배출권 거래 시스템 지침

4 단계 개정 (2021-2030)

유럽 ​​집행위원회 (European Commission)는 2015 년 7 월에 2020 년 이후 EU 배출권 거래 시스템 (EU ETS)을 개정하기위한 입법안을 제출했다.

이는 EU의 목표 인 2030 년 기후 및 에너지 정책 프레임 워크 및 파리 협약에 대한 기여의 일환으로 온실 가스 배출량을 2030 년까지 최소 40 %까지 감축하는 첫 번째 단계입니다.

배출 감축 속도를 높입니다.

적어도 40 % EU 목표를 달성하려면 ETS가 적용되는 부문이 2005 년 대비 43 %의 배출량을 감축해야합니다.

이를 위해 2021 년 이후 연평균 2.2 %의 배출 허용량이 감소 할 것으로 예상되는 반면 현재는 1.74 %에 달한다.

이는 영국의 연간 배출량에 상응하는 ETS에 의해 10 년 동안 약 5 억 6 천 6 백만 톤의 부문에서 추가적인 배출량 저감에 해당한다.

더 나은 목표 탄소 누출 규칙.

이 제안은 탄소 누출 위험을 해결하기 위해 예측 가능하고 강력하며 공정한 규칙을 개발합니다.

EU 외부로 생산을 이전 할 위험이 가장 높은 부문에 초점을 맞춘 자유 할당 시스템 수정 - 약 50 개 섹터 신규 및 증설 설치를위한 상당한 수의 무료 수당 무료 수당 양을보다 효과적으로 조정할 수있는보다 유연한 규정 생산 수치 업데이트 2008 년 이후의 기술 발전을 반영한 벤치 마크 업데이트.

2021-2030 년 기간 동안 약 63 억의 수당이 기업에 무료로 할당 될 것으로 예상됩니다.

저탄소 혁신 및 에너지 부문 근대화에 자금을 지원합니다.

산업 및 전력 부문이 저탄소 경제로의 전환에 따른 혁신 및 투자 문제를 해결할 수 있도록 지원 메커니즘이 수립 될 것입니다.

여기에는 두 가지 새로운 기금이 포함됩니다.

혁신 기금 - 산업 현대화 기금의 획기적인 혁신에 대한 혁신적인 기술 시연에 대한 기존 지원 확대 - 저소득 회원국 10 개국의 전력 부문 및 에너지 시스템 현대화 및 에너지 효율 향상에 대한 투자 촉진.

무료 수당은 또한 저소득 회원 국가의 에너지 부문을 현대화하기 위해 계속 사용할 수 있습니다.

이해 관계자 입력.

이해 관계자들은이 제안서 개발의 다양한 단계에 참여했습니다.

광범위한 상담이 2014 년에 진행되었습니다.

이러한 협의와 2030 년 EU 기후 정책 목표 분석에 이어 집행위원회는 영향 평가를 실시했다.

입법안은 유럽 의회, 평의회, 경제 사회위원회 및 지역위원회에 제출되어 일반 입법 절차에 따라 심의 될 예정입니다.

일반 대중은 입법안이 유럽 집행위원회에 채택 된 후 입법안에 대한 피드백을 제공 할 수있었습니다. 85 명의 이해 관계자로부터 의견을 받았고 요약본이 유럽 의회와 이사회에 제출되었습니다.

EU 배출권 거래 시스템 (EU ETS)

EU 배출권 거래 시스템은 설명했다.

EU 배출권 거래 시스템 (EU ETS)은 기후 변화에 대처하기위한 EU의 정책과 온실 가스 배출을 비용 효과적으로 줄이기위한 핵심 도구의 초석입니다. 그것은 세계 최초의 주요 탄소 시장이며 여전히 가장 큰 탄소 시장입니다.

31 개국 (모두 28 개 EU 국가와 아이슬란드, 리히텐슈타인 및 노르웨이)은 11,000 개 이상의 무거운 에너지 사용 시설 (발전소 및 산업 설비)에서 배출량을 제한하고 이들 국가간에 운영되는 항공사는 EU 온실 가스의 약 45 % 배출.

자세한 개요는 다음을 참조하십시오.

'모자와 무역'시스템.

EU ETS는 '상한 및 무역'원칙에 따라 작업합니다.

한도는 시스템에 의해 보호되는 시설에서 배출 될 수있는 특정 온실 가스의 총량으로 설정됩니다. 총 배출량이 감소하도록 시간이 지남에 따라 배출량이 감소합니다.

상한선 내에서 회사는 필요에 따라 서로 교역 할 수있는 배출권을 받거나 구입합니다. 그들은 또한 전세계의 배출 저감 사업으로부터 국제 신용을 제한적으로 구입할 수 있습니다. 이용 가능한 총 허용 한도의 한도로 인해 가치가 있음을 보장합니다.

해마다 회사는 모든 배출량을 충당하기 위해 충분한 수당을 내야하며, 그렇지 않으면 무거운 벌금이 부과됩니다. 회사가 배출량을 줄이면 예비 수당을 유지하여 미래의 필요를 충당하거나 수당이 부족한 다른 회사에 판매 할 수 있습니다.

Trading은 최소 비용으로 배출량을 줄이는 유연성을 제공합니다. 견고한 탄소 가격은 또한 깨끗하고 저탄소 기술에 대한 투자를 촉진합니다.

3 단계 (2013-2020)의 주요 기능

EU ETS는 현재 3 단계에 있으며 단계 1 및 2와는 크게 다릅니다.

주요 변경 사항은 다음과 같습니다.

이전의 전국 대두 시스템 대신에 EU 배출권 한도가 적용된다. 경매는 공짜 할당 대신 공제액을 할당하는 기본 방법이며, 공짜로 할당 된 공제액에 조화 된 할당 규칙이 적용된다. 가스에는 NER 300 프로그램을 통해 혁신 신 재생 에너지 기술 및 탄소 포집 및 저장 배치에 자금을 지원하는 신입 자 예비 (New Entrants Reserve)에 3 억 개의 수당이 포함되었습니다.

섹터와 가스가 덮였습니다.

이 시스템은 높은 정확도로 측정, 보고 및 검증 될 수있는 배출물에 중점을 둔 다음 분야 및 가스를 포함합니다.

철강 공장 및 철, 알루미늄, 금속, 시멘트, 석회, 유리, 세라믹, 펄프, 종이, 판지, 산 및 벌크 유기 화학 물의 생산을 포함한 전력 및 열 발생 에너지 집약 산업 분야의 이산화탄소 (CO2) 질산, 아 디프 산 및 글리 옥실 산 및 글리 옥살 퍼플 루오로 카본 (PFCs)의 생산으로 인한 상업용 아산화 질소 (N2O).

EU ETS 참여는이 부문의 기업에게는 필수적이지만,

일부 분야의 경우에만 특정 크기 이상의 공장 만 포함됩니다. 정부가 항공 부문에서 동일한 양의 배출량을 감축하는 재정 또는 기타 조치를 취하면 소규모 시설을 제외시킬 수 있습니다. EU ETS는 그 사이의 항공편에만 적용됩니다 유럽 ​​경제 지역 (EEA)에 위치한 공항.

배출 감축 제공.

EU ETS는 탄소에 가격을 매기고 탄소를 거래하면 효과가 있음을 증명했습니다. 계획의 설비에서의 배출량은 의도 한대로 감소하고 있으며, 3 단계 (2013 년) 시작 (2015 년 수치 참조)과 비교하여 약 5 % 정도 감소하고 있습니다.

2020 년에는 시스템이 차지하는 부문의 배출량이 2005 년보다 21 % 감소 할 것입니다.

탄소 시장 개발.

2005 년에 설립 된 EU ETS는 국제 탄소 거래의 4 분의 3 이상을 차지하는 세계 최초이자 최대 규모의 국제 배출권 거래 시스템입니다.

EU ETS는 또한 다른 국가 및 지역에서 배출권 거래의 발전을 고무하고 있습니다. EU는 EU ETS와 다른 호환 시스템을 연결하는 것을 목표로합니다.

주요 EU ETS 법안.

2013 년 4 월 30 일 - 유럽 의회와 이사회의 Directive 2003 / 87 / EC의 통합 버전으로 공동체 내의 온실 가스 배출 허용 거래 계획 수립 및 이사회 지침 96 / 61 / EC 23/04/2009 수정 - 지역 사회의 온실 가스 배출 허용량 거래 제도를 개선 및 확대하기 위해 2003 / 87 / EC 지침을 개정하는 유럽 의회와 이사회의 2009 / 29 / EC 지침 2009/11/19 - 2008 / 101 / EC의 Directive 2008 / 101 / EC 2004 년 10 월 27 일 - 유럽 의회의 2004 / 101 / EC Directive 2004 / 101 / EC의 Directive 2003 / 87 / EC를 개정하여 유럽 의회 내에서 온실 가스 배출 허용 거래를위한 항공 활동을 포함하는 유럽 의회와 이사회 이사회는 교토 의정서의 프로젝트 메카니즘과 관련하여 공동체 내에서 온실 가스 배출 허용 거래에 관한 계획을 수립하는 2003 / 87 / EC 지침을 개정 13/10/2003 - 유럽 의회와 EU의 지침 2003 / 87 / EC 공동체 내에서 온실 가스 배출 허용 거래를위한 계획을 수립하고 이사회 지침 96 / 61 / EC를 개정한다.

탄소 시장 보고서.

2011 년 1 월 23 일 - COM (2017) 693 - 유럽 탄소 시장의 기능에 관한보고 01/02/2017 - COM (2017) 48 - 유럽 탄소 시장의 기능에 관한 보고서 18/11/2015 - COM 2015) 576 - 유럽 탄소 시장의 기능에 관한 보고서 14/11/2012 - COM (2012) 652 - 2012 년 유럽의 탄소 시장 현황.

3 단계 EU ETS 개정.

2011 년 4 월 2 일 - 2011 년 2 월 4 일의 유럽 이사회 결론 (결론 23 및 24 참조) 18/03/2010 - EU ETS 지침 (항공 활동 제외)의 부속서 I에 대한 지침 18/03/2010 - 지침 기후 변화 및 에너지 패키지 채택에 관한 협의회 보도 자료 12/12/2008 - 유럽 이사회 의장단 결론 (2008 년 12 월 11 일과 12 월 12 일) 12/12/2008 - 유럽위원회 경매 수익 사용에 관한 성명서 23/01/2008 - 공동체의 온실 가스 배출 허용 거래 시스템을 개선하고 확장하기 위해 유럽 의회와 이사회가 지침 2003 / 87 / EC를 개정하는 지침의 제안 23 / 2008 년 1 월 - 위원회 직원 문서 - EU 온실 가스 배출 허용 거래 시스템을 개선하고 확장하기 위해 지침 2003 / 87 / EC를 개정하는 유럽 의회와 이사회 지침에 대한 제안서 첨부 문서 - 영향 평가.

이행.

04/07/2013 - 국제 신용 자격 결정에 관한 개정 된 초안 규칙 05/06/2013 - 국제 신용 증서 결정에 관한 초안 규칙 05/05/2013 2013 년 5 월 2 일의 Commission Regulation (EU) No. 389/2013에 따라 Union Registry 설립 유럽 ​​의회와 이사회의 2003 / 87 / EC 지침, Decisions No 280 / 2004 / EC 및 No 406 / 2009 / EC의 유럽 의회와 이사회 및 Commission Regulations (EU) No 920/2010을 폐지하고 아니오 1193/2011 EEA 관련성이있는 텍스트 18/11/2011 - 2013 / 1 / 1부터 시작하는 거래 기간과 이후의 거래 기간에 대한 EU 집행위원회 설립 지침 유럽 ​​의회와 유럽 의회 및 이사회의 결정 및 의사 결정 280 / 2004 / EC 및 개정 규칙 (EC) No 2216/2004 및 (EU) No 920/2010 - 아직 공식 저널 07 / 10/2010 - 위원회 Regul 유럽 ​​의회와 이사회의 2003 / 87 / EC 지침 및 유럽 의회와 이사회의 Decision No 280 / 2004 / EC에 따른 표준화되고 보안 된 레지스트리 시스템에 대한 920/2010 유럽 ​​의회 및 이사회의 2003 / 87 / EC 지침에 따라 표준화되고 보안 된 레지스트리 시스템에 대한 Commission Regulation (EC) No 994/2008 EU의 ETS와 노르웨이, 아이슬란드 및 리히텐슈타인을 연결하는 EEA 공동위원회 결정 No 146/2007 2011 년 12 월 31 일까지 적용 가능한 버전 - 유럽 의회와 이사회의 결정 No 280 / 2004 / EC - 2011 년 12 월 31 일까지 적용되는 버전 13 / 11 / 2006 - 유럽 의회와 이사회의 2003 / 87 / EC 지침에 따라 교토 의정서에 따른 사업 활동을위한 공동체 배출권 거래 제도에 따른 온실 가스 배출 감축에 대한 DOUBLE COUNTING 피하기에 관한위원회 결정 2006 / 780 / EC (n 문서 번호 C (2006) 5362에 의거 해) 2002 년 12 월 12 일 - 7 월 31 일자위원회 규정 (EC) No 916/2007에 의해 개정 된 표준화되고 안전한 등록 시스템에 대한 EC (Commission Regulation) 2216/2004의 통합 버전 2007 년 11 월 18 일 규정에 의한 변경 사항을 제외하고 2008 년 10 월 8 일의 Commission Regulation (EC) No 994/2008 및 2010 년 10 월 7 일의 Commission Regulation (EU) No 920/2010.

부가가치세 적용.

지침 2003 / 87 / EC의 입법 연혁.

위원회 제안 이전에 일하십시오.

08/2002 - COM (2000) 87 - 유럽 연합 집행위원회의 온실 가스 배출량 보고서 및 ECCP 실무 그룹 1의 결과 : 유연한 메커니즘 04/09/2001 - 의장 요약문 이해 관계자 자문 회의 기록 (Industry 1999 년 5 월 19 일 - COM (1999) 230 - 교토 의정서 이행을위한 준비 03/06/1998 - COM (1998) 353 - EU ETS의 EU 포스트 교토 전략 범위를 향한 기후 변화 : 07/2007 - EU 배출권 거래 시스템 내의 소규모 설비 - 2006 년 10 월 - EU 배출권 거래 시스템에 추가 활동 및 가스 추가 조화 및 예측 가능성 증대 : 12/2006 - 신규 진입 및 폐쇄에 대한 접근 10/2006 - EU에서의 CO2 배출권 경매 ETS 10/2006 - 할당 방법의 조화 12/2006 - 국제 경쟁력에 대한 보고서 EU ETS의 검토를위한 배출권 거래에 관한 ECCP 실무 그룹 15/06/2007 - 4th mee의 최종 보고서 2007 년 제 3 국의 배출권 거래 시스템 연계에 관한 협조 22/05/2007 - 추가 조화 및 예측 가능성에 관한 제 3 차 회의의 최종 보고서 26/04/2007 - 강력한 준수 및 시행에 관한 제 2 차 회의 최종 보고서 09/03/2007 - 지침의 범위에 관한 제 1 차 회의의 최종 보고서.

2001 년 10 월의 집행위원회 제안.

