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Document 02019R0331-20240101
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 (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance
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 (Text with EEA relevance)Text with EEA relevance
This consolidated text may not include the following amendments:
| Amending act | Amendment type | Subdivision concerned | Date of effect |
|---|---|---|---|
| 32024R0873 | Modified by | annex I section 1 Text | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 3 | 01/01/2026 |
| 32024R0873 | Modified by | annex III | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 2a | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 3 | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 4 | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 5 point (f) | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 4 | 01/01/2026 |
| 32024R0873 | Modified by | article 19 | 01/01/2026 |
| 32024R0873 | Modified by | article 2 point 3 | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 8 | 01/01/2026 |
| 32024R0873 | Modified by | article 22 | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 5 point (d) | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 2 point (e) | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 5 | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 3 unnumbered paragraph 1 | 01/01/2026 |
| 32024R0873 | Modified by | article 2 point 6 | 01/01/2026 |
| 32024R0873 | Modified by | annex I section 2 | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 4a | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 5 point (k) | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 7 | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 8 | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 2 point (d) | 01/01/2026 |
| 32024R0873 | Modified by | article 16 paragraph 1 | 01/01/2026 |
| 32024R0873 | Modified by | article 10 paragraph 4 unnumbered paragraph 3 | 01/01/2026 |
| 32024R0873 | Modified by | article 21 | 01/01/2026 |
| 32024R0873 | Modified by | article 20 | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 6 | 01/01/2026 |
| 32024R0873 | Modified by | annex I section 1 title | 01/01/2026 |
| 32024R0873 | Modified by | article 15 paragraph 1 | 01/01/2026 |
02019R0331 — EN — 01.01.2024 — 001.005
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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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 (OJ L 059 27.2.2019, p. 8) |
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COMMISSION DELEGATED REGULATION (EU) 2024/873 of 30 January 2024 |
L 873 |
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4.4.2024 |
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Corrected by:
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
(Text with EEA relevance)
CHAPTER I
General provisions
Article 1
Scope
This Regulation shall apply to the free allocation of emission allowances under Chapter III (Stationary installations) of Directive 2003/87/EC as regards the allocation periods as from 2021, with the exception of transitional free allocation of emission allowances for the modernisation of electricity generation pursuant to Article 10c of Directive 2003/87/EC.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘incumbent installation’ means any installation carrying out one or more activities listed in Annex I to Directive 2003/87/EC or an activity included in the European Union Emissions Trading System (EU ETS) for the first time in accordance with Article 24 of that Directive, which obtained a greenhouse gas emission permit before or on:
30 June 2019 for the period 2021-2025,
30 June 2024 for the period 2026-2030;
‘product benchmark sub-installation’ means inputs, outputs and corresponding emissions relating to the production of a product for which a benchmark has been set in Annex I;
‘heat benchmark sub-installation’ means inputs, outputs and corresponding emissions not covered by a product benchmark sub-installation relating to the production of measurable heat or the import of measurable heat from an installation covered by the EU ETS other than installations covered by the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC, or both, which is:
consumed within the installation’s boundaries for the production of products, for the production of mechanical energy other than used for the production of electricity, for heating or cooling other than the consumption for the production of electricity; or
exported to an installation or other entity not covered by the EU ETS other than district heating with the exception of the export for the production of electricity;
‘district heating’ means the distribution of measurable heat for the purpose of heating or cooling of space or of production of domestic hot water, through a network, to buildings or sites not covered by EU ETS with the exception of measurable heat used for the production of products and related activities or the production of electricity;
‘district heating sub-installation’ means inputs, outputs and corresponding emissions not covered by a product benchmark sub-installation relating to the production, the import from an installation covered by the EU ETS, or both, of measurable heat which is exported for the purposes of district heating;
‘fuel benchmark sub-installation’ means inputs, outputs and corresponding emissions not covered by a product benchmark sub-installation, relating to the production of non-measurable heat, by fuel combustion or from electricity, for the primary purpose of the generation of heat, consumed for the production of products, for the production of mechanical energy other than used for the production of electricity, for heating or cooling other than the consumption for the production of electricity, and including safety flaring;
