Source: EURLEX
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Format: md

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.3.2017

COM(2017) 111 final

2017/0047(NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union,  
within the EEA Joint Committee concerning an amendment   
to Annex XX (Environment) to the EEA Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XX (Environment) to the EEA Agreement in order to incorporate the Regulation (EU) No 510/2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles
[1](#footnote1)
 and related legislative acts into the EEA Agreement.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

•Consistency with other Union policies

The extension of the EU acquis in the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of this Agreement aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.

These efforts cover all policies in the area of the free movement of goods, persons, services and capital, as well as flanking and horizontal policies specified in the EEA Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislation to be incorporated into the EEA Agreement is based on Article 192(1) of the Treaty on the Functioning of the European Union.

Article 1(3) of Council Regulation (EC) No 2894/94
[2](#footnote2)
 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 in cooperation with the EEAS 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.

•Subsidiarity (for non-exclusive competence)

The proposal complies with the subsidiarity principle for the following reason.  

The objective of this proposal, namely to ensure the homogeneity of the Internal Market cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level.

The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.

•Proportionality

In accordance with the principle of proportionality, the proposal does not go beyond what is necessary in order to achieve its objective – to ensure the homogeneity of the Internal Market.

•Choice of the instrument

In conformity with Article 98 of the EEA Agreement, the chosen instrument is the EEA Joint Committee decision. The EEA Joint Committee shall ensure the effective implementation and operation of the EEA Agreement. To this end, it shall take decisions in the cases provided for in the EEA Agreement.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Collection and use of expertise

In the framework of the preparation of the legislation in question the Commission organised a public internet consultation and two stakeholder meetings. In addition an external study investigating possible regulatory approaches to reducing CO2 from light-duty vehicles was carried out.

•Impact assessment

In the framework of the preparation of the legislation in question the Commission has carried out a detailed impact assessment, analysing a wide range of various policy options.

The attached EEA Joint Committee Decision merely aims to extend the current system to the EEA EFTA States.

4.BUDGETARY IMPLICATIONS

There are no budgetary implications expected as a result of the incorporation into the EEA Agreement as any potential additional revenue due to vehicle registrations in EEA EFTA States would have to be transferred to the EFTA Surveillance Authority and vice versa.

5.OTHER ELEMENTS

Justification of the main requested adaptations and proposed solution

Regulation (EU) No 510/2011 establishes a system of emission performance standards for new light commercial vehicles. The draft JCD extends the EU system to the EEA EFTA States, so that the system will encompass all the EEA States except Liechtenstein.

Excess emissions premiums, Article 9(1) of Regulation (EU) No 510/2011 as reflected in adaptation (i) in the JCD

An adaptation text has been included to the effect that it will be for the EFTA Surveillance Authority to impose excess emissions premiums on manufacturers established in the EEA EFTA States.

Premiums will be imposed jointly for new light commercial vehicles sold in the EU and the EEA EFTA States respectively. Consequently, the premiums need to be distributed between the EU/EFTA sides.

A distribution key is therefore suggested, so that the premiums are distributed proportionally based on the share of new light commercial vehicles registered in the EU or in the EFTA States, respectively, relative to the total number of new light commercial vehicles registered in the EEA.

Collection of excess emissions premiums, Article 9(3) of Regulation (EU) No 510/2011 as reflected in adaptation (j) in the JCD

Article 9(3) provides a legal basis for the Commission to establish methods for the collection of excess emissions premiums. Such methods were established by Commission Decision 2012/99/EU
[3](#footnote3)
. As there is a separate surveillance authority and surveillance system under the EEA Agreement, an adaptation text has been included for the EFTA Surveillance Authority to determine the means for collecting excess emissions premiums. These means shall be based on the Commission’s means.

Allocation of excess emissions premiums, Article 9(4) of Regulation (EU) No 510/2011 as reflected in adaptation (k) in the JCD

Article 9(4) states that the premiums shall be considered revenue for the general budget of the EU.

Consequently, an adaptation text has been included for the EFTA States to determine the allocation of the amounts of the excess emissions premium that correspond to the EFTA side.