2002 년 2 월 22 일 - EC 배출권 거래 제안 (COM (2001) 581)과 IPPC Directive 23/10/2001 - COM (2001) 581 사이의 시너지 효과에 관한 비공식 문서 - 온실 가스 배출권 거래 지침 유럽 ​​공동체 내에서

위원회와 의회에서 제안서를 읽는 것에 대한위원회의 반응 (위원회의 공동 입장 포함)

18/07/2003 - COM (2003) 463 - 유럽 의회와 이사회의 지침에 관한 이사회의 공동 입장에 대한 유럽 의회 개정안에 대한위원회의 의견 20/06/2003 - COM (2003) 364 - 유럽 의회에서 온실 가스 배출 허용 거래에 관한 계획을 수립하고 이사회 지침 96 / 61 / EC 18/03/2003을 개정하는위원회의 지위에 관한 유럽 의회와의 커뮤니케이션 - EC ) No 28/2003 - 공동체 내에서 온실 가스 배출 허용 거래에 관한 계획 수립 및 이사회 지침 96 / 61 / EC 27/11/2002 수정 - COM (2002) 680 - 수정 된 제안 유럽 ​​의회와 이사회가 지 역 내에서 온실 가스 배출 허용량 거래 계획을 수립하고 이사회 지침 96 / 61 / EC를 개정 함.

모든 질문을 엽니 다.

개정 된 EU 배출권 거래 시스템에 관한 질문 및 답변 (2008 년 12 월)

배출권 거래의 목표는 무엇입니까?

EU 배출권 거래 시스템 (EU ETS)의 목표는 EU 회원국들이 온실 가스 배출량을 비용 효과적인 방법으로 제한하거나 줄이겠다는 약속을 달성하도록 돕는 것입니다. 참가 업체가 배출 허용량을 사고 팔 수 있다는 것은 배출량 삭감이 최소 비용으로 달성 될 수 있음을 의미합니다.

EU ETS는 EU의 기후 변화 대응 전략의 초석입니다. 그것은 세계 최초의 CO 2 배출권 거래 시스템으로 2005 년부터 운영되고 있습니다. 2008 년 1 월 현재, EU 27 개 회원국뿐만 아니라 유럽 경제 지역의 다른 3 개 회원국에도 적용됩니다 - 노르웨이, 아이슬란드 및 리히텐슈타인. 현재 EU의 CO2 배출량의 절반에 가까운 부분과 총 온실 가스 배출량의 40 %를 공동으로 담당하는 에너지 및 산업 부문의 설치량은 10,000 개가 넘습니다. 2008 년 7 월에 합의 된 EU ETS Directive에 대한 개정안은 2012 년부터 항공 분야를 시스템으로 가져올 것입니다.

배출권 거래는 어떻게 이루어 집니까?

EU ETS는 '배출권 거래'시스템으로, 허용되는 전체 배출 수준을 제한하지만 그 한도 내에서 시스템 참여자는 필요에 따라 수당을 사고 팔 수 있습니다. 이러한 수당은 시스템의 중심에있는 일반적인 거래 '통화'입니다. 하나의 수당은 소유자에게 1 톤의 이산화탄소 또는 동등한 양의 다른 온실 가스를 방출 할 권리를 부여합니다. 총 수당의 한도는 시장에 희소성을 창출합니다.

이 계획에 따른 첫 번째 및 두 번째 거래 기간에 회원국은 ETS 배출량의 총 수준과 각 국가의 배출 허용량을 결정하는 국가 할당 계획 (NAP)을 작성해야했습니다. 해마다 설치물은 배출량과 동일한 허용량을 내야합니다. 배출량을 허용 수준 이하로 유지하는 회사는 초과 수당을 판매 할 수 있습니다. 탄소 배출량을 줄이는 데 어려움을 겪고있는 사람들은보다 효율적인 기술에 투자하거나 탄소 집약적 인 에너지 자원을 덜 사용하는 것과 같이 자신의 배출량을 줄이기위한 조치를 취하거나 시장에서 필요로하는 추가 수당을 구입할 수있는 선택을합니다 , 또는이 둘의 조합을 포함 할 수있다. 그러한 선택은 상대적 비용에 의해 결정될 것 같다. 이런 식으로 배출 가스가 가장 비용 효율적으로 감소됩니다.

EU ETS는 얼마 동안 운영되고 있습니까?

EU ETS는 2005 년 1 월 1 일에 시작되었습니다. 첫 거래 기간은 2007 년 말까지 3 년 동안 진행되었으며 중요한 두 번째 거래 기간을 준비하기 위해 '수행함으로써 학습'단계였습니다. 두 번째 교역 기간은 2008 년 1 월 1 일에 시작되어 2012 년 말까지 5 년간 운영됩니다. 두 번째 교역 기간의 중요성은 교토 의정서의 첫 번째 공약 기간과 일치한다는 사실에서 비롯됩니다. EU와 기타 선진국들은 온실 가스 배출을 제한하거나 줄이기 위해 목표를 달성해야한다. 두 번째 무역 기간 동안 EU ETS 배출량은 EU 전체와 회원국이 개별적으로 교토 의정서를 이행 할 수 있도록 2005 년 수준보다 약 6.5 % 가량 낮았다.

지금까지 경험으로 얻은 교훈은 무엇입니까?

EU ETS는 탄소 가격을 책정하여 온실 가스 배출량 거래가 효과가 있음을 입증했습니다. 첫 번째 무역 기간은 EU 전역의 배출 허용량에 대한 자유 무역을 성공적으로 수립하고 필요한 인프라를 구축하고 역동적 인 탄소 시장을 개발했습니다. 일부 회원국과 일부 부문에서 EU ETS 하에서 검증 된 배출량 자료가 이용 가능해질 때까지 배출 전망에 의존하기 때문에 과도한 수당 할당으로 인해 1 단계의 환경 편익이 제한 될 수있다. 2005 년에 검증 된 배출량 자료를 발표했을 때이 "초과 분배"가 강조되었을 때, 시장은 용돈의 시장 가격을 낮춤으로써 예상대로 반응했다. 확인 된 배출 자료의 이용 가능성은위원회가 제 2 단계에서의 국가 배정에 대한 상한이 실제 배출 감축을 가져 오는 수준으로 설정되도록 보장했다.

검증 된 데이터에 대한 필요성을 강조하는 것 외에도 EU의 ETS 내에서의보다 큰 조화는 EU가 적어도 비용 및 최소한의 경쟁 왜곡으로 배출 감축 목표를 달성하는 것을 보장하기 위해 필수적입니다. 더 많은 조화를위한 필요성은 전반적인 배출 허용 한도가 어떻게 설정되는지에 관해서는 가장 명확하다.

처음 두 거래 기간은 설비에 대한 할당량을 할당하는 국가 별 방법이 국내 시장에서의 공정한 경쟁을 위협한다는 점을 보여줍니다. 또한 시스템의 범위, EU 외부의 배출 감축 사업에서 얻은 크레딧에 대한 접근, 다른 곳의 배출권 거래 시스템과 EU ETS를 연결하기위한 조건 및 모니터링, 검증 및 조정과 관련하여 더 큰 조화, 명확화 및 개선이 필요하다. 보고 요구 사항.

EU ETS의 주요 변경 사항은 무엇이며 언제 적용됩니까?

2013 년 1 월과 같은 3 번째 거래 기간에 합의 된 설계 변경 사항이 적용됩니다. 준비 작업이 즉시 시작되지만 규정 준수가 유지되도록 2013 년 1 월까지 적용 가능한 규칙이 변경되지 않습니다.

제 3 기 EU ETS는보다 효율적이고 조화로운 시스템이 될 것입니다.

효율성 증대는 거래 기간이 길어지면 (5 년 대신 8 년), 연간 배출량 상한선 감소 (2005 년 대비 2020 년 21 % 감소) 및 경매 금액이 크게 증가 2 단계에서 4 %, 3 단계에서 절반 이상.

cap-setting (1 단계와 2 단계에서 전국 대문자가 아닌 EU 와이드 캡)과 과도기적 자유 할당에 관한 규정을 포함하여 많은 분야에서보다 많은 조화가 합의되었다.

시스템의 공정성은 산업 설비에 대한 EU 전역의 자유 할당 규칙으로의 이동과 신입 회원국이 더 많은 수당을 경매 할 수있는 재분배 메커니즘의 도입으로 실질적으로 증가했다.

마지막 텍스트는 초기위원회 제안과 어떻게 비교됩니까?

2007 년 봄 유럽 이사회에서 합의한 기후 및 에너지 목표는 유지되었으며 EU ETS에 대한위원회의 제안의 전반적인 아키텍처는 그대로 유지됩니다. 즉, 배출권 수에 대해 EU 차원에서 하나의 상한선이있을 것이며, 이 상한선은 선형 추세선을 따라 매년 감소 할 것이며 이는 2013 년 -2020 년 3 차 거래가 끝날 때까지 계속 될 것입니다. 제안과 비교 된 주요 차이점은 수당 경매가 더 천천히 단계적으로 이루어질 것이라는 점입니다.

위원회의 제안과 비교 된 주요 변경 사항은 무엇입니까?

요약하면 제안에 대한 주요 변경 사항은 다음과 같습니다.

특정 회원국은 2013 년 현재 전기 요금을 무료로 할당 할 수 없다는 규칙을 선택적으로 일시적으로 철회 할 수있다. 이 회유 옵션은 전기의 상호 연결성과 관련된 특정 조건을 충족하는 회원국에게 제공된다 그리드, 전기 생산에서의 단일 화석 연료 점유율, EU-27 평균과 관련한 GDP / capita를 포함한다. 또한, 회원국이 발전소에 할당 할 수있는 무상 수당의 양은 1 단계에서 관련 플랜트의 이산화탄소 배출량의 70 %로 제한되고 그 이후에는 감소합니다. 또한 3 단계의 무료 할당은 2008 년 말까지 운영 또는 건설중인 발전소에만 제공 될 수 있습니다. 아래 질문 15에 대한 회신을 참조하십시오. 탄소 누출의 중대한 위험에 노출 될 것으로 여겨지는 부문 또는 하위 부문을 결정하는 데 사용되는 기준에 관한 지침에 더 많은 세부 사항이 있으며위원회의 해당 부문 목록의 발행일이 더 빨라진다 (12 월 31 일) 2009). 또한 만족스러운 국제 협약에 도달했을 때 검토를 거쳐 노출 된 모든 산업의 설비는 가장 효율적인 기술을 사용하는 범위까지 100 % 무료 수당을 받게됩니다. 산업에 대한 무상 할당은 2005 년에서 2007 년까지 총 배출량에서 이들 산업의 배출량의 비율로 제한됩니다. 산업 부문의 설치에 무료로 할당되는 총 허용량은 배출량 상한선 감소와 함께 매년 감소 할 것입니다. 회원국은 또한 CO 2 비용이 탄소 누출의 위험에 노출 될 수있는 경우 전기 가격으로 전달되는 이산화탄소 비용에 대한 특정 시설을 보상 할 수 있습니다. 위원회는 이와 관련하여 환경 보호를위한 주정부 지원에 관한 공동체 지침을 수정하려고 노력했다. 아래 질문 15에 대한 회신을보십시오. 비공개 산업에 대한 경매 허용 수준은위원회가 제안한 바와 같이 선형 적으로 증가 할 것이지만, 2020 년까지 100 %에 도달하는 대신 70 %에이를 것이며 2027 년까지 100 %에 도달 할 전망이다. 위원회의 제안에 따르면 경매 허용 여력의 10 %는 1 인당 소득이있는 회원국에서 1 인당 소득이 낮은 회원국으로 재분배되어 후자가 기후 친화적 인 기술에 투자하도록 재정적 능력을 강화할 것이다. 2005 년에 교토 의정서가 정한 기준 연도에 비해 온실 가스 배출량을 최소한 20 % 감축 한 회원국을 고려한 경매 허용 비율의 2 % 재분배 메커니즘에 대한 조항이 추가되었습니다. 회원국들이 주로 EU 내 기후 변화에 맞서 싸우고 적응하기 위해 권장하는 경매 수입의 비율은 개발 도상국에서 20 %에서 50 %로 상향 조정됩니다. 이 텍스트는 해당 기간 동안 할당 및 액세스와 관련하여 해당 크레딧을 가져오고 사용하는 가장 낮은 예산을받은 기존 운영자에 대해 20 % 시나리오에서 제안 된 JI / CDM 크레디트 사용의 허용 된 수준까지의 상향 조정을 제공합니다 2008-2012. 새로운 분야, 기간 2013-2020 년 및 2008-2012 년에있는 신입자는 또한 신용을 이용할 수있을 것이다. 그러나 사용될 수있는 총 크레딧 금액은 2008 년과 2020 년 사이의 감축 량의 50 %를 초과하지 않을 것입니다. 만족스러운 국제 협정의 맥락에서보다 엄격한 배출 감축 량을 감안할 때위원회는 CER 및 ERU에 대한 추가 액세스를 허용 할 수 있습니다 커뮤니티 스킴의 운영자에게 적합합니다. 아래 20 번 질문에 대한 회신을보십시오. 신규 진입자 보호 지역에서 3 억회의 경비를 경매하는 수익금은 최대 12 개의 탄소 포집 및 저장 시범 프로젝트와 혁신적인 신 재생 에너지 기술을 시연하는 프로젝트를 지원하는 데 사용될 것입니다. 이 자금 조달 메커니즘에는 여러 가지 조건이 붙어 있습니다. 아래 질문 30에 대한 회신을보십시오. 소규모 연소 설비를 차단하는 방안이 동등한 조치가 취해진다면, 소규모 설비를 모든 활동에 관계없이 확대 적용 할 수 있으며, 배출 임계 값은 1 년에 10,000 ~ 25,000 톤의 CO2를 증가시키고, 연소 설비가 추가적으로 25MW에서 35MW로 증가되어야한다. 이러한 임계치가 증가함에 따라 잠재적으로 배출권 거래 시스템에서 제외 될 수있는 배출량의 비율이 상당 해지며 결과적으로 EU 전체의 배출량 상한선을 감축하는 조항이 추가되었다.

여전히 국가 배정 계획 (NAPs)이 있습니까?

아니오. NAPs에서 첫 번째 (2005-2007) 및 두 번째 (2008-2012) 거래 기간 동안 회원국은 발행 할 수당 총액 (총액)과 해당 시설에 대한 할당 방법을 결정했습니다. 이 접근법은 각 회원국이 자체 산업을 선호하는 인센티브를 창출하고, 할당 규칙에 중대한 차이를 가져 왔으며, 매우 복잡하게되었습니다.

세 번째 거래 기간부터는 단일 EU 전체 한도가 생기고 수당은 조화 된 규칙에 따라 배정 될 것입니다. 그러므로 국가 할당 계획은 더 이상 필요하지 않을 것이다.

어떻게 3 단계의 배출권 규제가 결정될 것인가?

EU 전체 상한선을 계산하는 규칙은 다음과 같습니다.

2013 년부터 연간 총 수당은 선형 적으로 감소 할 것입니다. 이 라인의 출발점은 회원국이 2013 년부터 시스템의 범위를 확대하여 조정 한 2008-12 기간 동안 회원국이 발행하는 총 허용량 (2 단계 상한선)의 평균 총량과 회원 국가는 제외하도록 선택했습니다. 연간 금액이 감소 할 선형 요인은 2 단계 상한과 관련하여 1.74 %입니다.

