Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement
Date: 2012-11-09
Institutions: European Commission
Subjects: European Economic Area, Liechtenstein, electrical energy, natural gas, price of energy, publishing of prices, revision of an agreement

EUROPEAN 
COMMISSION 

Brussels, 9.11.2012  
COM(2012) 645 final 

2012/0307 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EEA Joint 
Committee concerning an amendment to Annex IV (Energy) and Annex XXI (Statistics) 
to the EEA Agreement 

EN 

   EN 

 
 
 
 
 
  
 
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 European Union 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)  and  Annex  XXI  (Statistics)  by  adding  new  European 
Union acquis in this field.  

This  concerns  Directive  2008/92/EC  of  the  European  Parliament  and  of  the  Council  of  22 
October  2008  concerning  a  Community  procedure  to  improve  the  transparency  of  gas  and 
electricity  prices  charged  to  industrial  end-users  (recast).  Directive  2008/92/EC  repeals 
Council Directive 90/377/EEC, which is incorporated into the EEA Agreement and which is 
consequently to be repealed under the EEA Agreement.  

For  the  purpose  of  the  implementation  of  this  act,  an  adaptation  is  proposed  in  relation  to 
Liechtenstein.  Liechtenstein  wishes  to  be  exempted  from  the  obligations  foreseen  in  this 
Directive, except for the obligation to provide the industrial price data for consumer band IC 
for electricity and for consumer band I3 for gas.  

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 

 
2012/0307 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EEA Joint 
Committee concerning an amendment to Annex IV (Energy) and Annex XXI (Statistics) 
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 
Article 338 (1), in conjunction with Article 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) 

(5) 

(6) 

The Agreement on the European Economic Area2 (“the EEA Agreement”) entered into 
force on 1 January 1994. 

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide 
to amend, inter alia, Annex IV and Annex XXI thereto. 

Annex  IV  and  Annex  XXI  to  the  EEA  Agreement  contain  specific  provisions  and 
arrangements concerning respectively energy and statistics. 

Directive  2008/92/EC  of  the  European  Parliament  and  of  the  Council  of  22  October 
2008  concerning  a  Community  procedure  to  improve  the  transparency  of  gas  and 
electricity prices charged to industrial end-users (recast)3 is to be incorporated into the 
EEA Agreement. 

Directive  2008/92/EC  repeals  Council  Directive  90/377/EEC,  which  is  incorporated 
into  the  EEA  Agreement  and  which  is  consequently  to  be  repealed  under  the  EEA 
Agreement. 

Liechtenstein  is  to  be  exempted  from  the  obligations  foreseen  in  Directive 
2008/92/EC, except for the obligation to provide the industrial price data for consumer 
band IC for electricity and for consumer band I3 for gas 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6. 
OJ L 1, 3.1.1994, p. 3.  
OJ L 298, 7.11.2008, p. 9. 

EN 

2 

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(7) 

(8) 

Annex  IV  and  Annex  XXI  to  the  EEA  Agreement  should  therefore  be  amended 
accordingly. 

The  position  of  the  Union  in  the  EEA  Joint  Committee  should  be  based  on  the 
attached draft Decision, 

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union in the EEA Joint Committee on the proposed 
amendment to Annex IV (Energy) and Annex XXI (Statistics) 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 Brussels,  

For the Council 
The President 

EN 

3 

   EN 

 
 
 
Annex 

DECISION OF THE EEA JOINT COMMITTEE  
No 

of 

amending Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement 

THE EEA JOINT COMMITTEE, 

Having  regard  to  the  Agreement  on  the  European  Economic  Area  (“the  EEA  Agreement”), 
and in particular Article 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

Directive 2008/92/EC of the European Parliament and of the Council of 22 October 
2008  concerning  a  Community  procedure  to  improve  the  transparency  of  gas  and 
electricity  prices  charged  to  industrial  end-users  (recast)1  is  to  be  incorporated  into 
the EEA Agreement. 

Directive 2008/92/EC repeals Council Directive 90/377/EEC, which is incorporated 
into  the  EEA  Agreement  and  which  is  consequently  to  be  repealed  under  the  EEA 
Agreement. 

Annexes  IV  and  XXI  to  the  EEA  Agreement  should  therefore  be  amended 
accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

The text of point 7 (Council Directive 90/377/EEC) of Annex IV to the EEA Agreement shall 

be replaced by the following: 

‘32008 L 0092: Directive 2008/92/EC of the European Parliament and of the Council 
of  22  October  2008  concerning  a  Community  procedure  to  improve  the 
transparency  of  gas  and  electricity  prices  charged  to  industrial  end-users 
(recast) (OJ L 298, 7.11.2008, p. 9)(1). 

(1) 

Listed here for information purposes only: for application see Annex XXI on statistics.’ 

The text of point 26 (Council Directive 90/377/EEC) of Annex XXI to the EEA Agreement 
shall be replaced by the following: 

Article 2 

1 

OJ L 298, 7.11.2008, p. 9. 

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4 

   EN 

 
                                                 
‘32008 L 0092: Directive 2008/92/EC of the European Parliament and of the Council of 22 
October  2008  concerning  a  Community  procedure  to  improve  the  transparency  of  gas  and 
electricity prices charged to industrial end-users (recast) (OJ L 298, 7.11.2008, p. 9). 

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

Liechtenstein shall be exempted from the obligations foreseen in this Directive, except for the 
obligation  to  provide  the  industrial  price  data  for  consumer  band  IC  for  electricity  and  for 
consumer  band  I3  for  gas.  This  data  (3  price  levels:  without  taxes,  without  VAT  and  with 
VAT and other taxes included) shall be provided on a half yearly basis within 2 months after 
the reference period by using the appropriate questionnaires provided by Eurostat.’ 

The texts of Directive 2008/92/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 […], provided that all the notifications under Article 
103(1) of the EEA Agreement have been made to the EEA Joint Committee∗. 

Article 4 

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

Article 5 

Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

∗ 

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

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