Decision of the EEA Joint Committee No 168/1999 of 26 November 1999 amending Annex IV (Energy) to the EEA Agreement
Date: 1999-11-26
Institutions: EEA Joint Committee
Subjects: approximation of laws, electrical energy, electricity supply, energy production, energy transport, single market

1.3.2001

EN

Official Journal of the European Communities

L 61/23

DECISION OF THE EEA JOINT COMMITTEE

No 168/1999

of 26 November 1999

amending Annex IV (Energy) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as (cid:145)the Agreement(cid:146), and in
particular Article 98 thereof,

Whereas:

(1)

(2)

(3)

Annex IV to the Agreement was amended by Decision No 29/1999 of the EEA Joint Committee of
26 March 1999 (1).

the Council of 19 December 1996
Directive 96/92/EC of
concerning common rules for the internal market in electricity (2) is to be incorporated into the
Agreement.

the European Parliament and of

The share of the national market, as referred to in Article 19(1) of Directive 96/92/EC, shall for the
purposes of the Agreement be based on the calculation of the average Community share of
electricity market opening,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be added after point 13 (Directive 96/57/EC of the European Parliament and of
the Council) of Annex IV to the Agreement:

(cid:145)14. 396 L 0092: Directive 96/92/EC of the European Parliament and of the Council of 19 December

1996 concerning common rules for the internal market in electricity (OJ L 27, 30.1.1997, p. 20).

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

(a)

in Article 3(2), (cid:147)the relevant provisions of the Treaty, in particular Article 90(cid:148) shall read (cid:147)the
relevant provisions of the EEA Agreement, in particular Article 59(cid:148);

(b)

in Article 3(3), (cid:147)Article 90 of the Treaty(cid:148) shall read (cid:147)Article 59 of the EEA Agreement(cid:148);

(c)

in Article 3(3), the words (cid:147)The interests of the Community(cid:148) shall read (cid:147)The interests of the
Contracting Parties(cid:148);

(d)

in Article 7(2), the following shall be added at the end: (cid:147), as referred to in, and adapted for the
purposes of, the EEA Agreement(cid:148);

(e)

in Article 14(2), the following shall be added to the first sentence: (cid:147), as referred to in, and
adapted for the purposes of, the EEA Agreement(cid:148);

(1) OJ L 266, 19.10.2000, p. 5.
(2) OJ L 27, 30.1.1997, p. 20.

L 61/24

EN

(f)

Official Journal of the European Communities

1.3.2001

in Article 14(5), the phrase (cid:147)seventh Council Directive 83/349/EEC of 13 June 1983 based on
Article 54(3)(g) of the Treaty on consolidated accounts(cid:148) shall read (cid:147)seventh Council Directive
83/349/EEC of 13 June 1983 based in Article 54(3)(g) of the Treaty on consolidated accounts
as referred to in, and adapted for the purposes of, the EEA Agreement(cid:148);

(g) the obligation on Member States laid down in Article 19(1) and (2) to report figures on
electricity consumed by final consumers for the purpose of calculating the average Community
share defining the degree of market opening, shall not apply to the EFTA States;

(h) in Article 22, the words (cid:147)the provisions of the Treaty, and in particular Article 86 thereof(cid:148)

shall read (cid:147)the provisions of the EEA Agreement and in particular Article 54 thereof(cid:148);

(i)

(j)

(k)

those EFTA States in which commitments and guarantees of operation given before the entry
into force of Decision No 168/1999 of the EEA Joint Committee of 26 November 1999 may
not be honoured on account of the provisions of that Decision, may apply for a transitional
regime pursuant to Article 24(1) and (2). Applications of a transitional period must be notified
to the EFTA Surveillance Authority no later than six months after the entry into force of
Decision No 168/1999 of the EEA Joint Committee of 26 November 1999;

in Article 24(3), the following shall be added to the last sentence: (cid:147), Iceland and Liechtenstein(cid:148);

in Article 27(2), the following shall be added at the end: (cid:147)Iceland and Liechtenstein may, due
to the specific technical characteristics of their electricity system, have a additional period of
two years after the entry into force of Decision No 168/1999 of the EEA Joint Committee of
26 November 1999 to apply the obligations ensuing from the Directive.(cid:148)(cid:146)

The texts of Directive 96/92/EC in the Icelandic and Norwegian languages which are annexed to the
respective language versions of this Decision, are authentic.

Article 2

This Decision shall enter into force on 27 November 1999, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee.

Article 3

This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal
of the European Communities.

Article 4

Done at Brussels, 26 November 1999.

For the EEA Joint Committee

The President

N. v. LIECHTENSTEIN