32
150. The directive grants exemptions from the need to comply with emission limit
values for plants using certain types of fuel. States may adopt stricter emission limit
values and compliance deadlines than provided for in the directive. In all events, they
must achieve significant emissions reductions by 1 January 2008 at the latest.
Measures taken by the European Union to comply with the Kyoto Protocol 1
Joint fulfilment of commitments
151. Under the Kyoto Protocol, as signed by the European Community on 29 April
1998, the fifteen states which made up the EU before enlargement undertook to
reduce their greenhouse gas emissions by 8% of 1990 levels by between 2008 and
2012. This overall objective was divided up into individual emissions reduction or
limitation targets under a burden-sharing agreement (decision 2002/358/EC
concerning the approval, on behalf of the European Community, of the Kyoto
Protocol to the UNFCCC and the joint fulfilment of commitments thereunder).
Emissions trading2
152. Drawing on the ground-breaking mechanisms set up by the Kyoto Protocol
(see § 116 above), Directive 2003/87/EC3 establishes a scheme for greenhouse gas
emission allowance trading within the Community. Under the scheme, industrial firms
can exchange and build up stocks of emission allowances and use them to fulfil their
emissions obligations. The scheme came into force on 1 January 2005 in the 25 EU
member states.
153. Although the system can cover many economic sectors and all the
greenhouse gases covered by the Kyoto Protocol, its field of application during the
implementation and experimentation stage (2005-2007) will be limited to major
emitters in the heat and electricity generating sectors (emitting CO 2).
154. Member states must draw up national allocation plans (NAPs) in accordance
with common rules set out in Directive 2003/87/EC. When drawing up these plans,
states must take account of public opinion. The Commission assesses NAPs on the
basis of these rules and EU rules on state aid and competition and has the power to
require changes or even to reject a plan altogether. Once a plan has been approved,
neither the total quantity of emission allowances nor the number of allowances per
installation may be changed.
155. NAPs must include “business-as-usual” (BAU) scenarios including production
forecasts and assessments of emission trends.
156. NAPs assign each installation a number of emission allowances, which entitle
it to emit the corresponding quantity of CO2. Each allowance is a trading unit
representing the right to emit one tonne of CO2. Companies which manage to keep
their emission levels within the allowances allocated to them may sell excess
amounts at market rates. Those which have difficulty in remaining within emission
thresholds can opt (i) to reduce their emissions, for example by investing in more
1
europa.eu.int/eur-lex; europa.eu.int/scadplus
European Commission, EU action against climate change. EU emissions trading – an open scheme
promoting global innovation, 2005.
3
Official Journal , L 275, 25/10/2003 p. 0032 – 0046; deadline for transposition 31 December 2003
2
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