Applicability of Regulation (EU) No 510/2011 to Liechtenstein as reflected in adaptation (o) in the JCD

The historically longstanding relationship between Liechtenstein and Switzerland is very close and heavily influenced by the Customs and Currency Treaty between the two countries (establishing a customs and currency union) which was concluded in 1923 (LGBl. 1923 No 24). The Customs and Currency Treaty with Switzerland also has a significant impact on the environmental and fiscal strategies of Liechtenstein. Many Swiss environmental provisions are, by way of the Customs and Currency Treaty, directly applicable in Liechtenstein or are implemented into Liechtenstein law on the basis of bilateral treaties between the two countries.

Against this background, Liechtenstein requests to be exempted from the application of Regulation (EU) No 510/2011, considering that by applying the Swiss emission performance scheme in Liechtenstein the aims set by the EU legislation will equally be achieved.

  

2017/0047 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union,
  
within the EEA Joint Committee concerning an amendment 
  
to Annex XX (Environment) 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 192(1) in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994
[4](#footnote4)
 concerning arrangements for implementing the Agreement on the European Economic Area, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement on the European Economic Area ('the EEA Agreement') entered into force on 1 January 1994.

(2)Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XX (Environment) to the EEA Agreement.

(3)Regulation (EU) No 510/2011 of the European Parliament and of the Council
[5](#footnote5)
 is to be incorporated into the EEA Agreement.

(4)Commission Delegated Regulation (EU) No 205/2012
[6](#footnote6)
 is to be incorporated into the EEA Agreement.

(5)Commission Implementing Regulation (EU) No 293/2012
[7](#footnote7)
 is to be incorporated into the EEA Agreement.

(6)Commission Delegated Regulation (EU) No 114/2013
[8](#footnote8)
 is to be incorporated into the EEA Agreement.

(7)Commission Delegated Regulation (EU) No 1047/2013
[9](#footnote9)
 is to be incorporated into the EEA Agreement.

(8)Regulation (EU) No 253/2014 of the European Parliament and of the Council
[10](#footnote10)
 is to be incorporated into the EEA Agreement.

(9)Commission Delegated Regulation (EU) No 404/2014
[11](#footnote11)
 is to be incorporated into the EEA Agreement.

(10)Commission Implementing Regulation (EU) No 410/2014
[12](#footnote12)
 is to be incorporated into the EEA Agreement.

(11)Commission Implementing Regulation (EU) No 427/2014
[13](#footnote13)
 is to be incorporated into the EEA Agreement.

(12)Annex XX (Environment) to the EEA Agreement should therefore be amended accordingly.

(13)The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XX (Environment) 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 date of its adoption.

Done at Brussels,

For the Council

   The President

:   [(1)](#footnoteref1)
    OJ L 145, 31.5.2011, p. 1.
:   [(2)](#footnoteref2)
    OJ L 305, 30.11.1994, p. 6–8
:   [(3)](#footnoteref3)
    Commission Decision 2012/99/EU of 17 February 2012 on the detailed arrangements for the collection of premiums for excess CO 2 emissions from new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council Text, OJ L 47, 18.2.2012, p. 69.
:   [(4)](#footnoteref4)
    OJ L 305, 30.11.1994, p. 6–8.
:   [(5)](#footnoteref5)
    Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles, (OJ L 145, 31.5.2011, p. 1).
:   [(6)](#footnoteref6)
    Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to the data source and the data parameters to be reported by Member States, (OJ L 72, 10.3.2012, p. 2).
:   [(7)](#footnoteref7)
    Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council, (OJ L 98, 4.4.2012, p. 1).
:   [(8)](#footnoteref8)
    Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles, (OJ L 38, 9.2.2013, p. 1).
:   [(9)](#footnoteref9)
    Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 amending Commission Delegated Regulation (EU) No 114/2013 for the purpose of correcting the 2010 average specific CO2 emissions specified for the manufacturer Piaggio, (OJ L 285, 29.10.2013, p. 1).
:   [(10)](#footnoteref10)
    Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles, (OJ L 84, 20.3.2014, p. 38).
:   [(11)](#footnoteref11)
    Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process, (OJ L 121, 24.4.2014, p. 1).
:   [(12)](#footnoteref12)
    Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 amending Implementing Regulation (EU) No 293/2012 as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process, (OJ L 121, 24.4.2014, p. 21).
:   [(13)](#footnoteref13)
    Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council, (OJ L 125, 26.4.2014, p. 57).

