Decision of the EEA Joint Committee No 102/2005 of  8 July 2005  amending Annex IV (Energy) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, electrical energy, energy production, hydroelectric power, renewable energy

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Official Journal of the European Union

24.11.2005

DECISION OF THE EEA JOINT COMMITTEE

No 102/2005

of 8 July 2005

amending Annex IV (Energy) 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, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex IV to the Agreement was amended by Decision of the EEA Joint Committee No 43/2005 of

11 March 2005 (7).

(2) Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the
promotion of electricity produced from renewable energy sources in the internal electricity
market (8) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 18 (Regulation (EC) No 2422/2001 of the European
Parliament and of the Council) in Annex IV to the Agreement:

‘19. 32001 L 0077: Directive 2001/77/EC of the European Parliament and of the Council of
27 September 2001 on the promotion of electricity produced from renewable energy sources
in the internal electricity market (OJ L 283, 27.10.2001, p. 33).

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

(a) This Directive shall not apply to Liechtenstein;

(b)

in Article 3(2) the date “27 October 2002” and in Articles 3(3), 5(1) and 6(2), the date
“27 October 2003” shall read “six months after the entry into force of Decision of the EEA
Joint Committee No 102/2005 of 8 July 2005”;

(c)

in Article 3(2), second indent, the word “Community” shall be replaced by “EFTA States”;

(d) paragraph 8 of Protocol 1 shall not apply to Article 3 (4), second indent;

(7) OJ L 198, 28.7.2005, p. 45.
(8) OJ L 283, 27.10.2001, p. 33. Directive as amended by the 2003 Act of Accession.

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Official Journal of the European Union

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(e)

in Article 4(1) the words “Articles 87 and 88 of the Treaty” shall read “Articles 61 and 62
of the EEA Agreement”. The words “Articles 6 and 174 of the Treaty” shall read “Article 73
of the EEA Agreement”;

(f)

in the Annex, the following shall be added:

“Iceland

Norway

5,58

110,95

99,90

96,30

99,50 (7)
90,00 (8)”

(7) The figure for Iceland is contingent upon there being no changes in interconnectivity with other
electricity systems. Furthermore, due to the importance of climatic factors on the production of
electricity from hydro resources, the demand for electricity and breakdowns in transmission the
figure for 2010 should be calculated on a long-range model based on hydrologic and climatic
conditions.

(8) The ability of Norway to reach its target of 90 percent

is contingent upon electricity
consumption not increasing by more than 1 % annually. This corresponds with approximately 6
- 7 TWh new production capacity of electricity from renewable energy sources being introduced
from 1997 to 2010.

The considerable variations in Norwegian hydropower production might make it necessary for
Norway to take into account the average hydropower production potential in the reports on the
fulfilment of the indicative target.’

Article 2

The text of Directive 2001/77/EC in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

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

Article 4

Done at Brussels, 8 July 2005.

For the EEA Joint Committee
The President
HSH Prinz Nikolaus von LIECHTENSTEIN

(*)

Constitutional requirements indicated.