온실 가스 배출권 거래제 규정 2017

온실 가스 배출권 거래제 규정 2017
2017 년 12 월 5 일.
의회에 제출.
2017 년 12 월 6 일.
힘이 가고 있습니다.
2017 년 12 월 27 일.
국무 장관은 1972 년 유럽 공동체 법 (European Communities Act 1972 (2))의 2 (2) 항의 목적을 위해 환경부와 관련된 장관 (1)입니다.
국무 장관은 1999 년 환경 오염 방지 및 통제법 (1999 년 법) (3)에 따라 환경청, 웨일즈의 천연 자원기구, 스코틀랜드 환경 보호국, 그리고 국무 장관이 지방 정부, 산업, 농업 및 중소기업, 그리고 그러한 다른 단체 및 인원의 이해 관계를 대표하는 것으로 비서 국무 장관에게 나타나는 그러한 단체 또는 사람.
따라서 국무 장관은 1999 년 법의 2 항과 7 항 (9)과 1999 년 법의 부칙 1과 1972 년 유럽 공동체 법의 2 항 (2)에 의해 부여 된 권한을 행사함에있어 다음 규칙 ) :
인용 및 시작.
이 규정은 2017 년 온실 가스 배출권 거래 제도 (개정) 규정으로 인용 될 수 있으며, 2017 년 12 월 27 일에 발효됩니다.
2012 년 온실 가스 배출권 거래제 규정 개정.
- (1) 2012 (5) 온실 가스 배출권 거래제 규정은 (2)부터 (6)까지 개정된다.
(2) 규칙 35 (4)에 대하여,
"(4) 제 (6) 항 내지 (8) 항을 조건으로 제 (3) 항에 따라 작성된 보고서는 규제 당국에 제출되어야한다.
(a) 2019 년 3 월 11 일까지 2018 년 계획 기간 동안; 또는.
(b) 기타 계획 연도의 경우, 해당 계획 연도 다음 연도의 3 월 31 일까지. "
(3) 규칙 42 A (2)에 대하여,
"(2) 단락 (3)과 규정 42 B를 조건으로 2015 년부터 시작되는 각 계획 연도에 대해 A는 해당 계획에서 연간 A보고의 연간 배출량과 동일한 수의 허용량 또는 항공 수당을 1 년 단위로 양도해야합니다.
(a) 2019 년 3 월 15 일, 2018 년 계획 기간; 또는.
(b) 다른 계획 연도의 경우 다음 4 월 30 일. "
(4) 규칙 54 (7) (b)에 대하여,
"(b)"관련 일자 "
(i) (4) 항에 언급 된 계획 연도가 2019 년 3 월 15 일 2018 년 계획 기간이라면; 또는.
(ⅱ) (4) 항에 언급 된 계획 연도가 다른 계획안 연도 인 경우, 해당 계획 연도 다음 연도의 4 월 30 일; ".
(5) 별표 4의 2 (3) (b) 항에 대해서는,

항공기 배출량 감소.
항공은 가장 빠르게 성장하는 온실 가스 배출원 중 하나입니다. EU는 유럽의 항공 배출을 줄이고 국제 사회와 협력하여 전 지구 적 차원의 조치를 개발하기위한 조치를 취하고있다.
항공 배출은 빠르게 증가하고 있습니다.
항공기에서 배출되는 직접 배출은 EU의 총 온실 가스 배출량의 약 3 %를 차지하고 전세계 배출량의 2 % 이상을 차지합니다. 세계 항공이 국가라면 상위 10 개 에미리트에 위치 할 것입니다.
런던에서 뉴욕까지 비행하는 사람은 유럽 연합의 평균적인 사람이 1 년 동안 집을 난방하는 것과 거의 같은 수준의 배출 가스를 배출합니다.
2020 년까지 전세계 국제 항공 배출량은 2005 년보다 약 70 % 증가 할 것으로 예상되며 국제 민간 항공기구 (ICAO)는 2050 년까지 300 ~ 700 % 더 성장할 것으로 전망했다.
다른 부문과 함께, 항공은 EU 배출 거래 시스템을 통해 EU 내 배출 감소에 기여하고 있습니다.
EU 배출권 거래 시스템에서의 항공.
2012 년부터 항공기의 CO2 배출량이 EU 배출권 거래 시스템 (EU ETS)에 포함되었습니다. EU ETS 하에서 유럽, 유럽 및 비 유럽 국가에서 운영되는 모든 항공사는 배출량을 모니터링, 보고 및 확인해야하며, 그리고 그러한 배출량에 대한 허용치를 포기하는 것. 그들은 일년에 비행에서 일정 수준의 배출량을 다루는 교환 가능한 허용치를받습니다.
이 시스템은 지금까지 항공 부문의 탄소 배출량을 연간 1,700 만 톤 이상 줄이는 데 기여했으며, 준수는 99.5 % 이상의 배출량을 처리했습니다.
ETS와 같은 시장 기반 조치 외에도 항공 교통 관리 기술, 절차 및 시스템을 현대화하고 개선하는 것과 같은 운영 조치는 항공 배출량 저감에 기여합니다.
2008 년에 채택 된이 법안은 유럽 경제 지역 (EEA) (EU 회원국 28 개국, 아이슬란드, 리히텐슈타인 및 노르웨이)에서 출발하여 도착하는 항공편의 배출량에 적용되도록 설계되었습니다. 유럽 ​​법무부 (European Court of Justice)는이 접근법이 국제법과 양립 할 수 있음을 확인했습니다.
그러나 EU는 국제 민간 항공기구 (ICAO)가 국제적 조치를 개발할 수 있도록 2016 년까지 EU ETS의 범위를 EEA 내의 비행으로 제한하기로 결정했다.
2016 년 ICAO 총회에서 채택 된 국제적 조치 (아래 참조)에 비추어 EU는 EU-EEA의 지리적 범위를 2017 년 이후부터 EEA 내 비행으로 제한하기로 결정했다. 항공에 대한 EU ETS는 CORSIA의 운영과 관련된 국제 개발에 비추어 새로운 검토 대상이 될 것입니다. 다음 검토는 EU 법령의 개정을 통해 EU 법안에 국제법을 이행하는 방법을 고려해야한다. 새로운 개정안이 없을 경우 EU ETS는 2024 년부터 원래의 전체 범위로 되돌아갑니다.
공개 상담 결과.
2016 년에 유럽위원회는 국제 항공의 기후 변화 영향을 줄이기위한 시장 기반 조치에 관한 공개 협의를 개최했습니다. 자문단은 글로벌 및 EU 정책 옵션에 대한 의견을 구했다.
총 85 명의 시민과 조직이 응답했습니다.
온실 가스 배출량을 상쇄하기위한 글로벌 체계.
2016 년 10 월 국제 민간 항공기구 (ICAO)는 2021 년 국제 항공 운송에서 발생하는 CO 2 배출량을 처리하기위한 세계 시장 기반 조치에 대한 결의안에 합의했습니다. 합의 된 결의안은 글로벌 방식의 목표 및 핵심 설계 요소뿐만 아니라 양식 구현 작업 완료를위한 로드맵을 제시합니다.
국제 항공에 대한 탄소 상쇄 및 저감 계획 (CORSIA)은 2020 년 이후 항공사들이 배출량 증가를 상쇄하도록 요구함으로써 2020 년 수준의 CO2 배출량을 안정화시키는 것을 목표로합니다.
항공사가 요구됩니다.
모든 국제 노선에서 배출량을 감시한다. 다른 분야 (예 : 재생 가능 에너지)에서 배출량을 줄이는 프로젝트에 의해 생성 된 적격 배출 단위를 구매하여 계획에 포함 된 노선에서 배출량을 상쇄합니다.
2021-2035 년 기간 동안, 그리고 예상되는 참여에 기초하여, 이 계획은 2020 년 이상의 배출량의 약 80 %를 상쇄하는 것으로 추정된다. 이것은 첫 번째 단계에 참여하는 것이 주정부에 자발적이며, 낮은 항공 활동을하는 사람들에게는 면제가 있기 때문입니다. 모든 EU 국가들이 처음부터이 계획에 동참 할 것이다.
계약 조건에 따라 계획을 정기적으로 검토해야합니다. 이는 계획이 파리 협약의 목표에 어떻게 기여 하는지를 포함하여 지속적인 개선을 허용해야합니다.
계획을 운영하기 위해 필요한 구현 규칙과 도구를 개발하기위한 작업이 ICAO에서 진행 중이다. CORSIA의 효과적이고 구체적인 이행 및 운영은 궁극적으로 국내 차원에서 개발되고 집행되는 국가 차원의 조치에 달려있다.
위원회 제안.
2011 년 3 월 2 일 - COM (2017) 54 - 항공 활동 범위의 현재 제한을 지속하고 2021 년 3 월 2 일부터 세계 시장 기반 조치를 준비하기위한 지침 2003 / 87 / EC를 개정하는 규정 제안 - SWD (2017) 30 - 영향 평가의 임원 요약 03/02/2017 - SWD (2017) 31 - 영향 평가.
글로벌 액션 구축.
10/2016 - 2016 ICAO 총회 결의안 제 3 국별 예약 30/10/2013 - 2013 ICAO 총회 결의안 제 3 국에서의 예약 유럽 시민 회의 42 개국으로부터의 성명서 10-11 / 2010 - 2010 ICAO 총회에 대한 예약 기후 변화에 대한 해결책 2010 년 7 월 10 일 - 2010 ICAO 기후 변화 협의회 결의안.
EU ETS 신청서는 2013 년부터 2016 년까지 적용됩니다.
2015 년 3 월 19 일 - 자주 묻는 질문 특별 준비에서 자유 할당 2011 년 4 월 16 일 - EU 내에서의 온실 가스 배출 허용 거래 계획을 수립하는 지침 2003 / 87 / EC를 개정하는 유럽 의회와 이사회의 Regulation (EU) No 421/2014 2020 년까지 국제 항공 시장 배출량에 대한 단일 시장 기반 측정을 적용한 국제 협약 이행 2013-2016 년에 대한 자주하는 질문 항공 용 EU 배출권 거래 시스템 개정 규정 16/10/2013 - COM (2013) 722 - 단일 세계 시장 기반의 국제 협약을 2020 년까지 이행 할 것을 고려하여 EU 내에서 온실 가스 배출 허용 거래에 관한 계획을 수립하는 지침 2003 / 87 / EC을 개정하는 유럽 의회와 이사회의 지침에 대한 제안 국제 항공 배출량을 측정합니다. SWD (2013) 430 - 영향 평가 SWD (2013) 431 - 영향 평가의 요약서 MEMO / 13 / 906 - 위원회는 2014 년 1 월 1 일부터 유럽 지역 영공에 EU ETS를 적용 할 것을 제안 함 28/10/2013 - 자주 묻는 질문 :위원회 제안 항공에 대한 EU 배출권 거래를위한 유럽 지역 영공 접근법 23/10/2013 - 2014 년에서 2020 년까지 EU ETS로부터 노선이 면제 될 것으로 제안되는 국가의 잠정 목록.
2012 년 EU ETS 신청.
