EN Official Journal of the European Union C 387/5

Communication from the Commission amending the Communication from the Commission Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012

(Text with EEA relevance)

2012/C 387/06

In the definition of the ‘fall-back electricity consumption efficiency benchmark’ (Annex I of the Guidelines), 80 % will be added. It will read as follows:

‘— “fall back electricity consumption efficiency benchmark”, 80 % of baseline electricity consumption. It corresponds to the average reduction effort imposed by the application of the electricity consumption efficiency benchmarks (benchmark electricity consumption/ex ante electricity consumption). It is applied for all products and processes which fall within eligible sectors or subsectors, but which are not covered by the electricity consumption efficiency benchmarks set in Annex III.’

Annex III of the Communication ‘Electricity consumption efficiency benchmarks for products covered by the NACE codes in Annex II’ will be replaced by the following:

‘ANNEX III Electricity consumption efficiency benchmarks for products covered by the NACE codes in Annex II NACE4 Product benchmark (1) Benchmark value Benchmark unit Unit of production (2) Product definition (2) Processes covered by product BM (2) Relevant prodcom-code (Rev 1.1) Description 2742 Primary aluminium 14,256 MWh/t product (AC consumption) Tonne of unwrought non-alloy liquid aluminium Unwrought non-alloy liquid aluminium from electrolysis Unwrought non-alloy liquid aluminium from electrolysis, including pollution control units, auxiliary processes and the cast house. In addition to the definitions of the product in Commission Decision 2011/278/EU the anode plant (pre-bake anodes) is included. In case anodes are provided from a stand-alone plant in Europe, this plant should not be compensated as already comprised in the BM. In case anodes are produced outside Europe, a correction may be applied. 27421130 Unwrought non-alloy aluminium (excluding powders and flakes) 27421153 Unwrought aluminium alloys in primary form (excluding aluminium powders and flakes) 2742 Alumina (refining) 0,225 MWh/t product Tonne of alumina All processes directly or indirectly linked to the production of alumina 27421200 Aluminium oxide (excluding artificial corundum) 2710 Basic oxygen steel 0,036 MWh/t product Tonne of crude (cast) steel Secondary metallurgy, refractories preheating, auxiliaries (in particular dedusting) and casting installations up to cut-off of crude steel products 2710T122 Non-alloy steel produced by other processes than in electric furnaces 2710T132 Alloy steel other than stainless steel produced by other processes than in electric furnaces 2710T142 Stainless and heat resisting steel produced by other processes than in electric furnaces 2710 EAF carbon steel 0,283 tCO2/t product Tonne of crude secondary steel ex-caster. Steel containing less than 8 % metallic alloying elements and tramp elements to such levels limiting the use to those applications where no high surface quality and processability is required. All processes directly or indirectly linked to the process units: — electric arc furnace — secondary metallurgy — casting and cutting — post-combustion unit — dedusting unit — vessels heating stands — casting ingots preheating stands — scrap drying and — scrap preheating are included. 2710T121 Crude steel: non-alloy steel produced in electric furnaces (Based on 10 % best average) 2710T131 Crude steel: alloy steel other than stainless steel produced in electric furnaces 2710T141 Crude steel: stainless and heat resisting steel produced in electric furnaces 2710 EAF high alloy steel 0,352 tCO2/t product Tonne of high alloy crude steel Steel containing 8 % or more metallic alloying elements or where high surface quality and processability is required All processes directly or indirectly linked to the process units: — electric arc furnace — secondary metallurgy — casting and cutting — post-combustion unit — dedusting unit — vessels heating stands — casting ingots preheating stands — slow cooling pit — scrap drying and — scrap preheating are included. The process units FeCr converter and cryogenic storage of industrial gases are not included. 2710T121 Crude steel: non-alloy steel produced in electric furnaces (Based on 10 % best average) 2710T131 Crude steel: alloy steel other than stainless steel produced in electric furnaces 2710T141 Crude steel: stainless and heat resisting steel produced in electric furnaces 2710 FeSi 8,540 MWh/t product Tonne of final FeSi-75 FeSi-75 All processes directly linked to operation of the furnaces. Auxiliaries are not included. 27102020/24101230 Ferro-silicon-75 % Si content 2710 FeMn HC 2,760 MWh/t product Tonne of final High Carbon FeMn High Carbon FeMn All processes directly linked to the furnaces. Auxiliary processes are not included. 27102010 Ferro-manganese (in accordance with BREF) 2710 SiMn 3,850 MWh/t product Tonne of final SiMn Silico-manganese of different carbon content, including SiMn, Low Carbon SiMn, Very Low Carbon SiMn All processes directly linked to the operation of the furnaces. Auxiliary processes are not included. 27102030 Silico-manganese excluding FeSiMn 2413 Cl2 2,461 MWh/t product Tonne of chlorine Chlorine All processes directly or indirectly linked to the electrolysis unit, including auxiliaries like motors 24131111 Chlorine 2413 Si metal 11,870 MWh/t product Tonne of Si metal Silicon with a grade 90-99,99 % All processes directly linked to the furnaces. Auxiliary processes are not included. 