+DIRECTIVE 2003/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 2003 establishing a ►M9 system ◄ for greenhouse gas emission allowance trading within the ►M9 Union ◄ and amending Council Directive 96/61/EC (Text with EEA relevance)
---+CHAPTER I GENERAL PROVISIONS
------+Article 1 Subject matter
------+Article 2 Scope
---------+Article 2 1.
---------+Article 2 2.
---------+Article 2 3.
------+Article 3 Definitions
---+CHAPTER II AVIATION AND MARITIME TRANSPORT
------+Article 3a Scope
------+Article 3b Aviation activities
------+Article 3c Total quantity of allowances for aviation
---------+Article 3c 1.
---------+Article 3c 3.
---------+Article 3c 3a.
---------+Article 3c 4.
---------+Article 3c 5.
---------+Article 3c 6.
---------+Article 3c 7.
---------+Article 3c 8.
------+Article 3d Method of allocation of allowances for aviation through auctioning
---------+Article 3d 1.
---------+Article 3d 1a.
---------+Article 3d 3.
---------+Article 3d 4.
---------+Article 3d 5.
------+Article 3g Monitoring and reporting plans
------+Article 3ga Scope of application to maritime transport activities
---------+Article 3ga 1.
---------+Article 3ga 2.
---------+Article 3ga 3.
------+Article 3gb Phase-in of requirements for maritime transport
------+Article 3gc Provisions for transfer of the costs of the EU ETS from the shipping company to another entity
------+Article 3gd Monitoring and reporting of emissions from maritime transport
------+Article 3ge Verification and accreditation rules for emissions from maritime transport
------+Article 3gf Administering authority in respect of a shipping company
---------+Article 3gf 1.
---------+Article 3gf 2.
---------+Article 3gf 3.
---------+Article 3gf 4.
------+Article 3gg Reporting and review
---------+Article 3gg 1.
---------+Article 3gg 2.
---------+Article 3gg 3.
---------+Article 3gg 4.
---------+Article 3gg 5.
---+CHAPTER III STATIONARY INSTALLATIONS
------+Article 3h Scope
------+Article 4 Greenhouse gas emissions permits
------+Article 5 Applications for greenhouse gas emissions permits
------+Article 6 Conditions for and contents of the greenhouse gas emissions permit
---------+Article 6 1.
---------+Article 6 2.
------+Article 7 Changes relating to installations
------+Article 8 Coordination with Directive 2010/75/EU
------+Article 9 ►M9Union◄-wide quantity of allowances
------+Article 9a Adjustment of the►M9Union◄-wide quantity of allowances
---------+Article 9a 1.
---------+Article 9a 2.
---------+Article 9a 3.
---------+Article 9a 4.
------+Article 10 Auctioning of allowances
---------+Article 10 1.
---------+Article 10 1a.
---------+Article 10 2.
---------+Article 10 3.
---------+Article 10 4.
---------+Article 10 5.
---------+Article 10 6.
------+Article 10a Transitional►M9Union◄-wide rules for harmonised free allocation
---------+Article 10a 1.
---------+Article 10a 1a.
---------+Article 10a 2.
---------+Article 10a 5.
---------+Article 10a 5a.
---------+Article 10a 5b.
---------+Article 10a 6.
---------+Article 10a 7.
---------+Article 10a 8.
---------+Article 10a 8a.
---------+Article 10a 8b.
---------+Article 10a 9.
---------+Article 10a 11.
---------+Article 10a 19.
---------+Article 10a 20.
---------+Article 10a 21.
---------+Article 10a 22.
------+Article 10b Transitional measures to support certain energy intensive industries in the event of carbon leakage
---------+Article 10b 1.
---------+Article 10b 2.
---------+Article 10b 3.
---------+Article 10b 4.
---------+Article 10b 5.
------+Article 10c Option for transitional free allocation for the modernisation of the energy sector
---------+Article 10c 1.
---------+Article 10c 2.
---------+Article 10c 3.
---------+Article 10c 4.
---------+Article 10c 5.
---------+Article 10c 6.
---------+Article 10c 7.
------+Article 10ca Earlier deadline for transitional free allocation for the modernisation of the energy sector
------+Article 10d Modernisation Fund
---------+Article 10d 1.
---------+Article 10d 2.
---------+Article 10d 3.
---------+Article 10d 4.
---------+Article 10d 5.
---------+Article 10d 6.
---------+Article 10d 7.
---------+Article 10d 8.
---------+Article 10d 9.
---------+Article 10d 10.
---------+Article 10d 11.
---------+Article 10d 12.
------+Article 10e Recovery and Resilience Facility
---------+Article 10e 1.
---------+Article 10e 2.
---------+Article 10e 3.
---------+Article 10e 4.
---------+Article 10e 5.
---------+Article 10e 6.
---------+Article 10e 7.
------+Article 10f ‘Do no significant harm’ principle
------+Article 11 National implementation measures
---------+Article 11 1.
---------+Article 11 2.
---------+Article 11 3.
---+CHAPTER IV PROVISIONS APPLYING TO AVIATION, MARITIME TRANSPORT AND STATIONARY INSTALLATIONS
------+Article 11a Use of CERs and ERUs from project activities in the►M9EU ETS◄before the entry into force of an international agreement on climate change
---------+Article 11a 1.
---------+Article 11a 2.
---------+Article 11a 3.
---------+Article 11a 5.
