# Official Journal L 205/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.205.eng |
| --- | --- |
| Official Journal
  of the European Union | L 205 |
| | |
| English edition | Legislation | Volume 551 August 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.205.eng

Official Journal

of the European Union

L 205

English edition

Legislation

Volume 551 August 2012

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2012/451/EU |
| | * | 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 | 1 |
| | | REGULATIONS |
| | | Commission Implementing Regulation (EU) No 703/2012 of 31 July 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables | 12 |
| | | Commission Implementing Regulation (EU) No 704/2012 of 31 July 2012 fixing the import duties in the cereals sector applicable from 1 August 2012 | 14 |
| | | DECISIONS |
| | | 2012/452/EU |
| | * | Commission Implementing Decision of 31 July 2012 on recognition of the NTA 8080 scheme for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council | 17 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2012/451/EU

*

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

1

REGULATIONS

Commission Implementing Regulation (EU) No 703/2012 of 31 July 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

12

Commission Implementing Regulation (EU) No 704/2012 of 31 July 2012 fixing the import duties in the cereals sector applicable from 1 August 2012

14

DECISIONS

2012/452/EU

*

Commission Implementing Decision of 31 July 2012 on recognition of the NTA 8080 scheme for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council

17

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Decision 2012/308/CFSP of 26 April 2012 on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia ( OJ L 154, 15.6.2012 ) | 19 |
| | * | Corrigendum to Commission Implementing Decision 2011/762/EU of 24 November 2011 authorising the placing on the market of yeast beta-glucans as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council ( OJ L 313, 26.11.2011 ) | 20 |

Corrigenda

*

Corrigendum to Council Decision 2012/308/CFSP of 26 April 2012 on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia ( OJ L 154, 15.6.2012 )

( OJ L 154, 15.6.2012 )

19

*

Corrigendum to Commission Implementing Decision 2011/762/EU of 24 November 2011 authorising the placing on the market of yeast beta-glucans as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council ( OJ L 313, 26.11.2011 )

( OJ L 313, 26.11.2011 )

20

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 1.8.2012 | EN | Official Journal of the European Union | L 205/1 |
| --- | --- | --- | --- |

1.8.2012

EN

Official Journal of the European Union

L 205/1

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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 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. |
| --- | --- |

(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, among others, Annex XX to the EEA Agreement. |
| --- | --- |

(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. |
| --- | --- |

(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 Community (3). |
| --- | --- |

(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 Community (3).

| (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 Community (4), 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 2013 (5). It is also appropriate to incorporate into the EEA Agreement other Commission acts adopted pursuant to Directive 2003/87/EC (6). |
| --- | --- |

(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 Community (4), 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 2013 (5). It is also appropriate to incorporate into the EEA Agreement other Commission acts adopted pursuant to Directive 2003/87/EC (6).

| (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. |
| --- | --- |

(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. |
| --- | --- |

(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, |
| --- | --- |

(8)

The position of the European 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 XX (Environment) 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, 24 July 2012.

For the Council

The President

A. D. MAVROYIANNIS

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(1)  
  OJ L 305, 30.11.1994, p. 6.

1

(2)  
  OJ L 1, 3.1.1994, p. 3.

2

(3)  
  OJ L 140, 5.6.2009, p. 63.

3

(4)  
  OJ L 302, 18.11.2010, p. 1.

4

(5)  
  OJ L 308, 24.11.2011, p. 2.

5

(6)  
  OJ L 275, 25.10.2003, p. 32.

6

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DRAFT

DECISION No .../2012 OF THE EEA JOINT COMMITTEE

of

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, (‧the EEA Agreement‧), and in particular Article 98 thereof,

Whereas:

| (1) | Annex XX to the EEA Agreement was amended by Decision of the EEA Joint Committee No .../... of ... (1). |
| --- | --- |

(1)

Annex XX to the EEA Agreement was amended by Decision of the EEA Joint Committee No .../... of ... (1).

| (2) | 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 Community (2) is to be incorporated into the EEA Agreement. |
| --- | --- |

(2)

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 Community (2) 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 from projects involving industrial gases (3) 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 from projects involving industrial gases (3) is to be incorporated 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 (4) is to be incorporated 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 (4) 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 Community (5) 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 Community (5) is to be incorporated into the EEA Agreement.

| (6) | Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the 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 into the EEA Agreement. |
| --- | --- |

(6)

Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the 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 into the EEA Agreement.

| (7) | Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide (7) (CO2) is to be incorporated into the EEA Agreement. |
| --- | --- |

(7)

Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide (7) (CO2) is to be incorporated into the EEA Agreement.

| (8) | Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement. |
| --- | --- |

(8)

Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement.

| (9) | Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement. |
| --- | --- |

(9)

Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement.

| (10) | Commission Decision 2011/540/EU of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (10) is to be incorporated into the EEA Agreement. |
| --- | --- |

(10)

Commission Decision 2011/540/EU of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (10) is to be incorporated into the EEA Agreement.

| (11) | Commission Decision 2011/745/EU of 11 November 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) is to be incorporated into the EEA Agreement. |
| --- | --- |

(11)

Commission Decision 2011/745/EU of 11 November 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) is to be incorporated into the EEA Agreement.

| (12) | This Joint Committee Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in 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) that are incorporated into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and any other international agreement related to climate change. |
| --- | --- |

(12)

This Joint Committee Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in 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) that are incorporated into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and any other international agreement related to climate change.

| (13) | The participation of the EFTA States in the EU ETS is without prejudice to the EFTA States' participation in any flexible instruments for mitigating emissions. |
| --- | --- |

(13)

