Annexes to COM(2008)16 - Amendment of Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the EC

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dossier COM(2008)16 - Amendment of Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the EC.
document COM(2008)16 EN
date April 23, 2009
ANNEX I

Annex I to Directive 2003/87/EC shall be replaced by the following:

‘ANNEX I

CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES

1. Installations or parts of installations used for research, development and testing of new products and processes and installations exclusively using biomass are not covered by this Directive.

2. The thresholds values given below generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same installation, the capacities of such activities are added together.

3. When the total rated thermal input of an installation is calculated in order to decide upon its inclusion in the Community scheme, the rated thermal inputs of all technical units which are part of it, in which fuels are combusted within the installation, are added together. These units could include all types of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units. Units with a rated thermal input under 3 MW and units which use exclusively biomass shall not be taken into account for the purposes of this calculation. “Units using exclusively biomass” includes units which use fossil fuels only during start-up or shut-down of the unit.

4. If a unit serves an activity for which the threshold is not expressed as total rated thermal input, the threshold of this activity shall take precedence for the decision about the inclusion in the Community scheme.

5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit.

6. From 1 January 2012 all flights which arrive at or depart from an aerodrome situated in the territory of a Member State to which the Treaty applies shall be included.

ActivitiesGreenhouse gases
Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste)Carbon dioxide
Refining of mineral oilCarbon dioxide
Production of cokeCarbon dioxide
Metal ore (including sulphide ore) roasting or sintering, including pelletisationCarbon dioxide
Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hourCarbon dioxide
Production or processing of ferrous metals (including ferro-alloys) where combustion units with a total rated thermal input exceeding 20 MW are operated. Processing includes, inter alia, rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and picklingCarbon dioxide
Production of primary aluminiumCarbon dioxide and perfluorocarbons
Production of secondary aluminium where combustion units with a total rated thermal input exceeding 20 MW are operatedCarbon dioxide
Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operatedCarbon dioxide
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per dayCarbon dioxide
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per dayCarbon dioxide
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per dayCarbon dioxide
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per dayCarbon dioxide
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per dayCarbon dioxide
Drying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion units with a total rated thermal input exceeding 20 MW are operatedCarbon dioxide
Production of pulp from timber or other fibrous materialsCarbon dioxide
Production of paper or cardboard with a production capacity exceeding 20 tonnes per dayCarbon dioxide
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues, where combustion units with a total rated thermal input exceeding 20 MW are operatedCarbon dioxide
Production of nitric acidCarbon dioxide and nitrous oxide
Production of adipic acidCarbon dioxide and nitrous oxide
Production of glyoxal and glyoxylic acidCarbon dioxide and nitrous oxide
Production of ammoniaCarbon dioxide
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per dayCarbon dioxide
Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per dayCarbon dioxide
Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)Carbon dioxide
Capture of greenhouse gases from installations covered by this Directive for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/ECCarbon dioxide
Transport of greenhouse gases by pipelines for geological storage in a storage site permitted under Directive 2009/31/ECCarbon dioxide
Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31/ECCarbon dioxide
Aviation

Flights which depart from or arrive in an aerodrome situated in the territory of a MemberState to which the Treaty applies.

This activity shall not include:

(a)flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;

(b)military flights performed by military aircraft and customs and police flights;

(c)flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;

(d)any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;

(e)flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;

(f)training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;

(g)flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;

(h)flights performed by aircraft with a certified maximum take-off mass of less than 5 700 kg;

(i)flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed 30 000 seats per year; and

(j)flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:

—fewer than 243 flights per period for three consecutive four-month periods, or

—flights with total annual emissions lower than 10 000 tonnes per year.

Flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a MemberState may not be excluded under this point.’
Carbon dioxide


ANNEX II

The following Annexes shall be inserted as Annex IIa and Annex IIb to Directive 2003/87/EC:

‘

ANNEX IIa

Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of Community solidarity and growth in order to reduce emissions and adapt to the effects of climate change

MemberState share
Belgium10 %
Bulgaria53 %
CzechRepublic31 %
Estonia42 %
Greece17 %
Spain13 %
Italy2 %
Cyprus20 %
Latvia56 %
Lithuania46 %
Luxembourg10 %
Hungary28 %
Malta23 %
Poland39 %
Portugal16 %
Romania53 %
Slovenia20 %
Slovakia41 %
Sweden10 %

ANNEX IIb

DISTRIBUTION OF ALLOWANCES TO BE AUCTIONED BY MEMBER STATES PURSUANT TO ARTICLE 10(2)(c) REFLECTING EARLY EFFORTS OF SOME MEMBER STATES TO ACHIEVE 20 % REDUCTION OF GREENHOUSE GAS EMISSIONS

Member StateDistribution of the 2 % against the Kyoto base in percentages
Bulgaria15 %
CzechRepublic4 %
Estonia6 %
Hungary5 %
Latvia4 %
Lithuania7 %
Poland27 %
Romania29 %
Slovakia3 %

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