---------+Article 11a 6.
---------+Article 11a 7.
---------+Article 11a 8.
------+Article 11b Project activities
---------+Article 11b 1.
---------+Article 11b 2.
---------+Article 11b 3.
---------+Article 11b 4.
---------+Article 11b 5.
---------+Article 11b 6.
------+Article 12 Transfer, surrender and cancellation of allowances
---------+Article 12 1.
---------+Article 12 1a.
---------+Article 12 2.
---------+Article 12 3.
---------+Article 12 3-e.
---------+Article 12 3-d.
---------+Article 12 3-c.
---------+Article 12 3-b.
---------+Article 12 3-a.
---------+Article 12 3a.
---------+Article 12 3b.
---------+Article 12 4.
---------+Article 12 5.
---------+Article 12 6.
---------+Article 12 7.
---------+Article 12 8.
---------+Article 12 9.
------+Article 13 Validity of allowances
------+Article 14 Monitoring and reporting of emissions
---------+Article 14 1.
---------+Article 14 2.
---------+Article 14 3.
---------+Article 14 4.
---------+Article 14 5.
---------+Article 14 6.
------+Article 15 Verification and accreditation
------+Article 15a Disclosure of information and professional secrecy
------+Article 16 Penalties
---------+Article 16 1.
---------+Article 16 2.
---------+Article 16 3.
---------+Article 16 3a.
---------+Article 16 4.
---------+Article 16 5.
---------+Article 16 6.
---------+Article 16 7.
---------+Article 16 8.
---------+Article 16 9.
---------+Article 16 10.
---------+Article 16 11.
---------+Article 16 11a.
---------+Article 16 12.
------+Article 17 Access to information
------+Article 18 Competent authority
------+Article 18a Administering Member State
---------+Article 18a 1.
---------+Article 18a 2.
---------+Article 18a 3.
---------+Article 18a 4.
---------+Article 18a 5.
------+Article 18b Assistance from the Commission, EMSA and other relevant organisations
---------+Article 18b 1.
---------+Article 18b 2.
------+Article 19 Registries
---------+Article 19 1.
---------+Article 19 2.
---------+Article 19 3.
---------+Article 19 4.
------+Article 20 Central Administrator
---------+Article 20 1.
---------+Article 20 2.
---------+Article 20 3.
------+Article 21 Reporting by Member States
---------+Article 21 1.
---------+Article 21 2.
---------+Article 21 3.
---------+Article 21 4.
------+Article 21a Support of capacity-building activities
------+Article 22 Amendments to the Annexes
------+Article 22a Committee procedure
---------+Article 22a 1.
---------+Article 22a 2.
------+Article 23 Exercise of the delegation
---------+Article 23 1.
---------+Article 23 2.
---------+Article 23 3.
---------+Article 23 4.
---------+Article 23 5.
---------+Article 23 6.
------+Article 24 Procedures for unilateral inclusion of additional activities and gases
---------+Article 24 1.
---------+Article 24 2.
---------+Article 24 3.
------+Article 24a Harmonised rules for projects that reduce emissions
---------+Article 24a 1.
---------+Article 24a 3.
------+Article 25 Links with other greenhouse gas emissions trading►M9systems◄
---------+Article 25 1.
---------+Article 25 1a.
---------+Article 25 1b.
------+Article 25a Third country measures to reduce the climate change impact of aviation
---------+Article 25a 1.
---------+Article 25a 2.
---------+Article 25a 3.
---------+Article 25a 4.
---------+Article 25a 5.
---------+Article 25a 6.
---------+Article 25a 7.
---------+Article 25a 8.
------+Article 26 Amendment of Directive 96/61/EC
------+Article 27 Exclusion of small installations subject to equivalent measures
---------+Article 27 1.
---------+Article 27 2.
---------+Article 27 3.
---------+Article 27 4.
------+Article 27a Optional exclusion of installations emitting less than 2 500 tonnes
---------+Article 27a 1.
---------+Article 27a 2.
---------+Article 27a 3.
------+Article 28 Adjustments applicable upon the approval by the►M9Union◄of an international agreement on climate change
---------+Article 28 1.
---------+Article 28 2.
---------+Article 28 3.
---------+Article 28 4.
---------+Article 28 5.
------+Article 28a Derogations applicable in advance of the mandatory implementation of ICAO’s global market-based measure
---------+Article 28a 1.
---------+Article 28a 2.
---------+Article 28a 3.
---------+Article 28a 4.
---------+Article 28a 5.
------+Article 28b Reporting and review by the Commission concerning the implementation of ICAO’s global market-based measure
---------+Article 28b 1.
---------+Article 28b 2.
---------+Article 28b 3.
------+Article 28c Provisions for monitoring, reporting and verification for the purpose of the global market-based measure
------+Article 29 Report to ensure the better functioning of the carbon market
------+Article 29a Measures in the event of excessive price fluctuations
---------+Article 29a 1.
---------+Article 29a 2.
---------+Article 29a 3.
------+Article 30 Review in the light of the implementation of the Paris Agreement and the development of carbon markets in other major economies
---------+Article 30 1.
---------+Article 30 2.
---------+Article 30 3.
---------+Article 30 4.
---------+Article 30 5.
---------+Article 30 6.
---------+Article 30 7.
---------+Article 30 8.
---+CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT AND ADDITIONAL SECTORS
------+Article 30a Scope
------+Article 30b Greenhouse gas emissions permits
---------+Article 30b 1.