The participation of the EFTA States in the EU ETS is without prejudice to the EFTA States' participation in any flexible instruments for mitigating emissions.

| (14) | The extension of EU ETS to installations in the EFTA States implies an increase of the total quantity of allowances in the EU ETS as a whole under Articles 9 and 9a of Directive 2003/87/EC (12). The EFTA States provide in Part A of the Appendix to that Directive the relevant figures in order to allow the Commission to determine the average annual EEA-wide total quantity of allowances. |
| --- | --- |

(14)

The extension of EU ETS to installations in the EFTA States implies an increase of the total quantity of allowances in the EU ETS as a whole under Articles 9 and 9a of Directive 2003/87/EC (12). The EFTA States provide in Part A of the Appendix to that Directive the relevant figures in order to allow the Commission to determine the average annual EEA-wide total quantity of allowances.

| (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 Directive 2003/87/EC and the consequence this might have on the use of Certified Emission Reductions (CERs). |
| --- | --- |

(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 Directive 2003/87/EC and the consequence this might have on the use of Certified Emission Reductions (CERs).

| (16) | When an agreement pursuant to Articles 11a or 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated against as compared to EU Member States and their operators. |
| --- | --- |

(16)

When an agreement pursuant to Articles 11a or 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated against as compared to EU Member States and their operators.

| (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 have on the amount of allowances in the EU ETS. |
| --- | --- |

(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 have on the amount of allowances in the EU ETS.

| (18) | The EFTA States fully support that the amount of allowances allocated by auctioning is increasing in the EU ETS, with a view to reaching no free allocation in 2027. It has always been the aim of the EFTA States to increase the percentage of allowances that are allocated against payment. The EFTA States recall adaptation (e) as set out in Article 1 point 2 of EEA Joint Committee Decision No 146/2007 (13) incorporating Directive 2003/87/EC into the EEA Agreement. |
| --- | --- |

(18)

The EFTA States fully support that the amount of allowances allocated by auctioning is increasing in the EU ETS, with a view to reaching no free allocation in 2027. It has always been the aim of the EFTA States to increase the percentage of allowances that are allocated against payment. The EFTA States recall adaptation (e) as set out in Article 1 point 2 of EEA Joint Committee Decision No 146/2007 (13) incorporating Directive 2003/87/EC into the EEA Agreement.

| (19) | The EFTA States will make use of the common auction platforms appointed pursuant to Article 26 of Regulation (EU) No 1031/2010 and appoint the auction monitor selected pursuant to Article 24 of that Regulation for monitoring the auctioning of their allowances. Due to the fact that the EFTA States are not participating in the joint action, they do not have to fulfil any specific tasks in the procurement procedures for appointing the 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 the auction platforms enter into a contract with the EFTA States subject, mutatis mutandis, to the same 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 allowances of the participating EU Member States. For the auction monitor, the Commission will, to the extent feasible, see to it that the auction monitor enters into a contract with the EFTA States subject, mutatis mutandis, to the same conditions applicable to either the participating EU Member States or the non-participating EU Member States depending on whether or not the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the participating EU Member States. |
| --- | --- |

(19)

The EFTA States will make use of the common auction platforms appointed pursuant to Article 26 of Regulation (EU) No 1031/2010 and appoint the auction monitor selected pursuant to Article 24 of that Regulation for monitoring the auctioning of their allowances. Due to the fact that the EFTA States are not participating in the joint action, they do not have to fulfil any specific tasks in the procurement procedures for appointing the 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 the auction platforms enter into a contract with the EFTA States subject, mutatis mutandis, to the same 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 allowances of the participating EU Member States. For the auction monitor, the Commission will, to the extent feasible, see to it that the auction monitor enters into a contract with the EFTA States subject, mutatis mutandis, to the same conditions applicable to either the participating EU Member States or the non-participating EU Member States depending on whether or not the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the participating EU Member States.

| (20) | Budgetary issues are not part of the EEA Agreement. Financial contributions from the EFTA States to the EU 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 certain EU Member States of certain percentages of the total quantity of allowances to be auctioned pursuant to points (b) and (c) of Article 10(2) and to Annexes IIa and IIb of Directive 2003/87/EC is therefore without prejudice to the scope of the EEA Agreement. |
| --- | --- |

(20)

Budgetary issues are not part of the EEA Agreement. Financial contributions from the EFTA States to the EU 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 certain EU Member States of certain percentages of the total quantity of allowances to be auctioned pursuant to points (b) and (c) of Article 10(2) and to Annexes IIa and IIb of Directive 2003/87/EC is therefore without prejudice to the scope of the EEA Agreement.

| (21) | The EFTA Surveillance Authority shall coordinate closely 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, Regulation (EC) No 2216/2004, Decision 2007/589/EC and Decision 2006/780/EC. These tasks include inter alia the assessment of the national implementation measures referred to in Article 11 of Directive 2003/87/EC and any application for the unilateral inclusion of additional activities and gases under Article 24 of that Directive, |
| --- | --- |

(21)

The EFTA Surveillance Authority shall coordinate closely 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, Regulation (EC) No 2216/2004, Decision 2007/589/EC and Decision 2006/780/EC. These tasks include inter alia the assessment of the national implementation measures referred to in Article 11 of Directive 2003/87/EC and any application for the unilateral inclusion of additional activities and gases under Article 24 of that Directive,

HAS ADOPTED THIS DECISION:

Article 1

Annex XX to the EEA Agreement shall be amended as follows:

| (1) | The following indent is added in point 21al (Directive 2003/87/EC of the European Parliament and of the Council):