‘measurable heat’ means a net heat flow transported through identifiable pipelines or ducts using a heat transfer medium, such as, in particular, steam, hot air, water, oil, liquid metals and salts, for which a heat meter is or could be installed;
‘heat meter’ means a thermal energy meter (MI-004) within the meaning of Annex VI to Directive 2014/32/EU of the European Parliament and of the Council ( 1 ) or any other device to measure and record the amount of thermal energy produced based upon flow volumes and temperatures;
‘non-measurable heat’ means all heat other than measurable heat;
‘process emissions sub-installation’ means greenhouse gas emissions listed in Annex I to Directive 2003/87/EC other than carbon dioxide, which occur outside the system boundaries of a product benchmark listed in Annex I to this Regulation, or carbon dioxide emissions, which occur outside the system boundaries of a product benchmark listed in Annex I to this Regulation, as a direct and immediate result of any of the following processes and emissions stemming from the combustion of waste gases for the purpose of the production of measurable heat, non-measurable heat or electricity, provided that emissions that would have occurred from the combustion of an amount of natural gas, equivalent to the technically usable energy content of the combusted incompletely oxidised carbon, are subtracted:
the chemical, electrolytic or pyrometallurgical reduction of metal compounds in ores, concentrates and secondary materials for a primary purpose other than the generation of heat;
the removal of impurities from metals and metal compounds for a primary purpose other than the generation of heat;
the decomposition of carbonates, excluding those for flue gas scrubbing for a primary purpose other than the generation of heat;
chemical syntheses of products and intermediate products where the carbon bearing material participates in the reaction, for a primary purpose other than the generation of heat;
the use of carbon containing additives or raw materials for a primary purpose other than the generation of heat;
the chemical or electrolytic reduction of metalloid oxides or non-metal oxides such as silicon oxides and phosphates for a primary purpose other than the generation of heat;
‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic metres (Nm3) according to Article 3(50) of Regulation (EU) No 601/2012;
‘start of normal operation’ means the first day of operations;
‘safety flaring’ means the combustion of pilot fuels and highly fluctuating amounts of process or residual gases in a unit open to atmospheric disturbances which is explicitly required for safety reasons by relevant permits for the installation;
‘baseline period’ means the five calendar years preceding the time-limit for submission of data to the Commission pursuant to Article 11(1) of Directive 2003/87/EC;
‘allocation period’ means the five-year period starting from 1 January 2021 and each subsequent period of five years;
‘uncertainty’ means a parameter, associated with the result of the determination of a quantity, that characterises the dispersion of the values that could reasonably be attributed to the particular quantity, including the effects of systematic as well as of random factors, expressed in per cent, and describes a confidence interval around the mean value comprising 95 % of inferred values taking into account any asymmetry of the distribution of values;
‘merger’ means a fusion of two or more installations already holding greenhouse gas permits provided that they are technically connected, operate on the same site and the resulting installation is covered by one greenhouse gas permit;
‘split’ means a division of an installation into two or more installations that are covered by separate greenhouse gas permits and are run by different operators.
Article 3
National administrative arrangements
In addition to designating a competent authority or authorities in accordance with Article 18 of Directive 2003/87/EC, Member States shall make the appropriate administrative arrangements for the implementation of the rules of this Regulation.
CHAPTER II
Application, data reporting and monitoring rules
Article 4
Application for free allocation by operators of incumbent installations
Member States may set an alternative time-limit for the submission of such applications, which, however, may not be later or earlier than one month compared to the time-limit provided for in the first subparagraph.
An application for free allocation submitted pursuant to paragraph 1 shall be accompanied by the following particulars:
a baseline data report verified as satisfactory in accordance with measures adopted pursuant to Article 15 of Directive 2003/87/EC containing data for the installation, and its sub-installations as specified in Article 10 and Annexes I and II to this Regulation, taking into account, for the calculation of historical activity levels for specific product benchmarks, Annex III to this Regulation, containing each parameter listed in Annex IV to this Regulation and covering the baseline period relating to the allocation period to which the application relates;
the monitoring methodology plan which formed the basis for the baseline data report and the verification report, in accordance with Annex VI;
where relevant, the climate-neutrality plan in accordance with Article 10a(1), fifth subparagraph, and Article 10b(4) of Directive 2003/87/EC;
a verification report issued in accordance with measures adopted pursuant to Article 15 of Directive 2003/87/EC on the baseline data report.
Article 5
Application for free allocation by new entrants
Article 6
The operator of an installation, applying for or receiving free allocation pursuant to Article 10a of Directive 2003/87/EC shall monitor the data to be submitted as listed in Annex IV to this Regulation, based on a monitoring methodology plan approved by the competent authority.