1.74 %의 선형 인자를 결정하기위한 출발점은 1990 년 대비 20 %의 온실 가스 감축이며 이는 2005 년에 비해 14 % 감소한 것과 같습니다. EU ETS는 EU ETS에 비해 더 큰 감축이 필요합니다. ETS 분야에서 배출량을 줄이기 위해 더 싸게. 전반적인 감축 비용을 최소화하는 부문은 다음과 같습니다 :

2020 년까지 EU ETS 부문 배출량이 2005 년 대비 21 % 감소합니다. EU ETS의 적용을받지 않는 분야의 경우 2005 년에 비해 약 10 %의 감소를 보였다.

2020 년의 21 % 감축은 2020 년 최대 1720 백만 배당의 ETS 상한선을 가져오고, 1846 년의 평균 공제 금액 (2013 년에서 2020 년까지)과 2 단계 상한선 대비 11 % 감축을 의미합니다.

모든 절대 수치는 두 번째 거래 기간 시작 시점의 보상 범위에 해당하므로 2012 년에 추가 될 항공 및 3 단계에서 추가 될 기타 부문을 고려하지 않습니다.

3 단계의 연간 배출량 상한에 대한 최종 수치는 2010 년 9 월 30 일까지위원회가 결정하고 발표 할 예정이다.

3 단계 이상의 배출량 산정 방법은 어떻게 결정됩니까?

3 단계 상한선을 결정하는 데 사용 된 1.74 %의 선형 요인은 2020 년에 거래 기간이 끝나기까지 계속 적용될 것이며 4 번째 거래 기간 (2021 년에서 2028 년)까지의 기간을 결정하게됩니다. 늦어도 2025 년까지 개정 될 수 있습니다. 사실 세계 평균 기온 상승을 산업화 이전 수준보다 2 ℃ 이상으로 제한하는 전략적 목표를 달성하기 위해서는 1990 년 대비 60 % -80 %의 상당한 배출량 감소가 2050 년까지 필요합니다.

배출권에 대한 EU 차원의 상한선은 각 개별 연도별로 결정될 것입니다. 해당 설비의 유연성이 감소 할 것인가?

아니요. 설치 유연성은 전혀 줄어들지 않습니다. 매년 2 월 28 일까지 관할 당국은 경매 및 배포 할 수당을 발행해야합니다. 수당을내는 마지막 날은 배출이 발생한 연도의 다음 해 4 월 30 일입니다. 그래서 운영자는 전년도에 대한 배출량을 충당하기 위해 용돈을 상환해야하기 전에 당해 연도에 대한 용돈을받습니다. 수당은 거래 기간 동안 유효하게 유지되며 이후 잉여 수당은 이후 거래 기간에 사용하기 위해 "뱅킹"될 수 있습니다. 이 점에서 아무것도 변하지 않을 것입니다.

이 시스템은 거래 기간을 기반으로 유지되지만, 3 차 거래 기간은 2008 년에서 2012 년까지의 두 번째 단계에서 5 년이 아니라 2013 년에서 2020 년까지 8 년 동안 지속됩니다.

두 번째 거래 기간 동안 회원국은 일반적으로 매년 동일한 총 수당을 할당하기로 결정했다. 2013 년부터 매년 감소하는 선형 적 감소는 해당 기간에 예상되는 배출량 경향에 더 잘 부합 할 것입니다.

2013 년에서 2020 년 사이의 잠정 ETS 총액은 얼마입니까?

잠정 연간 cap 수치는 다음과 같습니다.

These figures are based on the scope of the ETS as applicable in phase 2 (2008 to 2012), and the Commission's decisions on the national allocation plans for phase 2, amounting to 2083 million tonnes. These figures will be adjusted for several reasons. Firstly, adjustment will be made to take into account the extensions of the scope in phase 2, provided that Member States substantiate and verify their emissions accruing from these extensions. Secondly, adjustment will be made with respect to further extensions of the scope of the ETS in the third trading period. Thirdly, any opt-out of small installations will lead to a corresponding reduction of the cap. Fourthly, the figures do not take account of the inclusion of aviation, nor of emissions from Norway, Iceland and Liechtenstein.

Will allowances still be allocated for free?

예. Industrial installations will receive transitional free allocation. And in those Member States that are eligible for the optional derogation, power plants may, if the Member State so decides, also receive free allowances. It is estimated that at least half of the available allowances as of 2013 will be auctioned.

While the great majority of allowances has been allocated free of charge to installations in the first and second trading periods, the Commission proposed that auctioning of allowances should become the basic principle for allocation. This is because auctioning best ensures the efficiency, transparency and simplicity of the system and creates the greatest incentive for investments in a low-carbon economy. It best complies with the “polluter pays principle” and avoids giving windfall profits to certain sectors that have passed on the notional cost of allowances to their customers despite receiving them for free.

How will allowances be handed out for free?

By 31 December 2010, the Commission will adopt EU-wide rules, which will be developed under a committee procedure (“Comitology”). These rules will fully harmonise allocations and thus all firms across the EU with the same or similar activities will be subject to the same rules. The rules will ensure as far as possible that the allocation promotes carbon-efficient technologies. The adopted rules provide that to the extent feasible, allocations are to be based on so-called benchmarks, e. g. a number of allowances per quantity of historical output. Such rules reward operators that have taken early action to reduce greenhouse gases, better reflect the polluter pays principle and give stronger incentives to reduce emissions, as allocations would no longer depend on historical emissions. All allocations are to be determined before the start of the third trading period and no ex-post adjustments will be allowed.

Which installations will receive free allocations and which will not? How will negative impacts on competitiveness be avoided?

Taking into account their ability to pass on the increased cost of emission allowances, full auctioning is the rule from 2013 onwards for electricity generators. However, Member States who fulfil certain conditions relating to their interconnectivity or their share of fossil fuels in electricity production and GDP per capita in relation to the EU-27 average, have the option to temporarily deviate from this rule with respect to existing power plants. The auctioning rate in 2013 is to be at least 30% in relation to emissions in the first period and has to increase progressively to 100% no later than 2020. If the option is applied, the Member State has to undertake to invest in improving and upgrading of the infrastructure, in clean technologies and in diversification of their energy mix and sources of supply for an amount to the extent possible equal to the market value of the free allocation.

In other sectors, allocations for free will be phased out progressively from 2013, with Member States agreeing to start at 20% auctioning in 2013, increasing to 70% auctioning in 2020 with a view to reaching 100% in 2027. However, an exception will be made for installations in sectors that are found to be exposed to a significant risk of 'carbon leakage'. This risk could occur if the EU ETS increased production costs so much that companies decided to relocate production to areas outside the EU that are not subject to comparable emission constraints. The Commission will determine the sectors concerned by 31 December 2009. To do this, the Commission will assess inter alia whether the direct and indirect additional production costs induced by the implementation of the ETS Directive as a proportion of gross value added exceed 5% and whether the total value of its exports and imports divided by the total value of its turnover and imports exceeds 10%. If the result for either of these criteria exceeds 30%, the sector would also be considered to be exposed to a significant risk of carbon leakage. Installations in these sectors would receive 100% of their share in the annually declining total quantity of allowances for free. The share of these industries' emissions is determined in relation to total ETS emissions in 2005 to 2007.

CO 2 costs passed on in electricity prices could also expose certain installations to the risk of carbon leakage. In order to avoid such risk, Member States may grant a compensation with respect to such costs. In the absence of an international agreement on climate change, the Commission has undertaken to modify the Community guidelines on state aid for environmental protection in this respect.

Under an international agreement which ensures that competitors in other parts of the world bear a comparable cost, the risk of carbon leakage may well be negligible. Therefore, by 30 June 2010, the Commission will carry out an in-depth assessment of the situation of energy-intensive industry and the risk of carbon leakage, in the light of the outcome of the international negotiations and also taking into account any binding sectoral agreements that may have been concluded. The report will be accompanied by any proposals considered appropriate. These could potentially include maintaining or adjusting the proportion of allowances received free of charge to industrial installations that are particularly exposed to global competition or including importers of the products concerned in the ETS.

Who will organise the auctions and how will they be carried out?

Member States will be responsible for ensuring that the allowances given to them are auctioned. Each Member State has to decide whether it wants to develop its own auctioning infrastructure and platform or whether it wants to cooperate with other Member States to develop regional or EU-wide solutions. The distribution of the auctioning rights to Member States is largely based on emissions in phase 1 of the EU ETS, but a part of the rights will be redistributed from richer Member States to poorer ones to take account of the lower GDP per head and higher prospects for growth and emissions among the latter. It is still the case that 10% of the rights to auction allowances will be redistributed from Member States with high per capita income to those with low per capita income in order to strengthen the financial capacity of the latter to invest in climate friendly technologies. However, a provision has been added for another redistributive mechanism of 2% to take into account Member States which in 2005 had achieved a reduction of at least 20% in greenhouse gas emissions compared with the reference year set by the Kyoto Protocol. Nine Member States benefit from this provision.

Any auctioning must respect the rules of the internal market and must therefore be open to any potential buyer under non-discriminatory conditions. By 30 June 2010, the Commission will adopt a Regulation (through the comitology procedure) that will provide the appropriate rules and conditions for ensuring efficient, coordinated auctions without disturbing the allowance market.

How many allowances will each Member State auction and how is this amount determined?

All allowances which are not allocated free of charge will be auctioned. A total of 88% of allowances to be auctioned by each Member State is distributed on the basis of the Member State's share of historic emissions under the EU ETS. For purposes of solidarity and growth, 12% of the total quantity is distributed in a way that takes into account GDP per capita and the achievements under the Kyoto-Protocol.

Which sectors and gases are covered as of 2013?

The ETS covers installations performing specified activities. Since the start it has covered, above certain capacity thresholds, power stations and other combustion plants, oil refineries, coke ovens, iron and steel plants and factories making cement, glass, lime, bricks, ceramics, pulp, paper and board. As for greenhouse gases, it currently only covers carbon dioxide emissions, with the exception of the Netherlands, which has opted in emissions from nitrous oxide.

As from 2013, the scope of the ETS will be extended to also include other sectors and greenhouse gases. CO 2 emissions from petrochemicals, ammonia and aluminium will be included, as will N2O emissions from the production of nitric, adipic and glyocalic acid production and perfluorocarbons from the aluminium sector. The capture, transport and geological storage of all greenhouse gas emissions will also be covered. These sectors will receive allowances free of charge according to EU-wide rules, in the same way as other industrial sectors already covered.

As of 2012, aviation will also be included in the EU ETS.

Will small installations be excluded from the scope?

A large number of installations emitting relatively low amounts of CO 2 are currently covered by the ETS and concerns have been raised over the cost-effectiveness of their inclusion. As from 2013, Member States will be allowed to remove these installations from the ETS under certain conditions. The installations concerned are those whose reported emissions were lower than 25 000 tonnes of CO 2 equivalent in each of the 3 years preceding the year of application. For combustion installations, an additional capacity threshold of 35MW applies. In addition Member States are given the possibility to exclude installations operated by hospitals. The installations may be excluded from the ETS only if they will be covered by measures that will achieve an equivalent contribution to emission reductions.

How many emission credits from third countries will be allowed?

For the second trading period, Member States allowed their operators to use significant quantities of credits generated by emission-saving projects undertaken in third countries to cover part of their emissions in the same way as they use ETS allowances. The revised Directive extends the rights to use these credits for the third trading period and allows a limited additional quantity to be used in such a way that the overall use of credits is limited to 50% of the EU-wide reductions over the period 2008-2020. For existing installations, and excluding new sectors within the scope, this will represent a total level of access of approximately 1.6 billion credits over the period 2008-2020. In practice, this means that existing operators will be able to use credits up to a minimum of 11% of their allocation during the period 2008-2012, while a top-up is foreseen for operators with the lowest sum of free allocation and allowed use of credits in the 2008-2012 period. New sectors and new entrants in the third trading period will have a guaranteed minimum access of 4.5% of their verified emissions during the period 2013-2020. For the aviation sector, the minimum access will be 1.5%. The precise percentages will be determined through comitology.

These projects must be officially recognised under the Kyoto Protocol’s Joint Implementation (JI) mechanism (covering projects carried out in countries with an emissions reduction target under the Protocol) or Clean Development Mechanism (CDM) (for projects undertaken in developing countries). Credits from JI projects are known as Emission Reduction Units (ERUs) while those from CDM projects are called Certified Emission Reductions (CERs).

On the quality side only credits from project types eligible for use in the EU trading scheme during the period 2008-2012 will be accepted in the period 2013-2020. Furthermore, from 1 January 2013 measures may be applied to restrict the use of specific credits from project types. Such a quality control mechanism is needed to assure the environmental and economic integrity of future project types.

To create greater flexibility, and in the absence of an international agreement being concluded by 31 December 2009, credits could be used in accordance with agreements concluded with third countries. The use of these credits should however not increase the overall number beyond 50% of the required reductions. Such agreements would not be required for new projects that started from 2013 onwards in Least Developed Countries.

Based on a stricter emissions reduction in the context of a satisfactory international agreement , additional access to credits could be allowed, as well as the use of additional types of project credits or other mechanisms created under the international agreement. However, once an international agreement has been reached, from January 2013 onwards only credits from projects in third countries that have ratified the agreement or from additional types of project approved by the Commission will be eligible for use in the Community scheme.

Will it be possible to use credits from carbon ‘sinks’ like forests?

No. Before making its proposal, the Commission analysed the possibility of allowing credits from certain types of land use, land-use change and forestry (‘LULUCF’) projects which absorb carbon from the atmosphere. It concluded that doing so could undermine the environmental integrity of the EU ETS, for the following reasons:

LULUCF projects cannot physically deliver permanent emissions reductions. Insufficient solutions have been developed to deal with the uncertainties, non-permanence of carbon storage and potential emissions 'leakage' problems arising from such projects. The temporary and reversible nature of such activities would pose considerable risks in a company-based trading system and impose great liability risks on Member States. The inclusion of LULUCF projects in the ETS would require a quality of monitoring and reporting comparable to the monitoring and reporting of emissions from installations currently covered by the system. This is not available at present and is likely to incur costs which would substantially reduce the attractiveness of including such projects. The simplicity, transparency and predictability of the ETS would be considerably reduced. Moreover, the sheer quantity of potential credits entering the system could undermine the functioning of the carbon market unless their role were limited, in which case their potential benefits would become marginal.

The Commission, the Council and the European Parliament believe that global deforestation can be better addressed through other instruments. For example, using part of the proceeds from auctioning allowances in the EU ETS could generate additional means to invest in LULUCF activities both inside and outside the EU, and may provide a model for future expansion. In this respect the Commission has proposed to set up the Global Forest Carbon Mechanism that would be a performance-based system for financing reductions in deforestation levels in developing countries.

Besides those already mentioned, are there other credits that could be used in the revised ETS?

예. Projects in EU Member States which reduce greenhouse gas emissions not covered by the ETS could issue credits. These Community projects would need to be managed according to common EU provisions set up by the Commission in order to be tradable throughout the system. Such provisions would be adopted only for projects that cannot be realised through inclusion in the ETS. The provisions will seek to ensure that credits from Community projects do not result in double-counting of emission reductions nor impede other policy measures to reduce emissions not covered by the ETS, and that they are based on simple, easily administered rules.

Are there measures in place to ensure that the price of allowances won't fall sharply during the third trading period?