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![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.3.2017

COM(2017) 111 final

ANNEX

to the

proposal for a Council Decision

on the position to be adopted, on behalf of the European Union,  
within the EEA Joint Committee concerning an amendment  
to Annex XX (Environment) to the EEA Agreement

DECISION OF THE EEA JOINT COMMITTEE
  

  
No
  
  
of 
  
  
amending Annex XX (Environment) 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)Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles
[1](#footnote1)
 is to be incorporated into the EEA Agreement.

(2)Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to the data source and the data parameters to be reported by Member States
[2](#footnote2)
 is to be incorporated into the EEA Agreement.

(3)Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council
[3](#footnote3)
 is to be incorporated into the EEA Agreement.

(4)Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles
[4](#footnote4)
 is to be incorporated into the EEA Agreement.

(5)Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 amending Commission Delegated Regulation (EU) No 114/2013 for the purpose of correcting the 2010 average specific CO2 emissions specified for the manufacturer Piaggio
[5](#footnote5)
 is to be incorporated into the EEA Agreement.

(6)Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles
[6](#footnote6)
 is to be incorporated into the EEA Agreement.

(7)Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process
[7](#footnote7)
 is to be incorporated into the EEA Agreement.

(8)Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 amending Implementing Regulation (EU) No 293/2012 as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process
[8](#footnote8)
 is to be incorporated into the EEA Agreement.

(9)Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council
[9](#footnote9)
 is to be incorporated into the EEA Agreement.

(10)Annex XX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following is inserted after point 21av (Directive 2009/33/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

‘21aw.32011 R 0510: Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1), as amended by:

–32012 R 0205: Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 (OJ L 72, 10.3.2012, p. 2),

–32014 R 0253: Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 (OJ L 84, 20.3.2014, p. 38),

–32014 R 0404: Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 (OJ L 121, 24.4.2014, p. 1).

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

(a)The following subparagraph shall be added in Article 7(2):

“If the pool includes only manufacturers established in the EFTA States, the manufacturers shall file the information with the EFTA Surveillance Authority. If the pool includes at least one manufacturer established in the Union and at least one manufacturer established in the EFTA States, the manufacturers shall file the information with the Commission and the EFTA Surveillance Authority.”

(b)The following subparagraph shall be added in Article 7(3):

“The EFTA Surveillance Authority shall notify manufacturers established in the EFTA States.”

(c)The following subparagraph shall be added in Article 7(4):

“If the pool includes only manufacturers established in the EFTA States, the manufacturers shall jointly inform the EFTA Surveillance Authority. If the pool includes or is extended to include at least one manufacturer established in the Union and at least one manufacturer established in the EFTA States, the manufacturers shall jointly inform both the Commission and the EFTA Surveillance Authority.”

(d)In Article 7(5), the words “Articles 101 and 102 TFEU” shall read “Articles 53 and 54 of the EEA Agreement” and the word “Union” shall read “EEA”.

(e)In Article 7(7) and Article 10(1), the words “or the EFTA Surveillance Authority” shall be inserted after the word “Commission”.

(f)The data reported by the EFTA States shall also be kept in the central register referred to in Article 8(4).

(g)The following subparagraph shall be added in Article 8(4):

“The EFTA Surveillance Authority shall make the calculations set out in subparagraph 1 for manufacturers established in the EFTA States and notify each manufacturer established in the EFTA States in accordance with the second subparagraph.”

(h)Without prejudice to Protocol 1 to the Agreement, in Article 8(5) and (6), Article 11(3), (4), (5) and (6), the words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “Commission”.

