Directive 2003/87 / EC (Emissions Trading Directive)

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Directive 2003/87 / EC

Title: Directive 2003/87 / EC of the European Parliament and of the Council of October 13, 2003 on a system for trading in greenhouse gas emission certificates in the Community and amending Directive 96/61 / EC of the Council
Designation:
(not official) 		Emissions Trading Directive
Scope: EEA
Legal matter: Environmental law
Basis: EC Treaty , in particular Article 175 paragraph 1
Procedure overview: European Commission
European Parliament
IPEX Wiki
Come into effect: October 25, 2003
To be
implemented in national law by: 		December 31, 2003
Reference: OJ L 275 of 25.10.2003, pp. 32-46
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2003/87 / EC (Emissions Trading Directive) provides the legal basis for the EU emissions trading , including the capping of emissions (the cap ) and the corresponding amount of tradable emission permits (certificates), the process for the issue of emission allowances and the individual time periods ( trading periods ) in which certificates are traded.

The aim of the guideline is to use an emissions trading system to reduce greenhouse gas emissions in the most cost-efficient and economically viable manner possible. The directive was adopted under the co-decision procedure as part of EU environmental policy and came into force on October 25, 2003.

The Emissions Trading Directive applies primarily to large industries in the sectors of energy conversion and conversion, ferrous metal production and processing, the mineral processing industry (cement industry, lime industry, glass industry and brick industry) and the paper and pulp industry. It thus covers almost half of EU-wide greenhouse gas emissions. For most of the other sectors, for example transport, agriculture or real estate, the EU states have to take appropriate measures to ensure the emission reductions allocated to them after the burden-sharing decision of 2009.

content

Operators of the plants covered by the directive must obtain approval from the member states to emit greenhouse gases. The operator is obliged to monitor and report on the emissions and must submit certificates for the total emissions of the year within four months of the end of the year.

At the beginning of each year, a fixed number of tradable certificates is issued: some are allocated directly to system operators and some are auctioned. Up until 2012, the member states laid down in national allocation plans - under review by the European Commission - which installations should receive how many emission allowances. Only a small part of the permissions was auctioned. Since the beginning of the third trading period in 2013, a Europe-wide amount of allowances has been set, which decreases by a certain percentage every year and is auctioned to a greater extent.

The guideline contains provisions on allocation plans and their review, on the proportion of free allowances ( grandfathering ) and the transfer and cancellation of allowances.

The Commission is mandated to adopt procedures and guidelines for monitoring and reporting. Member states must monitor the system operators based in their country. The guideline stipulates sanctions, including a fine of 100 euros per tonne of CO 2 -eq if a plant operator does not submit certificates for the amount of his emissions in good time. The penalty applies in addition to the certificate that has to be submitted subsequently.

The directive regulates the establishment of registers in the Member States, which record the certificates issued, their possession and all transactions. In addition, there is a Union register that also serves to fulfill the obligations under the Kyoto Protocol (e.g. with regard to the deregistration or deletion of Kyoto units). Member States have to report annually on the application of the Directive, and the Commission has to submit an overall report. Since 2013, rules have been in place for the use of auction proceeds that the states receive: at least 50% must be used for climate protection.

Member States can extend trading to non-covered installations. On application, installations can be exempted from emissions trading under certain circumstances

Emissions trading is divided into trading periods:

  • first trading period 2004-2007,
  • second trading period 2008–2012,
  • third trading period 2013-2020,
  • fourth trading period from 2021

development

As a central component of European climate policy, the Emissions Trading Directive has undergone a number of significant changes since it came into force in 2003:

Changes to the Emissions Trading Directive
publication Legal act content
October 27, 2004 Directive 2004/101 / EC ( Linking Directive )
 Link with the offset markets from Joint Implementation (JI) and Clean Development Mechanism (CDM)
November 19, 2008 Directive 2008/101 / EC Involvement of aviation
March 11, 2009 Regulation (EC) No. 219/2009 Adaptation to the regulatory procedure with scrutiny so that it can be applied in the future
April 23, 2009 Directive 2009/29 / EC extensive changes to "improve and expand" emissions trading from 2013: including EU-wide total and end of national allocation plans, rules for allocating certificates to member states and their auctioning, rules for using auction proceeds (at least 50% for climate protection)
17th December 2013 Decision No. 1359/2013 / EU to clarify the provisions on the timing of auctions of greenhouse gas emission certificates
April 16, 2014 Regulation (EU) No. 421/2014 Flights with an airport outside the EU and “in the outermost location” are in fact no longer participating in emissions trading due to ongoing negotiations in the ICAO
October 6, 2015 Decision (EU) 2015/1814 Introduction of a market stability reserve, which will be used from 2019
December 29, 2017 Regulation (EU) 2017/2392 concerns air traffic: extends the exemption for flights with an airport outside the EU and makes preparations for the ICAO's "global market-based mechanism" (CORSIA)
19th March 2018 Directive (EU) 2018/410 defines framework conditions for the fourth trading period:
  • determines that 43% of the certificates should initially be allocated free of charge and this quota should drop to 0% by the end of the period, tighten allocation benchmarks and regulate exceptions and criteria for areas in which relocation of production and carbon leakage are feared
  • tightens the linear reduction factor valid until 2030 from 1.74% to 2.2% per year
  • doubles the market stability reserve
  • allows member states to voluntarily cancel certificates
  • declares certificates issued from January 1, 2013 to be valid indefinitely (the exchange process from period to period is not applicable)
  • provides for a modernization and innovation fund for lower-emission technologies and equipping them with certificates and auction proceeds

Supplementary legal acts

The emissions trading directive as the main document on EU emissions trading is specified and supplemented by a number of other legal acts.