---------+Article 30b 2.
---------+Article 30b 3.
---------+Article 30b 4.
---------+Article 30b 5.
---------+Article 30b 6.
------+Article 30c Union-wide quantity of allowances
---------+Article 30c 1.
---------+Article 30c 2.
---------+Article 30c 3.
---------+Article 30c 4.
------+Article 30d Auctioning of allowances for the activity referred to in Annex III
---------+Article 30d 1.
---------+Article 30d 2.
---------+Article 30d 3.
---------+Article 30d 4.
---------+Article 30d 5.
---------+Article 30d 6.
---------+Article 30d 7.
------+Article 30e Transfer, surrender and cancellation of allowances
---------+Article 30e 1.
---------+Article 30e 2.
---------+Article 30e 3.
---------+Article 30e 4.
------+Article 30f Monitoring, reporting, verification of emissions and accreditation
---------+Article 30f 1.
---------+Article 30f 2.
---------+Article 30f 3.
---------+Article 30f 4.
---------+Article 30f 5.
---------+Article 30f 6.
---------+Article 30f 7.
---------+Article 30f 8.
------+Article 30g Administration
------+Article 30h Measures in the event of an excessive price increase
---------+Article 30h 1.
---------+Article 30h 2.
---------+Article 30h 3.
---------+Article 30h 4.
---------+Article 30h 5.
---------+Article 30h 6.
---------+Article 30h 7.
---------+Article 30h 8.
---------+Article 30h 9.
------+Article 30i Review of this Chapter
------+Article 30j Procedures for unilateral extension of the activity referred to in Annex III to other sectors not subject to Chapters II and III
---------+Article 30j 1.
---------+Article 30j 2.
------+Article 30k Postponement of emissions trading for buildings, road transport and additional sectors until 2028 in the event of exceptionally high energy prices
---------+Article 30k 1.
---------+Article 30k 2.
---+CHAPTER IVb SCIENTIFIC ADVICE AND VISIBILITY OF FUNDING
------+Article 30l Scientific advice
------+Article 30m Information, communication and publicity
---------+Article 30m 1.
---------+Article 30m 2.
---------+Article 30m 3.
---+CHAPTER V FINAL PROVISIONS
------+Article 31 Implementation
---------+Article 31 1.
---------+Article 31 2.
------+Article 32 Entry into force
------+Article 33 Addressees
---+ANNEX I CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES
---+ANNEX II GREENHOUSE GASES REFERRED TO IN ARTICLES 3 AND 30
---+ANNEX IIa Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of►M9Union◄solidarity and growth in order to reduce emissions and adapt to the effects of climate change
---+ANNEX IIb
---+ANNEX III ACTIVITY COVERED BY CHAPTER IVa
---+ANNEX IIIa ADJUSTMENT OF LINEAR REDUCTION FACTOR IN ACCORDANCE WITH ARTICLE 30c(2)
---+ANNEX IV PRINCIPLES FOR MONITORING AND REPORTING REFERRED TO IN ARTICLE 14(1)
---+ANNEX V CRITERIA FOR VERIFICATION REFERRED TO IN ARTICLE 15
|
English -
European Union -
Environment -
Sustainability -
DIRECTIVE 2003/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 2003 establishing a ►M9 system ◄ for greenhouse gas emission allowance trading within the ►M9 Union ◄ and amending Council Directive 96/61/EC (Text with EEA relevance)
DIRECTIVE 2003/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 October 2003
establishing a
►M9
system ◄ for greenhouse gas emission allowance trading within the
►M9
Union ◄ and amending Council Directive 96/61/EC
(Text with EEA relevance)
1. Panoramica
| Titolo |
Regolamentazione |
|
CHAPTER I GENERAL PROVISIONS
|
CHAPTER I GENERAL PROVISIONS
|
|
CHAPTER II AVIATION AND MARITIME TRANSPORT
|
CHAPTER II AVIATION AND MARITIME TRANSPORT
|
|
CHAPTER III STATIONARY INSTALLATIONS
|
CHAPTER III STATIONARY INSTALLATIONS
|
|
CHAPTER IV PROVISIONS APPLYING TO AVIATION, MARITIME TRANSPORT AND STATIONARY INSTALLATIONS
|
CHAPTER IV PROVISIONS APPLYING TO AVIATION, MARITIME TRANSPORT AND STATIONARY INSTALLATIONS
|
|
CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT AND ADDITIONAL SECTORS
|
CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT AND ADDITIONAL SECTORS
|
|
CHAPTER IVb SCIENTIFIC ADVICE AND VISIBILITY OF FUNDING
|
CHAPTER IVb SCIENTIFIC ADVICE AND VISIBILITY OF FUNDING
|
|
CHAPTER V FINAL PROVISIONS
|
CHAPTER V FINAL PROVISIONS
|
|
ANNEX I CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES
|
ANNEX I
CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES
▼M15
|
1.
|
Installations or parts of installations used for research, development and testing of new products and processes are not covered by this Directive. Installations where during the preceding relevant five-year period referred to in Article 11(1), second subparagraph, emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute on average to more than 95 % of the total average greenhouse gas emissions are not covered by this Directive.
|
▼M4
|
2.
|
The thresholds values given below generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same installation, the capacities of such activities are added together.
|
▼M15
|
3.