Article 7
Monitoring principles
By way of derogation from paragraph 1, the operator may use other data sources in accordance with sections 4.4 to 4.6 of Annex VII, if any of the following conditions is met:
the use of most accurate data sources pursuant to section 4 of Annex VII is technically not feasible;
the use of most accurate data sources pursuant to section 4 of Annex VII would incur unreasonable costs;
based on a simplified uncertainty assessment identifying major sources of uncertainty and estimating their associated levels of uncertainty, the operator demonstrates to the satisfaction of the competent authority that the associated level of accuracy of the data source proposed by the operator is equivalent to or better than the level of accuracy of most accurate data sources pursuant to section 4 of Annex VII.
Article 8
Content and submission of the monitoring methodology plan
Article 9
Changes to the monitoring methodology plan
The operator shall modify the monitoring methodology plan in any of the following situations:
new emissions or activity levels occur due to new activities carried out or due to the use of new fuels or materials not yet contained in the monitoring methodology plan;
the use of new measuring instrument types, new sampling or analysis methods or new data sources, or other factors, lead to higher accuracy in the determination of reported data;
data resulting from the previously applied monitoring methodology has been found incorrect;
the monitoring methodology plan is not, or no longer, in conformity with the requirements of this Regulation;
it is necessary to implement recommendations for improvement of the monitoring methodology plan contained in a verification report.
The following modifications of the monitoring methodology plan of an installation shall be considered significant:
modifications resulting from changes to the installation, in particular new sub-installations, changes to the boundaries of existing sub-installations or closures of sub-installations;
a switch from a monitoring methodology laid down in sections 4.4 to 4.6 of Annex VII to another methodology laid down in those sections;
the change of a default value or estimation method laid down in the monitoring methodology plan;
changes requested by the competent authority to ensure conformity of the monitoring methodology plan with the requirements of this Regulation.
The operator shall keep records of all modifications of the monitoring methodology plan. In each record, the following shall be specified:
a transparent description of the modification;
a justification for the modification;
the date of notification of the intended modification to the competent authority;
the date of acknowledgement, by the competent authority, of the receipt of the notification referred to paragraph 3, where available, and the date of the approval or provision of information referred to in paragraph 4;
the starting date of implementation of the modified monitoring methodology plan.
Article 10
Division into sub-installations
For attributing the installation's inputs, outputs and emissions to sub-installations, the operator shall carry out the following steps in the descending order:
if any of the products as specified for product benchmarks listed in Annex I are produced in the installation, the operator shall attribute the related inputs, outputs and emissions to the product benchmark sub-installations, as applicable, applying rules set out in Annex VII;
if inputs, outputs and emissions qualifying for heat benchmark or district heating sub-installations are relevant at the installation, and do not qualify for any of the sub-installations referred to in point (a), the operator shall attribute them to heat benchmark sub-installations or to district heating sub-installation, as applicable, applying the rules set out in Annex VII;
if inputs, outputs and emissions qualifying for fuel benchmark sub-installations are relevant at the installation, and do not qualify for any of the sub-installations referred to in points (a) or (b), the operator shall attribute them to fuel benchmark sub-installations, as applicable, applying the rules set out in Annex VII;
if inputs, outputs and emissions qualifying for process emissions sub-installations are relevant at the installation, and do not qualify for any of the sub-installations referred to in points (a), (b) or (c), the operator shall attribute them to process emissions sub-installations, as applicable, applying the rules set out in Annex VII.
In addition, the operator shall clearly distinguish, based on CN codes, and provide evidence to the satisfaction of the competent authority, whether or not the relevant process serves the production of goods listed in Annex I to Regulation (EU) 2023/956.
For distinguishing measurable heat attributable to the district heating sub-installation, the operator shall provide evidence to the satisfaction of the competent authority that the measurable heat is exported to district heating.
In addition, where an installation included in the EU ETS has produced and exported measurable heat to an installation or other entity not included in the EU ETS, the operator shall provide evidence on the quantity of measurable heat used to produce goods listed in Annex I to Regulation (EU) 2023/956. Unless the operator provides such evidence to the satisfaction of the competent authority, that heat shall be considered as used to produce goods listed in Annex I of that Regulation.
