# 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)         

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U.K.

# 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.

(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.

(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,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

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 2U.K.

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                            

## ANNEXU.K.

1

OJ L 275, 25.10.2003, p. 32.                           

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).