Commission Implementing Decision (EU) 2022/1028 of 27 June 2022 amending Decision (EU) 2021/355 as regards certain installations in Denmark, France and Sweden and included in the list of installations covered by the emissions trading system of the Union laid down in Directive 2003/87/EC (notified under document C(2022) 4289) (Text with EEA relevance)
Date: 2022-06-27
Institutions: Directorate-General for Climate Action, European Commission
Subjects: Denmark, EU Emissions Trading Scheme, EU emission allowance, France, Sweden, biomass, greenhouse gas, industrial pollution, polymer, reduction of gas emissions, tradeable emission permit




L_2022172EN.01002101.xml










29.6.2022   


EN


Official Journal of the European Union


L 172/21








            COMMISSION IMPLEMENTING DECISION (EU) 2022/1028
of 27 June 2022
         
amending Decision (EU) 2021/355 as regards certain installations in Denmark, France and Sweden and included in the list of installations covered by the emissions trading system of the Union laid down in Directive 2003/87/EC


(notified under document C(2022) 4289)


(Text with EEA relevance)


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 system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (1), and in particular Article 11 thereof,

Whereas:







(1)


Further to the submission by Member States of their National Implementation Measures (NIMs), the Commission adopted Decision (EU) 2021/355 (2) on national implementation measures for the transitional free allocation of greenhouse gas emission allowances. That Decision rejects the inscription of certain installations and their corresponding data on the lists of installations covered by Directive 2003/87/EC, thus excluding them from the scope of the emissions trading system of the Union (EU ETS).












(2)


Installations exclusively using biomass were excluded from the EU ETS, in line with paragraph 1 of Annex I to Directive 2003/87/EC. That provision was introduced in the ETS Directive by Directive 2009/29/EC of the European Parliament and of the Council (3), and since its application on 1 January 2013, it determined a new scope for the EU ETS. Therefore, the inscription of the installations that used biomass exclusively for all the years of the baseline period is to be rejected despite being listed in accordance with Article 11(1) of Directive 2003/87/EC.












(3)


The Commission was informed that Sweden had erroneously included in its NIMs the installation SE-207651. That installation uses biomass exclusively and for that reason should have been excluded from the scope of the EU ETS.












(4)


Following a query from the Commission, Denmark confirmed that installations DK-65, DK-66 and DK-135 had no fossil emissions during the baseline period 2014 – 2018. Those installations use biomass exclusively and should also have been excluded from the scope of the EU ETS.












(5)


It is therefore appropriate to reject the inscription of the installations DK-65, DK-66, DK-135 and SE-207651 on the lists of installations covered by Directive 2003/87/EC for all the years of the baseline period including when they were listed in accordance with Article 11(1) of Directive 2003/87/EC.












(6)


Following a request for clarification from the Commission, France informed the Commission that two installations, FR-206164 and FR-206032, only produce polymers. Both installations have zero direct CO2 emissions because they import the heat needed for the production from another EU ETS installation. In the judgment in Case C-577/16 (4), the Court of Justice held that an installation for the production of polymers which obtains the heat needed for that production from a third-party installation does not fall within the scope of the EU ETS, since it does not generate direct CO2 emissions. The inscription of those installations on the lists of installations covered by Directive 2003/87/EC should therefore be rejected.












(7)


Decision (EU) 2021/355 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Commission Decision (EU) 2021/355 is amended as follows:






(1)


in Article 1, the following paragraph 6 is added:

‘6.   The inscription of the installations listed in Annex IV to this Decision included on the lists of installations covered by Directive 2003/87/EC and the corresponding free allocation data to those installations, submitted to the Commission pursuant to Article 11(1) of that Directive, are rejected.’;











(2)


Annex I is replaced by the text in Annex I to this Decision;










(3)


The text set out in Annex II to this Decision is added as Annex IV.






Article 2
This Decision is addressed to the Member States.




Done at Brussels, 27 June 2022.


For the Commission

Frans TIMMERMANS
            

Executive Vice-President






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

(2)  Commission Decision (EU) 2021/355 of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 68, 26.2.2021, p. 221).

(3)  Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63).

(4)  Judgment of the Court of Justice of 28 February 2018, Trinseo Deutschland Anlagengesellschaft mbH v Bundesrepublik Deutschland, C-577/16, ECLI:EU:C:2018:127.




ANNEX I



‘ANNEX I
Installations using exclusively biomass
Installations identifier in the national implementation measures lists








DK000000000000065


DK000000000000066


DK000000000000135


 




FI000000000000645


FI000000000207696


 


 




SE000000000000031
SE000000000000086
SE000000000000169
SE000000000000211
SE000000000000320
SE000000000000523
SE000000000000583
SE000000000000686
SE000000000000789
SE000000000000845
SE000000000205887
SE000000000209930
SE000000000000779


SE000000000000064
SE000000000000088
SE000000000000186
SE000000000000249
SE000000000000324
SE000000000000543
SE000000000000629
SE000000000000687
SE000000000000798
SE000000000000847
SE000000000206192
SE000000000211058
SE000000000207651


SE000000000000073
SE000000000000099
SE000000000000199
SE000000000000261
SE000000000000382
SE000000000000547
SE000000000000659
SE000000000000705
SE000000000000830
SE000000000202297
SE000000000208282
SE000000000000153


SE000000000000074
SE000000000000102
SE000000000000205
SE000000000000319
SE000000000000468
SE000000000000565
SE000000000000681
SE000000000000785
SE000000000000838
SE000000000205800
SE000000000209062
SE000000000000231






            ’
         





ANNEX II



‘ANNEX IV
Installations producing polymers and importing heat, with zero direct CO2 emissions
Installations identifier in the national implementation measures list





FR000000000206164




FR000000000206032






            ’