A stable and predictable regulatory framework is vital for market stability. The revised Directive makes the regulatory framework as predictable as possible in order to boost stability and rule out policy-induced volatility. Important elements in this respect are the determination of the cap on emissions in the Directive well in advance of the start of the trading period, a linear reduction factor for the cap on emissions which continues to apply also beyond 2020 and the extension of the trading period from 5 to 8 years. The sharp fall in the allowance price during the first trading period was due to over-allocation of allowances which could not be “banked” for use in the second trading period. For the second and subsequent trading periods, Member States are obliged to allow the banking of allowances from one period to the next and therefore the end of one trading period is not expected to have any impact on the price.

A new provision will apply as of 2013 in case of excessive price fluctuations in the allowance market. If, for more than six consecutive months, the allowance price is more than three times the average price of allowances during the two preceding years on the European market, the Commission will convene a meeting with Member States. If it is found that the price evolution does not correspond to market fundamentals, the Commission may either allow Member States to bring forward the auctioning of a part of the quantity to be auctioned, or allow them to auction up to 25% of the remaining allowances in the new entrant reserve.

The price of allowances is determined by supply and demand and reflects fundamental factors like economic growth, fuel prices, rainfall and wind (availability of renewable energy) and temperature (demand for heating and cooling) etc. A degree of uncertainty is inevitable for such factors. The markets, however, allow participants to hedge the risks that may result from changes in allowances prices.

Are there any provisions for linking the EU ETS to other emissions trading systems?

예. One of the key means to reduce emissions more cost-effectively is to enhance and further develop the global carbon market. The Commission sees the EU ETS as an important building block for the development of a global network of emission trading systems. Linking other national or regional cap-and-trade emissions trading systems to the EU ETS can create a bigger market, potentially lowering the aggregate cost of reducing greenhouse gas emissions. The increased liquidity and reduced price volatility that this would entail would improve the functioning of markets for emission allowances. This may lead to a global network of trading systems in which participants, including legal entities, can buy emission allowances to fulfil their respective reduction commitments.

The EU is keen to work with the new US Administration to build a transatlantic and indeed global carbon market to act as the motor of a concerted international push to combat climate change.

While the original Directive allows for linking the EU ETS with other industrialised countries that have ratified the Kyoto Protocol, the new rules allow for linking with any country or administrative entity (such as a state or group of states under a federal system) which has established a compatible mandatory cap-and-trade system whose design elements would not undermine the environmental integrity of the EU ETS. Where such systems cap absolute emissions, there would be mutual recognition of allowances issued by them and the EU ETS.

What is a Community registry and how does it work?

Registries are standardised electronic databases ensuring the accurate accounting of the issuance, holding, transfer and cancellation of emission allowances. As a signatory to the Kyoto Protocol in its own right, the Community is also obliged to maintain a registry. This is the Community Registry, which is distinct from the registries of Member States. Allowances issued from 1 January 2013 onwards will be held in the Community registry instead of in national registries.

Will there be any changes to monitoring, reporting and verification requirements?

The Commission will adopt a new Regulation (through the comitology procedure) by 31 December 2011 governing the monitoring and reporting of emissions from the activities listed in Annex I of the Directive. A separate Regulation on the verification of emission reports and the accreditation of verifiers should specify conditions for accreditation, mutual recognition and cancellation of accreditation for verifiers, and for supervision and peer review as appropriate.

What provision will be made for new entrants into the market?

Five percent of the total quantity of allowances will be put into a reserve for new installations or airlines that enter the system after 2013 (“new entrants”). The allocations from this reserve should mirror the allocations to corresponding existing installations.

A part of the new entrant reserve, amounting to 300 million allowances, will be made available to support the investments in up to 12 demonstration projects using the carbon capture and storage technology and demonstration projects using innovative renewable energy technologies. There should be a fair geographical distribution of the projects.

In principle, any allowances remaining in the reserve shall be distributed to Member States for auctioning. The distribution key shall take into account the level to which installations in Member States have benefited from this reserve.

What has been agreed with respect to the financing of the 12 carbon capture and storage demonstration projects requested by a previous European Council?

The European Parliament's Environment Committee tabled an amendment to the EU ETS Directive requiring allowances in the new entrant reserve to be set aside in order to co-finance up to 12 demonstration projects as requested by the European Council in spring 2007. This amendment has later been extended to include also innovative renewable energy technologies that are not commercially viable yet. Projects shall be selected on the basis of objective and transparent criteria that include requirements for knowledge sharing. Support shall be given from the proceeds of these allowances via Member States and shall be complementary to substantial co-financing by the operator of the installation. No project shall receive support via this mechanism that exceeds 15% of the total number of allowances (i. e. 45 million allowances) available for this purpose. The Member State may choose to co-finance the project as well, but will in any case transfer the market value of the attributed allowances to the operator, who will not receive any allowances.

A total of 300 million allowances will therefore be set aside until 2015 for this purpose.

What is the role of an international agreement and its potential impact on EU ETS?

When an international agreement is reached, the Commission shall submit a report to the European Parliament and the Council assessing the nature of the measures agreed upon in the international agreement and their implications, in particular with respect to the risk of carbon leakage. On the basis of this report, the Commission shall then adopt a legislative proposal amending the present Directive as appropriate.

For the effects on the use of credits from Joint Implementation and Clean Development Mechanism projects, please see the reply to question 20.

What are the next steps?

Member States have to bring into force the legal instruments necessary to comply with certain provisions of the revised Directive by 31 December 2009. This concerns the collection of duly substantiated and verified emissions data from installations that will only be covered by the EU ETS as from 2013, and the national lists of installations and the allocation to each one. For the remaining provisions, the national laws, regulations and administrative provisions only have to be ready by 31 December 2012.

The Commission has already started the work on implementation. For example, the collection and analysis of data for use in relation to carbon leakage is ongoing (list of sectors due end 2009). Work is also ongoing to prepare the Regulation on timing, administration and other aspects of auctioning (due by June 2010), the harmonised allocation rules (due end 2010) and the two Regulations on monitoring and reporting of emissions and verification of emissions and accreditation of verifiers (due end 2011).

EU Emissions Trading Scheme (EU ETS)

Guide to the EU Emissions Trading Scheme (EU ETS) and its impact on business.

Content last updated: November 2013.

The EU ETS - also known as the European Union Emissions Trading Scheme - puts a cap on the carbon dioxide (CO2) emitted by business and creates a market and price for carbon allowances. It covers 45% of EU emissions, including energy intensive sectors and approximately 12,000 installations.

See further details below on:

The EU ETS: Phase II (2008-2012)

Phase II of the EU ETS ran from from 2008-2012 (the commitment period of the Kyoto Protocol). During this phase, every EU member state:

Developed a National Allocation Plan (NAP) Member State proposed a limit ('cap') on total emissions from relevant installations The plans were approved by the European Commission, in many cases after some revision. Distributed Allowances The 'Cap' was converted into allowances, known as EUAs (1 tonne of Carbon Dioxide = 1 EUA) The Member States distributed these allowances to installations in the scheme in their country according to their approved plan. Up to 10% of the allowances could be auctioned instead of being given for free. These auctions were largest in the UK and in Germany. Operated the Scheme Installations were obliged to monitor and report verified carbon emissions At the end of each year, installations were obliged to surrender sufficient allowances to cover their emissions and could buy additional allowances or sell any surplus Joint Implementation (JI) and Clean Development Mechanism (CDM) credits could be used within the scheme, through the 'Linking Directive', agreed in 2004)

How the EU ETS works now (2013-2020)

Phase III started in 2013 and run until 2020. The biggest changes in Phase III are:

The scheme was also meant to be extended to the aviation industry from January 2013, covering all flights taking off and landing in the EU, including those originating from or travelling to non-EU countries. However in November 2012 the European Commission decided to defer the extension of the scheme to extra-EU flights until after the International Civil Aviation Organization (ICAO) General Assembly in Autumn 2013, on the expectation that a global agreement on greenhouse gas mitigation from aviation will be reached. The ETS continues to apply to intra-EU flights from January 2013. Latest information on the EU ETS and aviation can be found on gov. uk. Opt-out.

DECC has introduced an opt-out provision for small emitters and hospitals in the UK, allowing them to move to a more "light-touch" scheme with lower administrative costs (which hit disproportionately smaller companies). The opt-out will deliver an equivalent carbon reduction. Allowances.

At least 50% of allowances will be auctioned from 2013 (rather than given to installations). Use of Clean Development Mechanism (CDM) allowances will be more tightly restricted to no more than 50% of the reductions required.

Carbon Trust EU ETS reports.

Publication date: 2004 - 2008.

Cutting Carbon in Europe: The 2020 plans and the future of the EU ETS (CTC734)

Publication date: 01/06/2008.

This report analyses amendments to the EU emissions trading scheme (EU ETS) proposed by the European Commission on the 23 January 2008 and their implications for business.

It concludes that the proposals are a bold and significant step in the right direction that correct weaknesses in the current scheme and provide the level of certainty that business and investors have been calling for.

EU ETS impacts on profitability and trade (CTC728)

Publication date: 11/01/2008.

This report combines data on how business costs would be affected by carbon costs with analysis of the effect on prices and international trade in order to identify the small group of activities for which competitiveness is an issue for the environment, as well as for business, and to identify potential responses.

EU ETS Phase II allocation: implications and lessons (CTC715)

Publication date: 21/05/2007.

This report analyses the implications for the Phase II carbon market (and the resulting industrial abatement incentives) and the wider lessons to be learned from the allocation process.

Allocation and competitiveness in the EU Emissions Trading System: Options for Phase II and beyond (CTC609)

Publication date: 01/06/2006.

This report, based on collaborative research with Climate Strategies, examines the workings of the EU ETS to date and offers analysis and recommendations on its future development.

The study identifies seven key challenges to overcome for the second phase of the EU ETS and sets out the Carbon Trust's own conclusions and recommendations for the future of the EU ETS as an instrument that can both help business deliver emission reductions as efficiently as possible, and also protect and ultimately enhance business competitiveness in a CO 2 - constrained world.

The European Emissions Trading Scheme: Implications for Industrial Competitiveness (CT-2004-04)

Publication date: 30/06/2004.

This report explores in depth the implications of the EU ETS for industrial competitiveness in the UK and the wider EU. It presents our analysis of combined insights from economic modelling and a stakeholder interview programme.

배경.

The EU ETS scheme started in 2005 in order to help the EU meet its targets under the Kyoto Protocol (8% reduction in greenhouse gas emissions from 1990 levels).

The scheme is the world's largest carbon-trading scheme. It provides an incentive for installations to reduce their carbon emissions, because they can then sell their surplus allowances.

Installations are included in the scheme on the basis of their Carbon Dioxide (CO2) emitting activities. Industries that are covered include:

Electricity generation Iron & steel Mineral processing (for example: cement manufacture) Pulp and paper processing.

More information on the EU ETS can be found on the DECC website.

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This document is an excerpt from the EUR-Lex website.

EUROPA EU law and publications EUR-Lex EUR-Lex - 32009L0029 - EN Home Official Journal Direct access to the Official Journal Legally binding print editions Special edition EU law and related documents Treaties EU Legislation Consolidated acts EFTA documents EU Preparatory acts EU case law International agreements National law N-Lex National transposition measures National case-law JURE Legislative procedures Search in legislative procedures Recently published More Directories Institutions and bodies Summaries of EU Legislation EuroVoc ELI register.

Document 32009L0029.

In force OJ L 140, 5.6.2009, p. 63–87 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Special edition in Croatian: Chapter 15 Volume 030 P. 3 - 27.

Official Journal of the European Union.

DIRECTIVE 2009/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

of 23 April 2009.

amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community.

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee ( 1 ),

Having regard to the opinion of the Committee of the Regions ( 2 ),

Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 3 ),

Directive 2003/87/EC of the European Parliament and of the Council ( 4 ) establishes a scheme for greenhouse gas emission allowance trading within the Community (Community scheme) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.

The ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC), which was approved on behalf of the European Community by Council Decision 94/69/EC ( 5 ), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In order to meet that objective, the overall global annual mean surface temperature increase should not exceed 2 °C above pre-industrial levels. The latest Intergovernmental Panel on Climate Change (IPCC) Assessment Report shows that in order to reach that objective, global emissions of greenhouse gases must peak by 2020. This implies the increasing of efforts by the Community, the quick involvement of developed countries and encouraging the participation of developing countries in the emission reduction process.

The European Council of March 2007 made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20 % below 1990 levels by 2020, and by 30 % provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. By 2050, global greenhouse gas emissions should be reduced by at least 50 % below their 1990 levels. All sectors of the economy should contribute to achieving these emission reductions, including international maritime shipping and aviation. Aviation is contributing to these reductions through its inclusion in the Community scheme. In the event that no international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation has been approved by the Member States or no such agreement through the UNFCCC has been approved by the Community by 31 December 2011, the Commission should make a proposal to include international maritime emissions according to harmonised modalities in the Community reduction commitment, with the aim of the proposed act entering into force by 2013. Such a proposal should minimise any negative impact on the Community’s competitiveness while taking into account the potential environmental benefits.

In its resolution of 31 January 2008 on the outcome of the Bali Conference on Climate Change (COP 13 and COP/MOP 3) ( 6 ), the European Parliament recalled its position that industrialised countries should commit to reducing their greenhouse gas emissions by at least 30 % by 2020 and by 60 to 80 % by 2050, compared to 1990 levels. Given that it anticipates a positive outcome to the COP 15 negotiations that will be held in Copenhagen in 2009, the European Union should begin to prepare tougher emission reduction targets for 2020 and beyond, and should seek to ensure that, after 2013, the Community scheme allows, if necessary, for more stringent emission caps, as part of the Union’s contribution to a future international agreement on climate change (hereinafter referred to as the international agreement on climate change).

In order to contribute to achieving those long-term objectives, it is appropriate to set out a predictable path according to which the emissions of installations covered by the Community scheme should be reduced. To achieve cost-effectively the commitment of the Community to at least a 20 % reduction in greenhouse gas emissions below 1990 levels, emission allowances allocated in respect of those installations should be 21 % below their 2005 emission levels by 2020.

In order to enhance the certainty and predictability of the Community scheme, provisions should be specified to increase the level of contribution of the Community scheme to achieving an overall reduction of more than 20 %, in particular in view of the European Council’s objective of a 30 % reduction by 2020 which is considered scientifically necessary to avoid dangerous climate change.

Once the Community and third countries conclude an international agreement on climate change in accordance with which appropriate global action will be taken beyond 2012, considerable support should be given to credit emission reductions made in those countries. In advance of such an agreement, greater certainty should none the less be provided regarding the continued use of credits from outside the Community.

While experience gathered during the first trading period shows the potential of the Community scheme and the finalisation of national allocation plans for the second trading period will deliver significant emission reductions by 2012, a review undertaken in 2007 has confirmed that a more harmonised emission trading system is imperative in order to better exploit the benefits of emission trading, to avoid distortions in the internal market and to facilitate the linking of emissions trading systems. Furthermore, more predictability should be ensured and the scope of the system should be extended by including new sectors and gases with a view to both reinforcing a carbon price signal necessary to trigger the necessary investments and by offering new abatement opportunities, which will lead to lower overall abatement costs and the increased efficiency of the system.

The definition of greenhouse gases should be aligned with the definition contained in the UNFCCC, and greater clarity should be given on the setting and updating of global warming potentials for individual greenhouse gases.

