REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) 525/2013
Date: 2022-09-16
Institutions: Directorate-General for Climate Action, European Commission
Subjects: EU Member State, EU environmental policy, European Commission, Paris Agreement on Climate Change, adaptation to climate change, delegated legislation, greenhouse gas, powers of the institutions (EU), reduction of gas emissions, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 16.9.2022  COM(2022) 467 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) 525/2013  
 
 
1. Introduction  

Regulation  (EU)  2018/842  of  the  European  Parliament  and  of  the  Council1  (“the  Effort 
Sharing Regulation”) establishes the targets for the Union and the Member States as regards 
the reduction by 2030 of greenhouse gas emissions neither covered by the Union’s Emissions 
Trading System2, nor by the Regulation on greenhouse gas emissions and removals from land 
use, land use change and forestry3. 

Articles 7(2) and 12(1)  of the Effort Sharing Regulation  empower the Commission to adopt 
delegated acts with a view to, respectively, amend the title of Annex III to the Effort Sharing 
Regulation, and ensure the accurate accounting under the Effort Sharing Regulation through 
the Union Registry established under Directive 2003/87/EC of the European Parliament and 
the Council4 on the Union’s Emissions Trading System. 

According to Article 13(2) of the Effort Sharing Regulation, the power to adopt delegated acts 
is  conferred on the Commission for a period of five  years from  9 July 2018, that is,  until 9 
July  2023.  The  delegation  of  power  is  tacitly  extended  for  periods  of  an  identical  duration, 
unless the European Parliament or the Council opposes such extension. 

With this report, the Commission aims to meet the obligation set by Article 13(2) of the Effort 
Sharing Regulation, according to which the Commission is to draw up a report in respect of 
the delegation of power not later than nine months before the end of the five-year period.  

2. Exercise of the delegation  

Since the entry into force of the Effort Sharing Regulation, the Commission has adopted one 
delegated  act,  namely  Commission  Delegated  Regulation  (EU)  2019/11245  amending 
Commission Delegated Regulation (EU) 2019/1122 on the functioning of the Union Registry 
(“the Union Registry Regulation”) established under Directive 2003/87/EC. 

1 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual 
greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet 
commitments under the Paris Agreement and amending Regulation (EU) 525/2013 (OJ L 156, 19.6.2018, p. 26). 
2 The EU Emission Trading System (ETS) was established by 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 (OJ L 275 25.10.2003, p. 32). 
3 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of 
greenhouse  gas  emissions  and  removals  from  land  use,  land  use  change  and  forestry  in  the  2030  climate  and 
energy  framework,  and  amending  Regulation  (EU)  No  525/2013  and  Decision  529/2013/EU  (OJ  L  156, 
19.6.2018, p. 1). 
4 Directive 2003/87/EC of the European Parliament and 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 (OJ 
L 275, 25.10.2003, p. 32). 
5 Commission Delegated Regulation (EU) 2019/1124 of 13 March 2019 amending  Delegated Regulation (EU) 
2019/1122 as regards the functioning of  the  Union  Registry under  Regulation (EU) 2018/842 of the European 
Parliament and of the Council, (OJ L 177, 2.7.2019, p. 66). 

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The Commission Delegated Regulation (EU) 2019/1124 was adopted on 13 March 2019 and 
was  submitted  to  the  European  Parliament  and  the  Council  for  scrutiny.  The  European 
Parliament and the Council did  not  raise any objection to  the adoption of the delegated act. 
The  main  objective  of  Commission  Delegated  Regulation  (EU)  2019/1124  is  to  add  to  the 
Union Registry Regulation provisions that ensure the accurate accounting of the transactions 
under  the  Effort  Sharing  Regulation,  including,  in  particular,  the  use  of  the  flexibilities 
provided for in Article 5 of the Effort Sharing Regulation (borrowing, banking and transfer of 
annual emission allocations). 

As  mentioned  above,  Article  7(2)  of  the  Effort  Sharing  Regulation  also  empowers  the 
Commission to adopt a delegated act in order to amend the title of its Annex III. On 14 July 
2021,  the  Commission  adopted  a  proposal  for  a  regulation  amending  the  Effort  Sharing 
Regulation6. The proposal includes an amendment to title of Annex III. Once the proposal is 
adopted  by  the  co-legislators,  the  purpose  of  the  empowerment  will  be  fulfilled,  making  it 
unnecessary to adopt a delegated act. 

4. Conclusion 

The  Commission  adopted  one  delegated  act  under  the  Effort  Sharing  Regulation,  namely  
Commission Delegated Regulation (EU)  2019/1124 of 13 March 2019 amending Delegated 
Regulation  (EU)  2019/1122  as  regards  the  functioning  of  the  Union  Registry  under 
Regulation  (EU)  2018/842  of  the  European  Parliament  and  of  the  Council.  The  European 
Parliament and the Council did not raise any objection. 

The Commission invites the European Parliament and the Council to take note of this report. 

6 COM(2021) 555 final. 

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