# L_2013240EN.01002301.xml

| 7.9.2013 | EN | Official Journal of the European Union | L 240/23 |
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7.9.2013

EN

Official Journal of the European Union

L 240/23

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COMMISSION DECISION

of 5 September 2013

on the standard capacity utilisation factor pursuant to Article 18(2) of Decision 2011/278/EU

(Text with EEA relevance)

(2013/447/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 Council Directive 96/61/EC (1), and in particular Article 10a thereof,

Whereas:

| (1) | In order to enable Member States to determine in accordance with Article 18(1) and (3) of Commission Decision 2011/278/EU (2) the activity levels of new entrant installations pursuant to Article 3(h) of Directive 2003/87/EC, the Commission has to determine and publish standard capacity utilisation factors. |
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(1)

In order to enable Member States to determine in accordance with Article 18(1) and (3) of Commission Decision 2011/278/EU (2) the activity levels of new entrant installations pursuant to Article 3(h) of Directive 2003/87/EC, the Commission has to determine and publish standard capacity utilisation factors.

| (2) | For the purpose of calculating the number of free emission allowances to be allocated to new entrant installations eligible for such allocation in the period 2013-20, Member States have to determine the activity levels of these installations. In this context, the standard capacity utilisation factor is necessary to determine the product-related activity level for products for which a product benchmark has been determined in Annex I to Decision 2011/278/EU. For new entrant installations, with the exception of new entrants due to a significant extension, this activity level is determined by multiplying the initial installed capacity for the production of this product in accordance with Article 17(4) of Decision 2011/278/EU with the standard capacity utilisation factor. For installations which had a significant capacity extension or reduction, Member States are to use the standard capacity utilisation factor to determine the product-related activity level of the added or reduced capacity of the subinstallation concerned. |
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(2)

For the purpose of calculating the number of free emission allowances to be allocated to new entrant installations eligible for such allocation in the period 2013-20, Member States have to determine the activity levels of these installations. In this context, the standard capacity utilisation factor is necessary to determine the product-related activity level for products for which a product benchmark has been determined in Annex I to Decision 2011/278/EU. For new entrant installations, with the exception of new entrants due to a significant extension, this activity level is determined by multiplying the initial installed capacity for the production of this product in accordance with Article 17(4) of Decision 2011/278/EU with the standard capacity utilisation factor. For installations which had a significant capacity extension or reduction, Member States are to use the standard capacity utilisation factor to determine the product-related activity level of the added or reduced capacity of the subinstallation concerned.

| (3) | The standard capacity utilisation factor should be the 80-percentile of the average annual capacity utilisation of all installations producing the product concerned. As part of the overall baseline data collection for incumbent installations carried out for the establishment of the National Implementation Measures (NIMs), Member States collected data on the average annual production of the product concerned in the period 2005-08. By dividing these production figures by the initial installed capacity as referred to in Article 7(3) of Decision 2011/278/EU, Member States then determined, on this basis, the capacity utilisation factors of the relevant installations on their territory. Member States then shared this information with the Commission as part of the NIMs. |
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(3)

The standard capacity utilisation factor should be the 80-percentile of the average annual capacity utilisation of all installations producing the product concerned. As part of the overall baseline data collection for incumbent installations carried out for the establishment of the National Implementation Measures (NIMs), Member States collected data on the average annual production of the product concerned in the period 2005-08. By dividing these production figures by the initial installed capacity as referred to in Article 7(3) of Decision 2011/278/EU, Member States then determined, on this basis, the capacity utilisation factors of the relevant installations on their territory. Member States then shared this information with the Commission as part of the NIMs.

| (4) | Upon receipt of the NIMs from all Member States and taking into account the NIMs of the EEA-EFTA countries, the Commission determined the 80-percentile of the average annual capacity utilisation factors of installations producing a product for which a benchmark exists, taking into account the need to ensure neutral conditions of competition for industrial activities carried out in installations operated by a single operator and production in outsourced installations. The calculation is based on information available to the Commission up until 31 December 2012. |
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(4)

Upon receipt of the NIMs from all Member States and taking into account the NIMs of the EEA-EFTA countries, the Commission determined the 80-percentile of the average annual capacity utilisation factors of installations producing a product for which a benchmark exists, taking into account the need to ensure neutral conditions of competition for industrial activities carried out in installations operated by a single operator and production in outsourced installations. The calculation is based on information available to the Commission up until 31 December 2012.

| (5) | The standard capacity utilisation factors per product benchmark are set out in the Annex to this Decision. These factors apply for the years 2013 to 2020, |
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(5)

The standard capacity utilisation factors per product benchmark are set out in the Annex to this Decision. These factors apply for the years 2013 to 2020,

HAS ADOPTED THIS DECISION:

Article 1

The standard capacity utilisation factors listed in the Annex shall be used by Member States to determine the product-related activity level of installations referred to in Article 3(h) of Directive 2003/87/EC in accordance with Article 18 of Decision 2011/278/EU.

