# Commission Decision of 18 December 2013 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors            which are deemed to be exposed to a significant risk of carbon leakage (notified under document C(2013) 9186) (Text with EEA            relevance) (2014/9/EU)         

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U.K.

# Commission Decision

# of 18 December 2013

# amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant                        risk of carbon leakage                     

# (notified under document C(2013) 9186)

# (Text with EEA relevance)

# (2014/9/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty of 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(1) and (13) thereof,                        

Whereas:

(1)Commission Decision 2010/2/EU(2) determines, pursuant to Directive 2003/87/EC, a list of sectors and subsectors which are deemed to be exposed to a significant                              risk of carbon leakage.

(2)Commission Decision 2011/278/EU(3) determines transitional Union-wide rules for the harmonised free allocation of emission allowances pursuant to Article 10a                              of Directive 2003/87/EC.

(3)Every year a sector or subsector may be added to the list of sectors and subsectors which are deemed to be exposed to a significant                              risk of carbon leakage when it has been demonstrated, in an analytical report, that the sector or subsector satisfies the                              criteria set out in paragraphs 14 to 17 of Article 10a of Directive 2003/87/EC, following a change that has a substantial                              impact on the sector’s or subsector’s activities.

(4)Some sectors not found to be exposed to a significant risk of carbon leakage at the NACE 4-level in Decision 2010/2/EU were                              disaggregated and a number of corresponding subsectors, for which certain specific distinguishing characteristics led to a                              significantly different impact from the rest of the sector, were assessed.

(5)For the subsectors ‘Dried potatoes in the form of flour, meal, flakes, granules and pellets’, ‘Frozen potatoes, prepared or                              preserved (including potatoes cooked or partly cooked in oil and then frozen; excluding by vinegar or acetic acid)’, as well                              as ‘Whey and modified whey in powder, granules or other solid forms, whether or not concentrated or containing added sweetening                              matter’, this assessment has shown that they can be clearly distinguished from other subsectors on the basis of specific characteristics                              and that they satisfy the quantitative criteria set out in Article 10a(15) of Directive 2003/87/EC. Those subsectors should                              therefore be added to the list of sectors or subsectors deemed to be exposed to a significant risk of carbon leakage.

(6)For the subsector ‘Open die forged ferrous parts for transmission shafts, camshafts, crankshafts and cranks’ this assessment                              has also shown that it can be clearly distinguished from other subsectors on the basis of specific characteristics and that                              it satisfies the quantitative criterion set out in point (b) of Article 10a(16) of Directive 2003/87/EC. That subsector should                              therefore be added to the list of sectors or subsectors deemed to be exposed to a significant risk of carbon leakage.

(7)The sectors ‘Manufacture of plaster’ and ‘Manufacture of plaster products for construction purposes’ (NACE codes 2653 and                              2662, respectively) have been reassessed in 2012. That qualitative assessment demonstrated challenging market characteristics,                              such as growing trade, in particular an increasing trend in imports from low-cost manufacturing countries, increased international                              competitive pressure, and only modest profit margins for the years evaluated, which limit the capacity of installations to                              invest and reduce emissions. Based on the combined impact of those factors, those sectors should be deemed to be exposed to                              a significant risk of carbon leakage and added to the list of sectors and subsectors deemed to be exposed to a significant                              risk of carbon leakage.

(8)Decisions 2010/2/EU and 2011/278/EU should therefore be amended accordingly.

(9)The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS DECISION:

## Article 1U.K.Amendments to Decision 2010/2/EU

The Annex to Decision 2010/2/EU is amended in accordance with Annex I to this Decision.

## Article 2U.K.Amendments to Decision 2011/278/EU

Annex I to Decision 2011/278/EU is amended in accordance with Annex II to this Decision.

## Article 3U.K.Addressees

This Decision is addressed to the Member States.

Done at Brussels, 18 December 2013.

*For the Commission*                            

Connie Hedegaard                            

*Member of the Commission*                            

## ANNEX IU.K.

The Annex to Decision 2010/2/EU is amended as follows:

Section 2 is amended as follows:

the following entries are inserted before entry 15331427:

the following entry is inserted after entry 155154:

the following entry is added after entry 26821620:

in Section 3, the following entries are inserted after entry 2640:

## ANNEX IIU.K.

In Annex I to Decision 2011/278/EU, the entries corresponding to product benchmarks ‘Plaster’, ‘Dried secondary gypsum’ and                     ‘Plasterboard’ are replaced by the following:                  

1

OJ L 275, 25.10.2003, p. 32.                           

2

OJ L 1, 5.1.2010, p. 10.                           

3

OJ L 130, 17.5.2011, p. 1.