The Community scheme should be extended to other installations the emissions of which are capable of being monitored, reported and verified with the same level of accuracy as that which applies under the monitoring, reporting and verification requirements currently applicable.

Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations the emissions of which do not exceed a threshold of 25 000 tonnes of CO 2 equivalent per year, there should be a procedure enabling Member States to exclude such small installations from the emissions trading system for as long as those measures are applied. Hospitals may also be excluded if they undertake equivalent measures. This threshold offers the maximum gain, in relative terms, of reduction of administrative costs for each tonne of CO 2 equivalent excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be laid down regarding the frequency of revision of greenhouse gas emission permits. It is for Member States to propose measures applying to small installations which will achieve a contribution to emission reductions equivalent to those achieved by the Community scheme. Such measures could include taxation, agreements with industry and regulation. Taking into account the need to reduce unnecessary administrative burdens for smaller emitters, Member States may set up simplified procedures and measures to comply with this Directive.

Information on the application of this Directive should be easily accessible, in particular for small and medium-sized enterprises (SMEs).

The Community-wide quantity of allowances should decrease in a linear manner calculated from the mid-point of the period from 2008 to 2012, ensuring that the emissions trading system delivers gradual and predictable reductions of emissions over time. The annual decrease of allowances should be equal to 1,74 % of the allowances issued by Member States pursuant to Commission Decisions on Member States’ national allocation plans for the period from 2008 to 2012, so that the Community scheme contributes cost-effectively to achieving the commitment of the Community to an overall reduction in emissions of at least 20 % by 2020.

This contribution is equivalent to a reduction of emissions in 2020 in the Community scheme of 21 % below reported 2005 levels, including the effect of the increased scope from the period from 2005 to 2007 to the period from 2008 to 2012 and the 2005 emission figures for the trading sector used for the assessment of the Bulgarian and Romanian national allocation plans for the period from 2008 to 2012, leading to an issue of a maximum of 1 720 million allowances in 2020. Exact quantities of emissions will be calculated once Member States have issued allowances pursuant to Commission decisions on their national allocation plans for the period from 2008 to 2012, as the approval of allocations to some installations was contingent upon their emissions having been substantiated and verified. Once the issue of allowances for the period from 2008 to 2012 has taken place, the Commission will publish the Community-wide quantity of allowances. Adjustments should be made to the Community-wide quantity in relation to installations which are included in, or excluded from, the Community scheme during the period from 2008 to 2012 or from 2013 onwards.

The additional effort to be made by the Community economy requires, inter alia, that the revised Community scheme operate with the highest possible degree of economic efficiency and on the basis of fully harmonised conditions of allocation within the Community. Auctioning should therefore be the basic principle for allocation, as it is the simplest, and generally considered to be the most economically efficient, system. This should also eliminate windfall profits and put new entrants and economies growing faster than average on the same competitive footing as existing installations.

In order to maintain the environmental and administrative efficiency of the Community scheme, avoid distortions of competition and the early depletion of the new entrants reserve, the rules on new entrants should be harmonised so as to ensure that all Member States adopt the same approach, in particular in relation to the meaning of ‘significant extensions’ of installations. Provisions for the adoption of harmonised rules for the implementation of this Directive should therefore be included. In these rules, ‘significant extension’ should, wherever appropriate, be defined as an extension by at least 10 % of the installation’s existing installed capacity or a substantial increase in the emissions of the installation linked to the increase in the installed capacity. Allocation from the new entrants reserve should only take place in respect of the significant extension of the installation.

All Member States will need to make substantial investments to reduce the carbon intensity of their economies by 2020 and those Member States where income per capita is still significantly below the Community average and the economies of which are in the process of catching up with the richer Member States will need to make a significant effort to improve energy efficiency. The objectives of eliminating distortions to intra-Community competition and of ensuring the highest degree of economic efficiency in the transformation of the Community economy towards a safe and sustainable low-carbon economy make it inappropriate to treat economic sectors differently under the Community scheme in individual Member States. It is therefore necessary to develop other mechanisms to support the efforts of those Member States with relatively lower income per capita and higher growth prospects. 88 % of the total quantity of allowances to be auctioned should be distributed amongst Member States according to their relative share of emissions in the Community scheme for 2005 or the average of the period from 2005 to 2007, whichever one is the highest. 10 % of the total quantity should be distributed to the benefit of certain Member States for the purpose of solidarity and growth in the Community, to be used to reduce emissions and adapt to the effects of climate change. The distribution of this 10 % should take into account levels of income per capita in 2005 and the growth prospects of Member States, and be higher for Member States with low income levels per head and high growth prospects. Member States with an average level of income per capita that is more than 20 % higher than the average in the Community should contribute to this distribution, except where the direct costs of the overall package estimated in the Commission’s impact assessment accompanying the package of implementation measures for the EU’s objectives on climate change and renewable energy for 2020 exceed 0,7 % of GDP. A further 2 % of the total quantity of allowances to be auctioned should be distributed amongst Member States, the greenhouse gas emissions of which were, in 2005, at least 20 % below their emissions in the base year applicable to them under the Kyoto Protocol.

Given the considerable efforts necessary to combat climate change and to adapt to its inevitable effects, it is appropriate that at least 50 % of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the Union’s commitment to using 20 % renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20 % by 2020, to provide for the environmentally safe capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund and to the Adaptation Fund as made operational by the Poznan Conference on Climate Change (COP 14 and COP/MOP 4), to provide for measures to avoid deforestation and facilitate adaptation in developing countries, and to address social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from the auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. This Directive should also include provisions on monitoring the use of funds from auctioning for these purposes. Providing information on the use of funds does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify certain national measures. This Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.

Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account its ability to pass on the increased cost of CO 2 , and no free allocation should be given for the capture and storage of CO 2 as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. In order to avoid distortions of competition, electricity generators may receive free allowances for district heating and cooling and for heating and cooling produced through high-efficiency cogeneration as defined by Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market ( 7 ) where such heat produced by installations in other sectors would be given free allocations.

The main long-term incentive for the capture and storage of CO 2 and new renewable energy technologies is that allowances will not need to be surrendered for CO 2 emissions which are permanently stored or avoided. In addition, to accelerate the demonstration of the first commercial facilities and of innovative renewable energy technologies, allowances should be set aside from the new entrants reserve to provide a guaranteed reward for the first such facilities in the Union for tonnes of CO 2 stored or avoided on a sufficient scale, provided an agreement on knowledge-sharing is in place. The additional financing should apply to projects of sufficient scale, which are innovative in nature and which are significantly co-financed by the operator covering, in principle, more than half of the relevant investment cost, and taking into account the viability of the project.

For other sectors covered by the Community scheme, a transitional system should be put in place for which free allocation in 2013 would be 80 % of the amount that corresponded to the percentage of the overall Community-wide emissions throughout the period from 2005 to 2007 that those installations emitted as a proportion of the annual Community-wide total quantity of allowances. Thereafter, the free allocation should decrease each year by equal amounts resulting in 30 % free allocation in 2020, with a view to reaching no free allocation in 2027.

In order to ensure an orderly functioning of the carbon and electricity markets, the auctioning of allowances for the period from 2013 onwards should start by 2011 and be based on clear and objective principles defined well in advance.

Transitional free allocation to installations should be provided for through harmonised Community-wide rules (ex-ante benchmarks) in order to minimise distortions of competition with the Community. Those rules should take account of the most greenhouse gas and energy-efficient techniques, substitutes, alternative production processes, use of biomass, renewables and CO 2 capture and storage. Any such rules should not give incentives to increase emissions and should ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. Those harmonised rules may also take into account emissions related to the use of combustible waste gases when the production of these waste gases cannot be avoided in the industrial process. In this respect, the rules may provide for allowances to be allocated for free to operators of installations combusting the waste gases concerned or to operators of the installations where these gases originate. They should also avoid undue distortions of competition on the markets for electricity and heating and cooling supplied to industrial installations. Furthermore, they should avoid undue distortions of competition between industrial activities carried out in installations operated by a single operator and production in out sourced installations. Those rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the new entrants’ reserve in 2020 should be auctioned.

The Community will continue to take the lead in the negotiation of an ambitious international agreement on climate change that will achieve the objective of limiting global temperature increase to 2 °C and is encouraged by the progress made at the 13th Conference of the Parties to the UNFCCC, and 3rd Meeting of the Parties to the Kyoto Protocol, held in Bali, Indonesia from 3-14 December 2007 towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (carbon leakage), and at the same time could put certain energy-intensive sectors and subsectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community should allocate 100 % of allowances free of charge to sectors or subsectors meeting the relevant criteria. The definition of these sectors and subsectors and the measures required should be subject to reassessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or subsectors where it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances. The carbon leakage risk in these sectors or subsectors should be assessed, as a starting point, at a 3-digit level (NACE-3 code) or, where appropriate and where the relevant data are available, at a 4-digit level (NACE-4 code).

The Commission should therefore review the situation by 30 June 2010, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy-intensive industry sectors or subsectors are likely to be subject to carbon leakage by 31 December 2009. It should base its analysis on the assessment of the inability of industries to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community which do not take comparable action to reduce their emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the Community, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of least developed countries (LDCs). It would also need to be in conformity with the international obligations of the Community, including the obligations under the WTO agreement.

Discussions in the European Council concerning the determination of the sectors or subsectors exposed to a significant risk of carbon leakage are of an exceptional character and in no way affect the procedures for the exercise of the implementing powers conferred on the Commission under Article 202 of the Treaty.

Member States may deem it necessary to temporarily compensate certain installations which have been determined to be exposed to a significant risk of carbon leakage for costs related to greenhouse gas emissions passed on in electricity prices. Such support should only be granted where it is necessary and proportionate and should ensure that the Community scheme incentives to save energy and to stimulate a shift in demand from ‘grey’ to ‘green’ electricity are maintained.

In order to ensure equal conditions of competition within the Community, the use of credits for emission reductions outside the Community to be used by operators within the Community scheme should be harmonised. The Kyoto Protocol sets out quantified emission targets for developed countries for the period from 2008 to 2012, and provides for the creation of certified emission reductions (CERs) from clean development mechanism (CDM) projects and emission reduction units (ERUs) from joint implementation (JI) projects and their use by developed countries to meet part of these targets. While the Kyoto framework does not enable ERUs to be created from 2013 onwards without new quantified emission targets being in place for host countries, CDM credits can potentially continue to be generated. Once there is an international agreement on climate change, additional use of CERs and ERUs should be provided for, from countries which have ratified that agreement. In the absence of such an agreement, providing for further use of CERs and ERUs would undermine this incentive and make it more difficult to achieve the objectives of the Community regarding the increase of renewable energy use. The use of CERs and ERUs should be consistent with the goal set by the Community of generating 20 % of energy from renewable sources by 2020, and promoting energy efficiency, innovation and technological development. Where it is consistent with achieving these goals, the possibility should be foreseen to conclude agreements with third countries to provide incentives for reductions in emissions in these countries which bring about real, additional reductions in greenhouse gas emissions while stimulating innovation by companies established within the Community and technological development in third countries. Such agreements may be ratified by more than one country. Upon the approval by the Community of a satisfactory international agreement on climate change, access to credits from projects in third countries should be increased simultaneously with the increase in the level of emission reductions to be achieved through the Community scheme.

In order to provide predictability, operators should be provided with certainty about the possibility to use after 2012 CERs and ERUs up to the remainder of the level which they were allowed to use in the period from 2008 to 2012, from project types which were eligible for use in the Community scheme during the period from 2008 to 2012. As Member States cannot carry over CERs and ERUs held by operators between commitment periods under international agreements (‘banking’ of CERs and ERUs) before 2015, and only if Member States choose to allow the banking of those CERs and ERUs within the context of limited rights to bank such credits, this certainty should be provided by requiring Member States to allow operators to exchange such CERs and ERUs issued in respect of emission reductions before 2012 for allowances valid from 2013 onwards. However, as Member States should not be obliged to accept CERs and ERUs which it is not certain they will be able to use towards their existing international commitments, this requirement should not extend beyond 31 March 2015. Operators should be provided with the same certainty concerning such CERs issued from projects that have been established before 2013 in respect of emission reductions from 2013 onwards. It is important that credits from projects used by operators represent real, verifiable, additional and permanent emission reductions and have clear sustainable development benefits and no significant negative environmental or social impacts. A procedure should be established which allows for the exclusion of certain project types.

In the event of the conclusion of an international agreement on climate change being delayed, the possibility should be provided for to use credits from high-quality projects in the Community scheme through agreements with third countries. Such agreements, which may be bilateral or multilateral, could enable projects that generated ERUs until 2012 but are no longer able to do so under the Kyoto framework to continue to be recognised in the Community scheme.

LDCs are especially vulnerable to the effects of climate change, and are responsible only for a very low level of greenhouse gas emissions. Therefore, particular priority should be given to addressing the needs of LDCs when revenues generated from auctioning are used to facilitate developing countries’ adaptation to the impacts of climate change. Given that very few CDM projects have been established in those countries, it is appropriate to provide certainty on the acceptance of credits from projects started in LDCs after 2012, even in the absence of an international agreement on climate change, when these projects are clearly additional and contribute to sustainable development. This entitlement should apply to LDCs until 2020 provided that they have by then either ratified an international agreement on climate change or a bilateral or multilateral agreement with the Community.

Once an international agreement on climate change has been reached, additional credits of up to half of the additional reduction taking place in the Community scheme may be used, and high quality CDM credits from third countries should only be accepted in the Community scheme from 2013, once those countries have ratified the international agreement.

The Community and its Member States should only authorise project activities where all project participants have headquarters either in a country that has concluded the international agreement relating to such projects, so as to discourage ‘free-riding’ by companies in States which have not concluded an international agreement, except where those companies are based in third countries, or in sub-federal or regional entities which are linked to the Community scheme.

The fact that certain provisions of this Directive refer to the approval of an international agreement on climate change by the Community is without prejudice to the conclusion of that agreement also by the Member States.

In the light of experience, the provisions of the Community scheme relating to monitoring, reporting and verifying emissions should be improved.

The Union should work to establish an internationally recognised system for reducing deforestation and increasing afforestation and reforestation, supporting the objective, within the UNFCCC, of developing financing mechanisms, taking into account existing arrangements, as part of an effective, efficient, equitable and coherent financial architecture within the international agreement on climate change to be reached in the Copenhagen Conference on Climate Change (COP 15 and COP/MOP 5).

In order to clarify the coverage of all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units by Directive 2003/87/EC, a definition of ‘combustion’ should be added.

In order to ensure that allowances can be transferred between persons within the Community without any restriction, and to ensure that the Community scheme can be linked to emissions trading systems in third countries and sub-federal and regional entities, from January 2012 onwards, all allowances should be held in the Community registry established under Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol ( 8 ). This should be without prejudice to the maintenance of national registries for emissions not covered by the Community scheme. The Community registry should provide the same quality of services as national registries.

From 2013 onwards, the environmentally safe capture, transport and geological storage of CO 2 should be covered by the Community scheme in a harmonised manner.

Arrangements should be provided to enable the mutual recognition of allowances between the Community scheme and other mandatory greenhouse gas emissions trading systems capping absolute emissions established in any third country or sub-federal or regional entity.

Third countries neighbouring the Union should be encouraged to join the Community scheme if they comply with this Directive. The Commission should make every effort in negotiations with, and in the provision of financial and technical assistance to, candidate countries, potential candidate countries and countries covered by the European neighbourhood policy to promote this aim. This would facilitate technology and knowledge transfer to these countries, which is an important means of providing economic, environmental and social benefits to all.

