**Executive Summary**
This document is a decision by the EEA Joint Committee to amend Annex XX (Environment) to the EEA Agreement. The amendment incorporates Commission Delegated Regulation (EU) 2025/723 concerning the yearly calculation of price differences between eligible aviation fuels and fossil kerosene, and the EU ETS allocation of allowances for the use of eligible aviation fuels. The decision enters into force on September 20, 2025, provided that all notifications under Article 103(1) of the EEA Agreement have been made.
**Key Points / Main Content**
* **Amendment to Annex XX:**
* Commission Delegated Regulation (EU) 2025/723 is inserted into Annex XX of the EEA Agreement, after point 21apo.
* Delegated Regulation (EU) 2025/723 supplements Directive 2003/87/EC, laying down detailed rules for the yearly calculation of price differences between eligible aviation fuels and fossil kerosene, and the EU ETS allocation of allowances for the use of eligible aviation fuels.
* **Authentic Text:**
* The text of Delegated Regulation (EU) 2025/723 in Icelandic and Norwegian languages will be published in the EEA Supplement to the Official Journal of the European Union and will be authentic.
* **Entry into Force:**
* The decision enters into force on September 20, 2025, contingent on all notifications under Article 103(1) of the EEA Agreement being made.
* **Publication:**
* The decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
**Impact Analysis**
**EEA Member States**
* **Impact**
* EEA Member States are required to incorporate Commission Delegated Regulation (EU) 2025/723 into their national regulations. This will affect the calculation of price differences between aviation fuels and fossil kerosene, and the EU ETS allocation of allowances.
* **Action Required**
* Ensure all notifications under Article 103(1) of the EEA Agreement are completed for the decision to enter into force. Implement the provisions of Delegated Regulation (EU) 2025/723 in national laws.
**European Parliament and Council**
* **Impact**
* The Commission Delegated Regulation (EU) 2025/723 supplementing Directive 2003/87/EC is incorporated into the EEA Agreement.
* **Action Required**
* None explicitly stated in the document.
**EEA Joint Committee**
* **Impact**
* Responsible for overseeing the implementation of the decision to amend Annex XX.
* **Action Required**
* Ensure the decision is published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Agreement: The Agreement on the European Economic Area, which this decision amends
Annex XX (Environment) to the EEA Agreement: The specific annex of the EEA Agreement that is being amended
Commission Delegated Regulation (EU) 2025/723: A regulation concerning rules for the calculation of price differences between aviation fuels and fossil kerosene and for EU ETS allocation of allowances, to be incorporated into the EEA Agreement
EEA Joint Committee: The body responsible for adopting this decision
Brussels: Location where the decision was made
Official Journal EN
of the European Union L series
2026/21 15.1.2026
DECISION OF THE EEA JOINT COMMITTEENo 221/2025
of 19 September 2025
amending Annex XX (Environment) to the EEA Agreement [2026/21]
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) 2025/723 of 6 February 2025 supplementing Directive 2003/87/EC of the
European Parliament and of the Council by laying down detailed rules for the yearly calculation of price differences
between eligible aviation fuels and fossil kerosene and for the EU ETS allocation of allowances for the use of eligible
aviation fuels(1)is to be incorporated into the EEA Agreement.
(2) Annex XX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following point is inserted after point 21apo (Commission Decision (EU) 2023/1575) of Annex XX to the EEA
Agreement:
‘21app. 32025 R 0723: Commission Delegated Regulation (EU) 2025/723 of 6 February 2025 supplementing
Directive 2003/87/EC of the European Parliament and of the Council by laying down detailed rules for the yearly
calculation of price differences between eligible aviation fuels and fossil kerosene and for the EU ETS allocation of
allowances for the use of eligible aviation fuels (OJ L, 2025/723, 16.4.2025).’
Article 2
The text of Delegated Regulation (EU) 2025/723 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 September 2025, 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.
Done at Brussels, 19 September 2025.
For the EEA Joint Committee
The President
Stefán Haukur JÓHANNESSON
(1) OJ L, 2025/723, 16.4.2025, ELI: http://data.europa.eu/eli/reg_del/2025/723/oj.
(*) No constitutional requirements indicated.
ELI: http://data.europa.eu/eli/dec/2026/21/oj 1/1