  "— | 32009 L 0029: Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 (OJ L 140, 5.6.2009, p. 63).". |
| --- | --- | --- |

(1)

The following indent is added in point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

"—

32009 L 0029: Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 (OJ L 140, 5.6.2009, p. 63).".

| (2) | The adaptations in point 21al (Directive 2003/87/EC of the European Parliament and of the Council) are replaced by the following:

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






  (a) | Without prejudice to future development by the EEA Joint Committee, it should be noted that the following Community acts are not incorporated into this Agreement:






  (i) | Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (14), |
| --- | --- | --- | --- |

(2)

The adaptations in point 21al (Directive 2003/87/EC of the European Parliament and of the Council) are replaced by the following:

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

(a)

Without prejudice to future development by the EEA Joint Committee, it should be noted that the following Community acts are not incorporated into this Agreement:

(i)

Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (14),

| (ii) | Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (15). |
| --- | --- |

(ii)

Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (15).

| (b) | At the time of incorporation of the Directive, Liechtenstein does not have any aviation activities as defined in the Directive operated on its territory. Liechtenstein will comply with the Directive when relevant aviation activities take place on its territory. |
| --- | --- |

(b)

At the time of incorporation of the Directive, Liechtenstein does not have any aviation activities as defined in the Directive operated on its territory. Liechtenstein will comply with the Directive when relevant aviation activities take place on its territory.

| (c) | The following subparagraph shall be added in Article 3c(4):
  "The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide historical aviation emissions by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.". |
| --- | --- |

(c)

The following subparagraph shall be added in Article 3c(4):

"The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide historical aviation emissions by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.".

| (d) | In Article 3d(4), the second subparagraph shall be deleted. |
| --- | --- |

(d)

In Article 3d(4), the second subparagraph shall be deleted.

| (e) | The following subparagraph shall be added in Articles 3e(2) and 3f(4):
  "By the same date, the EFTA States shall submit applications received to the EFTA Surveillance Authority, which shall promptly pass them onto the Commission.". |
| --- | --- |

(e)

The following subparagraph shall be added in Articles 3e(2) and 3f(4):

"By the same date, the EFTA States shall submit applications received to the EFTA Surveillance Authority, which shall promptly pass them onto the Commission.".

| (f) | The following subparagraphs shall be added in Article 3e(3):
  "The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide number for the total number of allowances, the number of allowances to be auctioned, the number of allowances in the special reserve and the number of free allowances, by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.
  The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3e(4) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.". |
| --- | --- |

(f)

The following subparagraphs shall be added in Article 3e(3):

"The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide number for the total number of allowances, the number of allowances to be auctioned, the number of allowances in the special reserve and the number of free allowances, by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.

The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3e(4) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.".

| (g) | The following subparagraph shall be added in Article 3f(5):
  "The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3f(7) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.". |
| --- | --- |

(g)

The following subparagraph shall be added in Article 3f(5):

"The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3f(7) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.".

| (h) | The following paragraphs shall be inserted in Article 9:
  "The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Liechtenstein and Norway pursuant to paragraph 1 shall be in accordance with the EFTA Surveillance Authority's decisions concerning their national allocation plans for the period from 2008 to 2012.
  The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Iceland pursuant to paragraph 1 shall correspond to 23 934 tonnes of CO2 equivalent.
  In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.". |
| --- | --- |

(h)

The following paragraphs shall be inserted in Article 9:

"The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Liechtenstein and Norway pursuant to paragraph 1 shall be in accordance with the EFTA Surveillance Authority's decisions concerning their national allocation plans for the period from 2008 to 2012.

The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Iceland pursuant to paragraph 1 shall correspond to 23 934 tonnes of CO2 equivalent.

In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.".

| (i) | The following sentence shall be added in Article 9a(1):

  "For Norway, the average annual quantity of allowances issued in respect of the installations mentioned in this paragraph is 878 850.". |
| --- | --- |

(i)

The following sentence shall be added in Article 9a(1):

"For Norway, the average annual quantity of allowances issued in respect of the installations mentioned in this paragraph is 878 850.".

| (j) | The following subparagraph shall be added in Article 9a(2):

  "With regard to installations in the EFTA States carrying out activities listed in Annex I which are only included in the Community scheme from 2013 onwards, the average annual emissions of the reported period for the adjustment shall be:

  Iceland: 1 862 571 tonnes of CO2 equivalent.

  Liechtenstein: 0 tonnes of CO2 equivalent.

  Norway: 5 269 254 tonnes of CO2 equivalent.". |
| --- | --- |

(j)

The following subparagraph shall be added in Article 9a(2):

"With regard to installations in the EFTA States carrying out activities listed in Annex I which are only included in the Community scheme from 2013 onwards, the average annual emissions of the reported period for the adjustment shall be:

Iceland: 1 862 571 tonnes of CO2 equivalent.

Liechtenstein: 0 tonnes of CO2 equivalent.

Norway: 5 269 254 tonnes of CO2 equivalent.".

| (k) | The following paragraphs shall be added after Article 9a(4):

  "5.   In respect of the EFTA States, the figures to be taken into account for the adjustment of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.


  6.   The Commission shall calculate and adjust the annual EEA-wide quantity of allowances to be issued from 2013 onwards in accordance with Article 9 and this Article in order to include the EFTA States' figures as set out in Part A of the Appendix. The Commission shall publish the adjusted EEA-wide quantities of allowances for 2013 and onwards.". |
| --- | --- |

(k)

The following paragraphs shall be added after Article 9a(4):

"5.   In respect of the EFTA States, the figures to be taken into account for the adjustment of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.