Article 2

This Decision shall enter into force on the first day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 5 September 2013.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 275, 25.10.2003, p. 32.

1

(2)  Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 130, 17.5.2011, p. 1).

2

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ANNEX

| Product benchmark listed in Annex I to Decision 2011/278/EU | Standard capacity utilisation factor (SCUF) |
| --- | --- |
| Coke | 0,960 |
| Sintered ore | 0,886 |
| Hot metal | 0,894 |
| Pre-bake anode | 0,928 |
| Aluminium | 0,964 |
| Grey cement clinker | 0,831 |
| White cement clinker | 0,787 |
| Lime | 0,813 |
| Dolime | 0,748 |
| Sintered dolime | 0,784 |
| Float glass | 0,946 |
| Bottles and jars of colourless glass | 0,883 |
| Bottles and jars of coloured glass | 0,912 |
| Continuous filament glass fibre products | 0,892 |
| Facing bricks | 0,809 |
| Pavers | 0,731 |
| Roof tiles | 0,836 |
| Spray dried powder | 0,802 |
| Plaster | 0,801 |
| Dried secondary gypsum | 0,812 |
| Short fibre kraft pulp | 0,808 |
| Long fibre kraft pulp | 0,823 |
| Sulphite pulp, thermo-mechanical and mechanical pulp | 0,862 |
| Recovered paper pulp | 0,887 |
| Newsprint | 0,919 |
| Uncoated fine paper | 0,872 |
| Coated fine paper | 0,883 |
| Tissue | 0,900 |
| Testliner and fluting | 0,889 |
| Uncoated carton board | 0,863 |
| Coated carton board | 0,868 |
| Nitric acid | 0,876 |
| Adipic acid | 0,849 |
| Vinyl chloride monomer (VCM) | 0,842 |
| Phenol/acetone | 0,870 |
| S-PVC | 0,873 |
| E-PVC | 0,834 |
| Soda ash | 0,926 |
| Refinery products | 0,902 |
| EAF carbon steel | 0,798 |
| EAF high alloy steel | 0,802 |
| Iron casting | 0,772 |
| Mineral wool | 0,851 |
| Plasterboard | 0,843 |
| Carbon black | 0,865 |
| Ammonia | 0,888 |
| Steam cracking | 0,872 |
| Aromatics | 0,902 |
| Styrene | 0,879 |
| Hydrogen | 0,902 |
| Synthesis gas | 0,902 |
| Ethylene oxide/ethylene glycols | 0,840 |

Product benchmark listed in Annex I to Decision 2011/278/EU

Standard capacity utilisation factor (SCUF)

Coke

0,960

Sintered ore

0,886

Hot metal

0,894

Pre-bake anode

0,928

Aluminium

0,964

Grey cement clinker

0,831

White cement clinker

0,787

Lime

0,813

Dolime

0,748

Sintered dolime

0,784

Float glass

0,946

Bottles and jars of colourless glass

0,883

Bottles and jars of coloured glass

0,912

Continuous filament glass fibre products

0,892

Facing bricks

0,809

Pavers

0,731

Roof tiles

0,836

Spray dried powder

0,802

Plaster

0,801

Dried secondary gypsum

0,812

Short fibre kraft pulp

0,808

Long fibre kraft pulp

0,823

Sulphite pulp, thermo-mechanical and mechanical pulp

0,862

Recovered paper pulp

0,887

Newsprint

0,919

Uncoated fine paper

0,872

Coated fine paper

0,883

Tissue

0,900

Testliner and fluting

0,889

Uncoated carton board

0,863

Coated carton board

0,868

Nitric acid

0,876

Adipic acid

0,849

Vinyl chloride monomer (VCM)

0,842

Phenol/acetone

0,870

S-PVC

0,873

E-PVC

0,834

Soda ash

0,926

Refinery products

0,902

EAF carbon steel

0,798

EAF high alloy steel

0,802

Iron casting

0,772

Mineral wool

0,851

Plasterboard

0,843

Carbon black

0,865

Ammonia

0,888

Steam cracking

0,872

Aromatics

0,902

Styrene

0,879

Hydrogen

0,902

Synthesis gas

0,902

Ethylene oxide/ethylene glycols

0,840

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