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Date: 13-Jun-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 340/2023 of 8 December 2023 amending Annex XX (Environment) to the EEA Agreement [2024/1444]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Decision No 340/2023 of the EEA Joint Committee amends Annex XX (Environment) to the EEA Agreement to incorporate Commission Implementing Regulation (EU) 2023/2122, which updates the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC.
  • A specific provision regarding reporting for tax purposes (Article 75t(c) of Regulation (EU) 2018/2066 as amended) will not apply to the EFTA States.

Key Changes

  • Commission Implementing Regulation (EU) 2023/2122 is incorporated into Annex XX of the EEA Agreement.
  • Article 75t(c) of Commission Implementing Regulation (EU) 2018/2066, as amended by Implementing Regulation (EU) 2023/2122, which concerns reporting for tax purposes, shall not apply to the EFTA States.
  • The Decision enters into force on 9 December 2023, or the entry into force of Decision No 334/2023 or Decision No 335/2023, whichever is later, provided all notifications under Article 103(1) of the EEA Agreement have been made.

Impact Analysis

EFTA States

  • Action Item: EFTA state governments should communicate this exemption to relevant businesses and organizations to ensure compliance with the updated regulations.

EU Member States

  • Action Item: EU Member States should continue to enforce the existing regulations and ensure that entities within their jurisdiction comply with all reporting requirements.

Businesses Operating in EEA

  • Action Item: Businesses should review their current greenhouse gas emissions monitoring and reporting processes to ensure compliance with the updated regulations and the specific exemptions applicable to their location.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. European Commission: The executive branch of the European Union responsible for proposing and implementing legislation, including the Implementing Regulations mentioned in the decision. EFTA States: The non-EU countries that are part of the European Economic Area (EEA): Iceland, Liechtenstein, Norway, and Switzerland. Commission Implementing Regulation (EU) 2023/2122: Regulation amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC. Commission Implementing Regulation (EU) 2018/2066: Regulation on rules for the implementation of Directive 2003/87/EC of the European Parliament and of the Council concerning monitoring and reporting of greenhouse gas emissions. 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. EEA Agreement: Agreement on the European Economic Area.
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Official Journal EN of the European Union L series 2024/1444 13.6.2024 DECISION OF THE EEA JOINT COMMITTEE No 340/2023 of 8 December 2023 amending Annex XX (Environment) to the EEA Agreement [2024/1444] 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 Implementing Regulation (EU) 2023/2122 of 12 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council(1) is to be incorporated into the EEA Agreement. (2) Point (c) of Article 75t of Commission Implementing Regulation (EU) 2018/2066, as amended by Implementing Regulation (EU) 2023/2122, concerns reporting for tax purposes pursuant to national legislation transposing Union acts concerning tax, customs and duty; acts which fall outside of the scope of the EEA Agreement. Consequently, the reporting obligations under point (c) of Article 75t should not apply to the EFTA States. (3) Annex XX to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 The following is added in point 21apj (Commission Implementing Regulation (EU) 2018/2066) of Annex XX to the EEA Agreement: ‘— 32023 R 2122: Commission Implementing Regulation (EU) 2023/2122 of 12 October 2023 (OJ L, 2023/2122, 18.10.2023). The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation: Point (c) of Article 75t shall not apply to the EFTA States.’ Article 2 The text of Implementing Regulation (EU) 2023/2122 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 9 December 2023, provided that all the notifications under Article 103(1) of the EEA Agreement have been made(*), or on the day of the entry into force of Decision of the EEA Joint Committee No 334/2023 of 8 December 2023(2), or on the day of the entry into force of Decision of the EEA Joint Committee No 335/2023 of 8 December 2023(3), whichever is the later. (1) OJ L, 2023/2122, 18.10.2023. (*) No constitutional requirements indicated. (2) OJ L, 2024/1419, 13.6.2024, ELI: http://data.europa.eu/eli/dec/2024/1419/oj. (3) OJ L, 2024/1420, 13.6.2024, ELI: http://data.europa.eu/eli/dec/2024/1420/oj. ELI: http://data.europa.eu/eli/dec/2024/1444/oj 1/2EN OJ L, 13.6.2024 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, 8 December 2023. For the EEA Joint Committee The President Pascal SCHAFHAUSER 2/2 ELI: http://data.europa.eu/eli/dec/2024/1444/oj

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