(i)The following subparagraphs shall be added in Article 9(1):

“Where the manufacturer or pool manager is established in an EFTA State, the EFTA Surveillance Authority shall impose the excess emissions premium.

The amounts of the excess emissions premium shall be distributed between the Commission and the EFTA Surveillance Authority proportionally to the share of the registrations of new light commercial vehicles in the EU or in the EFTA States, respectively, relative to the total number of new light commercial vehicles registered in the EEA.”

(j)The following subparagraphs shall be added in Article 9(3):

“The European Commission shall use its established means for collecting excess emissions premiums as stipulated in Commission Decision 2012/99/EU under paragraph 1 also in relation to the registrations in EFTA States of manufacturers established in the EU.

The EFTA Surveillance Authority shall determine the means for collecting excess emissions premiums under paragraph 1. These means shall be based on the Commission’s means.”

(k)The following subparagraph shall be added in Article 9(4):

 “For the EFTA States, the EFTA States shall determine the allocation of the amounts of the excess emissions premium.”

(l)Without prejudice to Protocol 1 to the Agreement, in Article 11(2), the words “, or, in the case of a manufacturer established in the EFTA States, to the EFTA Surveillance Authority,” shall be inserted after the word “Commission”.

(m)The following subparagraph shall be added in Article 12(2):

“Suppliers or manufacturers established in the EFTA States shall send applications pursuant to this Article to the Commission. The Commission shall give the same priority to such applications as to other applications pursuant to this article.”

(n)The following subparagraph shall be added in Article 12(4):

“Commission Decisions approving innovative technologies pursuant to this Article are generally applicable and shall be incorporated into the EEA Agreement.”

(o)This Regulation shall not apply to Liechtenstein.

21awa.32012 R 0293: Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1), as amended by;

–32014 R 0410: Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 (OJ L 121, 24.4.2014, p. 21).

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

(a)In Articles 9 and 10, the words “, or, in the case of a manufacturer established in the EFTA States, to the EFTA Surveillance Authority,” shall be inserted after the word “Commission”.

(b)Article 10 (a) (3) shall not apply as regards the EFTA Surveillance Authority.

21awb.32013 R 0114: Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles (OJ L 38, 9.2.2013, p. 1), as amended by:

–32013 R 1047: Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 (OJ L 285, 29.10.2013, p. 1).

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

(a)Without prejudice to Protocol 1 to the Agreement, in Article 6(1), the words “, or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “Commission”.

(b)Article 6(2) and the email set out in Annex I shall not apply as regards the EFTA Surveillance Authority.

21awc.32014 R 0427: Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).’

Article 2

The texts of Regulations (EU) No 510/2011 and (EU) No 253/2014, Delegated Regulations (EU) No 205/2012, (EU) No 114/2013, (EU) No 1047/2013 and (EU) No 404/2014 and Implementing Regulations (EU) No 293/2012, (EU) No 410/2014 and (EU) No 427/2014 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
[10](#footnote10)\*.

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.

Done at Brussels, […].

For the EEA Joint Committee

   The President
  
   […]
  
   
  
   
  
   The Secretaries
  
   to the EEA Joint Committee
  
   […]

:   [(1)](#footnoteref1)
    OJ L 145, 31.5.2011, p. 1.
:   [(2)](#footnoteref2)
    OJ L 72, 10.3.2012, p. 2.
:   [(3)](#footnoteref3)
    OJ L 98, 4.4.2012, p. 1.
:   [(4)](#footnoteref4)
    OJ L 38, 9.2.2013, p. 1.
:   [(5)](#footnoteref5)
    OJ L 285, 29.10.2013, p. 1.
:   [(6)](#footnoteref6)
    OJ L 84, 20.3.2014, p. 38.
:   [(7)](#footnoteref7)
    OJ L 121, 24.4.2014, p. 1.
:   [(8)](#footnoteref8)
    OJ L 121, 24.4.2014, p. 21.
:   [(9)](#footnoteref9)
    OJ L 125, 26.4.2014, p. 57.
:   [(10)](#footnoteref10)
    [No constitutional requirements indicated.] [Constitutional requirements indicated.]

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