CELEX: 52015PC0661
Language: en
Date: 2015-12-16
Title: 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 XX (Environment) to the EEA Agreement (CO2 Emissions)

EUROPEAN COMMISSION
            Brussels, 16.12.2015
            COM(2015) 661 final
            2015/0301(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 XX (Environment) to the EEA Agreement(CO2 Emissions)
            
               
         
         
            
               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 EU 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 XX (Environment) to the EEA Agreement in order to incorporate Regulations (EC) No 443/2009, (EU) No 1014/2010, (EU) No 63/2011, (EU) No 725/2011, (EU) No 429/2012, (EU) No 396/2013, (EU) No 397/2013,(EU) No 333/2014 and (EU) No 6/2015 into the EEA Agreement.
            
            
               The EEA EFTA States are requesting adaptations which go above the level of mere technical adjustments. 
            
            
               Justification of the main requested adaptations and proposed solution
            
            
               Regulation (EC) No 443/2009 establishes a system of emission performance standards for new passenger cars. The draft JCD extends the EU system to the EEA EFTA States, so that the system will encompass all the EEA States. 
            
            
               Excess emissions premiums, Article 9(1) of Regulation (EC) No 443/2009 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 in the EEA EFTA States. 
            
            
               Premiums will be imposed jointly for new passenger cars 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 passenger cars registered in the EU or in the EFTA States, respectively, relative to the total number of new passenger cars registered in the EEA.
            
            
               Collection of excess emissions premiums, Article 9(3) of Regulation (EC) No 443/2009 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 2012/100/EU
                  1
               . 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 (EC) No 443/2009 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 (EC) No 443/2009 to Liechtenstein as reflected in adaptation (n) 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 (EC) No 443/2009, considering that by applying the Swiss emission performance scheme in Liechtenstein the aims set by the EU legislation will equally be achieved.
            
            
               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.
            
            
               2015/0301 (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 XX (Environment) to the EEA Agreement
                  (CO2 Emissions)
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and 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 Area
                  2
               , 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
                  3
                ('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 (EC) No 443/2009 of the European Parliament and of the Council
                  4
                is to be incorporated into the EEA Agreement.
            
            
               (4)Commission Regulation (EU) No 1014/2010
                  5
                is to be incorporated into the EEA Agreement.
            
            
               (5)Commission Regulation (EU) No 63/2011
                  6
                is to be incorporated into the EEA Agreement.
            
            
               (6)Commission Implementing Regulation (EU) No 725/2011
                  7
                is to be incorporated into the EEA Agreement.
            
            
               (7)Commission Implementing Regulation (EU) No 429/2012
                  8
                is to be incorporated into the EEA Agreement.
            
         
         
            
               (8)Commission Implementing Regulation (EU) No 396/2013
                  9
                is to be incorporated into the EEA Agreement.
            
            
               (9)Commission Regulation (EU) No 397/2013
                  10
                is to be incorporated into the EEA Agreement.
            
            
               (10)Regulation (EU) No 333/2014 of the European Parliament and of the Council
                  11
                is to be incorporated into the EEA Agreement.
            
            
               (11)Commission Delegated Regulation (EU) 2015/6
                  12
                is to be incorporated into the EEA Agreement.
            
            
               (12)Regulation (EC) No 443/2009 repeals Decision No 1753/2000/EC of the European Parliament and of the Council
                  13
                which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (13)Annex XX (Environment) to the EEA Agreement should be amended accordingly,
            
            
               (14)The position of the Union within the EEA Joint Committee should 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)
                  Commission Decision 2012/100/EU of 17 February 2012 on a method for the collection of premiums for excess of CO2 emissions from new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council, OJ L 47, 18.2.2012, p. 71.
               
               
                  
                     (2)
                  OJ L 305, 30.11.1994, p. 6. 
               
               
                  
                     (3)
                  OJ L 1, 3.1.1994, p. 3. 
               
               
                  
                     (4)
                  Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles, (OJ L 140, 5.6.2009, p. 1).
               
               
                  
                     (5)
                  Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council, (OJ L 293, 11.11.2010, p. 15).
               
               
                  
                     (6)
                  Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council, (OJ L 23, 27.1.2011, p. 16).
               
               
                  
                     (7)
                  Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council, (OJ L 194, 26.7.2011, p. 19).
               