6.   The Commission shall calculate and adjust the annual EEA-wide quantity of allowances to be issued from 2013 onwards in accordance with Article 9 and this Article in order to include the EFTA States' figures as set out in Part A of the Appendix. The Commission shall publish the adjusted EEA-wide quantities of allowances for 2013 and onwards.".

| (l) | The following paragraph shall be added in Article 10(2):

  "For the purposes of point (a), in respect of Liechtenstein and Norway, their shares shall be calculated on the basis of the following emissions:

  Liechtenstein: 20 943 tonnes of CO2 equivalent.

  Norway: 18 635 669 tonnes of CO2 equivalent.
  In respect of Iceland, the share referred to in point (a) shall be calculated on the basis of 36 196 tonnes of CO2 equivalent adjusted by 899 645 tonnes of CO2 equivalent, representing the share of verified emissions for 2005 from installations carrying out activities listed in Annex I, which are only included in the Community scheme from 2013 onwards. Iceland's share shall thus be calculated on the basis of 935 841 tonnes of CO2 equivalent.". |
| --- | --- |

(l)

The following paragraph shall be added in Article 10(2):

"For the purposes of point (a), in respect of Liechtenstein and Norway, their shares shall be calculated on the basis of the following emissions:

Liechtenstein: 20 943 tonnes of CO2 equivalent.

Liechtenstein

2

Norway: 18 635 669 tonnes of CO2 equivalent.

Norway

2

In respect of Iceland, the share referred to in point (a) shall be calculated on the basis of 36 196 tonnes of CO2 equivalent adjusted by 899 645 tonnes of CO2 equivalent, representing the share of verified emissions for 2005 from installations carrying out activities listed in Annex I, which are only included in the Community scheme from 2013 onwards. Iceland's share shall thus be calculated on the basis of 935 841 tonnes of CO2 equivalent.".

2

2

2

| (m) | Article 10(3) shall not apply to the EFTA States. |
| --- | --- |

(m)

Article 10(3) shall not apply to the EFTA States.

| (n) | The following subparagraph shall be added after the fifth subparagraph of Article 11a(8):
  "In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide reductions pursuant to the fifth subparagraph are set out in Part B of the Appendix.". |
| --- | --- |

(n)

The following subparagraph shall be added after the fifth subparagraph of Article 11a(8):

"In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide reductions pursuant to the fifth subparagraph are set out in Part B of the Appendix.".

| (o) | The second sentence in Article 16(3) shall be replaced by the following:

  "The EFTA States shall provide for excess emissions penalties that are equivalent to those in the EU Member States.". |
| --- | --- |

(o)

The second sentence in Article 16(3) shall be replaced by the following:

"The EFTA States shall provide for excess emissions penalties that are equivalent to those in the EU Member States.".

| (p) | The following paragraph shall be inserted after Article 16(12):

  "13.   The EFTA States shall submit any requests pursuant to Article 16(5) and (10) to the EFTA Surveillance Authority, which shall promptly pass them on to the Commission.". |
| --- | --- |

(p)

The following paragraph shall be inserted after Article 16(12):

"13.   The EFTA States shall submit any requests pursuant to Article 16(5) and (10) to the EFTA Surveillance Authority, which shall promptly pass them on to the Commission.".

| (q) | The following subparagraph shall be added in Article 18a(1):
  "Reallocation of aircraft operators to the EFTA States should take place during year 2011, after fulfilment by the operator of its 2010 obligations. A different timeline for reallocation of aircraft operators initially assigned to a Member State on the basis of the criteria mentioned under point (b) of this paragraph, can be agreed by the initial administering Member 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 for in point (b) of Article 18a(3). In this case, reallocation shall take place no later than in 2020 with regard to the trading period beginning in 2021.". |
| --- | --- |

(q)

The following subparagraph shall be added in Article 18a(1):

"Reallocation of aircraft operators to the EFTA States should take place during year 2011, after fulfilment by the operator of its 2010 obligations. A different timeline for reallocation of aircraft operators initially assigned to a Member State on the basis of the criteria mentioned under point (b) of this paragraph, can be agreed by the initial administering Member 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 for in point (b) of Article 18a(3). In this case, reallocation shall take place no later than in 2020 with regard to the trading period beginning in 2021.".

| (r) | In point (b) of Article 18a(3), the words "for the whole EEA" shall be inserted after the words "aircraft operators". |
| --- | --- |

(r)

In point (b) of Article 18a(3), the words "for the whole EEA" shall be inserted after the words "aircraft operators".

| (s) | The following subparagraph shall be added in Article 18b:
  "For the purposes of carrying out their tasks under the Directive, the EFTA States and the EFTA Surveillance Authority may request the assistance of Eurocontrol or another relevant organisation and may conclude to that effect any appropriate agreements with those organisations.". |
| --- | --- |

(s)

The following subparagraph shall be added in Article 18b:

"For the purposes of carrying out their tasks under the Directive, the EFTA States and the EFTA Surveillance Authority may request the assistance of Eurocontrol or another relevant organisation and may conclude to that effect any appropriate agreements with those organisations.".

| (t) | The following paragraph shall be added to Article 20:

  "4.   The issue, transfer and cancellation of allowances concerning the EFTA States, their operators and the aircraft operators administered by them shall be registered in the independent transaction log referred to in paragraph 1.
  The Central Administrator shall be competent to perform the tasks referred to in paragraphs 1 to 3 when the EFTA States, their operators or the aircraft operators administered by them are concerned.". |
| --- | --- |

(t)

The following paragraph shall be added to Article 20:

"4.   The issue, transfer and cancellation of allowances concerning the EFTA States, their operators and the aircraft operators administered by them shall be registered in the independent transaction log referred to in paragraph 1.