This Directive should provide for agreements to be made for the recognition of allowances between the Community scheme and other mandatory greenhouse gas emissions trading systems with absolute emissions caps, which are compatible with the Community scheme taking into account the level of environmental ambition and the presence of a robust and comparable emissions monitoring, reporting and verification mechanism and compliance system.

Taking into account experience under the Community scheme, it should be possible to issue allowances in respect of projects that reduce greenhouse gas emissions, provided that these projects take place in accordance with harmonised rules adopted at Community level and these projects would not result in the double-counting of emission reductions or impede the extension of the scope of the Community scheme or the undertaking of other policy measures to reduce emissions not covered by the Community scheme.

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 9 ).

In particular, the Commission should be empowered to adopt measures for the harmonisation of rules on the definition of ‘new entrant’, the auctioning of allowances, the transitional Community-wide allocation of allowances, the establishment of the criteria and modalities applicable to the selection of certain demonstration projects, the establishment of a list of sectors or subsectors which are exposed to a significant risk of carbon leakage, the use of credits, the monitoring, reporting and verification of emissions, the accreditation of verifiers, the implementation of harmonised rules for projects as well as the amendment of certain annexes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/87/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Directive 2003/87/EC should therefore be amended accordingly.

It is appropriate to provide for an early transposition of those provisions which prepare for the revised operation of the Community scheme from 2013 onwards.

In order to correctly complete the trading-period from 2008 to 2012, the provisions of Directive 2003/87/EC, as amended by Directive 2004/101/EC ( 10 ), Directive 2008/101/EC ( 11 ) and Regulation (EC) No 219/2009 ( 12 ), should continue to apply without affecting the possibility for the Commission to adopt the measures necessary for the revised operation of the Community scheme from 2013 onwards.

The application of this Directive is without prejudice to Articles 87 and 88 of the Treaty.

This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

In accordance with point 34 of the Interinstitutional Agreement on better lawmaking ( 13 ), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Amendments to Directive 2003/87/EC.

Directive 2003/87/EC is hereby amended as follows:

The following paragraphs shall be added to Article 1:

‘This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change.

This Directive also lays down provisions for assessing and implementing a stricter Community reduction commitment exceeding 20 %, to be applied upon the approval by the Community of an international agreement on climate change leading to greenhouse gas emission reductions exceeding those required in Article 9, as reflected in the 30 % commitment endorsed by the European Council of March 2007.’;

Article 3 shall be amended as follows:

point (c) shall be replaced by the following:

“greenhouse gases” means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;’;

point (h) shall be replaced by the following:

“new entrant” means:

any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emissions permit for the first time after 30 June 2011,

any installation carrying out an activity which is included in the Community scheme pursuant to Article 24(1) or (2) for the first time, or.

any installation carrying out one or more of the activities indicated in Annex I or an activity which is included in the Community scheme pursuant to Article 24(1) or (2), which has had a significant extension after 30 June 2011, only in so far as this extension is concerned.’;

The following points shall be added:

“combustion” means any oxidation of fuels, regardless of the way in which the heat, electrical or mechanical energy produced by this process is used, and any other directly associated activities, including waste gas scrubbing;

“electricity generator” means an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and in which no activity listed in Annex I is carried out other than the “combustion of fuels”.’;

In Article 3c(2), the word ‘Article 11(2)’ shall be replaced by ‘Article 13(1)’;

In Article 3g, the words ‘the guidelines adopted pursuant to Article 14’ shall be replaced by ‘the regulation referred to in Article 14’;

Article 4 shall be replaced by the following:

Greenhouse gas emissions permits.

Member States shall ensure that, from 1 January 2005, no installation carries out any activity listed in Annex I resulting in emissions specified in relation to that activity unless its operator holds a permit issued by a competent authority in accordance with Articles 5 and 6, or the installation is excluded from the Community scheme pursuant to Article 27. This shall also apply to installations opted in under Article 24.’;

Article 5(d) shall be replaced by the following:

the measures planned to monitor and report emissions in accordance with the regulation referred to in Article 14.’;

Article 6 shall be amended as follows:

In paragraph 1, the following subparagraph shall be added:

‘The competent authority shall, at least every five years, review the greenhouse gas emissions permit and make any amendments as are appropriate.’;

In paragraph 2, point (c) shall be replaced by the following:

a monitoring plan that fulfils the requirements under the regulation referred to in Article 14. Member States may allow operators to update monitoring plans without changing the permit. Operators shall submit any updated monitoring plans to the competent authority for approval.’;

Article 7 shall be replaced by the following:

Changes relating to installations.

The operator shall inform the competent authority of any planned changes to the nature or functioning of the installation, or any extension or significant reduction of its capacity, which may require updating the greenhouse gas emissions permit. Where appropriate, the competent authority shall update the permit. Where there is a change in the identity of the installation's operator, the competent authority shall update the permit to include the name and address of the new operator.’;

Article 9 shall be replaced by the following:

Community-wide quantity of allowances.

The Community-wide quantity of allowances issued each year starting in 2013 shall decrease in a linear manner beginning from the mid-point of the period from 2008 to 2012. The quantity shall decrease by a linear factor of 1,74 % compared to the average annual total quantity of allowances issued by Member States in accordance with the Commission Decisions on their national allocation plans for the period from 2008 to 2012.

The Commission shall, by 30 June 2010, publish the absolute Community-wide quantity of allowances for 2013, based on the total quantities of allowances issued or to be issued by the Member States in accordance with the Commission Decisions on their national allocation plans for the period from 2008 to 2012.

The Commission shall review the linear factor and submit a proposal, where appropriate, to the European Parliament and to the Council as from 2020, with a view to the adoption of a decision by 2025.’;

The following Article shall be inserted:

Adjustment of the Community-wide quantity of allowances.

1. In respect of installations that were included in the Community scheme during the period from 2008 to 2012 pursuant to Article 24(1), the quantity of allowances to be issued from 1 January 2013 shall be adjusted to reflect the average annual quantity of allowances issued in respect of those installations during the period of their inclusion, adjusted by the linear factor referred to in Article 9.

2. In respect of installations carrying out activities listed in Annex I, which are only included in the Community scheme from 2013 onwards, Member States shall ensure that the operators of such installations submit to the relevant competent authority duly substantiated and independently verified emissions data in order for them to be taken into account for the adjustment of the Community-wide quantity of allowances to be issued.

Any such data shall be submitted, by 30 April 2010, to the relevant competent authority in accordance with the provisions adopted pursuant to Article 14(1).

If the data submitted are duly substantiated, the competent authority shall notify the Commission thereof by 30 June 2010 and the quantity of allowances to be issued, adjusted by the linear factor referred to in Article 9, shall be adjusted accordingly. In the case of installations emitting greenhouse gases other than CO 2 , the competent authority may notify a lower amount of emissions according to the emission reduction potential of those installations.

3. The Commission shall publish the adjusted quantities referred to in paragraphs 1 and 2 by 30 September 2010.

4. In respect of installations which are excluded from the Community scheme in accordance with Article 27, the Community-wide quantity of allowances to be issued from 1 January 2013 shall be adjusted downwards to reflect the average annual verified emissions of those installations in the period from 2008 to 2010, adjusted by the linear factor referred to in Article 9.’;

Article 10 shall be replaced by the following:

Auctioning of allowances.

1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a and 10c. By 31 December 2010, the Commission shall determine and publish the estimated amount of allowances to be auctioned.

2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows:

88 % of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme for 2005 or the average of the period from 2005 to 2007, whichever one is the highest, of the Member State concerned;

10 % of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa; 과.

2 % of the total quantity of allowances to be auctioned being distributed amongst Member States the greenhouse gas emissions of which were, in 2005, at least 20 % below their emissions in the base year applicable to them under the Kyoto Protocol. The distribution of this percentage amongst the Member States concerned is set out in Annex IIb.

For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified emissions under the Community scheme in 2007.

If necessary, the percentages referred to in points (b) and (c) shall be adapted in a proportional manner to ensure that the distribution is 10 % and 2 % respectively.

3. Member States shall determine the use of revenues generated from the auctioning of allowances. At least 50 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of these revenues, should be used for one or more of the following:

to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund and to the Adaptation Fund as made operational by the Poznan Conference on Climate Change (COP 14 and COP/MOP 4), to adapt to the impacts of climate change and to fund research and development as well as demonstration projects for reducing emissions and for adaptation to climate change, including participation in initiatives within the framework of the European Strategic Energy Technology Plan and the European Technology Platforms;

to develop renewable energies to meet the commitment of the Community to using 20 % renewable energies by 2020, as well as to develop other technologies contributing to the transition to a safe and sustainable low-carbon economy and to help meet the commitment of the Community to increase energy efficiency by 20 % by 2020;

measures to avoid deforestation and increase afforestation and reforestation in developing countries that have ratified the international agreement on climate change, to transfer technologies and to facilitate adaptation to the adverse effects of climate change in these countries;

forestry sequestration in the Community;

the environmentally safe capture and geological storage of CO 2 , in particular from solid fossil fuel power stations and a range of industrial sectors and subsectors, including in third countries;

to encourage a shift to low-emission and public forms of transport;

to finance research and development in energy efficiency and clean technologies in the sectors covered by this Directive;

measures intended to increase energy efficiency and insulation or to provide financial support in order to address social aspects in lower and middle income households;

to cover administrative expenses of the management of the Community scheme.

Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to at least 50 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and (c).

Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC.

4. By 30 June 2010, the Commission shall adopt a regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent, harmonised and non-discriminatory manner. To this end, the process should be predictable, in particular as regards the timing and sequencing of auctions and the estimated volumes of allowances to be made available.

Auctions shall be designed to ensure that:

operators, and in particular any SMEs covered by the Community scheme, have full, fair and equitable access;

all participants have access to the same information at the same time and that participants do not undermine the operation of the auction;

the organisation and participation in auctions is cost-efficient and undue administrative costs are avoided; 과.

access to allowances is granted for small emitters.

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

Member States shall report on the proper implementation of the auctioning rules for each auction, in particular with respect to fair and open access, transparency, price formation and technical and operational aspects. These reports shall be submitted within one month of the auction concerned and shall be published on the Commission's website.

5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.’;

The following Articles shall be inserted:

Transitional Community-wide rules for harmonised free allocation.

1. By 31 December 2010, the Commission shall adopt Community-wide and fully-harmonised implementing measures for the allocation of the allowances referred to in paragraphs 4, 5, 7 and 12, including any necessary provisions for a harmonised application of paragraph 19.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

The measures referred to in the first subparagraph shall, to the extent feasible, determine Community-wide ex-ante benchmarks so as to ensure that allocation takes place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, use of biomass and capture and storage of CO 2 , where such facilities are available, and shall not provide incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and electricity produced from waste gases.

For each sector and subsector, in principle, the benchmark shall be calculated for products rather than for inputs, in order to maximise greenhouse gas emissions reductions and energy efficiency savings throughout each production process of the sector or the subsector concerned.

In defining the principles for setting ex-ante benchmarks in individual sectors and subsectors, the Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.

The Commission shall, upon the approval by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation is only to take place where this is fully justified in the light of that agreement.

2. In defining the principles for setting ex-ante benchmarks in individual sectors or subsectors, the starting point shall be the average performance of the 10 % most efficient installations in a sector or subsector in the Community in the years 2007-2008. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.

The regulations pursuant to Articles 14 and 15 shall provide for harmonised rules on monitoring, reporting and verification of production-related greenhouse gas emissions with a view to determining the ex-ante benchmarks.

3. Subject to paragraphs 4 and 8, and notwithstanding Article 10c, no free allocation shall be given to electricity generators, to installations for the capture of CO 2 , to pipelines for transport of CO 2 or to CO 2 storage sites.

4. Free allocation shall be given to district heating as well as to high efficiency cogeneration, as defined by Directive 2004/8/EC, for economically justifiable demand, in respect of the production of heating or cooling. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.

5. The maximum annual amount of allowances that is the basis for calculating allocations to installations which are not covered by paragraph 3 and are not new entrants shall not exceed the sum of:

the annual Community-wide total quantity, as determined pursuant to Article 9, multiplied by the share of emissions from installations not covered by paragraph 3 in the total average verified emissions, in the period from 2005 to 2007, from installations covered by the Community scheme in the period from 2008 to 2012; 과.

the total average annual verified emissions from installations in the period from 2005 to 2007 which are only included in the Community scheme from 2013 onwards and are not covered by paragraph 3, adjusted by the linear factor, as referred to in Article 9.

A uniform cross-sectoral correction factor shall be applied if necessary.

6. Member States may also adopt financial measures in favour of sectors or subsectors determined to be exposed to a significant risk of carbon leakage due to costs relating to greenhouse gas emissions passed on in electricity prices, in order to compensate for those costs and where such financial measures are in accordance with state aid rules applicable and to be adopted in this area.

Those measures shall be based on ex-ante benchmarks of the indirect emissions of CO 2 per unit of production. The ex-ante benchmarks shall be calculated for a given sector or subsector as the product of the electricity consumption per unit of production corresponding to the most efficient available technologies and of the CO 2 emissions of the relevant European electricity production mix.

7. Five percent of the Community-wide quantity of allowances determined in accordance with Articles 9 and 9a over the period from 2013 to 2020 shall be set aside for new entrants, as the maximum that may be allocated to new entrants in accordance with the rules adopted pursuant to paragraph 1 of this Article. Allowances in this Community-wide reserve that are neither allocated to new entrants nor used pursuant to paragraph 8, 9 or 10 of this Article over the period from 2013 to 2020 shall be auctioned by the Member States, taking into account the level to which installations in Member States have benefited from this reserve, in accordance with Article 10(2) and, for detailed arrangements and timing, Article 10(4), and the relevant implementing provisions.

Allocations shall be adjusted by the linear factor referred to in Article 9.

No free allocation shall be made in respect of any electricity production by new entrants.

By 31 December 2010, the Commission shall adopt harmonised rules for the application of the definition of “new entrant”, in particular in relation to the definition of “significant extensions”.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

8. Up to 300 million allowances in the new entrants' reserve shall be available until 31 December 2015 to help stimulate the construction and operation of up to 12 commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO 2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.

The allowances shall be made available for support for demonstration projects that provide for the development, in geographically balanced locations, of a wide range of CCS and innovative renewable energy technologies that are not yet commercially viable. Their award shall be dependent upon the verified avoidance of CO 2 emissions.

Projects shall be selected on the basis of objective and transparent criteria that include requirements for knowledge-sharing. Those criteria and the measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3), and shall be made available to the public.

Allowances shall be set aside for the projects that meet the criteria referred to in the third subparagraph. Support for these projects shall be given via Member States and shall be complementary to substantial co-financing by the operator of the installation. They could also be co-financed by the Member State concerned, as well as by other instruments. No project shall receive support via the mechanism under this paragraph that exceeds 15 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7.