24131155 Silicon containing by weight < 99,99 % of silicon 2413 Hyperpure polysilicon 60,000 MWh/t product Tonne of hyperpure Si metal Silicon with a grade > 99,99 % All processes directly or indirectly linked to the furnace, including auxiliaries 24131153 Silicon containing by weight ≥ 99,99 % of silicon 2413 SiC 6,200 MWh/t product Tonne of 100 % SiC Silicon carbide with 100 % purity All processes directly or indirectly linked to the furnace, including auxiliaries 24135450 Carbides whether or not chemically defined 2414 High value Chemicals 0,702 tCO2/t product Tonne of high value chemical (HVC) (tonne of acetylene, ethylene, propylene, butadiene, benzene and hydrogen) Mix of high value chemicals (HVC) expressed as total mass of acetylene, ethylene, propylene, butadiene, benzene and hydrogen excluding HVC from supplemental feed (hydrogen, ethylene, other HVC) with an ethylene content in the total product mix of at least 30 mass-percent and a content of HVC, fuel gas, butenes and liquid hydrocarbons of together at least 50 mass-percent of the total product mix. All processes directly or indirectly linked to the production of high value chemicals as purified product or intermediate product with concentrated content of the respective HVC in the lowest tradable form (raw C4, unhydrogenated pygas) are included except C4 extraction (butadiene plant), C4-hydrogenation, hydrotreating of pyrolysis gasoline and aromatics extraction and logistics/storage for daily operation. Several prodcom-codes under NACE 2414 24141120 Saturated acyclic hydrocarbons 24141130 Unsaturated acyclic hydrocarbons: ethylene 24141140 Unsaturated acyclic hydrocarbons; propene (propylene) 24141150 Unsaturated acyclic hydrocarbons; butene (butylene) and isomers thereof 24141160 Unsaturated acyclic hydrocarbons; buta-1.3-diene and isoprene 24141190 Unsaturated acyclic hydrocarbons (excluding ethylene, propene-butene, buta-1.3-diene and isoprene) 24/20141223 Benzene 2414 Aromatics 0,030 tCO2/t product CO2 weighted tonne Mix of aromatics expressed as CO2 weighted tonne (CWT) All processes directly or indirectly linked to aromatics sub-units: — pygas hydrotreater — benzene/toluene/xylene (BTX) extraction — TDP — HDA — xylene isomerisation — p-xylene units — cumene production and — cyclo-hexane production are included. Several prodcom-codes under NACE 2414. See guidance document 9 for the direct emissions for the full list. 2414 Black carbon 1,954 tCO2/t product Tonne of furnace carbon black (saleable unit, > 96 %) Furnace carbon black. Gas and lampblack products are not covered by this benchmark. All processes directly or indirectly linked to the production of furnace carbon black as well as finishing, packaging and flaring are included. 24131130 Carbon (carbon blacks and other forms of carbon, n.e.c.) 2414 Styrene 0,527 tCO2/t product Tonne of styrene (saleable product) Styrene monomer (vinyl benzene, CAS number: 100-42-5) All processes directly or indirectly linked to the production of: — styrene as well as — the intermediate product ethylbenzene (with the amount used as feed for the styrene production) are included. 24141250 Styrene 2414 Ethylene oxide/ethylene glycols EO/EG 0,512 tCO2/t product Tonne of EO-equivalents (EOE), defined as the amount of EO (in mass) that is embedded in one mass unit of any of the specific glycols. The ethylene oxide/ethylene glycol benchmark covers the products: — ethylene oxide (EO, high purity) — monoethylene glycol (MEG, standard grade + fiber grade (high purity)) — diethylene glycol (DEG) — triethylene glycol (TEG) The total amount of products is expressed in terms of EO-equivalents (EOE), which are defined as the amount of EO (in mass) that is embedded in one mass unit of the specific glycol. All processes directly or indirectly linked to the process units EO production, EO purification and glycol section are included. 24146373 Oxirane (ethylene oxide) 24142310 Ethylene glycol (ethanediol) 24146333 2,2-Oxydiethanol (diethylene glycol; digol) 2743 Zinc electrolysis 4,000 MWh/t product Tonne of zinc Primary zinc All processed directly or indirectly linked to the zinc elctrolysis unit including auxiliaries 27431230 Unwrought non-alloy zinc (excluding zinc dust, powders and flakes) 2743125 Unwrought zinc alloys (excluding zinc dust, powders and flakes) 2415 Ammonia 1,619 tCO2/t product Tonne of ammonia produced as saleable (net) production and 100 % purity. Ammonia (NH3), to be recorded in tons produced All processes directly or indirectly linked to the production of the ammonia and the intermediate product hydrogen are included. 24151075 Anhydrous ammonia Products for which inter-exchangeability of electricity and fuels was established in Annex 1(2) of Decision 2011/278/EU (3) Decision 2011/278/EU in Annex I established that in respect of some production processes there is substitutability between fuel and electricity. For those products, it is not appropriate to set a benchmark on the basis of MWh/t of product. Instead, starting points are the specific greenhouse gases emission curves derived for the direct emissions. For those processes, the product benchmarks were determined on the basis of the sum of direct emissions (from energy and process emissions), as well as indirect emissions arising from the use of the inter-exchangeable part of the electricity. In these cases, the factor ‘E’ in the formula for the calculation of the maximum aid amount as referred to in paragraph 27(a) of the Guidelines is to be replaced by the following term that converts a product benchmark as per Decision 2011/278/EU into an electricity consumption efficiency benchmark on the basis of an average European emission intensity factor of 0,465 tCO2/MWh: Existing product BM from Annex I from Decision 2011/278/EU (in tCO2/t) × share of relevant indirect emissions (4) overthe baseline period (%)/0,465 (tCO2/MWh).

(1) For products shaded in light grey, interchangeability between electricity and fuels was established and the benchmark is provided in terms of tCO2.

(2) Production units, definitions and processes covered, which are shaded in dark grey, are based on 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.

(3) Commission Decision of 27 April 2011 on determining transitional Union-wide rules for harmonised free allocation pursuant to Article 10a of Directive 2003/87/EC, C(2011) 2772 final (OJ L 130, 17.5.2011, p. 1).

(4) “Share of relevant indirect emissions over the baseline period” means the quotient of

— the relevant indirect emissions and

— the sum of total direct emissions and relevant indirect emissions

as per Article 14 of Decision 2011/278/EU.’