National Implementation Measures (NIMs) in the European Union Emissions Trading Scheme (EU ETS) mean an instrument made according to Article 15 of the Benchmarking Decision (Commission Decision 2011/278/EU), where the EU Member States have to notify to the European Commission the list of installations covered by the EU ETS in their territory and the preliminary amount of free allowances to be allocated to these installations for the period 2013 to 2020 calculated on the basis of the Union-wide harmonised rules for free allocation.

 

In the period 2021 - 2030 the relevant provisions have been included in Article 14 of Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council.

 

 

 

Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council

 

Article 14
National implementation measures


1.   The list pursuant to Article 11(1) of Directive 2003/87/EC shall be submitted to the Commission using an electronic template provided by the Commission and shall identify all electricity generators, small installations that may be excluded from the EU ETS pursuant to Articles 27 and 27a of Directive 2003/87/EC and installations that will be included under the EU ETS pursuant to Article 24 of that Directive.


2.   The list referred to in paragraph 1 shall contain the following information for each incumbent installation applying for free allocation:
(a) an identification of the installation and its boundaries using the installation identification code in the European Union Transaction Log (EUTL);
(b) activity information and information on eligibility for free allocation;
(c) an identification of each sub-installation of an installation;
(d) for each sub-installation, the annual activity level and annual emissions in each year of the relevant baseline period;
(e) for each sub-installation, information on whether it belongs to a sector or subsector deemed to be exposed to a significant risk of carbon leakage as determined in accordance with Article 10b(5) of Directive 2003/87/EC, including the PRODCOM codes of the products produced, where applicable;
(f) for each sub-installation, the data reported in accordance with Annex IV.


3.   Upon receipt of the list referred to in paragraph 1, the Commission shall assess the inclusion of each installation in the list and the related data submitted in accordance with paragraph 2.


4.   Where the Commission does not reject an installation's inclusion in that list, the data shall be used for the calculation of the revised benchmark values as referred to in Article 10a(2) of Directive 2003/87/EC.


5.   Member States shall determine and notify the preliminary annual amounts per installation of free allowances, using the revised benchmark values for the relevant allocation period, as determined in accordance with Article 16(2) to (7) and Articles 19 to 22.


6.   Once the preliminary annual amounts of free allowances for the relevant allocation period are notified, the Commission shall determine any factor established pursuant to Article 10a(5) of Directive 2003/87/EC by comparing the sum of the preliminary annual amounts of free allowances to installations in each year over the relevant allocation period with application of the factors as determined in Annex V to this Regulation with the annual amount of allowances that is calculated in accordance with Article 10a(5) and (5a) of Directive 2003/87/EC for installations, taking into account the relevant share of the annual Union-wide total quantity, as determined pursuant to Articles 10(1) and 10a(5) of Directive 2003/87/EC. The determination shall take into account inclusions pursuant to Article 24 and exclusions pursuant to Articles 27 and 27a of Directive 2003/87/EC, as appropriate.


7.   Once the factor established pursuant to in Article 10a(5) of Directive 2003/87/EC is determined, the Member States shall determine and submit to the Commission the final annual amount of emission allowances allocated free of charge for each year over the relevant allocation period in accordance with Article 16(8).


8.   Upon request, each Member State shall make the reports received on the basis of Article 4(2) available to the Commission.

 


 

 

 


  

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National Implementation Measures (NIMs) - regulatory chronicle 

 

 

 

  

 

IMG 0744

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Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, Article 14

Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council

 

Benchmarking Decision (Commission Decision 2011/278/EU), Article 15
 

Questions and Answers on the Commission's decision on national implementation measures (NIMs)



 

 

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