Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex IV (Energy) to the EEA Agreement.
Date: 2011-11-09
Institutions: European Commission
Subjects: European Economic Area, pollution control measures, renewable energy, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 9.11.2011 
SEC(2011) 1330 final 

2011/0312 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex IV (Energy) to the EEA Agreement. 

 
 
  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal 
Market,  the  EEA  Joint  Committee  is  to  integrate  all  the  relevant  Community 
legislation into the EEA Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  draft  Decision  of  the  EEA  Joint  Committee  (annexed  to  the  proposed  Council 
Decision)  aims  to  amend  Annex  IV  (Energy)  to  the  EEA  Agreement  in  order  to 
incorporate  into  the  Agreement  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. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing the EEA Agreement provides that the Council establishes the position 
to  be  adopted  on  the  Union’s  behalf  on  such  Decisions,  on  a  proposal  from  the 
Commission.  

The  Commission  submits  the  Draft  Decision  of  the  EEA  Joint  Committee  for 
adoption by the Council as the Union’s position. The Commission would hope to be 
able to present it in the EEA Joint Committee at the earliest possible opportunity. 

EN 

1 

   EN 

 
2011/0312 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex IV (Energy) to the EEA Agreement. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 114(1), 192(1) and 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  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Annex IV to the Agreement on the European Economic Area, (hereinafter referred to 
as  "the  EEA  Agreement")  contains  specific  provisions  and  arrangements  concerning 
energy. 

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/EC2 is to be incorporated 
into the Agreement. 

Directive  2009/28/EC  repeals  Directive  2001/77/EC  of  the  European  Parliament  and 
of  the  Council3,  which  is  incorporated  into  the  Agreement  and  is  therefore  to  be 
repealed under the Agreement. 

Norway’s fulfilment of the target for share of energy from renewable sources in gross 
final  consumption  of  energy  in  2020  must  be  seen  in  the  context  of  the  initial  high 
share  of  renewable  energy  compared  to  the  EU  Member  States,  and  the  uncertainty 
associated  with  supply  and  demand  embedded  in  the  combination  of  a  hydro-based 
energy production system and a cold climate, 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6.  
OJ L 140, 5.6.2009, p. 16. 
OJ L 283, 27.10.2001, p. 33. 

EN 

2 

   EN 

 
 
                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the Union in the EEA Joint Committee on a proposed amendment 
to Annex IV (Energy) 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 …, 

For the Council 
The President 

EN 

3 

   EN 

 
 
 
ANNEX  

DECISION OF THE EEA JOINT COMMITTEE  
No  

amending Annex IV (Energy) to the EEA Agreement 

of  

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) 

(3) 

(4) 

Annex IV to the Agreement was amended by Decision of the EEA Joint Committee 
No ... of …1. 

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/EC2  is  to  be 
incorporated into the Agreement. 

Directive 2009/28/EC repeals Directive 2001/77/EC of the European Parliament and 
of  the  Council3,  which  is  incorporated  into  the  Agreement  and  is  therefore  to  be 
repealed under the Agreement. 

Norway’s  fulfilment  of  the  target  for  share  of  energy  from  renewable  sources  in 
gross final consumption of energy in 2020 must be seen in the context of the initial 
high  share  of  renewable  energy  compared  to  the  EU  Member  States,  and  the 
uncertainty  associated  with  supply  and  demand  embedded  in  the  combination  of  a 
hydro-based energy production system and a cold climate, 

HAS ADOPTED THIS DECISION: 

Annex IV to the Agreement shall be amended as follows: 

Article 1 

1. 

2. 

1 
2 
3 

The  text  of  point  19  (Directive  2001/77/EC  of  the  European  Parliament  and  of  the 
Council) shall be deleted with effect from 1 January 2012. 

The  following  shall  be  inserted  after  point  40  (Commission  Regulation  (EU)  No 
774/2010): 

OJ L …  
OJ L 140, 5.6.2009, p. 16. 
OJ L 283, 27.10.2001, p. 33. 

EN 

4 

   EN 

 
                                                 
‘41.  32009  L  0028:  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 (OJ L 140, 5.6.2009, p. 16). 

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

(a)  The Directive shall not apply to Liechtenstein. 

(b)  The second sentence of Article 3(1) shall not apply to the EFTA States. 

(c)  The following shall be added in Article 4(2): 

“Norway and Iceland shall notify their national renewable energy action plans 
to  the  EFTA  Surveillance  Authority  no  later  than  six  months  after  the 
entry  into  force  of  Decision  of  the  EEA  Joint  Committee  No  […], 
incorporating Directive 2009/28/EC.” 

(d)  The following shall be added in Article 22(1):  

“Norway  and  Iceland  shall  submit  a  report  on  progress  in  the  promotion  and 
use of energy from renewable sources by 31 December 2013, and every 
two  years  thereafter.  The  fifth  report,  to  be  submitted  by  31  December 
2021, shall be the last report required.” 

(e)  The following shall be added in point A of Annex I: 

Share of energy from 
renewable sources in gross 
final consumption of 
energy, 2005 (S2005) 

Iceland 
Norway 

55,0 % 
58,2 % 

Article 2 

Target for share of energy 
from renewable sources in 
gross final consumption of 
energy, 2020 (S2020) 

64 % 
67,5 % 

The texts of Directive 2009/28/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. 

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

Article 3  

∗ 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

EN 

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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, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

EN 

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