The Central Administrator shall be competent to perform the tasks referred to in paragraphs 1 to 3 when the EFTA States, their operators or the aircraft operators administered by them are concerned.".

| (u) | The following paragraph shall be added to Article 25:

  "3.   Allowances of the Community system include allowances issued or traded by the EFTA States or their operators under the Community system. Upon conclusion by the Community of an agreement referred to in this Article, no distinction shall be made between such allowances.
  The Commission shall keep the EFTA States informed at an early stage regarding the negotiation and conclusion of agreements or non-binding arrangements according to this Article.". |
| --- | --- |

(u)

The following paragraph shall be added to Article 25:

"3.   Allowances of the Community system include allowances issued or traded by the EFTA States or their operators under the Community system. Upon conclusion by the Community of an agreement referred to in this Article, no distinction shall be made between such allowances.

The Commission shall keep the EFTA States informed at an early stage regarding the negotiation and conclusion of agreements or non-binding arrangements according to this Article.".

| (v) | The EFTA States participating in the EU Emission Trading Scheme will provide information according to the relevant requirements in the first subparagraph of Article 30(3), while the reporting requirements under the second subparagraph shall not apply to them. |
| --- | --- |

(v)

The EFTA States participating in the EU Emission Trading Scheme will provide information according to the relevant requirements in the first subparagraph of Article 30(3), while the reporting requirements under the second subparagraph shall not apply to them.

| (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 |

(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 |
| 2016 | 16 070 |
| 2017 | 15 758 |
| 2018 | 15 445 |
| 2019 | 15 133 |
| 2020 | 14 821 |

Year

Amount of allowances

2013

17 006

2014

16 694

2015

16 382

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 |

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 |

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 |
| 2016 | 1 635 710 |
| 2017 | 1 603 301 |
| 2018 | 1 570 892 |
| 2019 | 1 538 484 |
| 2020 | 1 506 075 |

Year

Amount of allowances

2013

1 732 936

2014

1 700 527

2015

1 668 119

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 |

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
  (in tonnes of CO2 equivalent) | Emissions in 2005 from new sectors included as of 2013
  (in tonnes of CO2 equivalent) |
| --- | --- | --- |
| Iceland | 36 196 | 899 645 |
| Liechtenstein | 18 121 | 0 |
| Norway | 19 730 000 | 6 140 000 ". |

Emissions in 2005 from existing sectors

(in tonnes of CO2 equivalent)

Emissions in 2005 from new sectors included as of 2013

(in tonnes of CO2 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 2003/87/EC of the European Parliament and of the Council):






  "21ala. | 32010 R 1031: 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 Community (OJ L 302, 18.11.2010, p.1), as amended by:






  — | 32011 R 1210: Commission Regulation (EU) No 1210/2011 of 23 November 2011 (OJ L 308, 24.11.2011, p. 2). |
| --- | --- | --- | --- |

(3)

The following points are inserted after point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

"21ala.

32010 R 1031: 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 Community (OJ L 302, 18.11.2010, p.1), as amended by:

32010 R 1031

—

32011 R 1210: Commission Regulation (EU) No 1210/2011 of 23 November 2011 (OJ L 308, 24.11.2011, p. 2).

32011 R 1210

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

| (a) | The first sentence in Article 22(7) shall read as follows:

  "The EFTA States shall notify the identity of the auctioneer and its contact details to the EFTA Surveillance Authority, which will forward the information to the Commission.". |
| --- | --- |

(a)

The first sentence in Article 22(7) shall read as follows:

"The EFTA States shall notify the identity of the auctioneer and its contact details to the EFTA Surveillance Authority, which will forward the information to the Commission.".

| (b) | The following sentences shall be added in Article 24(2):

  "The EFTA States shall contract the auction monitor appointed following the joint procurement procedure between the Commission and the Member States to monitor all auction processes. In Article 25(1), (2), (3), (4) and (5), the term ‧Member State(s)‧ shall be understood to include the EFTA States.". |
| --- | --- |

(b)

The following sentences shall be added in Article 24(2):

"The EFTA States shall contract the auction monitor appointed following the joint procurement procedure between the Commission and the Member States to monitor all auction processes. In Article 25(1), (2), (3), (4) and (5), the term ‧Member State(s)‧ shall be understood to include the EFTA States.".

| (c) | The following subparagraph shall be added in Article 26(1) and (2):
  "The EFTA States shall contract the auction platform appointed jointly by the Commission and the participating EU Member States for the auctioning of their shares of the allowances to be auctioned where the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.". |
| --- | --- |

(c)

The following subparagraph shall be added in Article 26(1) and (2):

"The EFTA States shall contract the auction platform appointed jointly by the Commission and the participating EU Member States for the auctioning of their shares of the allowances to be auctioned where the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.".

| (d) | The following sentence shall be added in Article 27(1) and Article 28(1):

  "Without prejudice to the arrangements in the contract to be concluded between the EFTA States and the auction platform, the auction platform appointed following the joint procurement procedure between the Commission and the Member States participating in the joint action may provide the above-mentioned services also to the EFTA States.". |
| --- | --- |

(d)

The following sentence shall be added in Article 27(1) and Article 28(1):

"Without prejudice to the arrangements in the contract to be concluded between the EFTA States and the auction platform, the auction platform appointed following the joint procurement procedure between the Commission and the Member States participating in the joint action may provide the above-mentioned services also to the EFTA States.".