By carrying out the division in accordance with paragraphs 1 and 2, the operator shall ensure all of the following:
each of the installation's physical products is attributed to one sub-installation without any omission or double counting;
100 % of the quantity of all the installation's source streams and emissions as listed in the installation's monitoring plan approved in accordance with Regulation (EU) No 601/2012 are attributed to sub-installations without any omission or double counting, unless they relate to any process non-eligible for free allocation such as the production of electricity in the installation, flaring other than safety flaring which is not covered by a product benchmark sub-installation, or the production of measurable heat exported to other EU ETS installations;
100 % of the quantity of net measurable heat eligible for free allocation produced within the installation, or imported or exported by the installation, as well as quantities transferred between sub-installations, are attributed to sub-installations without any omission or double counting;
for all measurable heat produced, imported or exported by sub-installations, it is documented whether the measurable heat was produced within an EU ETS installation, imported from other heat producing processes, imported from non-EU ETS entities or imported from EU ETS installations covered by the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC;
where electricity is produced within the installation, the quantities produced within product benchmark sub-installations are attributed to these sub-installations without any omission or double counting;
▼M1 —————
where a sub-installation has outputs of carbon containing materials in the form of exported fuels, products, by-products, feedstocks for other sub-installations or installations, or waste gases, those outputs are attributed to sub-installations without any omission or double counting, if not covered by point (b);
CO2 emissions occurring outside the system boundaries of a product benchmark sub-installation resulting from processes listed in points (a) to (f) of Article 2(10) are assigned to a process emissions sub-installation to the extent that it can be demonstrated to the satisfaction of the competent authority that these emissions are direct and immediate results of any of the processes listed in Article 2(10) and that they do not result from the subsequent oxidation of incompletely oxidised carbon in a gaseous state under standard conditions;
where CO2 emissions from the combustion of waste gas not serving the purpose of the production of measurable heat, non-measurable heat or electricity occur outside the system boundaries of a product benchmark sub-installation as a result of the processes listed in points (a) to (f) of Article 2(10), 75 % of the quantity of the carbon content of the waste gas shall be considered as converted to CO2, and assigned to a process emissions sub-installation;
for avoiding any double counting, products of a production process returned into the same production process are deducted from annual activity levels, in line with product definitions laid down in Annex I.
▼M1 —————
Article 11
Control system
The operator shall make the risk assessment pursuant to the first subparagraph available to the competent authority upon request. The operator shall also make it available for the purposes of verification.
Control activities referred to in paragraph 2 shall include, where applicable:
quality assurance of the relevant measurement equipment;
quality assurance of information technology systems ensuring that the relevant systems are designed, documented, tested, implemented, controlled and maintained in a way that ensures processing reliable, accurate and timely data in accordance with the risks identified in accordance with paragraph 1;
segregation of duties in the data flow activities and control activities, as well as management of necessary competencies;
internal reviews and validation of data;
corrections and corrective action;
control of out-sourced processes;
keeping records and documentation including the management of document versions.
Where components of the measuring systems cannot be calibrated, the operator shall identify those in the monitoring methodology plan and propose alternative control activities.
When the equipment is found not to comply with required performance, the operator shall promptly take necessary corrective action.
Such review and validation of the data shall include:
a check as to whether the data are complete;
a comparison of the data that the operator has determined over the preceding baseline period and, in particular, consistency checks based on time series of greenhouse gas efficiency of each sub-installation;
a comparison of data and values resulting from different operational data collection systems, in particular for production protocols, sales figures and stock figures of products to which product benchmarks relate;
comparisons and completeness checks of data at installation and sub-installation level for ensuring that the requirements laid down in Article 10(5) are fulfilled.
For the purposes of paragraph 3(f), where the operator outsources one or more data flow activities or control activities referred to in paragraph 1, the operator shall proceed to all of the following:
check the quality of the outsourced data flow activities and control activities in accordance with this Regulation;
define appropriate requirements for the outputs of the outsourced processes as well as the methods used in those processes;
check the quality of the outputs and methods referred to in point (b) of this paragraph;
ensure that outsourced activities are carried out such that those are responsive to the inherent risks and control risks identified in the risk assessment referred to in paragraph 1.
When the operator finds the control system ineffective or not commensurate with the risks identified, it shall seek to improve the control system and update the monitoring methodology plan or the underlying written procedures for data flow activities, risk assessments and control activities, as appropriate.
Article 12
Data gaps
The operator shall take all necessary measures to achieve a prompt application of the approved monitoring methodology plan.
Article 13
Use of electronic templates
Member States may require operators and verifiers to use electronic templates or specific file formats for the submission of baseline data reports, monitoring methodology plans and verification reports as referred to in Article 4(2) and of new entrant data reports, monitoring methodology plans and verification reports as referred to in Article 5(2).
