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Date: 8-Feb-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 223/2021 of 9 July 2021 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2024/274]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The Decision of the EEA Joint Committee No 223/2021 amends Protocol 31 to the EEA Agreement to extend cooperation to include specific EU regulations concerning global warming potentials and the reporting of information related to energy and climate.
  • Specifically, it incorporates Commission Delegated Regulation (EU) 2020/1044 and Commission Implementing Regulation (EU) 2020/1208 into the EEA Agreement.

Key Changes

  • Extends EEA Agreement to include Commission Delegated Regulation (EU) 2020/1044 regarding global warming potentials and inventory guidelines, repealing Commission Delegated Regulation (EU) No 666/2014.
  • Extends EEA Agreement to include Commission Implementing Regulation (EU) 2020/1208 on structure, format, submission processes and review of information reported by Member States, repealing Commission Implementing Regulation (EU) No 749/2014.
  • Replaces the reference to Decision of the EEA Joint Committee No 269/2019 with 'this paragraph' in adaptation (iv) of Article 3, paragraph 8(a) of Protocol 31.
  • Only specific articles and annexes of Commission Implementing Regulation (EU) 2020/1208 apply: Articles 1-3, 7-10, 12-15, 17-24, 26-40 and Annexes VI-VIII, X-XX, XXII-XXV.
  • The provisions of both regulations apply to the EFTA States only to the extent they relate to the implementation of the amended paragraph 8(a) of Article 3 of Protocol 31.

Impact Analysis

EFTA States

  • Action Item: EFTA states should develop and implement necessary legislative and administrative changes to ensure compliance with the new requirements.

Businesses operating in EFTA States

  • Action Item: Businesses should engage with relevant national authorities to understand specific implementation details and timelines.

European Commission

  • Action Item: The European Commission should monitor the implementation of the regulations in EFTA states and address any issues or discrepancies.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. EFTA States: Iceland, Liechtenstein, Norway and Switzerland. These states are impacted by the extended cooperation. European Commission: The executive branch of the European Union, responsible for proposing and implementing legislation. Commission Delegated Regulation (EU) 2020/1044: Regulation supplementing Regulation (EU) 2018/1999 regarding values for global warming potentials and the inventory guidelines and with regard to the Union inventory system and repealing Commission Delegated Regulation (EU) No 666/2014. Commission Implementing Regulation (EU) 2020/1208: Regulation on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) 2018/1999 and repealing Commission Implementing Regulation (EU) No 749/2014. Regulation (EU) 2018/1999: Regulation of the European Parliament and of the Council on the Governance of the Energy Union and Climate Action. Protocol 31 to the EEA Agreement: Protocol concerning cooperation in specific fields outside the four freedoms.
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Official Journal EN of the European Union L series 2024/274 8.2.2024 DECISION OF THE EEA JOINT COMMITTEE No 223/2021 of 9 July 2021 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2024/274] THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof, Whereas: (1) It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to Commission Delegated Regulation (EU) 2020/1044 of 8 May 2020supplementing Regulation (EU) 2018/1999 of the European Parliament and of the Council with regard to values for global warming potentials and the inventory guidelines and with regard to the Union inventory system and repealing Commission Delegated Regulation (EU) No 666/2014(1). (2) It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to Commission Implementing Regulation (EU) 2020/1208 of 7 August 2020 on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council and repealing Commission Implementing Regulation (EU) No 749/2014(2). (3) Implementing Regulation (EU) 2020/1208 repeals Commission Implementing Regulation (EU) No 749/2014(3), which is included in the EEA Agreement and which is consequently to be repealed under the EEA Agreement. (4) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place, HAS ADOPTED THIS DECISION: Article 1 Paragraph 8(a) of Article 3 of Protocol 31 to the EEA Agreement shall be amended as follows: 1. In adaptation (iv) in the third indent (Regulation (EU) 2018/1999 of the Parliament and of the Council), the words “Decision of the EEA Joint Committee No 269/2019 of 25 October 2019” are replaced by the words “this paragraph”. 2. The following is inserted after the third indent (Regulation (EU) 2018/1999 of the Parliament and of the Council): ‘- 32020 R 1044: Commission Delegated Regulation (EU) 2020/1044 of 8 May 2020 supplementing Regulation (EU) 2018/1999 of the European Parliament and of the Council with regard to values for global warming potentials and the inventory guidelines and with regard to the Union inventory system and repealing Commission Delegated Regulation (EU) No 666/2014 (OJ L 230, 17.7.2020, p. 1). The Regulation shall, for the purposes of the present Agreement, be read with the following adaptation: The provisions of this Regulation shall only apply to the EFTA States to the extent that they relate to the implementation of this paragraph.’ (1) OJ L 230, 17.7.2020, p. 1. (2) OJ L 278, 26.8.2020, p. 1. (3) OJ L 203, 11.7.2014, p. 23. ELI: http://data.europa.eu/eli/dec/2024/274/oj 1/2EN OJ L, 8.2.2024 3. The text of the fifth indent (Commission Implementing Regulation (EU) No 749/2014) is replaced by the following: ‘- 32020 R 1208: Commission Implementing Regulation (EU) 2020/1208 of 7 August 2020 on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council and repealing Commission Implementing Regulation (EU) No 749/2014 (OJ L 278, 26.8.2020, p. 1). The applicable provisions of this Regulation are listed below and shall, for the purposes of the present Agreement, be read with the following adaptations: (i) Only the following provisions of the Regulation shall apply: Articles 1-3, 7-10, 12-15, 17-24, 26-40 and Annexes VI-VIII, X-XX, XXII-XXV. (ii) The provisions listed in (i) shall only apply to the EFTA States to the extent that they relate to the implementation of this paragraph.’ Article 2 This Decision shall enter into force on 10 July 2021, provided that all the notifications under Article 103(1) of the EEA Agreement have been made*. Article 3 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, 9 July 2021. For the EEA Joint Committee The President Rolf Einar FIFE * No constitutional requirements indicated. 2/2 ELI: http://data.europa.eu/eli/dec/2024/274/oj

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