Supplements to the Emissions Trading Directive
publication Legal act
( short name )		 content
November 12, 2010 Regulation (EU) No. 1031/2010 Requirements for auction platforms, auction procedures and calendar
April 27, 2011 Decision 2011/278 / EU ( benchmarking decision )
Establishing a benchmark for the allocation of free emission certificates: The starting point is the average emissions from production in the 10% most efficient plants in a sector
June 21, 2012 Regulation (EU) No. 601/2012 ( Monitoring Regulation )
from the third trading period: details on full, consistent, transparent and accurate monitoring of greenhouse gas emissions and reporting,

Requirements for the examination of the reports and details on the accreditation of test centers

June 21, 2012 Regulation (EU) No. 600/2012 ( Accreditation and Verification Regulation )
May 2, 2011 Regulation (EU) No. 389/2013 ( EG RegVo, EG Register Regulation )
From the third trading period: Establishing a Union register with national accounts for EU emissions trading, linking it to Kyoto emissions trading and recording emissions that fall under the burden-sharing decision
5th September 2013 Decision 2013/448 / EU Quantity adjustments, etc. a. because of Croatia's accession to the EU, inclusion of additional sectors in Italy and the UK
November 8, 2013 Regulation (EU) No. 1123/2013 ( RICE regulation )
defines limits for the use of offset certificates from the Joint Implementation and the Clean Development Mechanism of the Kyoto Protocol
October 27, 2014 Decision 2014/746 / EU ( Carbon Leakage Decision )
Carbon leakage list : names 175 sectors for which a high risk of a shift in CO 2 emissions (carbon leakage) is seen; From 2015 they will receive 100% of the allocation benchmark free of charge
October 6, 2015 Decision (EU) 2015/1814 Establishment and application of a market stability reserve

implementation

Germany

The implementation in national law took place in Germany via the Greenhouse Gas Emissions Trading Act (TEHG). The first version was adopted by the Bundestag on March 12, 2004, adopted by the Bundesrat on June 11, 2004 and entered into force on July 15, 2004. A revised version was adopted in 2011. According to § 4 TEHG the release of greenhouse gases requires a permit. In addition, for each tonne of CO 2 emitted, an authorization in the form of an emissions certificate must be submitted to the competent authority no later than April 30 of the following year (TEHG § 6 Paragraph 1). The free allocation of emission certificates was regulated in Germany for the first and second trading period in allocation laws (ZuG). Since the introduction of EU-wide uniform allocation rules in the benchmarking decision 2011/278 / EU for the third trading period, allocation regulations have implemented the European rules.

In 2012, Wolfgang Gründinger ruled that Germany (“the largest polluting nation”) had flooded the market with licenses and granted influential coal companies generous privileges.

“Emissions trading is a prime example of an environmental-economic climate protection instrument that was supposed to advance to become the flagship of European climate policy, but which became the bone of contention in fierce distribution battles. […] In the first introductory phase of emissions trading (2005–2007), three of the six largest polluting nations distributed more emission allowances to their industry than they actually needed - which runs counter to the purpose of emissions trading, namely the shortage of emission allowances. In Germany […] too, there was an oversupply of 4.3%. Great Britain, the second largest polluter in Europe, issued 17.7% fewer certificates than required. "

- Wolfgang Gründinger : lobbying in climate protection

Austria

In Austria, the Emissions Directive was implemented through the Emissions Certificate Act . It was published in its first version on April 30, 2004 in the Federal Law Gazette for the Republic of Austria. In December 2011 it was reissued as the "Emissions Certificate Act 2011".

literature

  • Wolfgang Gründinger : lobbying in climate protection. The influence of interest groups on the national structure of the EU emissions trading . VS Verlag für Sozialwissenschaften, 2012, ISBN 978-3-531-18348-0 .

Web links

Footnotes

  1. ↑ Long text Directive 2003/87 / EC of the European Parliament and of the Council of October 13, 2003 on a system for trading in greenhouse gas emission certificates in the Community and amending Directive 96/61 / EC of the Council
  2. ↑ Art. 192 (1) (ex Article 175 EGV)
  3. ↑ see "Document Information" and "Procedure" under Directive 2003/87 / EC
  4. ↑ Article 9 of Directive 2003/87 / EC in the 2003 version.
  5. ↑ Understand abbreviations based on emissions trading - laws and ordinances. Federal Environment Agency - German Emissions Trading Authority (DeHst), accessed on November 29, 2017 .
  6. ↑ Replaced the monitoring guidelines for the 1st and 2nd trading period: Decision 2004/156 / EC (Monitoring guidelines for the 1st trading period) and Decision 2007/589 / EC (Monitoring guidelines for the 2nd trading period, consolidated version).
  7. ↑ replaced the register ordinances 2011 ( No. 1193/2011 ) and 2010 ( No. 920/2010 ).
  8. ↑ The precursor was Decision 2010/2 / EU with 164 sectors.
  9. ↑ Allocation Ordinance 2020 (ZuV 2020)
  10. ^ Wolfgang Gründinger: Lobbyism in climate protection. The influence of interest groups on the national structure of the EU emissions trading. VS Verlag für Sozialwissenschaften, 2012, ISBN 978-3-531-18348-0 , p. 8 (summary); Chapter 6 (pp. 760–781): Dilution of emissions trading by industry and the energy sector
  11. ^ Wolfgang Gründinger: Lobbyism in climate protection. The influence of interest groups on the national structure of the EU emissions trading. VS Verlag für Sozialwissenschaften, 2012, ISBN 978-3-531-18348-0 , p. 11 (italics in the original).
  12. ↑ Federal Law Gazette I No. 46/2004
  13. ↑ Emission Certificate Act 2011
  14. ↑ BGBl. I No. 46/2004 as amended by BGBl. I No. 111/2010