9. Lithuania, which, pursuant to Article 1 of Protocol No 4 on the Ignalina nuclear power plant in Lithuania, annexed to the 2003 Act of Accession, has committed to the closure of unit 2 of the Ignalina Nuclear Power Plant by 31 December 2009, may, if the total verified emissions of Lithuania in the period from 2013 to 2015 within the Community scheme exceed the sum of the free allowances issued to installations in Lithuania for electricity production emissions in that period and three-eighths of the allowances to be auctioned by Lithuania for the period from 2013 to 2020, claim allowances from the new entrants reserve for auctioning in accordance with the regulation referred to in Article 10(4). The maximum amount of such allowances shall be equivalent to the excess emissions in that period to the extent that this excess is due to increased emissions from electricity generation, minus any quantity by which allocations in that Member State in the period from 2008 to 2012 exceeded verified emissions within the Community scheme in Lithuania during that period. Any such allowances shall be taken into account under paragraph 7.

10. Any Member State with an electricity network which is interconnected with Lithuania and which, in 2007, imported more than 15 % of its domestic electricity consumption from Lithuania for its own consumption, and where emissions have increased due to investment in new electricity generation, may apply paragraph 9 mutatis mutandis under the conditions set out in that paragraph.

11. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 4 to 7 of this Article in 2013 shall be 80 % of the quantity determined in accordance with the measures referred to in paragraph 1. Thereafter the free allocation shall decrease each year by equal amounts resulting in 30 % free allocation in 2020, with a view to reaching no free allocation in 2027.

12. Subject to Article 10b, in 2013 and in each subsequent year up to 2020, installations in sectors or subsectors which are exposed to a significant risk of carbon leakage shall be allocated, pursuant to paragraph 1, allowances free of charge at 100 % of the quantity determined in accordance with the measures referred to in paragraph 1.

13. By 31 December 2009 and every five years thereafter, after discussion in the European Council, the Commission shall determine a list of the sectors or subsectors referred to in paragraph 12 on the basis of the criteria referred to in paragraphs 14 to 17.

Every year the Commission may, at its own initiative or at the request of a Member State, add a sector or subsector to the list referred to in the first subparagraph if it can be demonstrated, in an analytical report, that this sector or subsector satisfies the criteria in paragraphs 14 to 17, following a change that has a substantial impact on the sector’s or subsector’s activities.

For the purpose of implementing this Article, the Commission shall consult the Member States, the sectors or subsectors concerned and other relevant stakeholders.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

14. In order to determine the sectors or subsectors referred to in paragraph 12, the Commission shall assess, at Community level, the extent to which it is possible for the sector or subsector concerned, at the relevant level of disaggregation, to pass on the direct cost of the required allowances and the indirect costs from higher electricity prices resulting from the implementation of this Directive into product prices without significant loss of market share to less carbon efficient installations outside the Community. These assessments shall be based on an average carbon price according to the Commission’s impact assessment accompanying the package of implementation measures for the EU’s objectives on climate change and renewable energy for 2020 and, if available, trade, production and value added data from the three most recent years for each sector or subsector.

15. A sector or subsector shall be deemed to be exposed to a significant risk of carbon leakage if:

the sum of direct and indirect additional costs induced by the implementation of this Directive would lead to a substantial increase of production costs, calculated as a proportion of the gross value added, of at least 5 %; 과.

the intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the Community (annual turnover plus total imports from third countries), is above 10 %.

16. Notwithstanding paragraph 15, a sector or subsector is also deemed to be exposed to a significant risk of carbon leakage if:

the sum of direct and indirect additional costs induced by the implementation of this Directive would lead to a particularly high increase of production costs, calculated as a proportion of the gross value added, of at least 30 %; 또는.

the intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the Community (annual turnover plus total imports from third countries), is above 30 %.

17. The list referred to in paragraph 13 may be supplemented after completion of a qualitative assessment, taking into account, where the relevant data are available, the following criteria:

the extent to which it is possible for individual installations in the sector or subsector concerned to reduce emission levels or electricity consumption, including, as appropriate, the increase in production costs that the related investment may entail, for instance on the basis of the most efficient techniques;

current and projected market characteristics, including when trade exposure or direct and indirect cost increase rates are close to one of the thresholds mentioned in paragraph 16;

profit margins as a potential indicator of long-run investment or relocation decisions.

18. The list referred to in paragraph 13 shall be determined after taking into account, where the relevant data are available, the following:

the extent to which third countries, representing a decisive share of global production of products in sectors or subsectors deemed to be at risk of carbon leakage, firmly commit to reducing greenhouse gas emissions in the relevant sectors or subsectors to an extent comparable to that of the Community and within the same time-frame; 과.

the extent to which the carbon efficiency of installations located in these countries is comparable to that of the Community.

19. No free allocation shall be given to an installation that has ceased its operations, unless the operator demonstrates to the competent authority that this installation will resume production within a specified and reasonable time. Installations for which the greenhouse gas emissions permit has expired or has been withdrawn and installations for which the operation or resumption of operation is technically impossible shall be considered to have ceased operations.

20. The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce their capacity, and measures for adapting, as appropriate, the level of free allocations given to them accordingly.

Measures to support certain energy-intensive industries in the event of carbon leakage.

1. By 30 June 2010, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or subsectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:

adjustment of the proportion of allowances received free of charge by those sectors or subsectors under Article 10a;

inclusion in the Community scheme of importers of products which are produced by the sectors or subsectors determined in accordance with Article 10a;

assessment of the impact of carbon leakage on Member States’ energy security, in particular where the electricity connections with the rest of the Union are insufficient and where there are electricity connections with third countries, and appropriate measures in this regard.

Any binding sectoral agreements which lead to global greenhouse gas emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.

2. The Commission shall assess, by 31 March 2011, whether the decisions made regarding the proportion of allowances received free of charge by sectors or subsectors in accordance with paragraph 1, including the effect of setting ex-ante benchmarks in accordance with Article 10a(2), are likely to significantly affect the quantity of allowances to be auctioned by Member States in accordance with Article 10(2)(b), compared to a scenario with full auctioning for all sectors in 2020. It shall, if appropriate, submit adequate proposals to the European Parliament and to the Council, taking into account the possible distributional effects of such proposals.

Option for transitional free allocation for the modernisation of electricity generation.

1. By derogation from Article 10a(1) to (5), Member States may give a transitional free allocation to installations for electricity production in operation by 31 December 2008 or to installations for electricity production for which the investment process was physically initiated by the same date, provided that one of the following conditions is met:

in 2007, the national electricity network was not directly or indirectly connected to the network interconnected system operated by the Union for the Coordination of Transmission of Electricity (UCTE);

in 2007, the national electricity network was only directly or indirectly connected to the network operated by UCTE through a single line with a capacity of less than 400 MW; 또는.

in 2006, more than 30 % of electricity was produced from a single fossil fuel, and the GDP per capita at market price did not exceed 50 % of the average GDP per capita at market price of the Community.

The Member State concerned shall submit to the Commission a national plan that provides for investments in retrofitting and upgrading of the infrastructure and clean technologies. The national plan shall also provide for the diversification of their energy mix and sources of supply for an amount equivalent, to the extent possible, to the market value of the free allocation with respect to the intended investments, while taking into account the need to limit as far as possible directly linked price increases. The Member State concerned shall submit to the Commission, every year, a report on investments made in upgrading infrastructure and clean technologies. Investment undertaken from 25 June 2009 may be counted for this purpose.

2. Transitional free allocations shall be deducted from the quantity of allowances that the respective Member State would otherwise auction pursuant to Article 10(2). In 2013, the total transitional free allocation shall not exceed 70 % of the annual average verified emissions in 2005-2007 from such electricity generators for the amount corresponding to the gross final national consumption of the Member State concerned and shall gradually decrease, resulting in no free allocation in 2020. For those Member States which did not participate in the Community scheme in 2005, the relevant emissions shall be calculated using their verified Community scheme emissions under the Community scheme in 2007.

The Member State concerned may determine that the allowances allocated pursuant to this Article may only be used by the operator of the installation concerned for surrendering allowances pursuant to Article 12(3) with respect to emissions of the same installation during the year for which the allowances are allocated.

3. Allocations to operators shall be based on the allocation under the verified emissions in 2005-2007 or an ex-ante efficiency benchmark based on the weighted average of emission levels of most greenhouse gas efficient electricity production covered by the Community scheme for installations using different fuels. The weighting may reflect the shares of the different fuels in electricity production in the Member State concerned. The Commission shall, in accordance with the regulatory procedure referred to in Article 23(2), provide guidance to ensure that the allocation methodology avoids undue distortions of competition and minimises negative impacts on the incentives to reduce emissions.

4. Any Member State applying this Article shall require benefiting electricity generators and network operators to report every 12 months on the implementation of their investments referred to in the national plan. Member States shall report on this to the Commission and shall make such reports public.

5. Any Member State that intends to allocate allowances on the basis of this Article shall, by 30 September 2011, submit to the Commission an application containing the proposed allocation methodology and individual allocations. An application shall contain:

evidence that the Member State meets at least one of the conditions set out in paragraph 1;

a list of the installations covered by the application and the amount of allowances to be allocated to each installation in accordance with paragraph 3 and the Commission guidance;

the national plan referred to in the second subparagraph of paragraph 1;

monitoring and enforcement provisions with respect to the intended investments pursuant to the national plan;

information showing that the allocations do not create undue distortions of competition.

6. The Commission shall assess the application taking into account the elements set out in paragraph 5 and may reject the application, or any aspect thereof, within six months of receiving the relevant information.

7. Two years before the end of the period during which a Member State may give transitional free allocation to installations for electricity production in operation by 31 December 2008, the Commission shall assess the progress made in the implementation of the national plan. If the Commission considers, on request of the Member State concerned, that there is a need for a possible extension of that period, it may submit to the European Parliament and to the Council appropriate proposals, including the conditions that would have to be met in the case of an extension of that period.’;

Articles 11 and 11a shall be replaced by the following:

National implementation measures.

1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(1) and Article 10c.

2. By 28 February of each year, the competent authorities shall issue the quantity of allowances that are to be allocated for that year, calculated in accordance with Articles 10, 10a and 10c.

3. Member States may not issue allowances free of charge under paragraph 2 to installations whose inscription in the list referred to in paragraph 1 has been rejected by the Commission.

Use of CERs and ERUs from project activities in the Community scheme before the entry into force of an international agreement on climate change.

1. Without prejudice to the application of Article 28(3) and (4), paragraphs 2 to 7 of this Article shall apply.

2. To the extent that the levels of CER and ERU use, allowed to operators or aircraft operators by Member States for the period from 2008 to 2012, have not been used up or an entitlement to use credits is granted under paragraph 8, operators may request the competent authority to issue allowances to them valid from 2013 onwards in exchange for CERs and ERUs issued in respect of emission reductions up until 2012 from project types which were eligible for use in the Community scheme during the period from 2008 to 2012.

Until 31 March 2015, the competent authority shall make such an exchange on request.

3. To the extent that the levels of CER and ERU use, allowed to operators or aircraft operators by Member States for the period from 2008 to 2012, have not been used up or an entitlement to use credits is granted under paragraph 8, competent authorities shall allow operators to exchange CERs and ERUs from projects that were registered before 2013 issued in respect of emission reductions from 2013 onwards for allowances valid from 2013 onwards.

The first subparagraph shall apply to CERs and ERUs for all project types which were eligible for use in the Community scheme during the period from 2008 to 2012.

4. To the extent that the levels of CER and ERU use, allowed to operators or aircraft operators by Member States for the period from 2008 to 2012, have not been used up or an entitlement to use credits is granted under paragraph 8, competent authorities shall allow operators to exchange CERs issued in respect of emission reductions from 2013 onwards for allowances from new projects started from 2013 onwards in LDCs.

The first subparagraph shall apply to CERs for all project types which were eligible for use in the Community scheme during the period from 2008 to 2012, until those countries have ratified a relevant agreement with the Community or until 2020, whichever is the earlier.

5. To the extent that the levels of CER and ERU use, allowed to operators or aircraft operators by Member States for the period from 2008 to 2012, have not been used up or an entitlement to use credits is granted under paragraph 8 and in the event that the negotiations on an international agreement on climate change are not concluded by 31 December 2009, credits from projects or other emission reducing activities may be used in the Community scheme in accordance with agreements concluded with third countries, specifying levels of use. In accordance with such agreements, operators shall be able to use credits from project activities in those third countries to comply with their obligations under the Community scheme.

6. Any agreements referred to in paragraph 5 shall provide for the use of credits in the Community scheme from project types which were eligible for use in the Community scheme during the period from 2008 to 2012, including renewable energy or energy efficiency technologies which promote technological transfer and sustainable development. Any such agreement may also provide for the use of credits from projects where the baseline used is below the level of free allocation under the measures referred to in Article 10a or below the levels required by Community legislation.

7. Once an international agreement on climate change has been reached, only credits from projects from third countries which have ratified that agreement shall be accepted in the Community scheme from 1 January 2013.

8. All existing operators shall be allowed to use credits during the period from 2008 to 2020 up to either the amount allowed to them during the period from 2008 to 2012, or to an amount corresponding to a percentage, which shall not be set below 11 %, of their allocation during the period from 2008 to 2012, whichever is the highest.

Operators shall be able to use credits beyond the 11 % provided for in the first subparagraph, up to an amount which results in their combined free allocation in the period from 2008 to 2012 and overall project credits entitlement equal to a certain percentage of their verified emissions in the period from 2005 to 2007.

New entrants, including new entrants in the period from 2008 to 2012 which received neither free allocation nor an entitlement to use CERs and ERUs in the period from 2008-2012, and new sectors shall be able to use credits up to an amount corresponding to a percentage, which shall not be set below 4,5 %, of their verified emissions during the period from 2013 to 2020. Aircraft operators shall be able to use credits up to an amount corresponding to a percentage, which shall not be set below 1,5 %, of their verified emissions during the period from 2013 to 2020.

Measures shall be adopted to specify the exact percentages which shall apply under the first, second and third subparagraphs. At least one-third of the additional amount which is to be distributed to existing operators beyond the first percentage referred to in the first subparagraph shall be distributed to the operators which had the lowest level of combined average free allocation and project credit use in the period from 2008 to 2012.

Those measures shall ensure that the overall use of credits allowed does not exceed 50 % of the Community-wide reductions below the 2005 levels of the existing sectors under the Community scheme over the period from 2008 to 2020 and 50 % of the Community-wide reductions below the 2005 levels of new sectors and aviation over the period from the date of their inclusion in the Community scheme to 2020.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

9. From 1 January 2013, measures may be applied to restrict the use of specific credits from project types.

Those measures shall also set the date from which the use of credits under paragraphs 1 to 4 shall be in accordance with these measures. That date shall be, at the earliest, six months from the adoption of the measures or, at the latest, three years from their adoption.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3). The Commission shall consider submitting to the Committee a draft of the measures to be taken where a Member State so requests.’;

In Article 11b(1) the following subparagraph shall be added:

‘The Community and its Member States shall only authorise project activities where all project participants have headquarters either in a country that has concluded the international agreement relating to such projects or in a country or sub-federal or regional entity which is linked to the Community scheme pursuant to Article 25.’;

Article 12 shall be amended as follows:

the following paragraph shall be inserted:

‘1a. The Commission shall, by 31 December 2010, examine whether the market for emissions allowances is sufficiently protected from insider dealing or market manipulation and, if appropriate, shall bring forward proposals to ensure such protection. The relevant provisions of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) ( 14 ) may be used with any appropriate adjustments needed to apply them to trade in commodities.

the following paragraph shall be inserted:

‘3a. An obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ( 15 ).

the following paragraph shall be added:

‘5. Paragraphs 1 and 2 apply without prejudice to Article 10c.’;

Article 13 shall be replaced by the following:

Validity of allowances.

