|Commission Decision determining a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage|
Carbon leakage is defined as ‘an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints’ (recital 24 of the EU ETS Directive).
Carbon leakage pursuant to EU ETS Directive denotes the specific measure aimed to address the risk of carbon leakage, it determines sectors and subsectors exposed to that risk in the third trading period (2013-2020) of the European Union Emissions Trading Scheme (EU ETS).
The carbon leakage list covers the sectors that get more free allocation than otherwise that would be the case.
The amount of free allowances affects companies' cash-flows because depending on carbon efficiency and emissions, it influences on the amount of allowances companies have to purchase.
The legal base for determining the carbon leakage list is Article 10a(13) of the ETS Directive, which obliges the European Commission in that regard. The list is to be adopted by the Commission after agreement by Member States and scrutiny by the European Parliament and Council through the so called ‘comitology procedure’.
The first carbon leakage list was adopted by the Commission Decision No 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (OJ L 1, 5.1.2010, p. 10 as amended) and was modified in years 2011, 2012 and 2013.
The first carbon leakage list applied for the years 2013-2014. It is noteworthy that sectors included couldn't be removed from the list before 2014 (see: Guidance Document n°5 on the harmonized free allocation methodology for the EU-ETS post 2012, p. 7).
However, additions were possible before that date (see further).
The classifications used for the assessments made in the first list are NACE and PRODCOM codes of sectors, subsectors and products. NACE codes are 4-digit codes used to classify which specific sector an installation belongs to, based on the activities carried out.
The codes are taken from the Classification of Economic Activities in the European Community.
Pursuant to the above Guidance Document Version 1.1 of NACE should be used for the determination of the carbon leakage status.
The PRODCOM code is an 8-digit code and stands for the PRODucts of the European COMmunity Inquiry.
It is a survey of manufactured products governed by an EU Regulation (3924/91).
The product definitions are standardised across the EU to give comparability between Member States’ data and the production of European aggregates at product level.
There is a direct relationship between the NACE and PRODCOM codes and the first 4 digits of the PRODCOM code match the 4 digits of the NACE v1.1 code.
It is important to note the 2007 version of PRODCOM codes should be used as this relates to NACE v1.1
According to Article 10a(15) and (16) of the ETS Directive, there are two criteria to be taken into account in the quantitative assessment of the sectors:
1) their carbon costs as share of gross value added, and
2) the trade intensity with third countries (defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the EU (annual turnover from third countries)).
The ETS Directive stipulates that if the carbon costs are above 5% and the trade intensity is above 10%, or either of them is above 30%, the sector can be included in the carbon leakage list.
The carbon leakage exposure factor is applied at sub-installation level.
To calculate the amount of allowances for benchmarked products, the carbon leakage list is used - if the product is on the list (i.e. the NACE code or the PRODCOM code is on the list) the factor to use is 1, if not, the declining factor given in table above is to be used.
In line with the above-mentioned Guidance Document, for carbon leakage factors applied to fall-back approaches (i.e. where the sub-installation at issue is not the product-benchmark sub-installation) the carbon leakage exposure factor to use depends on whether or not the heat, fuel or process emissions are associated with a process to manufacture a product included in the carbon leakage list.
In the case that a sub-installation exports heat to an ETS plant, the carbon leakage status of the heat-importing ETS plant is applied. This can be derived from the carbon leakage list depending on the product(s) that the importing plant manufactures. There is the needs to define the carbon leakage status of the installation receiving the heat because allowances are given to heat consumers, unless the importing installation is not in the ETS in which case the allowances are given to the producer of the heat.
If a sub-installation exports heat to a non-ETS plant, the carbon leakage status of the importing installation is assumed to be not at risk by default, unless the “at risk” status of the importing installation not in the ETS can be proven and the relevant documentation is included in the data collection report.
Carbon leakage list amendments and the second carbon leakage list for the period from 1 January 2015 to 31 December 2019
Carbon leakage lists are to be established by 31 December 2009 and every five years thereafter. The first list was adopted in 2009 and applied for the years 2013-2014. The second has been adopted during 2014 with the term of the validity from 2015 to 2019.
The above notwithstanding, the possibility of adding sectors or subsectors each year is foreseen in Article 10(a) paragraph 13 of the EU ETS Directive if it can be demonstrated, in an analytical report, that this sector or subsector satisfies the criterioil aid down in the Directive, following a change that has substantial impact on the sector's or subsector's activities.
This possibility was used in 2011 , 2012 and 2013.
The EU Climate Change Committee in July 2013 approved the addition of two other sectors and four sub-sectors to the current list (for the period 2009-2014).
The two sectors are plaster and plasterboard, both of which belong to the gypsum industry.
The four sub-sectors are open-die forging, solid whey and two sub-sectors related to processed potato products.today of sectors deemed exposed to significant risk of carbon leakage.
The above communication reminds, assuming the European Parliament and Council raise no objections, this addition will imply higher free allocation of emission allowances for these sectors and sub-sectors for the year 2014.
On 5 May 2014 the European Commission has sent its draft proposal for a 2015-2019 carbon leakage list to the EU Climate Change Committee.
Since there were no objections raised by either the European Parliament or the Council during the three-month scrutiny period, and the Climate Change Committee (in which all Member States are represented) issued positive opinion, the new framework has been finalised on 27 October 2014 (Commission Decision 2014/746/EU of 27 October 2014 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage, for the period 2015 to 2019 (2014/746/EU).
With comparison to the draft list that had been published on 5 May 2014 no further changes were made.
As the European Commission reports in the relevant communication of 27 October 2014, this second carbon leakage list "provides regulatory predictability for industry for the period from 1 January 2015 to 31 December 2019 and succeeds the first carbon leakage list that is still valid until 31 December 2014.
According to the ETS Directive, it will be possible to add further sectors to the list if they comply with the criteria stated in the Directive, but it will not be possible to remove sectors from the list until its expiration".
Equivalent measures in other cap-and-trade schemes
Information on the California equivalent for the European carbon leakage list is available under the following link.
Carbon leakage list beyond 2020
Questions and answers on the proposal to revise the EU emissions trading system (EU ETS), Brussels, 15 July 2015, p. 2) confirms, apart from some minor improvements, the basic EU ETS architecture will remain in place after 2020.
The said document also acknowledges, as currently, under the post-2020 EU low carbon framework all major industrial sectors will be considered at risk of carbon leakage.
Commission's Decision 2014/746/EU of 27 October 2014 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage, for the period 2015 to 2019 (2014/746/EU
Commission Staff Working Document Impact Assessment Accompanying the document Commission Decision determining, pursuant to Directive 2003/87/EC of the European Parliament and the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage for the period 2015-2019
European Commision's Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments of 15 July 2015 (COM(2015) 337 final) 2015/148 (COD)
|Last Updated on Thursday, 19 October 2017 13:10|