2012 년 4 월 10 일 - 유럽위원회의 의사 소통 - 온실 가스 배출 허용 거래를위한 계획을 수립하는 지침 2003 / 87 / EC에서 일시적으로 훼손된 유럽 의회와 이사회의 결정 377 / 2013 / EU 시행에 관한 지침 커뮤니티 2012 년 4 월 24 일 - 유럽 의회와 이사회의 결정 377 / 2013 / EU는 유럽 공동체 내에서 온실 가스 배출 허용 거래를위한 계획을 수립하는 지침 2003 / 87 / EC를 일시적으로 철회 16/04/2013 - ( "면제 비행"혜택을받는 항공편) 2011 년 4 월 18 일 - 단계별 지침 20/11/2012 - COM (2012) 697 - 유럽 의회와 이사회의 결정에 관한 제안 2003 / 87 / EC는 공동체 내에서 온실 가스 배출 허용 거래를위한 계획을 수립했다.
주요 EU ETS 및 항공법.
2008 년 11 월 19 일 - 지침 2008 / 101 / EC - EU 내에서 온실 가스 배출 허용 거래를위한 계획에 항공 활동을 포함하도록 지침 2003 / 87 / EC 개정 13/10/2003 - 지침 2003 / 87 / EC - 공동체 내 온실 가스 배출 허용 거래 계획 수립 및 이사회 지침 96 / 61 / EC 개정
법률 시행.
26/02/2016 - 항공기 운영 업체의 EEA 전체 목록 20/07/2011 - EEA JC 결정 93/2011 - EEA 협정에 항공에 대한 연방 전체 허용량에 대한위원회 결정을 통합하고 EEA - 2011 년 7 월 1 일 - EEA JC 결정 87/2011 - EEA 협약에 연방 차원의 역사적 항공 배출량에 대한위원회 결정을 포함 시켰고, 역사적인 항공 배출량에 대한 EEA 전체 수치를 확정했습니다. / 2011 - Reglement 394/2011 : EEA-EFTA 국가들에 대한 연합 배출권 거래 제도의 확장에 대한 항공기 운영자 목록 07/03/2011 - 위원회 결정 2011 / 149 / EU - 제 3 조 c 항 (4)에 따른 역사적인 항공 배출량 ) 유럽 의회와 온실 가스 배출 허용 거래에 관한 계획을 수립 한 유럽 의회의 2003 / 87 / EC 지침 08/06/2009 - 위원회 결정 2009 / 450 / EC - 항공 활동의 상세한 해석 l Directive 2003 / 87 / EC 16/04/2009 Annex I에있다. - Commission Decision 2009 / 339 / EC - 항공 활동으로부터의 배출량 및 톤 킬로미터 데이터에 대한 모니터링 및보고 지침 포함.
EU 배출권 거래 시스템에 항공을 포함시키는 과정.
19/09/2008 - COM / 2008 / 0548 - 유럽 의회의 평의회의 개정안에 대한 의사 소통 08/07/2008 - 2006/0304 (COD) - 위원회의 제안에 대한 유럽 의회 평의회 결의안 22/04/2008 - COM / 2008 / 221 - 유럽 공동체위원회의 유럽 공동체의 의견 교환 18/04/2008 - 2006/0304 (COD) - 제안에 관한 이사회의 공통 입장 20/12/2007 - Political 위원회의 제안에 대한 유럽 공동체의 첫 번째 독서 입장에 관한 환경 장관의 합의 13/11/2007 - 위원회의 제안에 관한 유럽 의회의 첫 번째 열독 위치 10/10/2007 - 지역위원회의 의견에 동의 함 유럽 ​​연합 (EU) 배출권 거래 시스템에 대한 항공의 포함과 관련하여 2007 년 9 월에 ICAO 총회에서 EU 회원국이 취할 입장에 관한 결론 - ETS에 항공이 포함되어야한다는 EU 집행위원회의 2007 년 6 월 8 일 협의회 31 / 05/2007 - 작곡 유럽 ​​배출권 문제를 다루기위한 "신중하게 고려되고 실용적인 접근법"으로 EU 집행위원회의 제안을 환영하는 유럽 경제 사회위원회 (European Economic and Social Committee)의 2006 년 20/12 일 - 유럽 의회와 이사회의 지침 2003 / 87 / EC는 공동체 내에서 온실 가스 배출 허용 거래를위한 계획에 항공 활동을 포함 시킴 2006 년 4 월 7 일 - 위원회 통신에 대한 유럽 의회 의결 2006 년 4 월 - 유럽 경제 사회위원회 위원회의 의사 소통 16/12/2005 - 유럽 이사회 결론 12/2005 - 환경 협의회의지지 결론 27/09/2005 - 기후 변화에 대한 항공의 영향을 줄이기위한 계획을 간략히 설명하는 유럽 집행위원회의 의사 소통.
워킹 그룹.
04/2006 - 회원국 및 산업, 소비자 및 환경 단체의 전문가들을 모으는 Aviation Working Group 최종 보고서 2005-2006 - 워킹 그룹 회의의 배경 문서 및 회의록.
기타 유용한 문서.
2011 년 2 월 12 일 - 연구 : 국제 항공 배출량 측정을위한 국제 시장 기반 법안을 구현하기위한 법적 준비 가능 25/03/2014 - ETS Aviation 소규모 배출 업체 : EU ETS를 항공 소형 이미 터에 적용하는 비용 평가 및 단순화를 통한 개선 잠재력 분석 , 대체 임계치 및 대체 법규 (요약) 20/12/2006 - 요약 영향 평가 20/12/2006 - 전 영향 평가 27/09/2005 - 예비 영향 평가 07/2005 - 항공을 포함시킬 가능성에 대한 연구 EU 배출권 거래 시스템 2005 - 2005 년 3 월 11 일부터 5 월 6 일까지 항공의 기후 변화 영향 감소에 관한 공개 협의에 관한 보고서.
EU ETS에 대한 ATA의 법적 소송.
21/12/2011 - EU ETS Faq에 대한 ATA 케이스 관련 문서
모든 질문을 엽니 다.
질문 & amp; 답변 : 항공에 대한 EU 배출권 거래 시스템을 개정하는 규정 제안 (2017 년 2 월)
항공에 대한 EU 배출권 거래 시스템을 개정하는 2013-2016 년 규제에 대한 자주하는 질문 (2014 년 5 월)
자주 묻는 질문. 특별 준비금 무료 할당 (2015 년 3 월)
질문 & amp; 역사적인 항공 배출량 및 EU 배출권 거래 시스템 (EU ETS)에 항공 포함 여부에 대한 답변
역사적인 항공 배출 가스가 EU ETS에 항공을 포함시키는 데 중요한 이유는 무엇입니까?
역사적인 항공 배출은 2012 년 1 월부터 해당 부문이 EU ETS에 포함될 때 적용되는 항공 배출에 대한 상한선을 계산하는 기초가됩니다. 유럽 집행위원회의 오늘의 결정은 2004 년, 2005 년 및 2006 년의 연간 배출량의 평균을 발표합니다. EU ETS의 적용을받는 모든 항공편은 유럽 항공사와의 항공 운송 업체가 수행합니다. 2004-2006 년 동안의 연평균 역사적 항공 배출량을 기반으로 2012 년에 창출 될 항공 수당의 수는 212,892,052 톤 (역사적인 항공 배출량의 97 %)이며 매년 발생하는 항공 수당의 수는 2013 년 이후에는 208,502,525 톤 (역사적인 항공 배출량의 95 %)이됩니다.
역사적인 항공 배출량은 어떻게 계산 되었습니까?
위원회는 유럽 항행 안전기구 인 Eurocontrol에 의해 지원을 받았다. Central Route Charges Office (CRCO) 및 Central Flow Management Unit (CFMU)의 Eurocontrol 데이터베이스에 포함 된 포괄적 인 항공 교통 데이터는 역사적인 배출량을 계산할 때 가장 유용한 데이터로 간주되었습니다. 이들은 각 개별 비행에 대한 실제 경로 길이의 계산을 제공합니다. 그런 다음 ANCAT 3 (항공 운송으로 인한 불필요한 교통 사고의 감소) 방법론과 CASE (선택적 동등성에 의한 배출량 계산) 방법론을 사용하여 비행 별 기준으로 배출량을 계산했습니다.
위원회는 Eurocontrol의 데이터 외에도 다른 유형과 크기의 거의 30 개 항공기 운영 업체의 실제 연료 소비에 대한 정보도 사용했습니다. 이 데이터는 기본 연도에 배출량의 93 %를 담당 한 항공기 유형에 대한 데이터입니다.
셋째, 보조 동력 장치 (APU)의 사용과 관련된 연료 소비를 설명하기 위해 추가 계산이 수행되었습니다. APU는 항공기가 공항에 고정되어있을 때 조명 및 냉방을 제공하는 데 사용되는 소형 엔진입니다. 항공기가 지상 근원 전력 및 환기 서비스에 연결되어 있지 않을 때 사용됩니다. 취해진 접근법은 다양한 항공기 유형에 대한 평균 APU 연료 소비량을 먼저 결정하는 것이 었습니다. APU 연료 소비의 개별 배출 계수는 각 항공기 유형의 EU ETS 하에서의 비행에 대한 연료 연소의 실제 점유율과 공항에서 지상 전력의 사용을 고려한 프로세스를 적용하여 총 APU 배출량을 계산하기 위해 추정되었습니다. 총 APU 연료 소비량에 해당하는 배출량은 2004 년, 2005 년 및 2006 년 각각의 과거 항공 배출량에 포함되었습니다.
2004-2006 기간이 항공 배출량의 기준선으로 선택된 이유는 무엇입니까?
2004-06 년 기준 기간은 EU ETS에 항공을 포함시키는 법안에 정의되어 있습니다. EU ETS 하에서의 항공 배분의 기준선 기간은 지난 15 년 동안의 항공 산업의 상당한 성장을 감안할 때 EU 전체 감축 노력에 대한 1990 년 기준선과 다르다.
역사적인 항공 배출량을 게시하는 데 지연이 있었던 이유는 무엇입니까?
이 결정은 역사적인 배출물에 대한 데이터를보다 많은 시간을 소비하기 위해 원래 예상보다 늦게 채택되었습니다. 특히 보조 동력 장치 (APU)에서 사용되는 연료와 관련하여 역사적인 항공 배출량의 추정 정확도를 높이기위한 추가 연구가 수행되었습니다. Eurocontrol의 지원과 항공 분야의 기여와 함께 APU를 평가하는 방법론이 개발되었고 APU의 연료 자문이 추산되었습니다. 이 숫자는 비행에 근거한 CO2 배출량에 더해졌습니다.
이 지침의 시행에서 예상되는 후속 단계는 항공기 운영자에게 무료 할당 및 경매 될 수당의 양을 결정하는 것이다.
항공기 운영자 당 할당은 어떻게 계산됩니까?
허용치의 82 %는 항공기 운영자에게 무료로 제공되며 15 %의 CO2 허용량은 경매에 의해 할당됩니다. 나머지 3 %는 빠른 성장세를 보이는 항공사 및 신규 진입자에게 나중에 배포 할 수 있도록 특별 준비금에 할당됩니다.