1. Allowances issued from 1 January 2013 onwards shall be valid for emissions during periods of eight years beginning on 1 January 2013.

2. Four months after the beginning of each period referred to in paragraph 1, allowances which are no longer valid and have not been surrendered and cancelled in accordance with Article 12 shall be cancelled by the competent authority.

Member States shall issue allowances to persons for the current period to replace any allowances held by them which are cancelled in accordance with the first subparagraph.’;

Article 14 shall be replaced by the following:

Monitoring and reporting of emissions.

1. By 31 December 2011, the Commission shall adopt a regulation for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Articles 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and shall specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas.

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

2. The regulation referred to in paragraph 1 shall take into account the most accurate and up-to-date scientific evidence available, in particular from the IPCC, and may also specify requirements for operators to report on emissions associated with the production of goods produced by energy intensive industries which may be subject to international competition. That regulation may also specify requirements for this information to be verified independently.

Those requirements may include reporting on levels of emissions from electricity generation covered by the Community scheme associated with the production of such goods.

3. Member States shall ensure that each operator of an installation or an aircraft operator monitors and reports the emissions from that installation during each calendar year, or, from 1 January 2010, the aircraft which it operates, to the competent authority after the end of that year in accordance with the regulation referred to in paragraph 1.

4. The regulation referred to in paragraph 1 may include requirements on the use of automated systems and data exchange formats to harmonise communication on the monitoring plan, the annual emission report and the verification activities between the operator, the verifier and competent authorities.’;

Article 15 shall be amended as follows:

the title shall be replaced by the following:

the following paragraphs shall be added:

‘By 31 December 2011, the Commission shall adopt a regulation for the verification of emission reports based on the principles set out in Annex V and for the accreditation and supervision of verifiers. It shall specify conditions for the accreditation and withdrawal of accreditation, for mutual recognition and peer evaluation of accreditation bodies, as appropriate.

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

The following Article shall be inserted:

Disclosure of information and professional secrecy.

Member States and the Commission shall ensure that all decisions and reports relating to the quantity and allocation of allowances and to the monitoring, reporting and verification of emissions are immediately disclosed in an orderly manner ensuring non-discriminatory access.

Information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the applicable laws, regulations or administrative provisions.’;

In Article 16, paragraph 4 shall be replaced by the following:

‘4. The excess emissions penalty relating to allowances issued from 1 January 2013 onwards shall increase in accordance with the European index of consumer prices.’;

Article 19 shall be amended as follows:

paragraph 1 shall be replaced by the following:

‘1. Allowances issued from 1 January 2012 onwards shall be held in the Community registry for the execution of processes pertaining to the maintenance of the holding accounts opened in the Member State and the allocation, surrender and cancellation of allowances under the Commission Regulation referred to in paragraph 3.

Each Member State shall be able to fulfil the execution of authorised operations under the UNFCCC or the Kyoto Protocol.’;

the following paragraph shall be added:

‘4. The Regulation referred to in paragraph 3 shall contain appropriate modalities for the Community registry to undertake transactions and other operations to implement arrangements referred to in Article 25(1b). That Regulation shall also include processes for the change and incident management for the Community registry with regard to issues in paragraph 1 of this Article. It shall contain appropriate modalities for the Community registry to ensure that initiatives of the Member States pertaining to efficiency improvement, administrative cost management and quality control measures are possible.’;

Article 21 shall be amended as follows:

in paragraph 1, the second sentence shall be replaced by the following:

‘That report shall pay particular attention to the arrangements for the allocation of allowances, the operation of registries, the application of the implementing measures on monitoring and reporting, verification and accreditation and issues relating to compliance with this Directive and on the fiscal treatment of allowances, if any.’;

paragraph 3 shall be replaced by the following:

‘3. The Commission shall organise an exchange of information between the competent authorities of the Member States concerning developments relating to issues of allocation, the use of ERUs and CERs in the Community scheme, the operation of registries, monitoring, reporting, verification, accreditation, information technology, and compliance with this Directive.’;

Article 22 shall be replaced by the following:

Amendments to the Annexes.

The Annexes to this Directive, with the exception of Annexes I, IIa and IIb, may be amended in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.

Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

The following paragraph shall be added to Article 23:

‘4. Where reference is made to this paragraph, Article 4 and 7 of Decision 1999/468/CE shall apply, having regard to the provisions of Article 8 thereof.’;

Article 24 shall be replaced by the following:

Procedures for unilateral inclusion of additional activities and gases.

1. From 2008, Member States may apply emission allowance trading in accordance with this Directive to activities and to greenhouse gases which are not listed in Annex I, taking into account all relevant criteria, in particular the effects on the internal market, potential distortions of competition, the environmental integrity of the Community scheme and the reliability of the planned monitoring and reporting system, provided that inclusion of such activities and greenhouse gases is approved by the Commission.

in accordance with the regulatory procedure referred to in Article 23(2), if the inclusion refers to installations which are not covered by Annex I; 또는.

in accordance with the regulatory procedure with scrutiny referred to in Article 23(3), if the inclusion refers to activities and greenhouse gases which are not listed in Annex I. Those measures are designed to amend non-essential elements of this Directive by supplementing it.

2. When the inclusion of additional activities and gases is approved, the Commission may at the same time authorise the issue of additional allowances and may authorise other Member States to include such additional activities and gases.

3. On the initiative of the Commission or at the request of a Member State, a regulation may be adopted on the monitoring of, and reporting on, emissions concerning activities, installations and greenhouse gases which are not listed as a combination in Annex I, if that monitoring and reporting can be carried out with sufficient accuracy.

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

The following Article shall be inserted:

Harmonised rules for projects that reduce emissions.

1. In addition to the inclusions provided for in Article 24, implementing measures for issuing allowances or credits in respect of projects administered by Member States that reduce greenhouse gas emissions not covered by the Community scheme may be adopted.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

Any such measures shall not result in the double-counting of emission reductions nor impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Measures shall only be adopted where inclusion is not possible in accordance with Article 24, and the next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community.

2. Implementing measures that set out the details for crediting in respect of Community-level projects referred to in paragraph 1 may be adopted.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

3. A Member State can refuse to issue allowances or credits in respect of certain types of projects that reduce greenhouse gas emissions on its own territory.

Such projects will be executed on the basis of the agreement of the Member State in which the project takes place.’;

In Article 25, the following paragraphs shall be inserted:

‘1a. Agreements may be made to provide for the recognition of allowances between the Community scheme and compatible mandatory greenhouse gas emissions trading systems with absolute emissions caps established in any other country or in sub-federal or regional entities.

1b. Non-binding arrangements may be made with third countries or with sub-federal or regional entities to provide for administrative and technical coordination in relation to allowances in the Community scheme or other mandatory greenhouse gas emissions trading systems with absolute emissions caps.’;

Articles 27, 28 and 29 shall be replaced by the following:

Exclusion of small installations subject to equivalent measures.

1. Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions:

it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission;

it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14;

it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme;

it publishes the information referred to in points (a), (b) and (c) for public comment.

Hospitals may also be excluded if they undertake equivalent measures.

2. If, following a period of three months from the date of notification for public comment, the Commission does not object within a further period of six months, the exclusion shall be deemed approved.

Following the surrender of allowances in respect of the period during which the installation is in the Community scheme, the installation shall be excluded and the Member State shall no longer issue free allowances to the installation pursuant to Article 10a.

3. When an installation is reintroduced into the Community scheme pursuant to paragraph 1(c), any allowances issued pursuant to Article 10a shall be granted starting with the year of the reintroduction. Allowances issued to these installations shall be deducted from the quantity to be auctioned pursuant to Article 10(2) by the Member State in which the installation is situated.

Any such installation shall stay in the Community scheme for the rest of the trading period.

4. For installations which have not been included in the Community scheme during the period from 2008 to 2012, simplified requirements for monitoring, reporting and verification may be applied for determining emissions in the three years preceding the notification under paragraph 1 point (a).

Adjustments applicable upon the approval by the Community of an international agreement on climate change.

1. Within three months of the signature by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding 20 % compared to 1990 levels, as reflected in the 30 % reduction commitment as endorsed by the European Council of March 2007, the Commission shall submit a report assessing, in particular, the following elements:

the nature of the measures agreed upon in the framework of the international negotiations as well as the commitments made by other developed countries to comparable emission reductions to those of the Community and the commitments made by economically more advanced developing countries to contributing adequately according to their responsibilities and respective capabilities;

the implications of the international agreement on climate change, and consequently, options required at Community level, in order to move to the more ambitious 30 % reduction target in a balanced, transparent and equitable way, taking into account work under the Kyoto Protocol's first commitment period;

the Community manufacturing industries' competitiveness in the context of carbon leakage risks;

the impact of the international agreement on climate change on other Community economic sectors;

the impact on the Community agriculture sector, including carbon leakage risks;

the appropriate modalities for including emissions and removals related to land use, land use change and forestry in the Community;

afforestation, reforestation, avoided deforestation and forest degradation in third countries in the event of the establishment of any internationally recognised system in this context;

the need for additional Community policies and measures in view of the greenhouse gas reduction commitments of the Community' and of Member States.

2. On the basis of the report referred to in paragraph 1, the Commission shall, as appropriate, submit a legislative proposal to the European Parliament and to the Council amending this Directive pursuant to paragraph 1, with a view to the amending Directive entering into force upon the approval by the Community of the international agreement on climate change and in view of the emission reduction commitment to be implemented under that agreement.

The proposal shall be based upon the principles of transparency, economic efficiency and cost-effectiveness, as well as fairness and solidarity in the distribution of efforts between Member States.

3. The proposal shall allow, as appropriate, operators to use, in addition to the credits provided for in this Directive, CERs, ERUs or other approved credits from third countries which have ratified the international agreement on climate change.

4. The proposal shall also include, as appropriate, any other measures needed to help reach the mandatory reductions in accordance with paragraph 1 in a transparent, balanced and equitable way and, in particular, shall include implementing measures to provide for the use of additional types of project credits by operators in the Community scheme to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement on climate change, as appropriate.

5. The proposal shall include the appropriate transitional and suspensive measures pending the entry into force of the international agreement on climate change.

Report to ensure the better functioning of the carbon market.

If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning.’;

The following Article shall be inserted:

Measures in the event of excessive price fluctuations.

1. If, for more than six consecutive months, the allowance price is more than three times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC.

2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, one of the following measures may be adopted, taking into account the degree of price evolution:

a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned;

a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve.

Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4).

3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States.

4. The arrangements for the application of these provisions shall be laid down in the regulation referred to in Article 10(4).’;

Annex I shall be replaced by the text appearing in Annex I to this Directive;

Annexes IIa and IIb shall be inserted as set out in Annex II to this Directive;

Annex III shall be deleted.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2012.

However, they shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 9a(2) of Directive 2003/87/EC as inserted by Article 1(10) of this Directive and with Article 11 of Directive 2003/87/EC as amended by Article 1(13) of this Directive by 31 December 2009.

Member States shall apply the measures referred to in the first subparagraph from 1 January 2013. When Member States adopt the measures referred to in the first and second subparagraphs, those measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.

The provisions of Directive 2003/87/EC, as amended by Directive 2004/101/EC, Directive 2008/101/EC and Regulation (EC) No 219/2009, shall continue to apply until 31 December 2012.

Entry into force.

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

This Directive is addressed to the Member States.

Done at Strasbourg, 23 April 2009.

For the European Parliament.

For the Council.

( 3 ) Opinion of the European Parliament of 17 December 2008 (not yet published in the Official Journal) and Council Decision of 6 April 2009.

( 10 ) Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol’s project mechanisms (OJ L 338, 13.11.2004, p. 18).

( 11 ) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).

( 12 ) Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Two (OJ L 87, 31.3.2009, p. 109).

Annex I to Directive 2003/87/EC shall be replaced by the following:

CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES.

1. Installations or parts of installations used for research, development and testing of new products and processes and installations exclusively using biomass are not covered by this Directive.

2. The thresholds values given below generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same installation, the capacities of such activities are added together.

3. When the total rated thermal input of an installation is calculated in order to decide upon its inclusion in the Community scheme, the rated thermal inputs of all technical units which are part of it, in which fuels are combusted within the installation, are added together. These units could include all types of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units. Units with a rated thermal input under 3 MW and units which use exclusively biomass shall not be taken into account for the purposes of this calculation. “Units using exclusively biomass” includes units which use fossil fuels only during start-up or shut-down of the unit.

4. If a unit serves an activity for which the threshold is not expressed as total rated thermal input, the threshold of this activity shall take precedence for the decision about the inclusion in the Community scheme.

5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit.

6. From 1 January 2012 all flights which arrive at or depart from an aerodrome situated in the territory of a Member State to which the Treaty applies shall be included.

Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste)

Refining of mineral oil.

Production of coke.

Metal ore (including sulphide ore) roasting or sintering, including pelletisation.

Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour.

Production or processing of ferrous metals (including ferro-alloys) where combustion units with a total rated thermal input exceeding 20 MW are operated. Processing includes, inter alia, rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling.

Production of primary aluminium.

Carbon dioxide and perfluorocarbons.

Production of secondary aluminium where combustion units with a total rated thermal input exceeding 20 MW are operated.

Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated.

Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day.

Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day.

Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day.

Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day.

Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day.

Drying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion units with a total rated thermal input exceeding 20 MW are operated.

Production of pulp from timber or other fibrous materials.

Production of paper or cardboard with a production capacity exceeding 20 tonnes per day.

Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues, where combustion units with a total rated thermal input exceeding 20 MW are operated.

Production of nitric acid.

Carbon dioxide and nitrous oxide.

Production of adipic acid.

Carbon dioxide and nitrous oxide.

Production of glyoxal and glyoxylic acid.

Carbon dioxide and nitrous oxide.

Production of ammonia.

Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day.

Production of hydrogen (H 2 ) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day.

Production of soda ash (Na 2 CO 3 ) and sodium bicarbonate (NaHCO 3 )

Capture of greenhouse gases from installations covered by this Directive for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC.

Transport of greenhouse gases by pipelines for geological storage in a storage site permitted under Directive 2009/31/EC.

Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31/EC.

Flights which depart from or arrive in an aerodrome situated in the territory of a MemberState to which the Treaty applies.

This activity shall not include:

flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;

military flights performed by military aircraft and customs and police flights;

flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;

any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;

flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;

training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;

flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;

flights performed by aircraft with a certified maximum take-off mass of less than 5 700 kg;

flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed 30 000 seats per year; 과.

flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:

fewer than 243 flights per period for three consecutive four-month periods, or.

flights with total annual emissions lower than 10 000 tonnes per year.

Flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a MemberState may not be excluded under this point.’

The following Annexes shall be inserted as Annex IIa and Annex IIb to Directive 2003/87/EC:

Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of Community solidarity and growth in order to reduce emissions and adapt to the effects of climate change.

DISTRIBUTION OF ALLOWANCES TO BE AUCTIONED BY MEMBER STATES PURSUANT TO ARTICLE 10(2)(c) REFLECTING EARLY EFFORTS OF SOME MEMBER STATES TO ACHIEVE 20 % REDUCTION OF GREENHOUSE GAS EMISSIONS.

Distribution of the 2 % against the Kyoto base in percentages.