This document is a decision by the EEA Joint Committee (Decision No. 23/2022 of 4 February 2022) amending Annex XX (Environment) to the EEA Agreement. The amendment incorporates Commission Delegated Regulation (EU) 2019/1868 into the EEA Agreement. This regulation aligns the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and classifies allowances as financial instruments under Directive 2014/65/EU. Article 1 modifies point 21ala of Commission Regulation (EU) No 1031/2010 within Annex XX. Specifically, it updates the title of the act and adds a reference to Commission Delegated Regulation (EU) 2019/1868 (OJ L 289, 8.11.2019, p. 9). The Icelandic and Norwegian language versions of Delegated Regulation (EU) 2019/1868 will be published in the EEA Supplement to the Official Journal of the European Union and are considered authentic. The decision entered into force on 5 February 2022, contingent upon completion of notifications under Article 103(1) of the EEA Agreement. The decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area
Annex XX Environment to the EEA Agreement: The specific annex of the EEA Agreement that is being amended by the decision.
Commission Delegated Regulation EU 2019/1868: A regulation amending Regulation EU No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030.
Regulation EU No 1031/2010: A regulation on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances.
Directive 2014/65/EU: Directive of the European Parliament and of the Council on markets in financial instruments.
Directive 2003/87/EC: Directive of the European Parliament and of the Council establishing a system for greenhouse gas emission allowances trading within the Union.
Brussels: Location where the decision was finalized.
30.6.2022 EN Official Journal of the European Union L 175/39
DECISION OF THE EEA JOINT COMMITTEE No 23/2022
of 4 February 2022
amending Annex XX (Environment) to the EEA Agreement [2022/1071]
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) 2019/1868 of 28 August 2019amending Regulation (EU) No 1031/2010
to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification
of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the
Council(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
Point 21ala (Commission Regulation (EU) No 1031/2010) of Annex XX to the EEA Agreement shall be amended as follows:
1. The title of the act is replaced by the following:
‘Commission Regulation (EU) No 1031/2010 of 12 November 2010on the timing, administration and other aspects of
auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of
the Council establishing a system for greenhouse gas emission allowances trading within the Union’.
2. The following indent is added:
‘— 32019 R 1868: Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019(OJ L 289, 8.11.2019, p. 9).’
Article 2
The text of Delegated Regulation (EU) 2019/1868 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 5 February 2022, 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.
(1) OJ L 289, 8.11.2019, p. 9.
(*) No constitutional requirements indicated.L 175/40 EN Official Journal of the European Union 30.6.2022
Done at Brussels, 4 February 2022.
For the EEA Joint Committee
The President
Nicolas VON LINGEN