무료 수당은 2010 년 각 항공사의 승객 수 및화물 운송 건수 및 총 이동 거리를 기준으로 벤치마킹 프로세스를 통해 할당됩니다. 벤치 마크는 2011 년 9 월 30 일까지 게시되어야합니다.
회원국은 경매로 인한 모든 수입이 운송 부문을 포함하여 기후 변화를 해결하는 데 사용되어야한다는 점에 동의했습니다.
2010 년에 아이슬란드 화산재 구름에 의해 항공 배출량 상한이 영향을받을 것인가?
2010 년 아이슬란드 화산에서 발생한 사건은 EU ETS에 따른 항공기 배출 총량의 크기 또는 항공기 운영자에게 무료로 할당 될 수당의 총 수에 아무런 영향을주지 않습니다.
우리는 화산재 구름의 영향이 항공기 운영자들 사이의 자유 허용치 분포에 중대한 영향을 미칠 것이라는 데이터를 보지 못했습니다. 대다수의 사업자가 화산재 구름으로 인한 비행 제한의 영향을받은 반면 특정 항공사가 다른 항공사보다 더 많은 항공편을 취소해야하는 경우 재배포가 발생할 수 있습니다. 실제로 우리가 본 모든 추정은 분포 영향이 매우 작다는 것을 확인합니다.
항공기 운영자에게 무료 수당을 할당하기 위해 2010 년 벤치마킹 연도를 변경하거나 조정하기 위해 규제 기관이 기본 EU 법안을 변경해야합니다. 그러한 입법을 채택하는 데에는 일반적으로 2 년이 소요되며이 과정을 시작할 계획이 없습니다.
EU ETS의 영향을받을 항공사 및 노선은 무엇입니까?
EU ETS는 유럽 연합 (EU) 또는 외국 기반의 모든 항공기 운영 업체를 대상으로 EU 공항 간, 국제선 공항 간 또는 국제선 간 운항을 지원합니다. 따라서 모든 항공사는 동등하게 취급됩니다. 매우 가벼운 항공기는 커버되지 않습니다. 군대, 경찰, 세관 및 구조 비행, 주 및 정부 사업에 대한 비행, 훈련 또는 시험 비행도 면제됩니다.
관리 비용을 줄이기 위해 각 사업자는 단일 회원국에 의해 EU 역내, 역내 및 EU 역내 총 배출량에 관한 관리를 받게됩니다.
시스템에 포함될 수있는 항공기 운영자 목록에는 4000 명이 넘는 운영자가 포함됩니다. 목록은 Eurocontrol의 지원을 받아 만들어졌으며 실제 비행 정보를 기반으로했습니다. 2010 년에 일어난 모든 변화를 고려하기 위해 2011 년 2 월에 마지막으로 업데이트되었습니다.
항공은 국제 비즈니스입니다 - 왜 지구 적 차원에서 배출권 거래를하지 않습니까?
EU는 항공기의 기후 영향을 줄이기위한 국제 행동을지지하는 가장 강력한 단체입니다. 각국은 유엔 기후 변화 기본 협약 (UNFCCC)이나 국제 민간 항공기구 (ICAO)를 통해 공동 글로벌 시스템에 동의하지 못했습니다. 2010 년 10 월에 있었던 최근 의회에서 채택 된 기후 변화에 관한 결의안에 따르면, ICAO의 주정부는 세계 시장 기반 조치의 타당성을 모색하기위한 추가 연구를 촉구했습니다. 결의안은 또한 주정부가 2020 년 이전에 조치를 취할 수 있음을 인정했습니다. EU ETS는 시장 기반 조치를 항공에 적용하기위한 좋은 모델을 제공합니다. EU ETS와 호환되는 국제 항공을 다루는 다른 국가 프로그램의 개발은 지구 적 행동이 실현 될 수있는 실용적인 방법이다.
일부 미국 항공사의 EU 지침에 대한 소송은 어떻게됩니까?
많은 항공사들이 항공기로 인한 기후 변화 영향을 다루기 위해 EU에 의한 조치를지지하지만, EU 지침에 대한 도전은 여러 미국 항공사에 의해 시작되었습니다. 이것은 유럽의 사법 재판소에 회부되었으며, 유럽 집행위원회, 유럽 의회, 이사회 및 다수의 회원국이이 사건에 개입하는 다른 단체들과 함께 관찰 자료를 제출했다. 관련된 항공사는이 과제의 해결을 기다리고있는 Directive의 요구 사항을 준수하고 있습니다.
항공 배출에 어떤 영향이 있을까요?
현재 EU ETS에 항공기를 포함하는 것이 환경에 미치는 영향은 중요하다. 왜냐하면 현재 급속도로 증가하고있는 항공기 배출량은 2004-2006 년 평균 수준 이하로 제한되기 때문이다. 2020 년까지 총 1 억 8,300 만 톤의 이산화탄소가 연간 운항 비용 절감으로 평년 대비 46 % 감소 할 것으로 예상됩니다. 이는 모든 배출원에서 발생한 오스트리아의 연간 온실 가스 배출량의 두 배에 해당합니다. 이러한 삭감 중 일부는 항공사 자체에서 가능할 수 있습니다. 그러나 EU 체제에 참여하는 것은 다른 옵션을 제공 할 것이다. 즉, 시장에서의 추가 수당 구매 - 즉, 배출량을 줄이기 위해 다른 참가자들에게 지불 - 또는 교토 의정서의 유연한 메커니즘에 따라 수행되는 배출 저감 프로젝트에 투자하는 것이다. 이러한 옵션을 항공에 제공한다고해서 배출량 감축의 기후 영향이 어디에서 발생했는지에 관계없이 동일하기 때문에 제안의 환경 영향을 감소시키지 않습니다.
티켓 가격이 인상 될까요?
EU에 항공편 포함 ETS는 항공 운송 티켓에 직접적으로 영향을 주거나 규제하지 않습니다. 그러나 항공기 운영자는 할당 된 것 외에도 시장에서 더 효율적인 비행기에 투자하거나 배출권을 구매해야 할 수도 있습니다. 티켓 가격에 미치는 영향은 미미할 것입니다. 항공사가 이러한 추가 비용을 고객에게 전적으로 전 달한다고 가정하면 2020 년까지 EU 역내 항공권 가격이 € 1.8 ~ € 9 상승 할 수 있습니다. 환경 영향이 높기 때문에 장거리 여행은 여행 길이에 따라 다소 증가 할 수 있습니다. 예를 들어 현재의 탄소 가격이 € 15 인 뉴욕 행 항공편의 경우 추가로 € 12가 부과 될 수 있습니다. 그러나 티켓 가격 인상은 최근 몇 년간 세계 유가 상승으로 항공사가 소비자에게 전달한 추가 비용보다 현저히 낮을 것으로 예상됩니다. 유럽 ​​연합에 항공 포함 ETS는 연료 세금이나 배출료와 같은 다른 조치를 통해 동일한 환경 개선을 달성하는 경우보다 가격에 미치는 영향이 적습니다.
EU 항공의 기후 변화 기여도는 어느 정도입니까?
항공기의 직접 배출은 EU의 총 온실 가스 (GHG) 배출량의 약 3 %를 차지합니다. 이러한 배출량의 대부분은 국제선, 즉 두 회원국 간 또는 회원국과 비 EU 국가 간의 비행에 기인합니다. 이 수치에는 NOx 배출, 구름 및 구름 구름 효과와 같은 간접 온난화 효과는 포함되어 있지 않습니다. 따라서 전반적인 영향은 더 높을 것으로 추정됩니다. 기후 변화에 관한 정부 간 패널 (IPCC)은 항공의 총 영향이 과거 CO2 배출량의 효과보다 약 2 ~ 4 배 더 높을 것으로 추정했습니다. 최근 EU 연구 결과에 따르면이 비율은 다소 작을 수 있습니다 (약 2 배). 이 추정치 중 권운 구름의 불확실하지만 잠재적으로 매우 중요한 영향을 고려하지 않았습니다.
국제 항공의 EU 배출량은 1990 년 이래로 두 배가 빠른 속도로 증가하고 있습니다. 환경 비용이 처리되지 않고 항공 여행이 더 저렴 해짐에 따라. 예를 들어, 런던에서 뉴욕까지 비행하는 사람은 유럽 연합의 평균적인 사람이 1 년 동안 집을 난방하면 배출량과 거의 같은 수준을 생성합니다. 가까운 미래에 배출량은 계속 증가 할 것으로 예측됩니다.
항공기로부터의 배출량은 예를 들어 정제소 및 철강 생산과 같은 EU ETS가 적용되는 특정 전체 부문보다 높습니다. 항공이 EU ETS에 가입하면 배출량 측면에서 전기 생산량에 이어 두 번째로 큰 부문으로 예측됩니다.
다음 단계는 무엇입니까?
항공사는 2010 년 동안 배출량을 모니터링했으며, 2011 년 3 월 31 일까지이 배출량을 관리 회원국에 확인하고보고해야합니다. 동일한 날짜에 항공사는 배출량 할당을 무료로 할당 할 수 있습니다. 유럽 ​​연합 집행위원회는 회원국이 제출 한 정보를 바탕으로 항공기 운영자에게 얼마나 많은 무료 수당을 수여 할 것인지를 결정하는 기준을 계산합니다. 이 벤치 마크 결정은 2011 년 9 월 30 일까지 게시됩니다.
위원회는 9 월말까지 배출권 한과 공제율을 발표 할 것이다 : 경매; 무료로 제공됩니다. 특별 준비금에 배정됩니다.
항공기 운영자.
항공기 운영자는 누구입니까?
EU ETS Directive의 제 3 조 (o)의 정의는 누가 EU ETS의 목적을위한 "항공기 운영자"인지 결정합니다. 이 정의는 EU ETS 지침의 부속서 1에 명시된 항공 활동을 수행 할 때 항공기를 운항하는 자연인 또는 법인입니다 (예 : EU 출발 지역 또는 비행장 도착). 운영자의 신원을 확인할 수없는 경우 소유자가 관련 운영자를 확인하지 않는 한 항공기 소유자는 운영자로 간주됩니다.
어느 순간부터 항공기 운영 업체는 EU ETS 요구 사항을 준수해야합니까?
EU ETS의 법적 요구 사항은 항공기 운영자가 EU ETS 지침의 부속서 I에서 항공 활동을 처음 수행 할 때 적용되며 해당 부속서의 면제 대상이되지 않습니다. 운영자가 이행해야하는 구체적인 의무는 아래의 FAQ 3.1 및 3.2에 설명되어 있습니다.
어느 순간부터 항공기 운전자는 EU ETS 요구 사항을 준수하지 않아도됩니까?
EU ETS Directive의 Annex I에서 비행 활동을 전혀하지 않는 항공기 운영자는 해당 연도에 EU ETS 요구 사항을 준수 할 필요가 없습니다. 그러나 X-1 연도에 수행 된 관련 비행 활동에 관해서는 X 년도에 검증 된 배출량 보고서와 수당의 반환이 요구 될 것입니다.
운영자와 그들의 비행 활동은 어떻게 식별 될 것인가?
