Decision of the EEA Joint Committee No 101/2008 of 26 September 2008 amending Annex IV (Energy) to the EEA Agreement
Date: 2008-09-26
Institutions: EEA Joint Committee
Subjects: EU Member State, European Economic Area, Norway, market, natural gas, right to vote, transport network

L 309/24

EN

Official Journal of the European Union

20.11.2008

DECISION OF THE EEA JOINT COMMITTEE

No 101/2008

of 26 September 2008

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)

(2)

Annex IV to the Agreement was amended by Decision of the EEA Joint Committee No 28/2008 of
14 March 2008 (1).

Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September
2005 on conditions for access to the gas transmission networks (2) is to be incorporated into the
Agreement,

HAS DECIDED AS FOLLOWS:

The following point shall be inserted after point 26 (Directive 2005/32/EC of the European Parliament and
of the Council) of Annex IV to the Agreement:

Article 1

‘27. 32005 R 1775: Regulation (EC) No 1775/2005 of the European Parliament and of the Council of
28 September 2005 on conditions for access to the gas transmission networks (OJ L 289,
3.11.2005, p. 1).

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

(a) Article 16 of the Regulation provides for a derogation from the Regulation to natural gas
transmission systems situated in Member States, for the duration of derogations granted under
Article 28 of Directive 2003/55/EC. Norway has obtained a status as an emergent market,
according to Article 28(2) of Directive 2003/55/EC. Consequently, the Regulation shall not
apply to Norway before that derogation period has expired.

(b) The EFTA States concerned shall be invited to send observers to the meeting of the Committee
established in Article 14. The representatives of the EFTA States shall participate fully in the
work of the Committee, but shall not have the right to vote.’

(1) OJ L 182, 10.7.2008, p. 19.
(2) OJ L 289, 3.11.2005, p. 1.

20.11.2008

EN

Official Journal of the European Union

L 309/25

Article 2

The texts of Regulation (EC) No 1775/2005 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 27 September 2008, 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, 26 September 2008.

(*) Constitutional requirements indicated.

For the EEA Joint Committee
The President

H.S.H. Prinz Nikolaus von LIECHTENSTEIN

Joint Declaration by the Contracting Parties to Decision No 101/2008 concerning the implementation in the
EEA Agreement of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of
28 September 2005 on conditions for access to the natural gas transmission networks

Under the two-pillar structure of the EEA Agreement (Art. 93(2)), new Community legislation must be adopted by a Joint
Committee Decision. The Guidelines under the Regulation on conditions for access to the natural gas transmission
networks are legally binding upon all Member States. New guidelines or amendments to existing guidelines must
therefore be considered as new Community legislation that requires adoption by the EEA Joint Committee, in accordance
with Article 98 of the EEA Agreement.