0645 - EN

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# 52012PC0645

**Proposal for a COUNCIL DECISION 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 Annex XXI (Statistics) to the EEA Agreement /* COM/2012/0645 final - 2012/0307 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant European Union legislation into the EEA Agreement as
soon as possible after its adoption.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex IV
(Energy) and Annex XXI (Statistics) by adding new European Union acquis in this
field.

This concerns Directive 2008/92/EC of the
European Parliament and of the Council of 22 October 2008 concerning a
Community procedure to improve the transparency of gas and electricity prices
charged to industrial end-users (recast). Directive 2008/92/EC repeals Council
Directive 90/377/EEC, which is incorporated into the EEA Agreement and which is
consequently to be repealed under the EEA Agreement.

For the purpose of the implementation of
this act, an adaptation is proposed in relation to Liechtenstein. Liechtenstein
wishes to be exempted from the obligations foreseen in this Directive, except
for the obligation to provide the industrial price data for consumer band IC
for electricity and for consumer band I3 for gas.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2012/0307 (NLE)

Proposal for a

COUNCIL DECISION

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 Annex XXI (Statistics) to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 338 (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 Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
The Agreement on the European Economic Area[2] (“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, inter alia, Annex IV and Annex XXI
thereto.

(3)
Annex IV and Annex XXI to the EEA Agreement
contain specific provisions and arrangements concerning respectively energy and
statistics.

(4)
Directive 2008/92/EC of the European Parliament
and of the Council of 22 October 2008 concerning a Community procedure to
improve the transparency of gas and electricity prices charged to industrial
end-users (recast)[3]
is to be incorporated into the EEA Agreement.

(5)
Directive 2008/92/EC repeals Council Directive
90/377/EEC, which is incorporated into the EEA Agreement and which is
consequently to be repealed under the EEA Agreement.

(6)
Liechtenstein is to be exempted from the
obligations foreseen in Directive 2008/92/EC, except for the obligation to
provide the industrial price data for consumer band IC for electricity and for
consumer band I3 for gas

(7)       Annex IV and Annex XXI to
the EEA Agreement should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the EEA Joint Committee on the proposed amendment to Annex IV (Energy)
and Annex XXI (Statistics) to the EEA Agreement shall be based on the
draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

Annex

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,

Whereas:

(1)
Directive 2008/92/EC of the European Parliament
and of the Council of 22 October 2008 concerning a Community procedure to
improve the transparency of gas and electricity prices charged to industrial
end-users (recast)[4]
is to be incorporated into the EEA Agreement.

(2)
Directive 2008/92/EC repeals Council Directive
90/377/EEC, which is incorporated into the EEA Agreement and which is
consequently to be repealed under the EEA Agreement.

(3)
Annexes IV and XXI to the EEA Agreement should
therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 7 (Council Directive
90/377/EEC) of Annex IV to the EEA Agreement shall be replaced by the
following:

‘32008 L 0092: Directive 2008/92/EC of
the European Parliament and of the Council of 22 October 2008 concerning a
Community procedure to improve the transparency of gas and electricity prices
charged to industrial end-users (recast) (OJ L 298, 7.11.2008, p. 9)(1).

(1)       Listed here for information purposes only:
for application see Annex XXI on statistics.’

Article 2

The text of point 26 (Council Directive
90/377/EEC) of Annex XXI to the EEA Agreement shall be replaced by the
following:

‘32008 L 0092: Directive 2008/92/EC
of the European Parliament and of the Council of 22 October 2008 concerning a
Community procedure to improve the transparency of gas and electricity prices
charged to industrial end-users (recast) (OJ L 298, 7.11.2008, p. 9).

The provisions of the Directive shall, for
the purposes of this Agreement, be read with the following adaptation:

Liechtenstein shall be exempted from the
obligations foreseen in this Directive, except for the obligation to provide
the industrial price data for consumer band IC for electricity and for consumer
band I3 for gas. This data (3 price levels: without taxes, without VAT and with
VAT and other taxes included) shall be provided on a half yearly basis within 2
months after the reference period by using the appropriate questionnaires
provided by Eurostat.’

Article 3

The texts of Directive 2008/92/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.

Article 4

This Decision shall enter into force on [...],
provided that all the notifications under Article 103(1) of the EEA Agreement
have been made to the EEA Joint Committee*.

Article 5

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 Brussels, .

For
the EEA Joint Committee

The
President
           
           
           
            The Secretaries
            to the EEA Joint Committee

[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 298, 7.11.2008, p. 9.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]