모니터링 결정의 Annex XV는 Part 2에서 EU ETS Directive 제 3 조 (o)에 정의 된 항공기 운영자를 식별하기 위해 비행 계획서 상자 7의 ICAO 지정자가 사용되거나 또는 그러한 지정자가없는 경우, 항공기 등록 표시를 사용하여야한다. ICAO 지정 코드의 적용 및 발행을위한 통일 ​​된 시스템, 기준 또는 절차가 존재하지 않는 것으로 보인다. 모든 사업자가 지정자를 보유 할 것인지 또는 동일한 회사 그룹 내의 항공기 운영자가 동일한 지정자를 공유 할 것인지 또는 별개의 별개의 ICAO 지정자를 갖는지 여부는 불분명합니다. 항공기 임대의 다양한 유형, 관리 회사의 사용 또는 동일한 항공기 운영자에 의한 다중 ICAO 지정자의 사용으로 인해 항공기 운영자를 식별하는 데 더 복잡한 문제가 발생할 수 있습니다. 항공기 운영자를 식별 할 수없는 경우, 소유자는 해당 운영자를 식별 할 수 없다면 해당 소유자가 책임을 지도록 규정하고 있습니다. 당연히 각 운영자가 고유 한 ICAO 지정자를 소지하고 사용하는 경우에는 합병증이 발생하지 않습니다.
동일한 회사 그룹의 회사가 단일 운영자로 간주됩니까?
The relevant test in the EU ETS Directive for an aircraft operator is simply that there is a legal person responsible for flights arriving or departing from EU aerodromes which are not covered by the exemptions in Annex I of the EU ETS Directive. Individual companies that have been duly incorporated each possess their own distinct legal personality. It follows, therefore, that each company responsible for flights covered by Annex I is a different aircraft operator for the purposes of the EU ETS Directive even if they are in the same corporate group of companies.
In addition, Article 18(a) of the EU ETS Directive identifies an administering Member State, in relation to a particular commercial aircraft operator, by reference to the mandatory operating licence issued to that operator by the Member State concerned. There is a presumption, therefore, that each legal person issued with an operating licence by a Member State should be treated as a distinct and separate aircraft operator.
Can an operator have multiple ICAO designators?
There is no explicit requirement for an aircraft operator to have a unique identifier. Recital 15 of the Aviation Directive states that an aircraft operator may be identified by the use of an ICAO designator or any other recognised designator used in the identification of a flight and that if the identity of the operator is not known, then the owner of the aircraft should be deemed to be the operator unless proven otherwise. The crucial point for the operation of the EU emissions trading scheme is that the activities of a given aircraft operator can be attributed unequivocally to that operator. As such, and given the absence in Community law any requirement to be identified by a single and unique identifier, it follows that there is no legal obstacle for an aircraft operator to be identified by multiple ICAO designators so long as these are associated with a single aircraft operator. Obviously, it is administratively simpler if an operator uses only a single identifier when filing its flight plans.
Who is the operator under a "wet lease" arrangement?
Under a wet lease arrangement an aircraft is operated by the lessee for the benefit of the lessor who essentially remains responsible for the state and maintenance of the aircraft i. e. the lessor retains effective control of the flight. The presumption, therefore, is that the lessor is the aircraft operator and that the flight plan will contain the ICAO designator of the lessor/owner or the registration marking of the aircraft. However, the lessor and lessee may agree and indicate alternative responsibility for the flight activity by, for example, using the ICAO designator of the lessee in the flight plan.
Who is the operator under a "dry lease" arrangement?
Under a "dry lease agreement" an aircraft is operated by the lessee under the AOC of the lessees and control of the aircraft effectively passes to the lessee. The presumption, therefore, is that the lessee is the operator and the ICAO designator of the lessee should appear in the flight plan.
Can a management company be an aircraft operator?
Some aircraft operators employ the services of management companies to file flight plans and pay route charges on their behalf. Some management companies also provide services related to the ETS obligations of their clients. However, management companies are not aircraft operators for the purposes of the EU ETS Directive unless they also operate flights covered by Annex I of the EU ETS Directive.
Can a management company represent an aircraft operator regarding the EU ETS?
It is entirely possible for a service company to be empowered to represent an aircraft operator before the competent authorities of the administrating Member State in relation to EU ETS matters. The extent of the powers of the service company will depend upon what is agreed between the operator and the service company.
It is possible, therefore, for a management company to file monitoring reports, and applications for free allowances on behalf of a particular aircraft operator if the management company is duly empowered. The issue of allowances can only be made directly to a registry account held by the aircraft operator. However, the Registries Regulation permits an aircraft operator to nominate an "additional authorised representative" who has limited rights on the account (the exact scope of these limited rights can be set by the account holder). Naturally, administering Member States will wish to be certain about the identity of the aircraft operator represented by a management company.
The Commission also has a duty to ensure the efficient operation of the EU ETS and so it will continue to identify and to include in the list of aircraft operators it publishes those operators who may nonetheless be represented by service companies for the matters relating to the EU ETS.
Are any flights exempted from the EU ETS?
There are several categories of flight which are exempt from the EU ETS. These are contained in Annex I of the EU ETS Directive and include activities such as search & rescue, state flights transporting third countries' Heads of State, Head of Government and Government ministers, police flights amongst others. There are special codes to designate these types of flight which should be inserted into the flight plan which is filed by the operator in order that the flight can be correctly excluded. More information about the types of flight excluded and the associated codes to be inserted in the flight plan can be found in the Annex I Decision1.
Which flights of a commercial operator are considered for the de minimis exemption?
There is a de minimis exemption in subparagraph (j) of Annex I to the EU ETS Directive below which an entity ceases to be an aircraft operator covered by the provisions of the EU ETS. This exemption only applies to commercial air transport operators. Flights may also be provided by commercial operators without remuneration but this factor is not relevant when determining whether the de minimis threshold is exceeded.
In summary, all flights of a commercial operator which are not covered by any of the other exemptions in Annex I of the EU ETS Directive must be considered when assessing whether the de minimis threshold is exceeded.
The aircraft operators list.
What is the role of the list of aircraft operators published by the Commission?
The primary function of the list of aircraft operators published by the Commission is to facilitate the good administration of the EU ETS by providing information on which Member State will be regulating a particular operator. This prevents double regulation.
It must be emphasised that inclusion on the list of aircraft operators published by the Commission is not determinative as to whether a natural or legal person is an aircraft operator. This is clearly spelled out in Part 1 paragraph (3) of the Annex to the Annex I Decision. Moreover, a separate information note has been published on the Europa web site on the role of the list whose primary function is to facilitate the good administration of the EU ETS by informing regulators and aircraft operators about who is regulating whom. Conversely, aircraft operators that are on the list do not fall under the EU ETS if they only perform aviation activities that are exempt under Annex I to Directive 2003/87/EC.
It is possible that the list published by the Commission contains inaccuracies or does not reflect the most up to date information about aircraft operators' activities. The Commission will update the list from time to time and where appropriate bring inaccuracies to the attention of competent authorities. Member States are not bound only to regulate those entities contained in the list published by the Commission but have some flexibility to regulate "off-list", for example, where a Member State issues an operating licence to a new operator.
What changes will be made to the list when the Commission updates annually?
The Commission intends to publish an updated list each year around the beginning of February on the basis of the best available information. The aim of this update is to include new aircraft operators that have undertaken flight activities covered by Annex I of the EU ETS Directive in the previous calendar year. In addition, this represents an opportunity to correct manifest errors in the designation of operators or administering Member States.
It is not so important to remove operators that cease their activities given that obligations arise under the ETS from performing relevant flight activities in Annex I of the EU ETS Directive rather than from inclusion on the list. However, to keep the list manageable administratively, where operators have clearly ceased to be covered by the ETS and will not return to it because, for example, they are no longer in existence or because they have rescinded their operating licence, then the Commission will remove such operators from the list at the time of its update. It should be remembered that the activities of some operators may be such that in one year they are not covered by the ETS but activity levels may increase so that in subsequent years they are covered. It does not make sense to amend the list in such circumstances.
I use a service company to file flight plans and pay route charges and I am not on the list – how do I get assigned to a Member State?
Airspace users using services companies for flight planning and payment of route charges may not necessarily be included in the list.
Whilst an aircraft operator is defined by Article 3(o) of the EU ETS Directive, in practice the call sign used for Air Traffic Control (ATC) purposes has been used. The call sign appears in field 7 of the flight plan. The call sign either starts with the 3-letter ICAO designator of the operator or, if not available, represents the registration marking of the aircraft. In the latter case, the aircraft operator is identified by the operator indicated in field 18 of the flight plan or the operator identified by EUROCONTROL’s Central Route Charges Office (CRCO) with alternate sources of information (such as States’ registries or States’ administrations).
An airspace user may not appear as a distinct aircraft operator in the current list if all of its flights have been (a) operated under the ICAO designator of a service company; or (b) identified by the aircraft registration marking and the service company has indicated to the CRCO that it is responsible for the payment of route charges. In such cases, all the flights of the airspace user have been attributed to the service company.
I use service companies for air navigation services. How do I ensure that future flights are not attributed to a service company?
If an aircraft operator has a 3-letter ICAO designator, the aircraft operator should ensure that this code is used in its flight plans or that box 18 of the flight plan indicates its ICAO designator as the operator of that flight. Alternatively, the operator can place the registration marking of the aircraft in field 18 of the flight plan and submit to EUROCONTROL an annual declaration, including information on the composition of their fleet.
Subsidiaries of my company are not on the list, why is this?
The aircraft operator responsible for a flight has been identified on the basis of the information inserted in field 7 of the flight plan. Consequently, flights of subsidiaries operated under the ICAO 3-letter designator of the parent company will have been allocated to the parent company. Also, subsidiaries operating flights under their own ICAO 3-letter designator may also have been allocated to the parent company when the parent company took responsibility of the flights for air navigation charges purposes.
If the parent company has been identified as the aircraft operator for all the flights of a subsidiary, the latter will not appear as a distinct aircraft operator in the current list as there are no flights attributed to it. Aircraft operators which are subsidiary companies should ensure that they identify their flights using a separate ICAO designator and/or that they include all aircraft under their company in the fleet declaration submitted to EUROCONTROL’s Central Route Charges Office (CRCO).
I should not be on the list because I am a commercial operator and should be exempt under point (j) of the Annex 1 of the EU ETS Directive ("de minimis")
Two conditions need to be fulfilled in order for an aircraft operator to benefit from the de minimis exemption under subparagraph (j) of Annex I to the EU ETS Directive:
the operator is a commercial air transport operator; AND the aircraft operator operated less than 243 flights per consecutive period of four months (Jan-Apr, May-Aug, Sep-Dec) or emitted less than 10,000 tonnes of CO2 annually.
If these conditions are met, the most probable reason for inclusion in the list is that for its present functions EUROCONTROL does not retain comprehensive records about AOCs for all operators flying in the EU region. As a result, EUROCONTROL may not be aware of the commercial status of particular operators (as defined in Article 3 of the EU ETS Directive). When this AOC information is missing, the operator is deemed not to be a commercial air transport operator.
An operator may also be included in the list because the last condition above is not satisfied. This means that according to the air traffic information held by EUROCONTROL and the CO2 emissions estimations produced by EUROCONTROL, in any of the years since 2006 both of the following conditions were fulfilled:
in one of these years, the annual CO2 emissions were estimated to be above 10,000 tonnes and in at least one of the four month periods Jan-Apr, May-Aug, or Sep-Dec of the same year you operated at least 243 flights;
If your AOC contains information confirming that you are a commercial air transport operator, please provide a copy of it to EUROCONTROL. Please also keep your competent authority informed that you have sent your AOC to EUROCONTROL.