|
When the total rated thermal input of an installation is calculated in order to decide upon its inclusion in the EU ETS, the rated thermal inputs of all technical units which are part of it, in which fuels are combusted within the installation, shall be added together. Those units may include all types of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units. Units with a rated thermal input under 3 MW shall not be taken into account for the purposes of this calculation.
|
▼M4
|
4.
|
If a unit serves an activity for which the threshold is not expressed as total rated thermal input, the threshold of this activity shall take precedence for the decision about the inclusion in the
►M9
EU ETS ◄ .
|
|
5.
|
When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit.
|
|
6.
|
From 1 January 2012 all flights which arrive at or depart from an aerodrome situated in the territory of a Member State to which the Treaty applies shall be included.
|
Activities
|
Greenhouse gases
|
|
▼M15
|
|
Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste)
From 1 January 2024, combustion of fuels in installations for the incineration of municipal waste with a total rated thermal input exceeding 20 MW, for the purposes of Articles 14 and 15.
|
Carbon dioxide
|
|
Refining of oil, where combustion units with a total rated thermal input exceeding 20 MW are operated
|
Carbon dioxide
|
|
▼M4
|
|
Production of coke
|
Carbon dioxide
|
|
Metal ore (including sulphide ore) roasting or sintering, including pelletisation
|
Carbon dioxide
|
|
▼M15
|
|
Production of iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour
|
Carbon dioxide
|
|
▼M4
|
|
Production or processing of ferrous metals (including ferro-alloys) where combustion units with a total rated thermal input exceeding 20 MW are operated. Processing includes, inter alia, rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling
|
Carbon dioxide
|
|
▼M15
|
|
Production of primary aluminium or alumina
|
Carbon dioxide and perfluorocarbons
|
|
▼M4
|
|
Production of secondary aluminium where combustion units with a total rated thermal input exceeding 20 MW are operated
|
Carbon dioxide
|
|
Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated
|
Carbon dioxide
|
|
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day
|
Carbon dioxide
|
|
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day
|
Carbon dioxide
|
|
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day
|
Carbon dioxide
|
|
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day
|
Carbon dioxide
|
|
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day
|
Carbon dioxide
|
|
▼M15
|
|
Drying or calcination of gypsum or production of plaster boards and other gypsum products, with a production capacity of calcined gypsum or dried secondary gypsum exceeding a total of 20 tonnes per day
|
Carbon dioxide
|
|
▼M4
|
|
Production of pulp from timber or other fibrous materials
|
Carbon dioxide
|
|
Production of paper or cardboard with a production capacity exceeding 20 tonnes per day
|
Carbon dioxide
|
|
▼M15
|
|
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues with a production capacity exceeding 50 tonnes per day
|
Carbon dioxide
|
|
▼M4
|
|
Production of nitric acid
|
Carbon dioxide and nitrous oxide
|
|
Production of adipic acid
|
Carbon dioxide and nitrous oxide
|
|
Production of glyoxal and glyoxylic acid
|
Carbon dioxide and nitrous oxide
|
|
Production of ammonia
|
Carbon dioxide
|
|
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day
|
Carbon dioxide
|
|
▼M15
|
|
Production of hydrogen (H2) and synthesis gas with a production capacity exceeding 5 tonnes per day
|
Carbon dioxide
|
|
▼M4
|
|
Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)
|
Carbon dioxide
|
|
Capture of greenhouse gases from installations covered by this Directive for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC
|
Carbon dioxide
|
|
▼M15
|
|
Transport of greenhouse gases for geological storage in a storage site permitted under Directive 2009/31/EC, with the exclusion of those emissions covered by another activity under this Directive
|
Carbon dioxide
|
|
▼M4
|
|
Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31/EC
|
Carbon dioxide
|
|
Aviation
Flights which depart from or arrive in an aerodrome situated in the territory of a MemberState to which the Treaty applies.
This activity shall not include:
(a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;
(b) military flights performed by military aircraft and customs and police flights;
(c) flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;
(d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;
(e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;
(f) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;
(g) flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;
(h) flights performed by aircraft with a certified maximum take-off mass of less than 5 700 kg;
(i) flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed
►M14
50 000 ◄ seats per year;
(j) flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:
— fewer than 243 flights per period for three consecutive four-month periods, or
— flights with total annual emissions lower than 10 000 tonnes per year.
