CELEX: 52015PC0328
Language: en
Date: 2015-07-09
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 XXI (Statistics) to the EEA Agreement (Energy Statistics)

EUROPEAN COMMISSION
            Brussels, 9.7.2015
            COM(2015) 328 final
            2015/0144(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 XXI (Statistics)to the EEA Agreement(Energy Statistics)
            
               
         
         
            
               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 XXI (Statistics) to the EEA Agreement in order to incorporate Commission Regulation (EU) No 431/2014 of 24 April 2014 amending Regulation (EC) No 1099/2008 on energy statistics, as regards the implementation of annual statistics on energy consumption in households
                  1
                into the EEA Agreement.
            
            
               The EEA EFTA States are requesting derogations to EU acquis for Liechtenstein and Iceland. Since these adaptations introduce changes which are more than mere technical adjustments, as foreseen in Article 1(3) of Council Regulation (EC) No 2894/94, the corresponding EU position shall be adopted by the Council.
            
            
               The EEA EFTA States request the derogation for Iceland arguing that Iceland is not connected to the European energy grid and is as such an isolated independent energy system. Electricity production in Iceland is based on almost 100% renewable sources, accounting for practically all residential energy end use.  Household use of electricity in Iceland accounts for 4% of the total energy consumption in Iceland. The detailed breakdown of household energy consumption by activity set out in Annex B of Regulation (EC) No 1099/2008, would thus not be relevant for the Icelandic power strategy and of even less value to the EU power strategy, as Iceland constitutes an isolated energy system. There is thus no national interest in these particular statistics, and they would not add any value to the European statistics produced in accordance with the Regulation. 
            
            
               Furthermore, compliance would require survey data collection which would be a costly and burdensome venture, and likely to divert organizational capacity and funds away from statistical production of more significant value to both the EU and Iceland. 
            
            
               Against this background, considering the specific situation as described above, an adaptation text has thus been put forward, exempting Iceland from data collection falling within the scope of Annex B. 
            
            
               Please note that for technical reasons, this Joint Committee Decision replaces the entire text of point 26a of Annex XXI to the EEA Agreement. Nevertheless, Regulation (EC) No 1099/2008 and the specific exemption for Liechtenstein provided for in point (a) have been part of the EEA Agreement since the entry into force of Decision of the EEA Joint Committee No 89/2009 of 3 July 2009.
            
            
            
               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.
            
            
               2015/0144 (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 XXI (Statistics)
                  to the EEA Agreement
                  (Energy Statistics)
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
         
         
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(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 XXI (Statistics) to the EEA Agreement.
            
            
               (3)Commission Regulation (EU) No 431/2014 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council
                  4
                is to be incorporated into the EEA Agreement.
            
            
               (4)Annex XXI to the EEA Agreement should therefore be amended accordingly.
            
            
               (5)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 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 date of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  OJ L 131, 1.5.2014, p. 1.
               
               
                  
                     (2)
                  OJ L 305, 30.11.1994, p. 6. 
               
               
                  
                     (3)
                  OJ L 1, 3.1.1994, p. 3. 
               
               
                  
                     (4)
                  Commission Regulation (EU) No 431/2014 of 24 April 2014 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of annual statistics on energy consumption in households, OJ L 131, 1.5.2014, p. 1.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 9.7.2015
            COM(2015) 328 final
            ANNEX
            DECISION OF THE EEA JOINT COMMITTEE No .../2015amending Annex XXI (Statistics)to the EEA Agreement
            to the
            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 XXI (Statistics) to the EEA Agreement(Energy Statistics)
            
               
         
         
            
               ANNEX
               
                  DECISION OF THE EEA JOINT COMMITTEE
                  No .../2015
                  amending 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)Commission Regulation (EU) No 431/2014 of 24 April 2014 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of annual statistics on energy consumption in households
                  1
                is to be incorporated into the EEA Agreement.
            
            
               (2)Annex XXI to the EEA Agreement should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The text of point 26a (Regulation (EC) No 1099/2008 of European Parliament and of the Council) of Annex XXI is replaced by the following:
            
            
               ‘32008 R 1099: Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1), as amended by:
            
            
               -32013 R 0147: Commission Regulation (EU) No 147/2013 of 13 February 2013 (OJ L 50, 22.2.2013, p. 1),
            
            
               -32014 R 0431: Commission Regulation (EU) No 431/2014 of 24 April 2014 (OJ L 131, 1.5.2014, p. 1).
            
            
               The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
            
            
               (a)Liechtenstein is exempted from collecting the data required by this Regulation, except for data of imports and exports of the various energy products and the production of electricity for the Annual Energy Statistics (Annex B).
            
            
               (b)Iceland is exempted from reporting the aggregates defined in Annex B relating to the detailed energy consumption breakdown by type of end-use (space heating, space cooling, water heating, cooking, lighting and electrical appliances, other end uses) of the Residential sector as it is defined in Section 2.3 of Annex A.’
            
            
               Article 2
            
            
               The texts of Regulation (EU) No 431/2014 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
                  2*.
            
         
         
            
               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 131, 1.5.2014, p. 1.
               
               
                  
                     (2)
                  [No constitutional requirements indicated.] [Constitutional requirements indicated.]