| (e) | Articles 30 to 32 shall not apply to the EFTA States, provided that they have contracted the auction platforms appointed according to Article 26 in accordance with adaptation (c) above. |
| --- | --- |

(e)

Articles 30 to 32 shall not apply to the EFTA States, provided that they have contracted the auction platforms appointed according to Article 26 in accordance with adaptation (c) above.

| (f) | The following subparagraphs shall be added in Article 52(3):
  "The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 26(1) or (2) and contracted by the EFTA States shall be distributed between the Member States participating in the joint action and the EFTA States in accordance with their shares of the total volume of allowances auctioned on the auction platform concerned provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.
  The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 30(1) or (2) and contracted by an EFTA State, including the cost of any report requested pursuant to Article 25(4), shall be borne by the EFTA State concerned in the same way as for EU Member States not participating in the joint action.". |
| --- | --- |

(f)

The following subparagraphs shall be added in Article 52(3):

"The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 26(1) or (2) and contracted by the EFTA States shall be distributed between the Member States participating in the joint action and the EFTA States in accordance with their shares of the total volume of allowances auctioned on the auction platform concerned provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.

The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 30(1) or (2) and contracted by an EFTA State, including the cost of any report requested pursuant to Article 25(4), shall be borne by the EFTA State concerned in the same way as for EU Member States not participating in the joint action.".

| 21alb. | 32010 D 0002: Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the 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 (OJ L 1, 5.1.2010, p. 10), as amended by:






  — | 32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9). |
| --- | --- | --- |

21alb.

32010 D 0002: Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the 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 (OJ L 1, 5.1.2010, p. 10), as amended by:

32010 D 0002

—

32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9).

32011 D 0745

| 21alc. | 32011 D 0278: Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 130, 17.5.2011, p. 1), as amended by:






  — | 32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9). |
| --- | --- | --- |

21alc.

32011 D 0278: Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 130, 17.5.2011, p. 1), as amended by:

32011 D 0278

—

32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9).

32011 D 0745:

| 21ald. | 32010 D 0670: Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010. p. 39). |
| --- | --- |

21ald.

32010 D 0670: Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010. p. 39).

32010 D 0670

2

| 21ale. | 32011 R 0550: 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 from projects involving industrial gases (OJ L 149, 8.6.2011, p. 1).". |
| --- | --- |

21ale.

32011 R 0550: 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 from projects involving industrial gases (OJ L 149, 8.6.2011, p. 1).".

32011 R 0550

| (4) | The following indents are added in point 21am (Commission Decision 2007/589/EC):






  ‘— | 32010 D 0345: Commission Decision 2010/345/EU of 8 June 2010 (OJ L 155, 22.6.2010, p. 34), |
| --- | --- | --- |

(4)

The following indents are added in point 21am (Commission Decision 2007/589/EC):

‘—

32010 D 0345: Commission Decision 2010/345/EU of 8 June 2010 (OJ L 155, 22.6.2010, p. 34),

32010 D 0345

| — | 32011 D 0540: Commission Decision 2011/540/EU of 18 August 2011 (OJ L 244, 21.9.2011, p. 1).’. |
| --- | --- |

—

32011 D 0540: Commission Decision 2011/540/EU of 18 August 2011 (OJ L 244, 21.9.2011, p. 1).’.

32011 D 0540

Article 2

The texts of Regulations (EU) No 1031/2010, (EU) No 550/2011 and (EU) No 1210/2011, Directive 2009/29/EC 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 EEA Supplement to the Official Journal of the European Union, shall be authentic.

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 (*1).

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 President

The Secretaries to the EEA Joint Committee

---

(1)  OJ L ...

1

(2)  
  OJ L 302, 18.11.2010, p. 1.

2

(3)  
  OJ L 149, 8.6.2011, p. 1.

3

(4)  
  OJ L 308, 24.11.2011, p. 2.

4

(5)  
  OJ L 140, 5.6.2009, p. 63.

5

(6)  
  OJ L 1, 5.1.2010, p. 10.

6

(7)  
  OJ L 155, 22.6.2010, p. 34.

7

(8)  
  OJ L 290, 6.11.2010, p. 39.

8

(9)  
  OJ L 130, 17.5.2011, p. 1.

9

(10)  
  OJ L 244, 21.9.2011, p. 1.

10

(11)  
  OJ L 299, 17.11.2011, p. 9.

11

(12)  
  OJ L 275, 25.10.2003, p. 32.

12

(13)  
  OJ L 100, 10.4.2008, p. 92.

13

(14)  
  OJ L 130, 15.5.2002, p. 1.

14

(15)  
  OJ L 49, 19.2.2004, p. 1.

15

(*1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]

*1

---

REGULATIONS

| 1.8.2012 | EN | Official Journal of the European Union | L 205/12 |
| --- | --- | --- | --- |

1.8.2012

EN

Official Journal of the European Union

L 205/12

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COMMISSION IMPLEMENTING REGULATION (EU) No 703/2012

of 31 July 2012

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 58,9 |
| TR | 50,7 |
| XS | 38,5 |
| ZZ | 49,4 |
| 0707 00 05 | MK | 53,8 |
| TR | 100,7 |
| ZZ | 77,3 |
| 0709 93 10 | TR | 104,6 |
| ZZ | 104,6 |
| 0805 50 10 | AR | 85,8 |
| TR | 91,0 |
| UY | 97,0 |
| ZA | 101,8 |
| ZZ | 93,9 |
| 0806 10 10 | EG | 229,5 |
| IL | 195,4 |
| IN | 210,3 |
| MA | 266,4 |
| MX | 301,8 |
| TR | 147,4 |
| ZZ | 225,1 |
| 0808 10 80 | AR | 150,4 |
| BR | 91,7 |
| CL | 109,0 |
| NZ | 128,6 |
| US | 125,7 |
| ZA | 112,3 |
| ZZ | 119,6 |
| 0808 30 90 | AR | 200,3 |
| CL | 133,2 |
| ZA | 113,0 |
| ZZ | 148,8 |
| 0809 29 00 | TR | 387,8 |
| ZZ | 387,8 |
| 0809 30 | TR | 168,0 |
| ZZ | 168,0 |
| 0809 40 05 | BA | 58,6 |
| ZZ | 58,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

