{
  "url": "https://openlegislation.uk/eu-decision-2019-2106/attachment-1",
  "json_url": "https://openlegislation.uk/eu-decision-2019-2106/attachment-1.json",
  "legislation": "eudn/2019/2106",
  "legislation_title": "Council Decision (EU) 2019/2106 of 21 November 2019 on the position to be taken, on behalf of the European Union, within the Joint Committee established by the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems, as regards the amendment of Annexes I and II to the Agreement",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-2106",
  "path": "attachment/1",
  "kind": "attachment",
  "number": null,
  "heading": null,
  "text": "DRAFT\nDECISION No 2/2019 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE SWISS CONFEDERATION ON THE LINKING OF THEIR GREENHOUSE GAS EMISSIONS TRADING SYSTEMS\nof …\namending Annexes I and II to the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems\nTHE JOINT COMMITTEE,\nHaving regard to the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (hereinafter ‘the Agreement’), and in particular Article 13(2) thereof,\nWhereas:\n(1)\nArticles 11 to 13 of the Agreement have been provisionally applied since its signature on 23 November 2017.\n(2)\nArticle 13(2) of the Agreement provides that the Joint Committee may amend the Annexes to the Agreement.\n(3)\nThe Appendix to this Decision contains amendments to Annexes I and II to the Agreement, which update relevant aspects of the original Annexes I and II that were agreed in 2015. It also provides for a provisional solution to operationalise the link between the EU ETS and the ETS of Switzerland.\n(4)\nIn accordance with section B of Annex I to the Agreement, the Union should, pursuant to Article 25a of Directive 2003/87/EC of the European Parliament and of the Council, as amended by Directive (EU) 2018/410 of the European Parliament and of the Council, exclude incoming flights from aerodromes situated in the territory of Switzerland from the scope of the EU ETS. This does not affect the coverage of aircraft operators by the EU ETS, which is based on Annex I to Directive 2003/87/EC which provides that the category of activities to which Directive 2003/87/EC applies includes all flights that arrive at, or depart from, an aerodrome situated in the territory of a Member State.\n(5)\nAnnex I to the Agreement should be reviewed in accordance with Article 13(7) of the Agreement with a view to maintaining the current compatibility of the EU ETS and the ETS of Switzerland for the trading period 2021-2030. It should be ensured that the revision of Annex I to the Agreement, as a minimum, preserves the integrity of the respective domestic emission reduction commitments of the Union and Switzerland and the integrity and orderly functioning of their carbon markets. Carbon leakage and distortion of competition between linked systems are to be avoided,\nHAS ADOPTED THIS DECISION:\nDone at …,\nFor the Joint Committee\nSecretary for the European Union\nThe Chair\nSecretary for Switzerland",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ EU L 322, 7.12.2017, p. 3."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ EU L 275, 25.10.2003, p. 32)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ EU L 76, 19.3.2018, p. 3)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/2106/attachment/1",
    "retrieved_at": "2026-11-01T15:12:29.044922+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}