Flights referred to in points (l) and (m) or performed exclusively for the transport, on official mission, of reigning Monarchs and their immediate family, Heads of State, Heads of Government and Government Ministers, of a Member State may not be excluded under this point;
►M11
(k) from 1 January 2013 to 31 December 2030, flights which, but for this point, would fall within this activity, performed by a non-commercial aircraft operator operating flights with total annual emissions lower than 1 000 tonnes per year (including emissions from flights referred to in points (l) and (m)); ◄
►M10
(l) flights from aerodromes situated in Switzerland to aerodromes situated in the EEA; ◄
►M11
(m) flights from aerodromes situated in the United Kingdom to aerodromes situated in the EEA. ◄
►M14
Flights between aerodromes that are located in two different States that are listed in the implementing act adopted pursuant to Article 25a(3) and flights between Switzerland or the United Kingdom and States that are listed in the implementing act adopted pursuant to Article 25a(3) and, for the purposes of Article 12(6) and (8) and Article 28c, any other flight between aerodromes that are located in two different third countries by aircraft operators that fulfil all of the following conditions:
(a) the aircraft operators hold an air operator certificate issued by a Member State or are registered in a Member State, including in the outermost regions, dependencies and territories of that Member State; and
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aeroplanes with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by this Annex, other than those departing and arriving in the same Member State, including outermost regions of the same Member State, from 1 January 2021; for the purposes of this point, emissions from the following types of flights shall not be taken into account:
(i) State flights;
(ii) humanitarian flights;
(iii) medical flights;
(iv) military flights;
(v) firefighting flights;
(vi) flights preceding or following a humanitarian, medical or firefighting flight provided that such flights were conducted with the same aircraft and were required to accomplish the related humanitarian, medical or firefighting activities or to reposition the aircraft after those activities for its next activity. ◄
|
Carbon dioxide
|
|
▼M15
|
|
Maritime transport
Maritime transport activities covered by Regulation (EU) 2015/757 with the exception of the maritime transport activities covered by Article 2(1a) and, until 31 December 2026, Article 2(1b) of that Regulation
|
Carbon dioxide
From 1 January 2026, methane and nitrous oxide
|
|
|
|
ANNEX II GREENHOUSE GASES REFERRED TO IN ARTICLES 3 AND 30
|
ANNEX II
GREENHOUSE GASES REFERRED TO IN ARTICLES 3 AND 30
Carbon dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur Hexafluoride (SF6)
|
|
ANNEX IIa Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of►M9Union◄solidarity and growth in order to reduce emissions and adapt to the effects of climate change
|
ANNEX IIa
Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of
►M9
Union ◄ solidarity and growth in order to reduce emissions and adapt to the effects of climate change
|
|
Member State share
|
|
▼M9 —————
|
|
▼M4
|
|
Bulgaria
|
53 %
|
|
Czech Republic
|
31 %
|
|
Estonia
|
42 %
|
|
Greece
|
17 %
|
|
Spain
|
13 %
|
|
▼A1
|
|
Croatia
|
26 %
|
|
▼M9 —————
|
|
▼M4
|
|
Cyprus
|
20 %
|
|
Latvia
|
56 %
|
|
Lithuania
|
46 %
|
|
▼M9 —————
|
|
▼M4
|
|
Hungary
|
28 %
|
|
Malta
|
23 %
|
|
Poland
|
39 %
|
|
Portugal
|
16 %
|
|
Romania
|
53 %
|
|
Slovenia
|
20 %
|
|
Slovakia
|
41 %
|
|
▼M9 —————
|
|
|
ANNEX IIb
|
ANNEX IIb
PART A
DISTRIBUTION OF FUNDS FROM THE MODERNISATION FUND CORRESPONDING TO ARTICLE 10(1), THIRD SUBPARAGRAPH
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Share
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Bulgaria
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5,84 %
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Czechia
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15,59 %
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Estonia
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2,78 %
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Croatia
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3,14 %
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Latvia
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1,44 %
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Lithuania
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2,57 %
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Hungary
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7,12 %
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Poland
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43,41 %
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Romania
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11,98 %
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Slovakia
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6,13 %
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PART B
DISTRIBUTION OF FUNDS FROM THE MODERNISATION FUND CORRESPONDING TO ARTICLE 10(1), FOURTH SUBPARAGRAPH
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Share
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Bulgaria
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4,9 %
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Czechia
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12,6 %
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Estonia
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2,1 %
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Greece
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10,1 %
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Croatia
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2,3 %
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Latvia
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1,0 %
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Lithuania
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1,9 %
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Hungary
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5,8 %
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Poland
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34,2 %
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Portugal
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8,6 %
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Romania
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9,7 %
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Slovakia
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4,8 %
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Slovenia
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2,0 %
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ANNEX III ACTIVITY COVERED BY CHAPTER IVa
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ANNEX III
ACTIVITY COVERED BY CHAPTER IVa
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Activity
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Greenhouse gases
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Release for consumption of fuels which are used for combustion in the buildings, road transport and additional sectors. This activity shall not include:
(a) the release for consumption of fuels used in the activities listed in Annex I, except if used for combustion in the activities of transport of greenhouse gases for geological storage as set out in the table, row twenty seven, of that Annex or if used for combustion in installations excluded under Article 27a;
(b) the release for consumption of fuels for which the emission factor is zero;
(c) the release for consumption of hazardous or municipal waste used as fuel.
The buildings and road transport sectors shall correspond to the following sources of emissions, defined in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories, with the necessary modifications to those definitions as follows:
(a) Combined Heat and Power Generation (CHP) (source category code 1A1a ii) and Heat Plants (source category code 1A1a iii), insofar as they produce heat for categories under points (c) and (d) of this paragraph, either directly or through district heating networks;
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Carbon dioxide
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(b) Road Transportation (source category code 1A3b), excluding the use of agricultural vehicles on paved roads;
(c) Commercial / Institutional (source category code 1A4a);
(d) Residential (source category code 1A4b).
Additional sectors shall correspond to the following sources of emissions, defined in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories:
(a) Energy Industries (source category code 1A1), excluding the categories defined under the second paragraph, point (a), of this Annex;
(b) Manufacturing Industries and Construction (source category code 1A2).