58,9

TR

50,7

XS

38,5

ZZ

49,4

0707 00 05

MK

53,8

TR

100,7

ZZ

77,3

0709 93 10

TR

104,6

ZZ

104,6

0805 50 10

AR

85,8

TR

91,0

UY

97,0

ZA

101,8

ZZ

93,9

0806 10 10

EG

229,5

IL

195,4

IN

210,3

MA

266,4

MX

301,8

TR

147,4

ZZ

225,1

0808 10 80

AR

150,4

BR

91,7

CL

109,0

NZ

128,6

US

125,7

ZA

112,3

ZZ

119,6

0808 30 90

AR

200,3

CL

133,2

ZA

113,0

ZZ

148,8

0809 29 00

TR

387,8

ZZ

387,8

0809 30

TR

168,0

ZZ

168,0

0809 40 05

BA

58,6

ZZ

58,6

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 1.8.2012 | EN | Official Journal of the European Union | L 205/14 |
| --- | --- | --- | --- |

1.8.2012

EN

Official Journal of the European Union

L 205/14

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COMMISSION IMPLEMENTING REGULATION (EU) No 704/2012

of 31 July 2012

fixing the import duties in the cereals sector applicable from 1 August 2012

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

| (4) | Import duties should be fixed for the period from 1 August 2012 and should apply until new import duties are fixed and enter into force. |
| --- | --- |

(4)

Import duties should be fixed for the period from 1 August 2012 and should apply until new import duties are fixed and enter into force.

| (5) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 August 2012, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 187, 21.7.2010, p. 5.

2

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ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 August 2012

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 19 00
  1001 11 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| ex 1001 91 20 | Common wheat seed | 0,00 |
| ex 1001 99 00 | High quality common wheat other than for sowing | 0,00 |
| 1002 10 00
  1002 90 00 | Rye | 0,00 |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize other than seed (2) | 0,00 |
| 1007 10 90
  1007 90 00 | Grain sorghum other than hybrids for sowing | 0,00 |

CN code

Description

Import duties (1)

(EUR/t)

1001 19 00

1001 11 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

ex 1001 91 20

Common wheat seed

0,00

ex 1001 99 00

High quality common wheat other than for sowing

0,00

1002 10 00

1002 90 00

Rye

0,00

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize other than seed (2)

0,00

1007 10 90

1007 90 00

Grain sorghum other than hybrids for sowing

0,00

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(1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

| — | EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
| --- | --- |

—

EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

| — | EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
| --- | --- |

—

EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

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ANNEX II

Factors for calculating the duties laid down in Annex I

17.7.2012-30.7.2012

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:










  (EUR/tonne) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) |
| Exchange | Minnéapolis | Chicago | — | — | — |
| Quotation | 312,29 | 258,01 | — | — | — |
| Fob price USA | — | — | 277,98 | 267,98 | 247,98 |
| Gulf of Mexico premium | — | 23,57 | — | — | — |
| Great Lakes premium | 21,80 | — | — | — | — |

1.

(EUR/tonne)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Exchange

Minnéapolis

Chicago

—

—

—

Quotation

312,29

258,01

—

—

—

Fob price USA

—

—

277,98

267,98

247,98

Gulf of Mexico premium

—

23,57

—

—

—

Great Lakes premium

21,80

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:






  Freight costs: Gulf of Mexico-Rotterdam: | 17,87  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes-Rotterdam: | 54,32  EUR/t |

2.

Freight costs: Gulf of Mexico-Rotterdam:

17,87  EUR/t

Freight costs: Great Lakes-Rotterdam:

54,32  EUR/t

---

(1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

(2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

(3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).

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DECISIONS

| 1.8.2012 | EN | Official Journal of the European Union | L 205/17 |
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1.8.2012

EN

Official Journal of the European Union

L 205/17

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COMMISSION IMPLEMENTING DECISION

of 31 July 2012

on recognition of the ‘NTA 8080’ scheme for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council

(2012/452/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 18(6) thereof,

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (2) as amended by the Directive 2009/30/EC (3), and in particular Article 7c(6) thereof,

After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,

Whereas:

| (1) | Directives 98/70/EC and 2009/28/EC both lay down sustainability criteria for biofuels. Provisions of Article 7b, 7c and Annex IV of Directive 98/70/EC are similar to provisions of Articles 17, 18 and Annex V of Directive 2009/28/EC. |
| --- | --- |

(1)

Directives 98/70/EC and 2009/28/EC both lay down sustainability criteria for biofuels. Provisions of Article 7b, 7c and Annex IV of Directive 98/70/EC are similar to provisions of Articles 17, 18 and Annex V of Directive 2009/28/EC.

| (2) | Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC Member States should require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC. |
| --- | --- |

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC Member States should require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

| (3) | Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help create efficient solutions for proving compliance with these sustainability criteria. |
| --- | --- |

(3)

Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help create efficient solutions for proving compliance with these sustainability criteria.

| (4) | The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive. |
| --- | --- |

(4)

The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.

