(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 (17); (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 (18); (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.”; (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.”; (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.”; (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.”; (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.”; (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.”; (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.”; (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.”; (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 six 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”; (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.”; (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; (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 Norway These figures are based on an average annual total quantity of allowances by Norway for the period from 2008 to 2012 corresponding to 14 255 268 allowances, as set out in the Norwegian National Allocation Plan. Year Amount of allowances 2013 13 511 143 2014 13 263 101 2015 13 015 060 2016 12 767 018 2017 12 518 976 2018 12 270 935 2019 12 022 893 2020 11 774 851 2. EFTA States’ figures pursuant to Article 9a(1) For the determination of these figures, the linear factor of 1,74 % has been applied. Norway Year Amount of allowances 2013 832 974 2014 817 682 2015 802 390 2016 787 098 2017 771 806 2018 756 514 2019 741 222 2020 725 930 3. EFTA States’ figures pursuant to Article 9a(2) For the determination of these figures, the linear factor of 1,74 % has been applied. Iceland Year Amount of allowances 2013 1 732 936 2014 1 700 527 2015 1 668 119 2016 1 635 710 2017 1 603 301 2018 1 570 892 2019 1 538 484 2020 1 506 075 Norway Year Amount of allowances 2013 4 994 199 2014 4 902 514 2015 4 810 829 2016 4 719 144 2017 4 627 459 2018 4 535 774 2019 4 444 089 2020 4 352 404 PART B EFTA States’ figures relevant to the calculation of the EEA-wide reductions pursuant to the fifth subparagraph of Article 11a(8) Emissions in 2005 from existing sectors (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”