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ANNEX IIIa ADJUSTMENT OF LINEAR REDUCTION FACTOR IN ACCORDANCE WITH ARTICLE 30c(2)
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ANNEX IIIa
ADJUSTMENT OF LINEAR REDUCTION FACTOR IN ACCORDANCE WITH ARTICLE 30c(2)
1. If the average emissions reported under Chapter IVa for the years 2024 to 2026 are more than 2 % higher compared to the value of the 2025 quantity defined in accordance with Article 30c(1), and if those differences are not due to the difference of less than 5 % between the emissions reported under Chapter IVa and the inventory data of 2025 Union greenhouse gas emissions from UNFCCC source categories for the sectors covered under Chapter IVa, the linear reduction factor shall be calculated by adjusting the linear reduction factor referred to in Article 30c(1).
2. The adjusted linear reduction factor in accordance with point 1 shall be determined as follows:
LRFadj = 100%* [MRV[2024-2026] – (ESR[2024] - 6* LRF[2024]* ESR[2024])]/ (5* MRV[2024-2026]), where,
LRFadj is the adjusted linear reduction factor;
MRV[2024-2026] is the average of verified emissions under Chapter IVa for the years 2024 to 2026;
ESR[2024] is the value of 2024 emissions defined in accordance with Article 30c(1) for the sectors covered under Chapter IVa;
LRF[2024] is the linear reduction factor referred to in Article 30c(1).
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ANNEX IV PRINCIPLES FOR MONITORING AND REPORTING REFERRED TO IN ARTICLE 14(1)
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ANNEX IV
PRINCIPLES FOR MONITORING AND REPORTING REFERRED TO IN ARTICLE 14(1)
▼M2
PART A — Monitoring and reporting of emissions from stationary installations
▼B
Monitoring of carbon dioxide emissions
Emissions shall be monitored either by calculation or on the basis of measurement.
Calculation
Calculations of emissions shall be performed using the formula:
Activity data × Emission factor × Oxidation factor
Activity data (fuel used, production rate etc.) shall be monitored on the basis of supply data or measurement.
Accepted emission factors shall be used. Activity-specific emission factors are acceptable for all fuels. Default factors are acceptable for all fuels except non-commercial ones (waste fuels such as tyres and industrial process gases). Seam-specific defaults for coal, and EU-specific or producer country-specific defaults for natural gas shall be further elaborated. IPCC default values are acceptable for refinery products.
►M15
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission-saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14 of this Directive, shall be zero. ◄
If the emission factor does not take account of the fact that some of the carbon is not oxidised, then an additional oxidation factor shall be used. If activity-specific emission factors have been calculated and already take oxidation into account, then an oxidation factor need not be applied.
▼M15
Default oxidation factors developed pursuant to Directive 2010/75/EU shall be used, unless the operator can demonstrate that activity-specific factors are more accurate.
▼B
A separate calculation shall be made for each activity, installation and for each fuel.
Measurement
Measurement of emissions shall use standardised or accepted methods, and shall be corroborated by a supporting calculation of emissions.
Monitoring of emissions of other greenhouse gases
▼M9
Standardised or accepted methods, developed by the Commission in collaboration with all relevant stakeholders and adopted pursuant to Article 14(1), shall be used.
▼B
Reporting of emissions
Each operator shall include the following information in the report for an installation:
A.
Data identifying the installation, including:
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Name of the installation;
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Its address, including postcode and country;
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Type and number of Annex I activities carried out in the installation;
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Address, telephone, fax and email details for a contact person; and
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Name of the owner of the installation, and of any parent company.
B.
For each Annex I activity carried out on the site for which emissions are calculated:
C.
For each Annex I activity carried out on the site for which emissions are measured:
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Information on the reliability of measurement methods; and
D.
For emissions from combustion, the report shall also include the oxidation factor, unless oxidation has already been taken into account in the development of an activity-specific emission factor.
Member States shall take measures to coordinate reporting requirements with any existing reporting requirements in order to minimise the reporting burden on businesses.
▼M2
PART B — Monitoring and reporting of emissions from aviation activities
Monitoring of carbon dioxide emissions
Emissions shall be monitored by calculation. Emissions shall be calculated using the formula:
Fuel consumption × emission factor
Fuel consumption shall include fuel consumed by the auxiliary power unit. Actual fuel consumption for each flight shall be used wherever possible and shall be calculated using the formula:
Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete – amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete + fuel uplift for that subsequent flight.
If actual fuel consumption data are not available, a standardised tiered method shall be used to estimate fuel consumption data based on best available information.
Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate.
►M15
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission-saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14 of this Directive, shall be zero. ◄
►M14
The emission factor for jet kerosene (Jet A1 or Jet A) shall be 3,16 (t CO2/t fuel). ◄
▼M14
Emissions from renewable fuels of non-biological origin using hydrogen from renewable sources compliant with Article 25 of Directive (EU) 2018/2001 shall be rated with zero emissions for the aircraft operators using them until the implementing act referred to in Article 14(1) of this Directive is adopted.
▼M2
A separate calculation shall be made for each flight and for each fuel.
Reporting of emissions
Each aircraft operator shall include the following information in its report under Article 14(3):
A.
Data identifying the aircraft operator, including:
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name of the aircraft operator,
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its administering Member State,
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its address, including postcode and country and, where different, its contact address in the administering Member State,
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the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities listed in Annex I for which it is the aircraft operator,
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the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Annex I for which it is the aircraft operator were performed,
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address, telephone, fax and e-mail details for a contact person, and
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name of the aircraft owner.
B.
