Commission Implementing Decision (EU) 2022/1028

law://eu/dec/2022/1028@2026-11-13

Contents

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^note, 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^note 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^note, 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^note, 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.

Annex I · Installations using exclusively biomass

Installations identifier in the national implementation measures lists

DK000000000000065	DK000000000000066	DK000000000000135
FI000000000000645	FI000000000207696
SE000000000000031SE000000000000086SE000000000000169SE000000000000211SE000000000000320SE000000000000523SE000000000000583SE000000000000686SE000000000000789SE000000000000845SE000000000205887SE000000000209930SE000000000000779	SE000000000000064SE000000000000088SE000000000000186SE000000000000249SE000000000000324SE000000000000543SE000000000000629SE000000000000687SE000000000000798SE000000000000847SE000000000206192SE000000000211058SE000000000207651	SE000000000000073SE000000000000099SE000000000000199SE000000000000261SE000000000000382SE000000000000547SE000000000000659SE000000000000705SE000000000000830SE000000000202297SE000000000208282SE000000000000153	SE000000000000074SE000000000000102SE000000000000205SE000000000000319SE000000000000468SE000000000000565SE000000000000681SE000000000000785SE000000000000838SE000000000205800SE000000000209062SE000000000000231

Annex II

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Annex IV · Installations producing polymers and importing heat, with zero direct CO2 emissions

Installations identifier in the national implementation measures list

FR000000000206164

FR000000000206032

Commission Implementing Decision (EU) 2022/1028

Commission Implementing Decision (EU) 2022/1028

Article 1 #

Article 2 #

Annex I · Installations using exclusively biomass

Annex II

Annex IV · Installations producing polymers and importing heat, with zero direct CO2 emissions

Connections

History · 2 versions

Key facts

Article 1 #

Article 2 #

Annex I · Installations using exclusively biomass

Annex II

Annex IV · Installations producing polymers and importing heat, with zero direct CO2 emissions