For non EU operators it may not be possible in all cases to determine your commercial status from your national certificate that is equivalent to the AOC (e. g. US Air Carrier Certificates). This is due to differences in the types of information that is contained in these certificates. However, you are still welcome to submit a copy of your certificate to EUROCONTROL, who may contact you for additional supporting documents.
Why am I on the list when I operate aircraft of less than 5.7 tonnes maximum take-off mass?
The maximum take-off mass that has been used to determine whether flights should be exempted under subparagraph (h) of Annex I to the EU ETS Directive was that held by EUROCONTROL for the calculation of route charges. If you consider that all the flights you have operated were flown only with aircraft of less than 5.7 tonnes, please discuss this issue with your competent authority. The Commission is not in a position to decide whether an operator is exempt from the EU ETS. You may also wish to contact EUROCONTROL for further information.
I am on the list but I only operate flights that are exempted under subparagraphs (a) to (i) of Annex I to Directive 2003/87/EC, e. g. training or circular flights.
If you are on the list it means that you have been identified as the aircraft operator of at least one flight since 2006 that was not considered exempted according to Annex I of the EU ETS Directive.
This situation could be the case for ferrying flights operated, for instance, during the delivery of the aircraft or for bringing it to or back from maintenance facilities. Such ferrying and positioning flights are not exempt from EU ETS. If you consider that all the flights you have operated are exempted under either of the subparagraphs of Annex I of the EU ETS Directive, please discuss this with your competent authority. The Commission is not in a position to decide whether an operator is exempt from the EU ETS. You may wish to contact EUROCONTROL for further information.
I am on the list but I have never flown to, from or within the EU.
If you are on the list it means that you have been identified as the aircraft operator of at least one flight since 2006 that was flown to, from, or within the EU and that was not considered exempted according to Annex I of the EU ETS Directive.
This can be the case for ferrying flights operated, for instance, during the delivery of the aircraft or when bringing it to or back from maintenance facilities. If you consider that you have never operated any flight to, from or within the EU, or you do not plan to have any flights in the future, please discuss this with your competent authority. You may also wish to contact EUROCONTROL for further information.
The name of the operator is not correct.
The name of the operator is the name used by EUROCONTROL’s Central Route Charges Office (CRCO) when establishing the invoices for route charges. If you wish to correct the name of the operator on the list, please notify EUROCONTROL about the name change, providing sufficient evidence as to the correct name of the aircraft operator.
The operator is no longer in operation.
The list has been defined on the air traffic information since 2006. An operator has been included in the list as long as it had operated at least one eligible flight in those years.
EUROCONTROL can determine when the most recent flight was flown by a given operator but does not hold comprehensive information on whether such operator is still in operation. If you consider that an operator should NOT be on the list because it does not exist any longer or because it has ceased or suspended its aviation actives in the EU, please inform the competent authority about this. Please also notify the European Commission by sending a message to:
You may wish to contact EUROCONTROL for further information (e. g. the date of the most recent flight in the EU).
The administering Member State is incorrect according to the EU operating licence.
The EU ETS Directive stipulates the administering Member State for any given operator in receipt of an operating licence in the EU is the Member State that issued the operating licence. Unfortunately, a complete and comprehensive database of all the operating licences granted by Member States in accordance with the provisions of Council Regulation (EC) No. 1008/2008 is not available, nor does EUROCONTROL hold this information. There is no definitive way, therefore, for the Commission or EUROCONTROL to check which Member State has issued AOCs and operating licences to particular operators and so there may be discrepancies in the list.
If you possess an operating licence from an EU Member State, but in the list you are allocated to a different Member State, please provide a copy of your operating licence to EUROCONTROL.
The administering Member State is incorrect as the operator does not fly (any more) from (or to) such State.
The administering Member State has been determined on the basis of the information available for the operator’s base year as defined by Article 18a(5) of the EU ETS Directive. The fact that an operator no longer operates or does not fly mainly from (or to) aerodromes located in such a State does not change the designation of the administering Member State.
Subsidiaries companies are allocated to different EU Member States, how can I avoid this?
Different companies operating flights covered by Annex I of the EU ETS Directive are considered as separate aircraft operators (see question 1.5). Administering Member States are attributed either on the basis of which Member State issued the operating licence or the State with the greatest attributed emissions for that operator. It is for the parent company to decide how to organise its corporate structure and flight activities in relation to the administration of the EU ETS and the allocation of administering Member States.
Can an operator on the list be reattributed to a different administering Member State within the same trading period?
Article 18a(1) of the EU ETS Directive sets the rules on the initial attribution of an aircraft operator to an administering Member State. Attribution is done on the basis of which Member State has issued the operating licence or which is the Member State with the greatest attributed emissions from flights performed by that operator in the base year (2006).
However reattribution of an operator to a new Member State may be necessary if it turns out that the initial attribution does not meet the conditions set under Art 18a(1) of the EU ETS Directive.
Reattribution may be necessary where:
the Commission together with EUROCONTROL changes the methodology used for the generation of the list of aircraft operators in order to improve the list's accuracy and better reflect the requirements of the Directive (such reattribution will not occur frequently after the initial set up of the scheme); there is an error in the list as a result of incomplete or inaccurate information held by the Commission or EUROCONTROL; the scope of the EU ETS is expanded to other countries, for instance the full integration of the EEA-EFTA countries (Iceland, Liechtenstein and Norway) into the EU ETS.
Reattribution is different from the transfer of aircraft operators based on Article 18a(2) of the EU ETS Directive. Such transfer occurs where in the first two years of any trading period, none of the attributed aviation emissions from flights performed by an aircraft operator without an operating licence granted by a Member State are attributed to its administering Member State. That aircraft operator must be transferred to another administering Member State in respect of the next period. The new administering Member State will be the Member State with the greatest estimated attributed aviation emissions from flights performed by that aircraft operator during the first two years of the previous period.
When an aircraft operator's administering Member State changes, can monitoring plans of an aircraft operator be transferred to a new administering Member State?
After an aircraft operator is reattributed on the basis of Article 18a(1) or transferred on the basis of Article 18a(2) of the EU ETS Directive to a new administering Member State, the monitoring plan will have to be transferred from one administering Member State to another, or resubmitted by an operator to the new administering MS. This process has to be agreed between the Member States on a case by case basis, taking account of the views of the aircraft operator affected and seeking to minimize the financial costs and administrative burden to aircraft operator.
The timing of the transfer or resubmission of the monitoring plan should also be agreed between the Member States and the operator.
What does the aircraft operator identification number signify?
The list now contains a unique identification number (code) for each aircraft operator. This code will be used for compliance purposes. The code coincides with the number used by EUROCONTROL’s Central Route Charges Office (CRCO) for identifying airspace users in the route charges system. This identification number is shown in the reference of air navigation charges bills.
Why am I identified only by my ICAO designator or aircraft tail number?
In the list, a number of aircraft operators may be indentified only by their ICAO designator or the registration mark of the plane. The majority of such aircraft operators are associated with flights operated entirely outside of the region for which EUROCONTROL provides the Central Route Charges Office function, such as flights from the French overseas territories to the Americas. In these cases EUROCONTROL does not have full information about the identity of the operator at this stage. In future versions of the list, the intention is to replace these notations with a complete company name.
Obligations and procedures for new entrants.
What does a new operator with an EU operator's licence have to do under the EU ETS?
For new entrants the EU ETS requirements will start from the moment an operator performs an aviation activity laid down in Annex I of the EU ETS Directive i. e. it departs or arrives at an aerodrome in the EU. The Administering Member State responsible for all aspects of administering the ETS in respect of the operator is the Member State that issued the operating licence. The following steps will need to be followed by the new aircraft operator and administering Member State for an activity which commences in Year X:
Operators will have to submit a monitoring plan to the administering Member State as soon as possible. The administering Member State should approve the monitoring plan and the operator should monitor its emissions according the methods in the monitoring plan, the Monitoring Decision and relevant aspects of the Member States national rules and procedures. The operator should draft an emissions report for the calendar year X and have it verified by a verifier at the beginning of year X+1. The operator submits the verified emissions report to the administering Member State by 31 March of year X+1.
The operator must surrender sufficient emissions allowances to cover its emissions in calendar year X.
What does a new operator without an EU operator's licence have to do under the EU ETS?
The same basic procedure in 3.1 above should be followed. However, the administering Member State is determined according to the greatest attributed emissions in the first year of operation which may not be immediately clear and may not be established definitively until the operator is included in a revised list published by the Commission. As such, the operator cannot submit a monitoring plan for approval to its administering Member State.
In such circumstances, the operator is required to determine its emissions with retrospective effect for the time it falls under the scope of EU ETS. For the period when it has not been attributed to an administering Member State, the operator can determine its emissions according to the approach in section 5 of Annex XIV of the Monitoring Decision to fill "data gaps". This allows an operator to determine its emissions which are missing for reasons beyond its control by a simplified method.
Where the administering Member State is clear from the nature of the operator's flight activity, operators can submit monitoring plans on an informal basis to the administering Member State before formal inclusion on a revised list of operators published the Commission.
Allocation of emissions allowances.
Do competent authorities need to assess the applications made by aircraft operators for free allowances?
An operator could apply to its administering Member State by 31 March 2011 for free allowances and provide verified tonne-kilometre activity reports to support the application. Before forwarding the applications to the Commission by 30 June 2011, the Member State should assess the admissibility of the reports and check for potential irregularities. This could be complemented by inspections of the monitoring activities of the operator during the monitoring year as well as supervision of verifiers. Nonetheless, the Member States should also be able to rely upon the verification process to establish the reliability and correctness of the activity data submitted by the operator.
Special reserve.
Should the administering Member State check the eligibility of any application for the allocation of allowances from the special reserve?
Article 3f of the EU ETS Directive permits new operators who commence flight activity after 2010 or operators who experience a growth in tonne-kilometre activity in excess of 18% on average annually between 2010 and 2014 to apply for free allowances from the "special reserve". Any application must be made by 30 June 2015 and be supported by verified tonne-kilometre activity data and documentary proof that the operator meets the either of the two eligibility criteria. Before forwarding the application to the Commission (within 6 months) the administering Member State should assess compliance with the eligibility criteria using the material provided by the operator in support of the application as required by Article 3f(3) of the EU ETS Directive. The Commission may provide further guidance on how to perform this assessment at a later date.
Allowances from the special reserve will not allocated for the continuation of activities carried out in whole or in part by another aircraft operator. 이것은 무엇을 의미 하는가?
Article 3f(1) states that allowances in the special reserve will not be allocated in respect of the flight activities of a new operator or the sharply increased growth of an existing operator if this new activity or increase in activity is a continuation of the activity (either in part or in whole) of another aircraft operator.