For each type of fuel for which emissions are calculated:
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total aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator,
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aggregated emissions from:
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all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator and which departed from an aerodrome situated in the territory of a Member State and arrived at an aerodrome situated in the territory of the same Member State,
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all other flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator,
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aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator and which:
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departed from each Member State, and
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arrived in each Member State from a third country,
Monitoring of tonne-kilometre data for the purpose of Articles 3e and 3f
For the purpose of applying for an allocation of allowances in accordance with Article 3e(1) or Article 3f(2), the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:
tonne-kilometres = distance × payload
where:
‘distance’ means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; and
‘payload’ means the total mass of freight, mail and passengers carried.
For the purposes of calculating the payload:
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the number of passengers shall be the number of persons on-board excluding crew members,
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an aircraft operator may choose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value of 100 kg for each passenger and his checked baggage.
Reporting of tonne-kilometre data for the purpose of Articles 3e and 3f
Each aircraft operator shall include the following information in its application under Article 3e(1) or Article 3f(2):
A.
Data identifying the aircraft operator, including:
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name of the aircraft operator,
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its administering Member State,
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its address, including postcode and country and, where different, its contact address in the administering Member State,
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the aircraft registration numbers and types of aircraft used during the year covered by the application to perform the aviation activities listed in Annex I for which it is the aircraft operator,
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the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Annex I for which it is the aircraft operator were performed,
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address, telephone, fax and e-mail details for a contact person, and
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name of the aircraft owner.
B.
Tonne-kilometre data:
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number of flights by aerodrome pair,
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number of passenger-kilometres by aerodrome pair,
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number of tonne-kilometres by aerodrome pair,
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chosen method for calculation of mass for passengers and checked baggage,
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total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Annex I for which it is the aircraft operator.
▼M15
PART C
Monitoring and reporting of emissions corresponding to the activity referred to in Annex III
Monitoring of emissions
Emissions shall be monitored by calculation.
Calculation
Emissions shall be calculated using the following formula:
Fuel released for consumption × emission factor
Fuel released for consumption shall include the quantity of fuel released for consumption by the regulated entity.
Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of those Guidelines, shall be used unless fuel-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate.
A separate calculation shall be made for each regulated entity, and for each fuel.
Reporting of emissions
Each regulated entity shall include the following information in its report:
A.
Data identifying the regulated entity, including:
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name of the regulated entity;
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its address, including postcode and country;
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type of the fuels it releases for consumption and its activities through which it releases the fuels for consumption, including the technology used;
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address, telephone, fax and email details for a contact person; and
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name of the owner of the regulated entity, and of any parent company.
B.
For each type of fuel released for consumption and which is used for combustion in the sectors referred to in Annex III, for which emissions are calculated:
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quantity of fuel released for consumption;
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end use(s) of the fuel released for consumption; and
Member States shall take measures to coordinate reporting requirements with any existing reporting requirements in order to minimise the reporting burden on businesses.
▼B
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ANNEX V CRITERIA FOR VERIFICATION REFERRED TO IN ARTICLE 15
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ANNEX V
CRITERIA FOR VERIFICATION REFERRED TO IN ARTICLE 15
▼M2
PART A — Verification of emissions from stationary installations
▼B
General Principles
1. Emissions from each activity listed in Annex I shall be subject to verification.
2. The verification process shall include consideration of the report pursuant to Article 14(3) and of monitoring during the preceding year. It shall address the reliability, credibility and accuracy of monitoring systems and the reported data and information relating to emissions, in particular:
(a)
the reported activity data and related measurements and calculations;
(b)
the choice and the employment of emission factors;
(c)
the calculations leading to the determination of the overall emissions; and
(d)
if measurement is used, the appropriateness of the choice and the employment of measuring methods.
3. Reported emissions may only be validated if reliable and credible data and information allow the emissions to be determined with a high degree of certainty. A high degree of certainty requires the operator to show that:
(a)
the reported data is free of inconsistencies;
(b)
the collection of the data has been carried out in accordance with the applicable scientific standards; and
(c)
the relevant records of the installation are complete and consistent.
4. The verifier shall be given access to all sites and information in relation to the subject of the verification.
5. The verifier shall take into account whether the installation is registered under the
►M9
Union ◄ eco-management and audit scheme (EMAS).
Methodology
Strategic analysis
6. The verification shall be based on a strategic analysis of all the activities carried out in the installation. This requires the verifier to have an overview of all the activities and their significance for emissions.
Process analysis
7. The verification of the information submitted shall, where appropriate, be carried out on the site of the installation. The verifier shall use spot-checks to determine the reliability of the reported data and information.
Risk analysis
8. The verifier shall submit all the sources of emissions in the installation to an evaluation with regard to the reliability of the data of each source contributing to the overall emissions of the installation.
9. On the basis of this analysis the verifier shall explicitly identify those sources with a high risk of error and other aspects of the monitoring and reporting procedure which are likely to contribute to errors in the determination of the overall emissions. This especially involves the choice of the emission factors and the calculations necessary to determine the level of the emissions from individual sources. Particular attention shall be given to those sources with a high risk of error and the abovementioned aspects of the monitoring procedure.
10. The verifier shall take into consideration any effective risk control methods applied by the operator with a view to minimising the degree of uncertainty.
Report
11. The verifier shall prepare a report on the validation process stating whether the report pursuant to Article 14(3) is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to Article 14(3) is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated.