CHAPTER III
Allocation rules
Article 14
National implementation measures
The list referred to in paragraph 1 shall contain the following information for each incumbent installation applying for free allocation:
an identification of the installation and its boundaries using the installation identification code in the Union Registry;
activity information and information on eligibility for free allocation;
an identification of each sub-installation of an installation;
for each sub-installation, the annual activity level and annual emissions in each year of the relevant baseline period;
the competent authority’s assessment on the reduction of free allocation of 20 % in accordance with Article 22a and Article 22b(1), where applicable;
the fulfilment of the conditions related to the additional 30 % free allocation pursuant to Article 22b(3), where applicable;
for each sub-installation, information on whether it belongs to a sector or subsector deemed to be at 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;
for each sub-installation, information on whether the goods produced are listed in Annex I to Regulation (EU) 2023/956, using the CN codes of these goods produced, where applicable;
for each sub-installation, the data reported in accordance with Annex IV.
Article 15
Historical activity level for incumbent installations
The district heating-related historical activity level shall refer to the median of annual historical import from an installation covered by the EU ETS, other than EU ETS installations covered by the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC, production, or both, during the baseline period, of measurable heat which is exported for the purposes of district heating expressed as terajoule per year.
If a sub-installation has been operating for less than two calendar years during the relevant baseline period, the historical activity level shall be the activity level of the first calendar year of operation after the calendar year where the start of normal operation occurs of this sub-installation.
If a sub-installation has been operating for less than one calendar year after the start of normal operation during the baseline period, the historical activity level shall be determined when the activity level report for the first calendar year after the calendar year where the start of normal operation occurs is submitted.
Article 16
Allocation at installation level for incumbent installations
For the purpose of the calculation referred to in paragraph 1, Member States shall first determine the preliminary annual number of emission allowances allocated free of charge for each sub-installation separately, as follows:
for product benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of that product benchmark for the relevant allocation period, adopted in accordance with Article 10a(2) of Directive 2003/87/EC, multiplied by the relevant product-related historical activity level;
for heat benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the heat benchmark for measurable heat for the relevant allocation period, adopted in accordance with Article 10a(2) of Directive 2003/87/EC, multiplied by the heat-related historical activity level for the consumption or export to non-ETS installations or other entities of measurable heat other than district heating;
for district heating sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the heat benchmark for measurable heat for the relevant allocation period, adopted in accordance with Article 10a(2) of Directive 2003/87/EC, multiplied by the district heating-related historical activity level;
for fuel benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the fuel benchmark for the relevant five-year period, adopted in accordance with Article 10a(2) of Directive 2003/87/EC, multiplied by the fuel-related historical activity level for the energy consumed;
for process emissions sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the process-related historical activity level multiplied by 0,97 for the years until 31 December 2027 and by 0,91 for the years 2028 and onwards.
If a sub-installation has been operating for less than one calendar year after the start of normal operation during the baseline period, the preliminary allocation for the relevant alloction period shall be determined after the historical activity level has been reported.
By way of derogation from the first subparagraph, for district heating sub-installations, the factor to be applied shall be 0,3.
From 2026, the preliminary annual number of emission allowances allocated free of charge for product benchmark sub-installations for the relevant allocation period shall be reduced by the annual historical emissions stemming from waste gases flared, with the exception of safety flaring, and not used for the purpose of the production of measurable heat, non-measurable heat or electricity.
Where an installation encompasses sub-installations producing pulp (short fibre kraft pulp, long fibre kraft pulp, thermo-mechanical pulp and mechanical pulp, sulphite pulp or other pulp not covered by a product benchmark) exporting measurable heat to other technically connected sub-installations, the preliminary amount of emission allowances allocated free of charge shall, without prejudice to the preliminary annual numbers of emission allowances allocated free of charge for other sub-installations of the installation concerned, only take into account the preliminary annual number of emission allowances allocated free of charge, to the extent that pulp products produced by this sub-installation are placed on the market and not processed into paper in the same or other technically connected installations.
By way of derogation from the first subparagraph, the final annual amount of emission allowances allocated free of charge shall be 100 % of the preliminary annual amount of emission allowances allocated free of charge to each installation whose sub-installations with greenhouse gas emission levels below the average of the 10 % most efficient sub-installations for the relevant benchmarks in the period referred to in Article 10a(2), third subparagraph, point (c), of Directive 2003/87/EC, cover more than 60 % of the preliminary annual amount of emission allowances allocated free of charge for this installation.