The above provision is designed to prevent the free allocation of allowances for flight activities that have already been the subject of a free allowance allocation albeit to a different operator. As such the competent authorities in the administering Member States will need information to establish that:
There has been no acquisition by share sale of another aircraft operator or acquisition of business assets from another operator; There has been no internal corporate reorganisation or creation of a subsidiary company that involves the transfer of flight activity within the corporate group; There has been no restructuring as a consequence of an insolvency, scheme of arrangement or bankruptcy resulting in the creation of a new operator performing flight activity previously undertaken by another operator or the transfer of significant flight activity to an existing operator; There has been no outsourcing or leasing arrangements whereby existing flight activity of an operator in receipt of free allowances is transferred to a third party who becomes the effective operator of the flights.
Small emitters.
What is a small emitter and why is there a distinction?
A small emitter is a non-commercial air transport operator (i) whose flights in aggregate emit less than 25 000 tonnes of CO2 per annum; or (ii) which operates fewer than 243 flights per period for 3 consecutive 4-month periods. A small emitter can take advantage of a simplified procedure to monitor its emissions of CO2 from its flight activity. This procedure is described in Section 4 of Annex XIV of the Monitoring Decision and involves the use of a calculation tool developed by EUROCONTROL or similar tool developed by other organisations.
Aircraft operators emitting less than 25 000 tonnes of CO2 per year, both commercial and non-commercial, can choose an alternative to verification by an independent verifier. The alternative involves determining their emissions by using the small emitters tool approved under Commission Regulation No 606/2010. In such cases, data used for determining emissions must originate from Eurocontrol. As a result, aircraft operators taking advantage of this simpler method need to use data from the ETS Support Facility, without any modification, Of the two types of small emitters defined by Article 54 of Regulation No 601/2012, this simplification only applies to aircraft operators operating flights with total annual emissions lower than 25 000 tonnes CO2 per year. It should be noted that the exemption threshold of 25 000 tonnes CO2 per year is based on the full scope of the EU ETS as defined in Annex I to the EU ETS Directive.
Penalties & enforcement of the EU ETS - Aviation legislation.
Why are penalties applied in the Member States not harmonised?
Article 16 of the EU ETS Directive establishes a limited harmonisation of the financial penalties that will be paid by operators that fail to surrender the necessary number of emissions allowances (i. e. €100 per tonne of CO2). More generally, the co-legislators decided that the Member States should adopt rules on penalties for breaches of national legislation which transpose the Directive's requirements and that these penalties should be " effective, proportionate and dissuasive ". This formulation allows the Member States to choose between criminal or administrative penalties and provides flexibility to implement a system of penalties that best fits with their national legal systems whilst respecting the obligation to treat breaches of Community law in a manner that is similar to a breach of a wholly national rule or law. The degree of harmonization decided by the co-legislators is arguably sufficient whilst at the same time respecting the principles of subsidiarity and proportionality by which action is to be taken only in so far as it cannot be sufficiently taken by the Member States alone and does not exceed what is absolutely necessary to achieve the desired objective.
Further harmonisation of administrative penalties could be envisaged under the EU ETS Directive but that would have to be decided by the co-legislators following a proposal from the Commission. There is also scope for establishing certain common criminal offences and penalties under the new Treaty on the Functioning of the European Union but again this will require a proposal from the Commission or a quarter of the Member States.
Is there mutual recognition of financial penalties in the Member States?
The Council has put into a place a framework for the mutual recognition of financial penalties in the form of Framework Decision 2005/214/JHA. This means that financial penalties due to offences arising from breaches of instruments adopted to comply with Community law that are committed in one Member State (the issuing State) can be recognised and enforced in another Member State (the executing State). A central authority is responsible in each Member State for the administration of the scheme. Monies obtained from the enforcement go the executing Member State unless there is a contrary agreement between the two Member States concerned.
Extension of the EU ETS to the EEA EFTA states (Iceland, Liechtenstein and Norway)
Why was the scope of the EU ETS extended to the EEA-EFTA countries (Iceland, Liechtenstein and Norway)?
The Agreement on the European Economic Area (EEA), which entered into force in 1994, is an agreement between the 27 EU Member States and three of the Member States of the European Free Trade Association (EFTA). The latter states, which are Iceland, Liechtenstein and Norway, are collectively called the 'EEA-EFTA countries'. The EEA Agreement provides for the extension of selected EU legislation to the EEA-EFTA countries.
The EEA-EFTA countries have been part of the EU ETS since October 2007, when the EU ETS Directive was incorporated into the EEA Agreement. The aviation part of the EU ETS was incorporated into the EEA Agreement by EEA Joint Committee Decision 6/2011.
What additional flights are covered by the EU ETS following the extension?
The extension of the scheme entails that in addition to the 27 EU Member States the EU ETS covers also the 3 EEA-EFTA countries (Iceland, Liechtenstein and Norway). As a result, flights which depart from or arrive in an aerodrome situated in the territory of an EEA-EFTA country, collectively called 'EEA additional flights', are subject to EU ETS rules. More precisely, EEA additional flights are:
Domestic flights within the EEA-EFTA countries; Flights between the EEA-EFTA countries; Flights between the EEA-EFTA countries and third countries outside the EEA.
The list of exemptions from the scope of the EU ETS in Annex I of the EU ETS Directive also applies for the EEA additional flights.
Will same rules be applied for the EEA additional flights as for other flights covered by the EU ETS?
Equal treatment of aircraft operators is a fundamental element of the EU ETS for aviation. The EU and the EEA-EFTA countries therefore have ensured that the design of the scheme is not altered by the extension to the EEA-EFTA countries. In particular, the same benchmark and harmonized allocation rules are applied for the EEA additional flights as for other flights covered by the scheme.
How does the extension impact aircraft operators which are already covered by the scope of the EU ETS?
Aircraft operators which are already covered by the EU ETS are only be affected by the extension of the system if they perform EEA additional flights (see answer to question 8.2). These operators have to include their EEA additional flights into their monitoring and reporting activities.
These operators should have already updated their monitoring plans to cover their EEA additional flights.
Operators who update their monitoring plans should notify their competent authority without delay of any changes made. In case of substantial changes to the monitoring methodology, the operators need to submit their updated plans for re-approval. Substantial changes are described in the EU ETS monitoring and reporting guidelines and include:
Change of the average reported annual emissions which causes the operator to exceed the threshold for applying tier 1 uncertainty for the determination of fuel consumption; Change in the number of flights or in the total annual emissions which cause the aircraft operator to exceed the threshold for small emitters, so that the operator is no longer eligible to benefit from the simplified monitoring procedures; Substantial changes to the type of fuels used.
How does the extension affect aircraft operators that are exempt from the EU ETS Directive under point (j) of Annex I (de minimis) so far?
If a commercial aircraft operator is exempted from the scope on grounds of point (j) of Annex I of the EU ETS Directive, ( i. e. because it operates 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 ( de minimis rule)), the exemption could cease to apply if EEA additional flights cause the aircraft operator to exceed the aforementioned limits. Those aircraft operator should submit monitoring plans as soon as possible to the competent authority in its administering state.
Has the Commission's list of aircraft operators been updated in light of the extension of the EU ETS to the EEA-EFTA countries?
An EEA-wide list of aircraft operators was adopted by the Commission on 20 April 2011. This list:
includes a number of new aircraft operators, which performed EEA-EFTA related flights (see point 8.2) and reattributes certain aircraft operators, previously allocated to one of the 27 EU Member States to an EEA-EFTA country for administration.
How should the change of administrative responsibility between the former administering Member State and an EEA-EFTA country take place?
The criteria set under Article 18a (1) of Directive 2003/87/EC to determine aircraft operator's administering Member State must take into account the extension of the aviation part of the EU emission trading scheme to EEA-EFTA countries (Iceland, Liechtenstein and Norway). Thus, certain aircraft operators, previously allocated to one of EU 27 Member States, are allocated to the EEA-EFTA countries for administration. Regulation (EC) No 748/2009 has therefore been amended.
To facilitate a smooth changeover of the affected aircraft operators, the former administering Member State should complete all its obligations related to the aviation activities carried out during the calendar year before the reattribution of an aircraft operator to an EEA-EFTA country took place. The new administering State (Norway or Iceland) will take over the obligations related to the calendar year in which the reattribution took place and for the following calendar years.
The aircraft operator will need to deal with two authorities for the changeover period, as it completes it obligations in relation to aviation activities carried out in the previous year to the former administering Member State and progressively develops its relations with the newly attributed authority.
The key steps are as follows:
The EEA-wide list of aircraft operators reallocates some aircraft operators to Norway and Iceland. Each affected aircraft operator should submit without delay to the new administering State the monitoring plan for annual emissions, the approval of the monitoring plan by the previous administering Member State and the verified emissions report for the year 2010. This should enable the new administering State to administer the aircraft operator relating to its aviation activities performed during the year 2011. Calculating the benchmarks and the auctioning share:
The former administering Member State should submit to the Commission by 30th June 2011 the data from the emissions report for the year 2010 and the verified 2010 report for tonne-kilometre data (the applications for free allowances for the periods 2012 and 2013-2020). Allocation of allowances:
If applicable, each concerned aircraft operator should submit to the new administering State the approved monitoring plan for tonne-kilometre data and the verified report for tonne-kilometre data, accepted by the former administering Member State.
If the former administering Member State has modified the data before submitting to the Commission, it should inform the new administering State about the modifications made.
The new administering State should:
calculate and publish the allocation of allowances for each aircraft operator whose application was submitted to the Commission; and issue by 28 February 2012 and by 28 February of each subsequent year the number of allowances allocated to the respective aircraft operator for that year.
Who can request a postponed timeline for a change of administrative responsibility?
The change of administrative responsibility, from a EU 27 Member State to Iceland or Norway, of those aircraft operators which are marked with an asterisk in the EEA list of operators may be subject to a specific timeline. This is to be agreed in conformity with Decision of the EEA Joint Committee n° 6/2011 of 1 st April 2011 amending Annex XX (Environment) to the EEA Agreement, (published at the OJ L 93 7.04.2011 page 35).
Those aircraft operators, attributed to Iceland and Norway under the EEA list, which are marked with an asterisk, can request to remain under the administration of its former administering Member State until 2020 the latest, as provided in the Decision of the EEA Joint Committee No 6/2011 of 1 st April 2011 amending Annex XX (Environment) to the EEA Agreement.
Such a request can be made by an affected aircraft operator to its former administering Member State within six months from the adoption by the Commission of the EEA-wide list of aircraft operators. The Member State concerned may agree to administer that operator for another year or longer, but only until the end of the trading period in 2020. The EEA-wide list was adopted on 20 th April 2011, thus the requests can be made until 20 th October 2011.
If the former administering Member State agrees to continue administering the aircraft operator concerned, it should inform the Commission about this agreement and indicate the date from which the aircraft operator will be administered by the new administering State.
How will the extension of the EU ETS to the EEA-EFTA countries affect the calculation of historical aviation emissions and total quantity of allowances?
Data from the EEA-EFTA countries will be taken into account when calculating the EEA historical aviation emissions The EU 27 historical aviation emissions will thus increase to reflect the extended scope of the EU ETS. Likewise, the total amount of allowances to be allocated free of charge, the total amount of allowances to be auctioned and the size of the special reserve will increase proportionally.
How are EEA-EFTA countries included in the existing templates?
