26.4.2023
EN
Official Journal of the European Union
L 111/5
Member States are already required to report the summary information on concluded transfers in accordance with Commission Implementing Regulation (EU) 2020/1208 (13).
After compilation by the Commission, a summary of the information provided is made available within three months of receipt of the reports from Member States, in electronic form, providing the range of prices paid per annual emission allocations transaction.
In addition, within the two periods between the publication of the implementing acts referred to in Article 38(4) of Regulation (EU) 2018/1999 and the start of the compliance check procedure, the Member States can report to the Commission on the 15th of each month on concluded transfers.
Moreover, in order to facilitate the exchange of information on intended transfers, Member States are invited to continually update the relevant information.
A summary of the information received is compiled by the Commission and made available in a timely manner in electronic form.
To improve transparency, before any effective transfer, Member States should inform the Climate Change Committee established by Regulation (EU) 2018/1999 of their intention to proceed with a transfer of part of their annual emission allocation for a given year.
It is therefore appropriate to amend Regulation (EU) 2018/1999.
(19)
For certain Member States, it is possible to have a limited cancellation of EU ETS emission allowances taken into account for the purposes of compliance with Regulation (EU) 2018/842 (the ‘EU ETS flexibility’).
Of those Member States that are eligible, two have not made use of the EU ETS flexibility and one has not made full use of it.
In view of the increased ambition level set by this Regulation, those Member States should be granted a new opportunity to make use or further use of that flexibility.
It is therefore appropriate to set a new deadline by which it is possible for those Member States to notify the Commission of an intention to make use or further use of that flexibility.
In addition, given the particular structure of Malta’s economy, the national greenhouse gas emission reduction target of that Member State based on gross domestic product per capita is significantly above its cost-effective reduction potential.
It is therefore appropriate to increase Malta’s access to that flexibility, without compromising the Union’s greenhouse gas emission reduction target for 2030.
(20)
In addition to the EU ETS flexibility, it is possible for a limited quantity of net removals and net emissions from LULUCF to be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (the ‘LULUCF flexibility’).
In order to ensure that sufficient mitigation efforts are deployed up to 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of the LULUCF flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842.
It is also appropriate to bring the title of that Annex into line with Regulation (EU) 2018/841 following its amendment by Commission Delegated Regulation (EU) 2021/268 (14).
As a consequence, there is no longer a need for Regulation (EU) 2018/842 to empower the Commission to adopt delegated acts to amend the title of its Annex III.
Article 7(2) of Regulation (EU) 2018/842 should therefore be deleted.
(21)
Where the Commission finds that a Member State is not making sufficient progress towards meeting its annual emission levels under Regulation (EU) 2018/842, the corrective action mechanisms under that Regulation should be strengthened in order to allow swift and effective action.
It is therefore appropriate to revise the requirements which apply to corrective action plans to be submitted by Member States to the Commission in the case of failure to make sufficient progress.
(22)
The Union and the Member States are parties to the United Nations Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters (15) (the ‘Aarhus Convention’).
Public scrutiny and access to justice are essential elements of the democratic values of the Union and tools to safeguard the rule of law.
(13) Commission Implementing Regulation (EU) 2020/1208 of 7 August 2020 on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council and repealing Commission Implementing Regulation (EU) No 749/2014 (OJ L 278, 26.8.2020, p. 1).
(14) Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).
(15) OJ L 124, 17.5.2005 p. 4.