Article 17
Historical activity level for new entrants
Member States shall determine historical activity levels of each new entrant and its sub-installations as follows:
the product-related historical activity level shall be, for each product for which a product benchmark has been determined as referred to in Annex I to this Regulation or pursuant to Article 24 of Directive 2003/87/EC, the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the production of this product of the sub-installation concerned;
the heat-related historical activity level shall be the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the import from an installation covered by the EU ETS, other than installations covered by the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC, production, or both, of measurable heat consumed within the installation’s boundaries for the production of products, for the production of mechanical energy other than used for the production of electricity, for heating or cooling with the exception of the consumption for the production of electricity, or exported to an installation or other entity not covered by the EU ETS with the exception of the export for the production of electricity;
the district heating-related historical activity level shall be the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the import from an installation covered by the EU ETS other than installations covered by the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC, production, or both, of measurable heat which is exported for the purposes of district heating;
the fuel-related historical activity level shall be the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the consumption of energy used for the primary purpose of the production of non-measurable heat consumed for the production of products, for the production of mechanical energy other than used for the production of electricity, for heating or cooling with the exception of the consumption for the production of electricity, and including safety flaring, of the installation concerned;
the process emissions-related activity level shall be the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the production of process emissions of the process unit;
by way of derogation from point (a), the product-related historical activity level for products to which the product benchmarks referred to in Annex III apply shall be the activity level of the first calendar year after the calendar year where the start of normal operation occurs for the production of this product of the sub-installation concerned, determined by applying the formulas set out in that Annex.
Article 18
Allocation to new entrants
For the purposes of the free allocation of emission allowances to new entrants, Member States shall calculate the preliminary annual number of emission allowances allocated free of charge as of the start of normal operation of the installation for each sub-installation separately, as follows:
for each product benchmark sub-installation, heat benchmark sub-installation and fuel benchmark sub-installation, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of that benchmark for the relevant period multiplied by the relevant historical activity level;
for each process emissions sub-installation, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the process-related historical activity level multiplied by 0,97 for the years until 31 December 2027 and by 0,91 for the years 2028 and onwards.
Article 16(3), (4), (4a), (5) and (7) shall apply mutatis mutandis to the calculation of the preliminary annual number of emission allowances allocated free of charge to new entrants.
Emission allowances from the new entrants reserve created pursuant to Article 10a(7) of Directive 2003/87/EC shall be allocated by the Commission on a first come, first served basis as from receipt of that notification.
The Commission may reject the preliminary annual amount of emission allowances allocated free of charge to a specific installation.
Article 19
Allocation in respect of steam cracking
By way of derogation from Article 16(2), point (a), and Article 18(1), point (a), the preliminary annual number of emission allowances allocated free of charge for a product benchmark sub-installation and relating to the production of high value chemicals (HVC) shall correspond to the value of the steam cracking product benchmark for the relevant allocation period multiplied by the historical activity level determined in accordance with Annex III. To the result of that calculation, 1,78 tonnes of carbon dioxide per tonne of hydrogen times the median historical production of hydrogen from supplemental feed expressed in tonnes of hydrogen, 0,24 tonnes of carbon dioxide per tonne of ethylene times the median historical production of ethylene from supplemental feed expressed in tonnes of ethylene, and 0,16 tonnes of carbon dioxide per tonne of HVC times the median historical production of other high value chemicals than hydrogen and ethylene from supplemental feed expressed in tonnes of HVC, shall be added.
Article 20
Allocation in respect of vinyl chloride monomer
By way of derogation from Article 16(2), point (a), and Article 18(1), point (a), the preliminary annual number of emission allowances allocated free of charge for a sub-installation and relating to the production of vinyl chloride monomer (VCM) shall correspond to the value of the VCM benchmark for the relevant allocation period multiplied by the historical activity level for VCM production expressed as tonnes and multiplied by the quotient of the direct emissions for the production of VCM including emissions from net imported heat, calculated on the basis of the historical net heat import expressed as terajoules times the value of the heat benchmark for the relevant allocation period, over the baseline period referred to in Article 15(2) or of the first calendar year after the calendar year where the start of normal operation occurs referred to in Article 17, point (a), as appropriate, expressed as tonnes of carbon dioxide equivalent and the sum of those direct emissions and the hydrogen-related emissions for the production of VCM over the baseline period referred to in Article 15(2) or of the first calendar year after the calendar year where the start of normal operation occurs referred to in Article 17, point (a), as appropriate, expressed as tonnes of carbon dioxide equivalent calculated on the basis of the historical heat consumption stemming from hydrogen combustion expressed as terajoules times the value of the heat benchmark for the relevant allocation period.