Minimum competency requirements for the verifier
12. The verifier shall be independent of the operator, carry out his activities in a sound and objective professional manner, and understand:
(a)
the provisions of this Directive, as well as relevant standards and guidance adopted by the Commission pursuant to Article 14(1);
(b)
the legislative, regulatory, and administrative requirements relevant to the activities being verified; and
(c)
the generation of all information related to each source of emissions in the installation, in particular, relating to the collection, measurement, calculation and reporting of data.
▼M2
PART B — Verification of emissions from aviation activities
13. The general principles and methodology set out in this Annex shall apply to the verification of reports of emissions from flights falling within an aviation activity listed in Annex I.
For this purpose:
(a)
in paragraph 3, the reference to operator shall be read as if it were a reference to an aircraft operator, and in point (c) of that paragraph the reference to installation shall be read as if it were a reference to the aircraft used to perform the aviation activities covered by the report;
(b)
in paragraph 5, the reference to installation shall be read as if it were a reference to the aircraft operator;
(c)
in paragraph 6 the reference to activities carried out in the installation shall be read as a reference to aviation activities covered by the report carried out by the aircraft operator;
(d)
in paragraph 7 the reference to the site of the installation shall be read as if it were a reference to the sites used by the aircraft operator to perform the aviation activities covered by the report;
(e)
in paragraphs 8 and 9 the references to sources of emissions in the installation shall be read as if they were a reference to the aircraft for which the aircraft operator is responsible; and
(f)
in paragraphs 10 and 12 the references to operator shall be read as if they were a reference to an aircraft operator.
Additional provisions for the verification of aviation emission reports
14. The verifier shall in particular ascertain that:
(a)
all flights falling within an aviation activity listed in Annex I have been taken into account. In this task the verifier shall be assisted by timetable data and other data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator;
(b)
there is overall consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity.
Additional provisions for the verification of tonne-kilometre data submitted for the purposes of Articles 3e and 3f
15. The general principles and methodology for verifying emissions reports under Article 14(3) as set out in this Annex shall, where applicable, also apply correspondingly to the verification of aviation tonne-kilometre data.
16. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Annex I for which the aircraft operator is responsible have been taken into account in that operator’s application under Articles 3e(1) and 3f(2). In this task the verifier shall be assisted by data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator. In addition, the verifier shall ascertain that the payload reported by the aircraft operator corresponds to records on payloads kept by that operator for safety purposes.
▼M15
PART C
Verification of emissions corresponding to the activity referred to in Annex III
General Principles
1. Emissions corresponding to the activity referred to in Annex III shall be subject to verification.
2. The verification process shall include consideration of the report pursuant to Article 14(3) and of monitoring during the preceding year. It shall address the reliability, credibility and accuracy of monitoring systems and the reported data and information relating to emissions, and in particular:
(a)
the reported fuels released for consumption and related calculations;
(b)
the choice and the employment of emission factors;
(c)
the calculations leading to the determination of the overall emissions.
3. Reported emissions may only be validated if reliable and credible data and information allow the emissions to be determined with a high degree of certainty. A high degree of certainty requires the regulated entity to show that:
(a)
the reported data are free of inconsistencies;
(b)
the collection of the data has been carried out in accordance with the applicable scientific standards; and
(c)
the relevant records of the regulated entity are complete and consistent.
4. The verifier shall be given access to all sites and information in relation to the subject of the verification.
5. The verifier shall take into account whether the regulated entity is registered under the Union eco-management and audit scheme (EMAS).
Methodology
Strategic analysis
6. The verification shall be based on a strategic analysis of all the quantities of fuels released for consumption by the regulated entity. This requires the verifier to have an overview of all the activities through which the regulated entity is releasing the fuels for consumption and their significance for emissions.
Process analysis
7. The verification of the data and information submitted shall, where appropriate, be carried out on the site of the regulated entity. The verifier shall use spot-checks to determine the reliability of the reported data and information.
Risk analysis
8. The verifier shall submit all the means through which the fuels are released for consumption by the regulated entity to an evaluation with regard to the reliability of the data on the overall emissions of the regulated entity.
9. On the basis of this analysis the verifier shall explicitly identify any element with a high risk of error and other aspects of the monitoring and reporting procedure which are likely to contribute to errors in the determination of the overall emissions. This especially involves the calculations necessary to determine the level of the emissions from individual sources. Particular attention shall be given to those elements with a high risk of error and the abovementioned aspects of the monitoring procedure.
10. The verifier shall take into consideration any effective risk control methods applied by the regulated entity with a view to minimising the degree of uncertainty.
Report
11. The verifier shall prepare a report on the validation process stating whether the report pursuant to Article 14(3) is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to Article 14(3) is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated.
Minimum competency requirement for the verifier
12. The verifier shall be independent of the regulated entity, carry out his or her activities in a sound and objective professional manner, and understand:
(a)
the provisions of this Directive, as well as relevant standards and guidance adopted by the Commission pursuant to Article 14(1);
(b)
the legislative, regulatory, and administrative requirements relevant to the activities being verified; and
(c)
the generation of all information related to all the means through which the fuels are released for consumption by the regulated entity, in particular, relating to the collection, measurement, calculation and reporting of data.
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1.1 Riferimenti
1.2 Requisiti identificati
1.3 Standard correlati
2. Requisiti identificati
Requisiti
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Requisito |
3. Standard correlati
Ticket collegati
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