| (5) | The Commission may recognise such a voluntary scheme for a period of five years. |
| --- | --- |

(5)

The Commission may recognise such a voluntary scheme for a period of five years.

| (6) | When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria. |
| --- | --- |

(6)

When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria.

| (7) | The ‘NTA 8080’ scheme was submitted on 15 March 2012 to the Commission with the request for recognition. The NTA 8080 scheme that consists of the NTA 8080 standard, the 8081 standard and additional scheme documents can cover a wide range of different biofuels and bioliquids. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC. The Commission should take into account considerations of commercial sensitivity and may decide to only partially publish the scheme. |
| --- | --- |

(7)

The ‘NTA 8080’ scheme was submitted on 15 March 2012 to the Commission with the request for recognition. The NTA 8080 scheme that consists of the NTA 8080 standard, the 8081 standard and additional scheme documents can cover a wide range of different biofuels and bioliquids. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC. The Commission should take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.

| (8) | Assessment of the ‘NTA 8080’ scheme found it to adequately cover the sustainability criteria in Article 7b(3)(a), 7b(3)(b), Article 7b(4) and 7b(5) of Directive 98/70/EC and Article 17(3)(a), 17(3)(b), Article 17(4) and 17(5) of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC. |
| --- | --- |

(8)

Assessment of the ‘NTA 8080’ scheme found it to adequately cover the sustainability criteria in Article 7b(3)(a), 7b(3)(b), Article 7b(4) and 7b(5) of Directive 98/70/EC and Article 17(3)(a), 17(3)(b), Article 17(4) and 17(5) of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

| (9) | The evaluation of the ‘NTA 8080’ scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and Annex V to Directive 2009/28/EC. |
| --- | --- |

(9)

The evaluation of the ‘NTA 8080’ scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and Annex V to Directive 2009/28/EC.

| (10) | Any additional sustainability elements covered by the ‘NTA 8080’ scheme are not part of the consideration of this Decision. These additional sustainability elements are not mandatory to show compliance with sustainability requirements provided for by Directives 98/70/EC and 2009/28/EC, |
| --- | --- |

(10)

Any additional sustainability elements covered by the ‘NTA 8080’ scheme are not part of the consideration of this Decision. These additional sustainability elements are not mandatory to show compliance with sustainability requirements provided for by Directives 98/70/EC and 2009/28/EC,

HAS ADOPTED THIS DECISION:

Article 1

The voluntary scheme ‘NTA 8080’ for which the request for recognition was submitted to the Commission on 15 March 2012 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), 17(3)(b), Article 17(4) and 17(5) of Directive 2009/28/EC and Article 7b(3)(a), 7b(3)(b), 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

The voluntary scheme ‘NTA 8080’ may be used for demonstrating compliance with Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

Article 2

The Decision is valid for a period of five years after it enters into force. If the scheme, after adoption of this Decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission may repeal this Decision.

Article 3

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 31 July 2012.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 140, 5.6.2009, p. 16.

1

(2)  
  OJ L 350, 28.12.1998, p. 58.

2

(3)  
  OJ L 140, 5.6.2009, p. 88.

3

---

Corrigenda

| 1.8.2012 | EN | Official Journal of the European Union | L 205/19 |
| --- | --- | --- | --- |

1.8.2012

EN

Official Journal of the European Union

L 205/19

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Corrigendum to Council Decision 2012/308/CFSP of 26 April 2012 on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia

(
  Official Journal of the European Union L 154 of 15 June 2012
  )

On page 10, Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the European Union:

| (a) | second recital: |
| --- | --- |

(a)

second recital:

for:

‘WHEREAS Article 18, paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Third Protocol provides that regional organisations whose members are only sovereign States may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam;’,

read:

‘WHEREAS Article 18, paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Third Protocol provides that States outside Southeast Asia and regional organisations whose members are only sovereign States may accede to the Treaty subject to the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and’;

| (b) | the third recital is deleted; |
| --- | --- |

(b)

the third recital is deleted;

| (c) | fourth recital: |
| --- | --- |

(c)

fourth recital:

for:

‘WHEREAS the States in Southeast Asia have consented to the accession of the European Union to the Treaty;’,

read:

‘WHEREAS all the States in Southeast Asia have consented to the accession of the European Union to the Treaty,’;

| (d) | operative part: |
| --- | --- |

(d)

operative part:

for:

‘The European Union hereby accedes to the Treaty of Amity and Cooperation in Southeast Asia with effect of the date of deposit of this instrument.’,

read:

‘NOW, therefore, the European Union, having considered the abovementioned Treaty as amended by the Protocols, hereby accedes to the same and undertakes faithfully to perform and carry out all the stipulations therein contained.’;

| (e) | signing formula: |
| --- | --- |

(e)

signing formula:

for:

‘IN WITNESS WHEREOF, this Instrument of Accession is signed by the [TITLE].’,

read:

‘IN WITNESS WHEREOF, this Instrument of Accession is signed by the High Representative of the European Union for Foreign Affairs and Security Policy.’.

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| 1.8.2012 | EN | Official Journal of the European Union | L 205/20 |
| --- | --- | --- | --- |

1.8.2012

EN

Official Journal of the European Union

L 205/20

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Corrigendum to Commission Implementing Decision 2011/762/EU of 24 November 2011 authorising the placing on the market of yeast beta-glucans as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(
  Official Journal of the European Union L 313 of 26 November 2011
  )

On page 44, in Annex II, the following title is added before the table:

‘
  USES OF PURE BETA-GLUCANS FROM YEAST (SACCHAROMYCES CEREVISIAE)
  ’.

---