Consultation on first stage transposition of the revised EU ETS Directive
Reference Number: 09D/829
Open Date: 24-06-2009
Close Date: 16-09-2009
The purpose of this consultation was to seek views on a draft Statutory Instrument (‘The Greenhouse Gas Emissions Data and National Implementation Measures 2009’) to transpose the first stage of European Union Directive 2009/29/EC. This Directive, revising EU Directive 2003/87/EC, improves and extends the greenhouse gas emission allowance trading scheme of the European Community.
The revised Directive states that Member States must transpose the Directive in its entirety by 31st December 2012. It also states, however, that Member States must transpose Articles 9(a)(2) and 11 by 31st December 2009. Government will, therefore, undertake a staged transposition process with these first two Articles the sole subject of the draft Regulations that the consultation document relates to.
Article 9(a)(2) is a request from the European Commission that Member States submit to it emissions data for the installations that will be introduced into the EU ETS in Phase III. This is in order that the European Commission will be able to recalculate the Community-wide cap to take account of these new installations. The Regulations allow the regulator to collect such data, and for the Secretary of State to submit it to the European Commission. The consultation document sought views on a draft list of installations new to the EU ETS in Phase III - that is, a list of those installations that are requested to submit these data.
Article 11 obliges Member States to publish and submit National Implementation Measures (NIMs) to the European Commission by 30 September 2011. NIMs will replace the National Allocation Plans (NAPs) of Phase II and will contain a list of installations covered by the revised Directive in the UK’s territory and any free allocation to each installation, calculated in accordance with the various allocation methodologies that will be used in Phase III. The Regulations allow for the collection of the necessary information to allow for the publishing and submission of the UK’s NIMs to the Commission.
The full revised Directive is available online on
EUR-LEX: the European Union Law website.
The Regulations, laid before Parliament on 2 December 2009, can be downloaded from the
Office of Public Sector Information: The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 web page.
Consultation and post-consultation documents