Article 21
Heat flows between installations
Where a product-benchmark sub-installation encompasses measurable heat imported from an installation or other entity not included in the EU ETS or only included for the purposes of Articles 14 and 15 of Directive 2003/87/EC, the preliminary annual number of emission allowances allocated free of charge for the product benchmark sub-installation concerned determined pursuant to Article 16(2), point (a), or Article 18(1), point (a), as appropriate, shall be reduced by the amount of heat historically imported from an installation or other entity not included in the EU ETS or only included for the purposes of Articles 14 and 15 of that Directive in the year concerned multiplied by the value of the heat benchmark for measurable heat for the relevant allocation period.
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Article 22a
Conditionality of free allocation on implementation of energy efficiency improvement measures
By way of derogation from the first subparagraph, no such reduction shall apply if the operator can demonstrate to the satisfaction of the competent authority that any of the following conditions apply:
the pay-back time for the relevant investments of a recommendation exceeds three years;
the investment costs for the implementation of a recommendation exceed either of the following thresholds:
5 % of the installation’s annual turnover or 25 % of the installation’s profit, calculated on the basis of the corresponding annual averages over the three calendar years prior to the date on which the application for free allocation shall be submitted in accordance with Article 4;
50 % of the average annual economic equivalent of the amount reduced in accordance with the first subparagraph from the final annual amount of emission allowances allocated free of charge pursuant to Article 16(8) calculated based on the average price of allowances on the common auction platform in the relevant calendar year preceding the application referred to in Article 4(2);
other measures have been implemented during or after the relevant baseline period which lead to greenhouse gas emission reductions within the installation equivalent to those recommended by the energy audit report or the certified energy management system under Article 8 of Directive 2012/27/EU;
the recommendations would not lead to energy savings within the system boundaries of the industrial process carried out at the installation;
the installation-specific operating conditions, including planned or unplanned periods of maintenance, based on which the pay-back period referred to under point (a) was determined, have not occurred yet;
the recommendations of the audit report or of the certified energy management system were not issued during the first four years of the relevant baseline period.
Where relevant, the verifier shall check, as part of the verification of the annual activity level report in accordance with Article 7 of Commission Implementing Regulation (EU) 2018/2067 ( 4 ), whether the recommendations referred to in paragraph 1, first subparagraph, are implemented and whether the conditions set out in paragraph 1, second subparagraph, are met, where applicable.
The competent authority shall only consider the recommendations referred to in paragraph 1, first subparagraph, as implemented where all of the following conditions are met:
the operator demonstrates the completion of the implementation of those recommendations;
the verifier has confirmed the completion referred to in point (a) in accordance with paragraph 3.
Article 22b
Conditionality of free allocation on climate-neutrality plans
By way of derogation from the first subparagraph, no such reduction shall apply if the following conditions are fulfilled:
the operator of an installation referred to in the first subparagraph has submitted a climate-neutrality plan for its activities covered by Directive 2003/87/EC to the competent authority by 30 May 2024, or as appropriate, pursuant to Article 4 of this Regulation as part of the application for free allocation;
the achievement of the targets and milestones referred to in Article 10b(4), third subparagraph, point (b), of Directive 2003/87/EC has been confirmed by the verification carried out in accordance with Article 10b(4), fourth subparagraph, of that Directive;
the competent authority has checked and deemed compliant the content and format of the climate-neutrality plan pursuant to paragraph 4.
For the purposes of Article 10b(4), second, third and fourth subparagraphs, of Directive 2003/87/EC, the preliminary annual number of emission allowances allocated free of charge to a district heating sub-installation, calculated in accordance with Article 16, paragraphs 2 and 3, of this Regulation, shall be increased by 30 % of the number calculated in accordance with paragraph 2 of Article 16, where the operator of a district heating sub-installation has submitted an application in accordance with Article 4 of this Regulation and where, in respect of the period until the end of 2025 or in respect of the period from 2026 to 2030, all of the following conditions are met:
the installation or district heating company is located in a Member State that meets the criteria set out in Article 10b(4), second subparagraph, of Directive 2003/87/EC and as referred to in Annex VIII;
the installation or district heating company invested a volume at least equivalent to the economic value of the additional number of free allowances for the period from 2026 to 2030, in accordance with the intermediate targets and milestones as set out in the climate-neutrality plan to measure, by 31 December 2025 and by 31 December of each fifth year thereafter, progress made towards reaching climate-neutrality;
the investment referred to under point (b) leads to significant emission reductions before 2030;
the installation or district heating company submits a climate neutrality plan by 30 May 2024 pursuant to Article 4(1) or as appropriate, for its activities covered by Directive 2003/87/EC;
the achievement of the targets and milestones referred to in Article 10b(4), third subparagraph, point (b), of Directive 2003/87/EC is confirmed by the verification carried out in accordance with Article 10b(4), fourth subparagraph, of that Directive;
the competent authority has checked and deemed compliant the content and format of the climate-neutrality plan pursuant to paragraph 4.