The following note was added on the Commission's website on aviation:
'Please note that all references to Member States on the templates should be interpreted as including all 30 EEA States. The EEA comprises the 27 EU Member States, Iceland, Liechtenstein and Norway.'
In addition to this, references to the EEA-EFTA countries have been added to the list of Member States in several places in the templates:
Where the aircraft operator indicates administering Member States; Where the aircraft operator indicates the state that has accredited the verifier; In the domestic flights emissions table under 9 (c) in the annual emissions report; As state of departure and state of arrival in tables 9 (d) and 9 (e) in the annual emissions report.
Have relevant operators been informed about the extension of the EU ETS to the EEA - EFTA countries?
All commercial aircraft operators registered in Iceland and Norway have been informed about the extension. Information has been sent to the EU Member States administering other operators who are known to be affected by the extension, including a standard letter that can be used to inform these operators. In addition the EEA-EFTA countries, the EFTA Secretariat and the European Commission hosted an information meeting with European and international aviation associations on 11 December 2009 to inform them of the changes.
For further information about the extension, inquiries can be sent to the Environment Agency of Iceland (flugust. is) or the Norwegian Pollution Control Authority (ETSaviationsft. no).
Monitoring and reporting.
How can the biomass fraction of a blended aviation fuel be determined?
In advance of biofuels becoming more commonly used in aviation, the following approach proposes a solution to monitoring and reporting biofuel used in relation to an EU ETS aviation activity. This approach is based on the understanding that it is currently technically not feasible or within reasonable costs to determine biofuel content at the point of uptake to an aircraft.
The monitoring and reporting guidelines (Commission Decision 2007/589/EC as amended) provide possibility in Annex I Section 13.4 for the aircraft operator to propose an estimation method for approval by the competent authority, where it is technically not feasible or disproportionately expensive to determine the biomass fraction of certain aviation biomass fuels.
In addition, Section 2.3 of the Annex XIV of the monitoring and reporting guidelines provides for the possibility to use fuel purchasing records for the purpose of determination of the biomass content in the fuel.
Therefore, the following type of methodology could be proposed to the competent authority:
The biomass fraction of all biomass based fuel used in an Annex I EU ETS aviation activity will be calculated from the fuel purchase records, which indicate the biomass fraction and net calorific value of the fuel.
It will be important to demonstrate two important criteria in the proposed methodology:
Firstly, the total amount of biomass based fuel claimed for cannot exceed total fuel usage for that operator for Annex I EU ETS aviation activities originating from the airports at which the biofuel is supplied. Secondly, the fraction of biomass in the fuel can not be higher than the maximum allowable (certified) percentage of biomass in the fuel.
The calculation of biofuel use shall be independently verified. In particular the verifier must be satisfied that the percentage of fuel purchased by the aircraft operator which was used in EU ETS Annex I aviation activities has been correctly calculated.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017.
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2017 No. 1207 Table of Contents.
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The EU Emissions Trading System (EU ETS)
The EU Emissions Trading System explained.
The EU emissions trading system (EU ETS) is a cornerstone of the EU's policy to combat climate change and its key tool for reducing greenhouse gas emissions cost-effectively. It is the world's first major carbon market and remains the biggest one.
operates in 31 countries (all 28 EU countries plus Iceland, Liechtenstein and Norway) limits emissions from more than 11,000 heavy energy-using installations (power stations & industrial plants) and airlines operating between these countries covers around 45% of the EU's greenhouse gas emissions.
For a detailed overview, see:
A 'cap and trade' system.
The EU ETS works on the 'cap and trade' principle.
A cap is set on the total amount of certain greenhouse gases that can be emitted by installations covered by the system. The cap is reduced over time so that total emissions fall .
Within the cap, companies receive or buy emission allowances which they can trade with one another as needed. They can also buy limited amounts of international credits from emission-saving projects around the world. The limit on the total number of allowances available ensures that they have a value.
After each year a company must surrender enough allowances to cover all its emissions, otherwise heavy fines are imposed. If a company reduces its emissions, it can keep the spare allowances to cover its future needs or else sell them to another company that is short of allowances.
Trading brings flexibility that ensures emissions are cut where it costs least to do so . A robust carbon price also promotes investment in clean, low-carbon technologies .
Key features of phase 3 (2013-2020)
The EU ETS is now in its third phase – significantly different from phases 1 and 2.
The main changes are:
A single, EU-wide cap on emissions applies in place of the previous system of national caps Auctioning is the default method for allocating allowances (instead of free allocation), and harmonised allocation rules apply to the allowances still given away for free More sectors and gases included 300 million allowances set aside in the New Entrants Reserve to fund the deployment of innovative renewable energy technologies and carbon capture and storage through the NER 300 programme.
Sectors and gases covered.
The system covers the following sectors and gases with the focus on emissions that can be measured, reported and verified with a high level of accuracy:
carbon dioxide (CO 2 ) from power and heat generation energy-intensive industry sectors including oil refineries, steel works and production of iron, aluminium, metals, cement, lime, glass, ceramics, pulp, paper, cardboard, acids and bulk organic chemicals commercial aviation nitrous oxide (N 2 O) from production of nitric, adipic and glyoxylic acids and glyoxal perfluorocarbons (PFCs) from aluminium production.
Participation in the EU ETS is mandatory for companies in these sectors , but.
in some sectors only plants above a certain size are included certain small installations can be excluded if governments put in place fiscal or other measures that will cut their emissions by an equivalent amount in the aviation sector, until 2016 the EU ETS applies only to flights between airports located in the European Economic Area (EEA).
Delivering emissions reductions.
The EU ETS has proved that putting a price on carbon and trading in it can work. Emissions from installations in the scheme are falling as intended – by around 5% compared to the beginning of phase 3 (2013) (see 2015 figures).
In 2020 , emissions from sectors covered by the system will be 21% lower than in 2005 .
Developing the carbon market.
Set up in 2005, the EU ETS is the world's first and biggest international emissions trading system, accounting for over three-quarters of international carbon trading.
The EU ETS is also inspiring the development of emissions trading in other countries and regions. The EU aims to link the EU ETS with other compatible systems.
Main EU ETS legislation.
30/04/2014 - Consolidated version of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC 23/04/2009 - Directive 2009/29/EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community 19/11/2008 - Directive 2008/101/EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community 27/10/2004 - Directive 2004/101/EC of the European Parliament and of the Council 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 13/10/2003 - Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.
Carbon market reports.
23/11/2017 – COM(2017) 693 – Report on the functioning of the European carbon market 01/02/2017 - COM(2017) 48 - Report on the functioning of the European carbon market 18/11/2015 - COM(2015) 576 - Report on the functioning of the European carbon market 14/11/2012 - COM(2012) 652 - The state of the European carbon market in 2012.
Revision of the EU ETS for phase 3.
04/02/2011 - European Council conclusions of 4 February 2011 (see conclusions 23 and 24) 18/03/2010 - Guidance on interpretation of Annex I of the EU ETS Directive (excl. aviation activities) 18/03/2010 - Guidance paper to identify electricity generators 06/04/2009 - Council press release on the adoption of the climate and energy package 12/12/2008 - Presidency conclusions of the European Council (11 and 12 December 2008) 12/12/2008 - European Council Statement on the use of auction revenues 23/01/2008 - Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the Community 23/01/2008 - Commission staff working document - Accompanying document to the Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the EU greenhouse gas emission allowance trading system - Impact assessment.
이행.
04/07/2013 - Amended Draft Regulation on determining international credit entitlements 05/06/2013 - Draft regulation on determining international credit entitlements 05/05/2013 Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 Text with EEA relevance 18/11/2011 - Commission Regulation establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision 280/2004/EC of the European Parliament and of the Council and amending Regulations (EC) No 2216/2004 and (EU) No 920/2010 - not yet published in the Official Journal 07/10/2010 - Commission Regulation (EU) No 920/2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council - version not including changes brought by Regulation of 18 November 2011 08/10/2008 - Commission Regulation (EC) No 994/2008 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council - version applicable until 31 December 2011 26/10/2007 - EEA Joint Committee Decision No 146/2007 linking the EU ETS with Norway, Iceland and Liechtenstein 13/11/2006 - Commission Decision 2006/780/EC on avoiding DOUBLE COUNTING of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council (notified under document number C(2006) 5362) 21/12/2004 - Consolidated version of Commission Regulation (EC) No 2216/2004 for a standardised and secured system of registries amended by Commission Regulation (EC) No 916/2007 of 31 July 2007, Commission Regulation (EC) No 994/2008 of 8 October 2008 and Commission Regulation (EU) No 920/2010 of 7 October 2010 - version not including changes brought by Regulation of 18 November 2011.
Application of VAT.
Legislative History of Directive 2003/87/EC.
Work prior to the Commission proposal.
08/02/2000 - COM(2000) 87 - Green Paper on greenhouse gas emissions trading within the European Union Mandate and results of ECCP Working Group 1 : Flexible mechanisms 04/09/2001 - Chairman's Summary Record of Stakeholder consultation meeting (with Industry and Environmental NGOs) 19/05/1999 - COM(1999) 230 - Preparing for Implementation of the Kyoto Protocol 03/06/1998 - COM(1998) 353 - Climate Change - Towards an EU Post-Kyoto Strategy Scope of the EU ETS: 07/2007 - Small Installations within the EU Emissions Trading System 10/2006 - Inclusion of additional activities and gases into the EU Emissions Trading System Further harmonisation and increased predictability: 12/2006 - The approach to new entrants and closures 10/2006 - Auctioning of CO2 emission allowances in the EU ETS 10/2006 - Harmonisation of allocation methodologies 12/2006 - Report on international competitiveness ECCP working group on emissions trading on the review of the EU ETS 15/06/2007 - Final report of the 4th meeting on Linking with Emission Trading Systems in Third Countries 22/05/2007 - Final report of the 3rd meeting on Further Harmonisation and Increased Predictability 26/04/2007 - Final Report of the 2nd meeting on Robust Compliance and Enforcement 09/03/2007 - Final Report of the 1st meeting on The Scope of the Directive.
Commission proposal of October 2001.
22/01/2002 - Non-paper on synergies between the EC emissions trading proposal (COM(2001)581) and the IPPC Directive 23/10/2001 - COM(2001) 581 - Proposal for a framework Directive for greenhouse gas emissions trading within the European Community.
Commission's reaction to reading of the proposal in Council and Parliament (including Council's common position)
18/07/2003 - COM(2003) 463 - Opinion of the Commission on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council 20/06/2003 - COM(2003) 364 - Commission Communication to the European Parliament concerning the Council's Common Position on the adoption of a Directive establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC 18/03/2003 - Common Position (EC) No 28/2003 - Council's Common Position on the adoption of a Directive establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC 27/11/2002 - COM(2002) 680 - Amended proposal for a directive of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC Faq.
Open all questions.
Questions and Answers on the revised EU Emissions Trading System (December 2008)
What is the aim of emissions trading?
The aim of the EU Emissions Trading System (EU ETS) is to help EU Member States achieve their commitments to limit or reduce greenhouse gas emissions in a cost-effective way. Allowing participating companies to buy or sell emission allowances means that emission cuts can be achieved at least cost.
