Council Decision (EU) 2023/2754 of 4 December 2023 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment to Annex XX (Environment) to the EEA Agreement (ETS Maritime and Stationary)

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XX (Environment) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 1

Annex XX to the EEA Agreement shall be amended as follows:
1.
Point 21al (Directive 2003/87/EC of the European Parliament and of the Council) shall be amended as follows:
(i)
the following indent is added:
‘—
32023 L 0959 : Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 ( OJ L 130, 16.5.2023, p. 134 ).’;
(ii)
adaptation (d) shall be replaced by the following adaptation:
‘(d)
Article 3d(4), the fourth sentence of the second subparagraph of Article 3ga(3), Article 10(3), Article 30d(6) and the first subparagraph of Article 30e(3)(h) shall not apply to the EFTA States.’;
(iii)
in adaptation (e), the words ‘The following paragraphs shall be inserted in Article 9’ are replaced by the words ‘The following paragraphs shall be added after the first paragraph of Article 9’;
(iv)
adaptation (j) is deleted; adaptations (f) to (i) are renumbered as (g) to (j);
(v)
the following adaptation is inserted after adaptation (e):
‘(f)
The following paragraph shall be added after the second paragraph of Article 9:
“In respect of the EFTA States, the figures taken into account for the calculation of the EEA-wide quantity of allowances to be issued from 2024 onwards pursuant to this Article are set out in Part B of the Appendix.”
’;
(vi)
adaptations (t) and (u) are renumbered as adaptations (z) and (za); adaptations (l) to (s) are renumbered as adaptations (o) to (v); adaptation (k) is renumbered as adaptation (l);
(vii)
the following adaptation is inserted after (j):
‘(k)
In Article 10a(1), the words “, or equivalent obligations, in accordance with national law in the EFTA States,” shall be inserted after the words “Article 8 of Directive 2012/27/EU of the European Parliament and of the Council”’;
(viii)
the following adaptations are inserted after adaptation (l):
‘(m)
The following subparagraph shall be inserted after the second subparagraph of Article 12(3-d):
“Decisions regarding the EFTA States, shall be made by the EEA Joint Committee, in accordance with the procedures laid down in the EEA Agreement.”
(n)
The following subparagraph shall be inserted after Article 12(3-c):
“Decisions regarding requests made by two EFTA States, shall be made by the EEA Joint Committee, in accordance with the procedures laid down in the EEA Agreement.”
’;
(ix)
the text of adaptation (o) shall be replaced by the following:
‘The following sentence shall be inserted after the second sentence of Article 16(3):
“The EFTA States shall provide for excess emissions penalties that are equivalent to those in the EU Member States.”
’;
(x)
the text of adaptation (s) shall be replaced by the following:
‘The following subparagraph shall be added in Article 18b(1):
“For the purposes of carrying out their tasks under the Directive, the EFTA States and the EFTA Surveillance Authority may request the assistance of EMSA or another relevant organisation and may conclude to that effect any appropriate arrangements with those organisations.”
’;
(xi)
the following adaptations are added after adaptation (v):
‘(w)
The following sentence is added in the sixth subparagraph of Article 30d(4):
“In the case referred to in this subparagraph, the share of allowances of the EFTA States made available for the Social Climate Fund in accordance with Article 10a(8b) of this Directive, paragraph 3 of this Article and this paragraph shall not be affected.”
(x)
As regards the EFTA States, Article 30e(3)(a) is replaced by the following paragraph:
“The EFTA State concerned notifies the EFTA Surveillance Authority of that national carbon tax at the latest 2 months after the entry into force of EEA Joint Committee Decision …/2023 of … [this Decision], and documenting the tax level by providing references to the relevant national instrument regarding the current tax rate and the indicated tax rates up to 2030; the EFTA State concerned notifies the EFTA Surveillance Authority of any subsequent change to the national carbon tax; the EFTA Surveillance Authority shall promptly, and not later than 1 month thereafter, communicate any notification from an EFTA State to the Commission;”
(y)
The following subparagraph shall be added in Article 30e(3):
“For Liechtenstein, the application of the end date of the derogation, 31 December 2030, will be reviewed as part of the next Joint Committee Decision concerning Directive 2003/87/EC following the July 2026 review of the Directive, taking into account the relevant rules applicable in Liechtenstein due to its regional union with Switzerland and in particular the CO 2 tax and its administration as regulated in accordance with the bilateral treaty on environmental charges in view of their equivalence with the emissions trading system for buildings, road transport and additional sectors, and to the extent possible the results of the Commission review of the implementation of Chapter IVa of Directive 2003/87/EC in accordance with Article 30i of that Directive.
Until the next Joint Committee Decision on Directive 2003/87/EC enters into force, Articles 30b and 30f of Directive 2003/87/EC shall not apply in Liechtenstein. Any data relevant for adjustments of the Union-wide quantity of allowances for Liechtenstein relating to the emissions trading system established under Chapter IVa of Directive 2003/87/EC will be taken from UNFCCC greenhouse gas emission inventories for Liechtenstein as long as monitoring data according to Article 30f of the Directive is not available.”
’;
(xii)
the text of Part B of the appendix of adaptation (za) shall be replaced by the following:
‘PART B
EFTA States’ figures relevant to the calculation and adjustment of the EEA-wide quantity of allowances to be issued from 2021 to 2030 pursuant to Articles 9 and 9a of Directive 2003/87/EC
For the determination of these figures, the linear factor of 2,2 % from 2021 to 2023, 4,3 % from 2024 to 2027 and 4,4 % from 2028 has been applied.
CAP 2021-2030
Iceland
Norway
2021
1 432 642
16 304 948
2022
1 393 440
15 858 793
2023
1 354 238
15 412 638
2024
1 227 504
14 242 697
2025
1 148 901
13 331 215
2026
1 045 721
12 140 314
2027
967 476
11 235 954
2028
887 411
10 310 563
2029
807 347
9 385 171
2030
727 282
8 459 779
These figures do not include the allowances corresponding to the inclusion in the scope of the ETS Directive of greenhouse gas emissions other than CO 2 emissions from maritime transport activities as of 1 January 2026 and the coverage of emissions of offshore ships as of 1 January 2027, based on their emissions for the most recent year for which data are available.’
2.
The following indents are added in point 21alj (Decision (EU) 2015/1814 of the European Parliament and of the Council):
‘—
32023 D 0852 : Decision (EU) 2023/852 of the European Parliament and of the Council of 19 April 2023 ( OJ L 110, 25.4.2023, p. 21 ),
—
32023 L 0959 : Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 ( OJ L 130, 16.5.2023, p. 134 ).’
3.
The following point is inserted after point 21apn (Commission Decision (EU) 2020/1722):
‘21apo.
32023 D 1575 : Commission Decision (EU) 2023/1575 of 27 July 2023 on the Union-wide quantity of allowances to be issued under the EU Emissions Trading System for 2024 ( OJ L 192, 31.7.2023, p. 30 ).’
4.
Point 21aw (Regulation (EU) 2015/757 of the European Parliament and of the Council) shall be amended as follows:
(i)
the title is replaced by the following:
‘Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and amending Directive 2009/16/EC’;
(ii)
the following indent is added:
‘—
32023 R 0957 : Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 ( OJ L 130, 16.5.2023, p. 105 ).’.

Article 2

This Decision shall enter into force on the date of its adoption.

Article 2

The texts of Regulation (EU) 2023/957, Directive (EU) 2023/959 and Decisions (EU) 2023/852 and (EU) 2023/1575 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 …, or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, whichever is the later ( *1 ) .

[It shall apply from 31 December 2023.]

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 .

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