# C_2016296EN.01001402.xml

| 16.8.2016 | EN | Official Journal of the European Union | C 296/14 |
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16.8.2016

EN

Official Journal of the European Union

C 296/14

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Judgment of the Court (Sixth Chamber) of 9 June 2016 (request for a preliminary ruling from the Raad van State — Netherlands) — Elektriciteits Produktiemaatschappij Zuid-Nederland EPZ NV v Bestuur van de Nederlandse Emissieautoriteit

(Case C-158/15) (1)

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((Reference for a preliminary ruling - Atmospheric pollution - Scheme for greenhouse gas emission allowance trading - Directive 2003/87/EC - Concept of ‘installation’ - Inclusion of the fuel storage site - Regulation (EU) No 601/2012 - Concept of ‘fuel exported from the installation’))

(2016/C 296/19)

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicant: Elektriciteits Produktiemaatschappij Zuid-Nederland EPZ NV

Applicant:

Defendant: Bestuur van de Nederlandse Emissieautoriteit

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | A fuel storage site of a coal-fired power plant such as that at issue in the main proceedings and as described by the referring court is part of an ‘installation’ within the meaning of Article 3(e) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96/61/EC, as amended by Decision No 1359/2013/EU of the European Parliament and of the Council of 17 December 2013. |
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1.

A fuel storage site of a coal-fired power plant such as that at issue in the main proceedings and as described by the referring court is part of an ‘installation’ within the meaning of Article 3(e) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96/61/EC, as amended by Decision No 1359/2013/EU of the European Parliament and of the Council of 17 December 2013.

| 2. | The first subparagraph of Article 27(2) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87, as amended by Commission Regulation (EU) No 206/2014 of 4 March 2014, must be interpreted as meaning that coal lost as a result of the process by which it naturally self-heats while in storage on a site that is part of an installation within the meaning of Article 3(e) of Directive 2003/87 cannot be regarded as coal exported from that installation. |
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2.

The first subparagraph of Article 27(2) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87, as amended by Commission Regulation (EU) No 206/2014 of 4 March 2014, must be interpreted as meaning that coal lost as a result of the process by which it naturally self-heats while in storage on a site that is part of an installation within the meaning of Article 3(e) of Directive 2003/87 cannot be regarded as coal exported from that installation.

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(1)  OJ C 205, 22.6.2015.

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