The Decision of the EEA Joint Committee No 126/2021 amends Annex XX (Environment) to the EEA Agreement to incorporate Commission Delegated Regulation (EU) 2019/1122 and Commission Delegated Regulation (EU) 2019/1124 regarding the functioning of the Union Registry into the EEA Agreement.
Key Changes
Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019, supplementing Directive 2003/87/EC, is incorporated into the EEA Agreement.
Commission Delegated Regulation (EU) 2019/1124 of 13 March 2019, amending Delegated Regulation (EU) 2019/1122, is incorporated into the EEA Agreement.
The issue, transfer, and cancellation of allowances concerning the EFTA States, their operators, and aircraft operators administered by them will be registered in the European Union Transaction Log (EUTL).
The Central Administrator is competent to perform tasks related to Article 20 of Directive 2003/87/EC when EFTA States, their operators, or aircraft operators administered by them are concerned.
The EFTA Surveillance Authority will coordinate the implementation of the Regulation with the national administrators of each EFTA State and the Central Administrator.
The EFTA Surveillance Authority replaces the Commission in certain instances concerning account holders under the jurisdiction of an EFTA State.
The EFTA Surveillance Authority instructs the Central Administrator regarding national allocation tables of the EFTA States.
The Commission must inform the EFTA Surveillance Authority of instructions given to the Central Administrator and the reasons for these instructions when accounts under the jurisdiction of an EFTA State are concerned.
Europol shall keep the EFTA Surveillance Authority and the Commission informed of the use it makes of the data when account holders under the jurisdiction of an EFTA State are concerned.
Impact Analysis
EFTA States and Operators
Action Item: EFTA States should review and update their national regulations and procedures to reflect the changes introduced by this decision.
Central Administrator
Action Item: The Central Administrator needs to establish clear communication channels and protocols with the EFTA Surveillance Authority.
European Commission
Action Item: The Commission should ensure timely and effective communication with the EFTA Surveillance Authority regarding instructions to the Central Administrator.
Europol
Action Item: Europol needs to establish a reporting mechanism to keep both the EFTA Surveillance Authority and the Commission informed.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, which extends the EU's single market to Iceland, Liechtenstein, and Norway.
Commission Delegated Regulation (EU) 2019/1122: A regulation supplementing Directive 2003/87/EC regarding the functioning of the Union Registry.
Commission Delegated Regulation (EU) 2019/1124: A regulation amending Delegated Regulation (EU) 2019/1122 regarding the functioning of the Union Registry under Regulation (EU) 2018/842.
Directive 2003/87/EC: Directive of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community.
EFTA States: Iceland, Liechtenstein, Norway and Switzerland (though Switzerland is not part of the EEA).
EFTA Surveillance Authority: The body responsible for monitoring compliance with EEA rules in the EFTA States.
European Union Transaction Log (EUTL): The central registry for tracking the ownership and transfer of emission allowances.
Central Administrator: The entity responsible for the technical operation of the Union Registry.
Europol: The European Union Agency for Law Enforcement Cooperation.
Official Journal EN
of the European Union L series
2024/107 18.1.2024
DECISION OF THE EEA JOINT COMMITTEE No 126/2021
of 19 March 2021
amending Annex XX (Environment) to the EEA Agreement [2024/107]
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 Delegated Regulation (EU) 2019/1122 of 12 March 2019supplementing Directive 2003/87/EC of the
European Parliament and of the Council as regards the functioning of the Union Registry(1)is to be incorporated
into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2019/1124 of 13 March 2019 amending Delegated Regulation
(EU) 2019/1122 as regards the functioning of the Union Registry under Regulation (EU) 2018/842 of the European
Parliament and of the Council(2)is to be incorporated into the EEA Agreement.
(3) By virtue of Decision of the EEA Joint Committee No 269/2019 of 25 October 2019, Regulation (EU) 2018/842
does not apply to Liechtenstein.
