Greenhouse Gas Emission Trading System Directive
Introduction
Directive (EU) 2023/959 is a pivotal piece of legislation within the European Union's "Fit for 55" package, amending the existing EU Emissions Trading System (ETS) established by Directive 2003/87/EC. This Directive significantly strengthens the EU ETS to align with the EU's target of reducing net greenhouse gas emissions by at least 55% by 2030 compared to 1990 levels. It expands the scope of the carbon market to new sectors, tightens limits on emissions for existing sectors, and establishes mechanisms to support the social transition.
Main Goal
The primary objective is to accelerate the reduction of greenhouse gas emissions in the EU. The reform aims to achieve a 62% reduction in emissions from ETS sectors by 2030 (compared to 2005 levels), significantly increasing the ambition from the previous target. It also seeks to incentivize low-carbon innovation and ensure a fair transition through funding mechanisms like the Social Climate Fund.
Who It Applies To
The Directive applies to:
- Stationary Installations: Power plants, oil refineries, steel works, and production of iron, aluminium, metals, cement, lime, glass, ceramics, pulp, paper, cardboard, acids, and bulk organic chemicals.
- Aviation: Aircraft operators performing flights within the European Economic Area (EEA).
- Maritime Transport: Shipping companies with ships above 5,000 gross tonnage calling at EU ports (covering CO2, and later methane and nitrous oxide).
- Fuel Suppliers (ETS 2): Regulated entities releasing fuel for consumption in the buildings, road transport, and additional industrial sectors not covered by the main ETS.
Key Provisions
- Maritime Sector Inclusion: Extends the ETS to cover maritime transport emissions, phased in from 2024 to 2026.
- ETS 2 Implementation: Establishes a separate emissions trading system (ETS 2) for fuel used in buildings, road transport, and small industry, operating independently from the main ETS.
- Cap Reduction: Increases the Linear Reduction Factor (LRF) to 4.3% (2024-2027) and 4.4% (from 2028), steeper than the previous 2.2%.
- Phase-out of Free Allowances: Gradually phases out free allocation for aviation and sectors covered by the Carbon Border Adjustment Mechanism (CBAM) (e.g., cement, aluminium, fertilizers) between 2026 and 2034.
- Conditionality: Ties free allocation to decarbonization efforts, requiring energy audits and climate-neutrality plans for certain installations.
Obligations & Requirements
- Surrender of Allowances: Operators must surrender allowances equivalent to their verified emissions.
- Monitoring, Reporting, and Verification (MRV): Strict requirements for monitoring emissions and reporting data to competent authorities.
- Permits: Installations and regulated entities must hold valid greenhouse gas emissions permits.
- Climate Neutrality Plans: Operators with high emissions intensities or those seeking to avoid free allocation reductions must implement energy efficiency recommendations or establish climate neutrality plans.
Exemptions
- Small Installations: Certain small emitters (<25,000 tonnes CO2e) or hospitals may be opted out by Member States subject to equivalent measures.
- Maritime Specifics: Temporary exemptions exist for ice-class ships, small islands, and outermost regions until 2030.
Penalties
- Excess Emissions Penalty: Operators failing to surrender sufficient allowances must pay an excess emissions penalty of €100 (indexed to inflation) for each tonne of CO2 equivalent emitted, without prejudice to the obligation to surrender the missing allowances the following year.
- Expulsion Orders: For shipping companies, repeated non-compliance can lead to expulsion orders, barring ships from entering EU ports.
Pilíře
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Územní působnost
Kategorie
Greenhouse Gas Emission Trading System Directive
Časová osa
- ProposedJul 14, 2021
- ApprovedApr 18, 2023
- AdoptedMay 10, 2023
- PublishedMay 16, 2023
- In ForceJun 5, 2023
- In ApplicationJan 1, 2024
- Last UpdatedMay 16, 2023
The implementation of Directive (EU) 2023/959 follows a phased timeline impacting different sectors at different stages:
1. Maritime Transport (Shipping Companies)
- 2024: Monitoring and reporting of emissions begin. Compliance obligation covers 40% of verified emissions.
- 2025: Compliance obligation increases to 70% of verified emissions reported for 2024. Surrender deadline: September 30.
- 2026: Full compliance (100%) for emissions reported for 2025 and onwards. Inclusion of non-CO2 emissions (methane and N2O) into MRV/surrender starts phasing in (MRV from 2024, surrender from 2026/2027).
2. Aviation & Stationary Installations
- 2024: Increased Linear Reduction Factor (4.3%) applies.
- 2026: Start of the phase-out of free allowances for CBAM sectors (2.5% reduction in 2026, accelerating thereafter).
- 2026: Removal of free allowances for aviation sectors.
- 2030: Deadline for specific maritime exemptions (islands, outermost regions) to expire.
- 2034: Complete phase-out of free allowances for CBAM sectors.
3. ETS 2 (Buildings, Road Transport, Small Industry)
- 2025: Monitoring and reporting of emissions by regulated entities (fuel suppliers) begins (permits required by Jan 1, 2025).
- 2027: Launch of the ETS 2 system. Allowances are auctioned; however, surrender obligations may be delayed.
- 2027/2028: Surrender of allowances for ETS 2 emissions. (Note: The start may be postponed to 2028 if energy prices are exceptionally high).
4. General Compliance Deadlines
- Annual Cycle: Verified emissions reports are typically due by March 31, and allowance surrender is due by September 30 of the following year.
- Transposition: Member States were generally required to transpose the main provisions by December 31, 2023.
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