The EU ETS is the cornerstone of the EU's strategy for fighting climate change. It is the first international trading system for CO 2 emissions in the world and has been in operation since 2005. As of I January 2008 it applies not only to the 27 EU Member States, but also to the other three members of the European Economic Area – Norway, Iceland and Liechtenstein. It currently covers over 10,000 installations in the energy and industrial sectors which are collectively responsible for close to half of the EU's emissions of CO 2 and 40% of its total greenhouse gas emissions. An amendment to the EU ETS Directive agreed in July 2008 will bring the aviation sector into the system from 2012.
How does emissions trading work?
The EU ETS is a 'cap and trade' system, that is to say it caps the overall level of emissions allowed but, within that limit, allows participants in the system to buy and sell allowances as they require. These allowances are the common trading 'currency' at the heart of the system. One allowance gives the holder the right to emit one tonne of CO 2 or the equivalent amount of another greenhouse gas. The cap on the total number of allowances creates scarcity in the market.
In the first and second trading period under the scheme, Member States had to draw up national allocation plans (NAPs) which determine their total level of ETS emissions and how many emission allowances each installation in their country receives. At the end of each year installations must surrender allowances equivalent to their emissions. Companies that keep their emissions below the level of their allowances can sell their excess allowances. Those facing difficulty in keeping their emissions in line with their allowances have a choice between taking measures to reduce their own emissions – such as investing in more efficient technology or using less carbon-intensive energy sources – or buying the extra allowances they need on the market, or a combination of the two. Such choices are likely to be determined by relative costs. In this way, emissions are reduced wherever it is most cost-effective to do so.
How long has the EU ETS been operating?
The EU ETS was launched on 1 January 2005. The first trading period ran for three years to the end of 2007 and was a 'learning by doing' phase to prepare for the crucial second trading period. The second trading period began on 1 January 2008 and runs for five years until the end of 2012. The importance of the second trading period stems from the fact that it coincides with the first commitment period of the Kyoto Protocol, during which the EU and other industrialised countries must meet their targets to limit or reduce greenhouse gas emissions. For the second trading period EU ETS emissions have been capped at around 6.5% below 2005 levels to help ensure that the EU as a whole, and Member States individually, deliver on their Kyoto commitments.
What are the main lessons learned from experience so far?
The EU ETS has put a price on carbon and proved that trading in greenhouse gas emissions works. The first trading period successfully established the free trading of emission allowances across the EU, put in place the necessary infrastructure and developed a dynamic carbon market. The environmental benefit of the first phase may be limited due to excessive allocation of allowances in some Member States and some sectors, due mainly to a reliance on emission projections before verified emissions data became available under the EU ETS. When the publication of verified emissions data for 2005 highlighted this “over-allocation”, the market reacted as would be expected by lowering the market price of allowances. The availability of verified emissions data has allowed the Commission to ensure that the cap on national allocations under the second phase is set at a level that results in real emission reductions.
Besides underlining the need for verified data, experience so far has shown that greater harmonisation within the EU ETS is imperative to ensure that the EU achieves its emissions reductions objectives at least cost and with minimal competitive distortions. The need for more harmonisation is clearest with respect to how the cap on overall emission allowances is set.
The first two trading periods also show that widely differing national methods for allocating allowances to installations threaten fair competition in the internal market. Furthermore, greater harmonisation, clarification and refinement are needed with respect to the scope of the system, the access to credits from emission-reduction projects outside the EU, the conditions for linking the EU ETS to emissions trading systems elsewhere and the monitoring, verification and reporting requirements.
What are the main changes to the EU ETS and as of when will they apply?
The agreed design changes will apply as of the third trading period, i. e. January 2013. While preparatory work will be initiated immediately, the applicable rules will not change until January 2013 to ensure that regulatory stability is maintained.
The EU ETS in the third period will be a more efficient, more harmonised and fairer system.
Increased efficiency is achieved by means of a longer trading period (8 years instead of 5 years), a robust and annually declining emissions cap (21% reduction in 2020 compared to 2005) and a substantial increase in the amount of auctioning (from less than 4% in phase 2 to more than half in phase 3).
More harmonisation has been agreed in many areas, including with respect to the cap-setting (an EU-wide cap instead of the national caps in phases 1 and 2) and the rules for transitional free allocation.
The fairness of the system has been substantially increased by the move towards EU-wide free allocation rules for industrial installations and by the introduction of a redistribution mechanism that entitles new Member States to auction more allowances.
How does the final text compare to the initial Commission proposal?
The climate and energy targets agreed by the 2007 Spring European Council have been maintained and the overall architecture of the Commission's proposal on the EU ETS remains intact. That is to say that there will be one EU-wide cap on the number of emission allowances and this cap will decrease annually along a linear trend line, which will continue beyond the end of the third trading period (2013-2020). The main difference as compared to the proposal is that auctioning of allowances will be phased in more slowly.
What are the main changes compared to the Commission's proposal?
In summary, the main changes that have been made to the proposal are as follows:
Certain Member States are allowed an optional and temporary derogation from the rule that no allowances are to be allocated free of charge to electricity generators as of 2013. This option to derogate is available to Member States which fulfil certain conditions related to the interconnectivity of their electricity grid, share of a single fossil fuel in electricity production, and GDP/capita in relation to the EU-27 average. In addition, the amount of free allowances that a Member State can allocate to power plants is limited to 70% of carbon dioxide emissions of relevant plants in phase 1 and declines in the years thereafter. Furthermore free allocation in phase 3 can only be given to power plants that are operational or under construction no later than end 2008. See reply to question 15 below. There will be more details in the Directive on the criteria to be used to determine the sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage , and an earlier date of publication of the Commission's list of such sectors (31 December 2009). Moreover, subject to review when a satisfactory international agreement is reached, installations in all exposed industries will receive 100% free allowances to the extent that they use the most efficient technology. The free allocation to industry is limited to the share of these industries' emissions in total emissions in 2005 to 2007. The total number of allowances allocated for free to installations in industry sectors will decline annually in line with the decline of the emissions cap. Member States may also compensate certain installations for CO 2 costs passed on in electricity prices if the CO 2 costs might otherwise expose them to the risk of carbon leakage. The Commission has undertaken to modify the Community guidelines on state aid for environmental protection in this respect. See reply to question 15 below. The level of auctioning of allowances for non-exposed industry will increase in a linear manner as proposed by the Commission, but rather than reaching 100% by 2020 it will reach 70%, with a view to reaching 100% by 2027. As foreseen in the Commission's proposal, 10% of the allowances for auctioning 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. A provision has been added for another redistributive mechanism of 2% of auctioned allowances 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. The share of auctioning revenues that Member States are recommended to use to fight and adapt to climate change mainly within the EU, but also in developing countries, is raised from 20% to 50%. The text provides for a top-up to the proposed permitted level of use of JI/CDM credits in the 20% scenario for existing operators that received the lowest budgets to import and use such credits in relation to allocations and access to credits in the period 2008-2012. New sectors, new entrants in the periods 2013-2020 and 2008-2012 will also be able to use credits. The total amount of credits that may be used will, however, not exceed 50% of the reduction between 2008 and 2020. Based on a stricter emissions reduction in the context of a satisfactory international agreement, the Commission could allow additional access to CERs and ERUs for operators in the Community scheme. See reply to question 20 below. The proceeds from auctioning 300 million allowances from the new entrants reserve will be used to support up to 12 carbon capture and storage demonstration projects and projects demonstrating innovative renewable energy technologies. A number of conditions are attached to this financing mechanism. See reply to question 30 below. The possibility to opt-out small combustion installations provided they are subject to equivalent measures has been extended to cover all small installations irrespective of activity, the emission threshold has been raised from 10,000 to 25,000 tonnes of CO 2 per year, and the capacity threshold that combustion installations have to fulfil in addition has been raised from 25MW to 35MW. With these increased thresholds, the share of covered emissions that would potentially be excluded from the emissions trading system becomes significant, and consequently a provision has been added to allow for a corresponding reduction of the EU-wide cap on allowances.
Will there still be national allocation plans (NAPs)?
No. In their NAPs for the first (2005-2007) and the second (2008-2012) trading periods, Member States determined the total quantity of allowances to be issued – the cap – and how these would be allocated to the installations concerned. This approach has generated significant differences in allocation rules, creating an incentive for each Member State to favour its own industry, and has led to great complexity.
As from the third trading period, there will be a single EU-wide cap and allowances will be allocated on the basis of harmonised rules. National allocation plans will therefore not be needed any more.
How will the emission cap in phase 3 be determined?
The rules for calculating the EU-wide cap are as follows:
From 2013, the total number of allowances will decrease annually in a linear manner. The starting point of this line is the average total quantity of allowances (phase 2 cap) to be issued by Member States for the 2008-12 period, adjusted to reflect the broadened scope of the system from 2013 as well as any small installations that Member States have chosen to exclude. The linear factor by which the annual amount shall decrease is 1.74% in relation to the phase 2 cap.
The starting point for determining the linear factor of 1.74% is the 20% overall reduction of greenhouse gases compared to 1990, which is equivalent to a 14% reduction compared to 2005. However, a larger reduction is required of the EU ETS because it is cheaper to reduce emissions in the ETS sectors. The division that minimises overall reduction cost amounts to:
a 21% reduction in EU ETS sector emissions compared to 2005 by 2020; a reduction of around 10% compared to 2005 for the sectors that are not covered by the EU ETS.
The 21% reduction in 2020 results in an ETS cap in 2020 of a maximum of 1720 million allowances and implies an average phase 3 cap (2013 to 2020) of some 1846 million allowances and a reduction of 11% compared to the phase 2 cap.
All absolute figures indicated correspond to the coverage at the start of the second trading period and therefore don't take account of aviation, which will be added in 2012, and other sectors that will be added in phase 3.
The final figures for the annual emission caps in phase 3 will be determined and published by the Commission by 30 September 2010.
How will the emission cap beyond phase 3 be determined?
The linear factor of 1.74% used to determine the phase 3 cap will continue to apply beyond the end of the trading period in 2020 and will determine the cap for the fourth trading period (2021 to 2028) and beyond. It may be revised by 2025 at the latest. In fact, significant emission reductions of 60%-80% compared to 1990 will be necessary by 2050 to reach the strategic objective of limiting the global average temperature increase to not more than 2°C above pre-industrial levels.
An EU-wide cap on emission allowances will be determined for each individual year. Will this reduce flexibility for the installations concerned?
No, flexibility for installations will not be reduced at all. In any year, the allowances to be auctioned and distributed have to be issued by the competent authorities by 28 February. The last date for operators to surrender allowances is 30 April of the year following the year in which the emissions took place. So operators receive allowances for the current year before they have to surrender allowances to cover their emissions for the previous year. Allowances remain valid throughout the trading period and any surplus allowances can now be "banked" for use in subsequent trading periods. In this respect nothing will change.
The system will remain based on trading periods, but the third trading period will last eight years, from 2013 to 2020, as opposed to five years for the second phase from 2008 to 2012.
For the second trading period Member States generally decided to allocate equal total quantities of allowances for each year. The linear decrease each year from 2013 will correspond better to expected emissions trends over the period.
What are the tentative annual ETS cap figures for the period 2013 to 2020?
The tentative annual cap figures are as follows:
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).