(4) Annex XX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 21ana (Commission Regulation (EU) No 389/2013) of Annex XX to the EEA
Agreement:
‘21anb. 32019 R 1122: Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing
Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union
Registry (OJ L 177, 2.7.2019, p. 3), as amended by:
— 32019 R 1124: Commission Delegated Regulation (EU) 2019/1124 of 13 March 2019(OJ L 177, 2.7.2019,
p. 66).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) The issue, transfer and cancellation of allowances concerning the EFTA States, their operators and the aircraft
operators administered by them shall be registered in the European Union Transaction Log (EUTL).
The Central Administrator shall be competent to perform the tasks referred to in paragraphs 1 to 3 of
Article 20 of Directive 2003/87/EC when the EFTA States, their operators or the aircraft operators
administered by them are concerned.
(b) In Article 7(4), the following sentence shall be added:
“The EFTA Surveillance Authority shall coordinate the implementation of this Regulation with the national
administrators of each EFTA State and the Central Administrator.”
(c) In Article 30(8), the following sentence shall be added:
“The word ‘Commission’ shall be replaced by the words ‘EFTA Surveillance Authority’ when account holders
under the jurisdiction of an EFTA State are concerned.”
(1) OJ L 177, 2.7.2019, p. 3.
(2) OJ L 177, 2.7.2019, p. 66.
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OJ L, 18.1.2024
(d) The following subparagraph shall be added in Articles 46(2), 47(3), 49(2), 53(3) and 54(1):
“Where national allocation tables of the EFTA States are concerned, the Central Administrator shall be
instructed by the EFTA Surveillance Authority.’
(e) The following subparagraphs shall be added in Articles 65(1), 66(2), 68(1) and (4):
“When accounts under the jurisdiction of an EFTA State are concerned, the Commission shall immediately
inform the EFTA Surveillance Authority of the instructions given to the Central Administrator and the
reasons for these instructions.
In case the suspension of access is not horizontal and to the extent that it is directed at individual accounts
under the jurisdiction of an EFTA State, the EFTA Surveillance Authority shall within three working days
adopt a decision on the applicability of the Commission's instructions, based on the explanations given by the
Commission. The absence of a decision from the EFTA Surveillance Authority shall have no effect on the
validity of the instructions given by the Commission or of the action taken by the Central Administrator.”
(f) The following subparagraph shall be added in Article 66(3):
“The word ‘Commission’ shall be replaced by the words ‘EFTA Surveillance Authority’ when account holders
under the jurisdiction of an EFTA State are concerned.”
(g) The following subparagraph shall be added in Article 68(3):
“A national administrator of an EFTA State may request the EFTA Surveillance Authority to reinstate processes
suspended in accordance with paragraph 1 if it considers that the outstanding issues that caused suspension
have been resolved. If this is the case, the EFTA Surveillance Authority shall, upon consultation with the
Commission, instruct the Central Administrator to reinstate those processes. It shall otherwise reject the
request within a reasonable period and inform the national administrator without delay, stating its reasons
and setting out criteria to be fulfilled for a subsequent request to be accepted.”
(h) The following shall be added after the first sentence of Article 80(4):
“When account holders under the jurisdiction of an EFTA State are concerned, such data may be provided by
the Central Administrator following the prior consent of the EFTA Surveillance Authority.”
(i) The following subparagraph shall be added in Article 80(7):
“Europol shall keep the EFTA Surveillance Authority and the Commission informed of the use it makes of the
data when account holders under the jurisdiction of an EFTA State are concerned. ’ ”
Article 2
The text of Delegated Regulations (EU) 2019/1122 and (EU) 2019/1124 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 20 March 2021, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*.
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.
* No constitutional requirements indicated.
2/3 ELI: http://data.europa.eu/eli/dec/2024/107/ojEN
OJ L, 18.1.2024
Done at Brussels, 19 March 2021.
For the EEA Joint Committee
The President
Clara GANSLANDT
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