               
                  
                     (8)
                  Commission Implementing Regulation (EU) No 429/2012 of 22 May 2012 amending Regulation (EU) No 1014/2010 for the purpose of providing a common format for the notification of errors by manufacturers of passenger cars, (OJ L 132, 23.5.2012, p. 11).
               
               
                  
                     (9)
                  Commission Implementing Regulation (EU) No 396/2013 of 30 April 2013 amending Regulation (EU) No 1014/2010 as regards certain requirements for the monitoring of CO2 emissions from new passenger cars, (OJ L 120, 1.5.2013, p. 1).
               
               
                  
                     (10)
                  Commission Regulation (EU) No 397/2013 of 30 April 2013 amending Regulation (EC) No 443/2009 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new passenger cars, (OJ L 120, 1.5.2013, p. 4).
               
               
                  
                     (11)
                  Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO 2 emissions from new passenger cars, (OJ L 103, 5.4.2014, p. 15.)
               
               
                  
                     (12)
                  Commission Delegated Regulation (EU) 2015/6 of 31 October 2014 amending Annex I to Regulation (EC) No 443/2009 of the European Parliament and of the Council in order to take into account the evolution of the mass of new passenger cars registered in 2011, 2012 and 2013, (OJ L 3, 7.1.2015, p. 1).
               
               
                  
                     (13)
                  Decision No 1753/2000/EC of the European Parliament and of the Council of 22 June 2000 establishing a scheme to monitor the average specific emissions of CO2 from new passenger cars, (OJ L 202, 10.8.2000, p. 1).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 16.12.2015
            COM(2015) 661 final
            ANNEX
            DECISION OF THE EEA JOINT COMMITTEE NO .../2015OF
            amending Annex XX (Environment) to the EEA Agreement
            to theproposal 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 XX (Environment) to the EEA Agreement(CO2 Emissions)
            
               
         
         
            
               ANNEX
               
                  DECISION OF THE EEA JOINT COMMITTEE NO .../2015
               
                  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 (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles
                  1
                is to be incorporated into the EEA Agreement.
            
            
               (2)Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
                  2
                is to be incorporated into the EEA Agreement.
            
            
               (3)Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council
                  3
                is to be incorporated into the EEA Agreement.
            
            
               (4)Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
                  4
                is to be incorporated into the EEA Agreement.
            
            
               (5)Commission Implementing Regulation (EU) No 429/2012 of 22 May 2012 amending Regulation (EU) No 1014/2010 for the purpose of providing a common format for the notification of errors by manufacturers of passenger cars
                  5
                is to be incorporated into the EEA Agreement.
            
            
               (6)Commission Implementing Regulation (EU) No 396/2013 of 30 April 2013 amending Regulation (EU) No 1014/2010 as regards certain requirements for the monitoring of CO2 emissions from new passenger cars
                  6
                is to be incorporated into the EEA Agreement.
            
            
               (7)Commission Regulation (EU) No 397/2013 of 30 April 2013 amending Regulation (EC) No 443/2009 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new passenger cars
                  7
                is to be incorporated into the EEA Agreement.
            
            
               (8)Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO 2 emissions from new passenger cars
                  8
                is to be incorporated into the EEA Agreement.
            
            
               (9)Commission Delegated Regulation (EU) 2015/6 of 31 October 2014 amending Annex I to Regulation (EC) No 443/2009 of the European Parliament and of the Council in order to take into account the evolution of the mass of new passenger cars registered in 2011, 2012 and 2013
                  9
                is to be incorporated into the EEA Agreement.
            
            
               (10)Regulation (EC) No 443/2009 repeals Decision No 1753/2000/EC of the European Parliament and of the Council
                  10
                which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.
            
            
               (11)Annex XX to the EEA Agreement should be amended accordingly,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex XX to the EEA Agreement shall be amended as follows:
            
            
               1.The text of point 21ae (Decision No 1753/2000/EC of the European Parliament and of the Council) is replaced by the following:
            
         
         
            
               ‘32009 R 0443: Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1), as amended by:
            
            
               –32013 R 0397: Commission Regulation (EU) No 397/2013 of 30 April 2013 (OJ L 120, 1.5.2013, p. 4),
            
            
               –32014 R 0333: Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 (OJ L 103, 5.4.2014, p. 15),
            
            
               –32015 R 0006: Commission Delegated Regulation (EU) 2015/6 of 31 October 2014 (OJ L 3, 7.1.2015, 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 in the EFTA States, the manufacturers shall file the information with the EFTA Surveillance Authority. If the pool includes at least one manufacturer in the EU Member States and at least one manufacturer 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 in the EFTA States.”
            
            
               (c)The following subparagraph shall be added in Article 7(4):
            
            
               “If the pool includes only manufacturers 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 in the EU Member States and at least one manufacturer 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 81 and 82 of the Treaty” shall read “Articles 53 and 54 of the EEA Agreement” and the word “Community” shall read “EEA”.
            
            
               (e)In Article 7(7) and Article 10(1), the words “and 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 in the EFTA States and notify the manufacturers 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) third and fourth subparagraphs, (5) and (6) and Article 12(4), 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 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 new passenger cars registered in the EU or in the EFTA States, respectively, relative to the total number of new passenger cars 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 2012/100/EU under paragraph 1 also in relation to the registrations of EFTA manufacturers based/registered 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) and (4) second subparagraph, the words “, or, in the case of a manufacturer in the EFTA States, to the EFTA Surveillance Authority,” shall be inserted after the word “Commission”.
            
            
               (m)Without prejudice to Protocol 1 to the Agreement, in Article 12(3), the words “, or, in the case of a supplier or manufacturer in the EFTA States, to the EFTA Surveillance Authority” shall be inserted after the word “Commission”.
            
            
               (n)This Regulation shall not apply to Liechtenstein.’
            
            
               2.The following is inserted after point 21ae (Decision No 1753/2000/EC of the European Parliament and of the Council:
            
            
               ‘21aea.32011 R 0063: Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 23, 27.1.2011, p. 16).
            
            
               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 7(1), the words “, or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “Commission”.
            
            
               (b)Article 7(2) and the email set out in Annex I shall not apply as regards the EFTA Surveillance Authority.
            
            
               21aeb.32011 R 0725: Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).
            
            
               The Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
            
            
               Without prejudice to Protocol 1 to the Agreement, in Articles 3(d), 4, 10, 11 and 12, the words “, or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word “Commission”.
            
            
               21aec.32010 R 1014: Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 293, 11.11.2010, p. 15), as amended by:
            
            
               –32012 R 0429: Commission Implementing Regulation (EU) No 429/2012 of 22 May 2012 (OJ L 132, 23.5.2012, p. 11),
            
            
               –32013 R 0396: Commission Implementing Regulation (EU) No 396/2013 of 30 April 2013 (OJ L 120, 1.5.2013, p. 1).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
            
         
         
            
               (a)In Articles 8 and 9, the words “, or, in the case of a manufacturer in the EFTA States, to the EFTA Surveillance Authority,” shall be inserted after the word “Commission”.
            
            
               (b)Article 9(5) shall not apply as regards the EFTA Surveillance Authority.’
            
            
               Article 2
            
            
               The texts of Regulations (EC) No 443/2009, (EU) No 1014/2010, (EU) No 63/2011, (EU) No 397/2013 and (EU) No 333/2014 and Implementing Regulations (EU) No 725/2011, (EU) No 429/2012 and (EU) No 396/2013 and Delegated Regulation (EU) No 2015/6 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
                  11*.
            
            
               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)
                  OJ L 140, 5.6.2009, p. 1.
               
               
                  
                     (2)
                  OJ L 293, 11.11.2010, p. 15.
               
               
                  
                     (3)
                  OJ L 23, 27.1.2011, p. 16.
               
               
                  
                     (4)
                  OJ L 194, 26.7.2011, p. 19.
               
               
                  
                     (5)
                  OJ L 132, 23.5.2012, p. 11.
               
               
                  
                     (6)
                  OJ L 120, 1.5.2013, p. 1.
               
               
                  
                     (7)
                  OJ L 120, 1.5.2013, p. 4.
               
               
                  
                     (8)
                  OJ L 103, 5.4.2014, p. 15.
               
               
                  
                     (9)
                  OJ L 3, 7.1.2015, p. 1.
               
               
                  
                     (10)
                  OJ L 202, 10.8.2000, p. 1.
               
               
                  
                     (11)
                  [No constitutional requirements indicated.] [Constitutional requirements indicated.]