For the purposes of point (b), the economic value of the additional 30 % allowances shall be determined by multiplying the additional number of free allowances over the period from 2026 to 2030 by the average price of allowances on the common auction platform in the calendar year preceding the application referred to in Article 4(2) and multiplied by the factor determined in accordance with Article 14(6), as applicable to the installation.
For the purposes of point (c), emission reductions are significant where the specific emissions, expressed as tonnes of CO2 per terajoules of district heating supplied, of the installation or district heating company are reduced below the average specific emissions during the relevant baseline period with an emission reduction rate equivalent to the application of the linear reduction factors referred to in Article 9 of Directive 2003/87/EC, starting from the mid-point of the relevant baseline period.
Article 22c
Non-cumulative nature of the 20 % reduction in Articles 22a and 22b
The 20 % reduction referred to in Articles 22a and 22b shall be applied to an installation only once in the relevant allocation period.
Article 22d
Update of the climate-neutrality plan
Article 22e
Publication of the climate-neutrality plan
Article 23
Changes to the allocation of an installation
The competent authority shall submit the relevant information pursuant to the first subparagraph using an electronic system operated by the Commission.
Article 24
Renunciation of free allocation of allowances
The revised allocation shall concern the calendar years following the year of the application referred to in the paragraph 1.
Article 25
Mergers and splits
The operators of new installations resulting from a merger or a split shall provide the following documentation to the competent authority, as appropriate:
names, addresses and contact data of the operators of the previously separate or single installations;
names, addresses and contact data of the operators of the newly formed installation;
a detailed description of the boundaries of the installation parts concerned if applicable;
the permit identifier and the identification code of the newly formed installation(s) in the Union Registry.
Based on the data received pursuant to paragraph 2, the competent authority shall determine the historical activity levels in the baseline period for each sub-installation of each newly formed installation after the merger or split. In the case that a sub-installation is split into two or more sub-installations, the historical activity level and allocation to the sub-installations after the split shall be based on the historical activity levels in the baseline period of the respective technical units of the installation before the split.
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Article 26
Cessation of operations of an installation
An installation is deemed to have ceased operations where any of the following conditions is met:
the relevant greenhouse gas emissions permit has expired or been withdrawn, including if the installation no longer meets the thresholds of the activities listed in Annex I to Directive 2003/87/EC;
the installation is no longer operating and it is technically impossible to resume operation.
CHAPTER IV
Final provisions
Article 27
Repeal of Decision 2011/278/EU
Decision 2011/278/EU is repealed with effect from 1 January 2021. However, it shall continue to apply to allocations relating to the period prior to 1 January 2021.
Article 28
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Benchmarks
1. Definition of product benchmarks and system boundaries without collection of data on electricity consumption
|
Product benchmark |
Definition of products covered |
Definition of processes and emissions covered (system boundaries) |
Starting point for determination of annual reduction rate for benchmark value update (allowances/t) |
|
Coke |
Coke-oven coke (obtained from the carbonisation of coking coal, at high temperature) or gas-works coke (by-product of gas-works plants) expressed in tonnes of dry coke, determined at the discharge of the coke oven or gas-works plant. Lignite coke is not covered by this benchmark. Coking in refineries is not included but covered by the CWT methodology for refineries. |
All processes directly or indirectly linked to the process units coke ovens, H2S/NH3 incineration, coal preheating (defreezing), coke gas extractor, desulphurisation unit, distillation unit, steam generation plant, pressure control in batteries, biological water treatment, miscellaneous heating of by-products and hydrogen separator are included. Coke oven gas cleaning is included. |
0,286 |
|
Agglomerated iron ore |
Agglomerated iron-bearing product containing iron ore fines, fluxes and possibly iron-containing recycling materials with the chemical and physical properties such as the level of basicity, mechanical strength and permeability required to deliver iron and necessary flux materials into iron ore reduction processes. Expressed in tonnes of agglomerated ore as leaving the agglomerated iron ore production plant. Agglomerated iron ore returned to the production process is not to be considered as part of the product. |
All processes directly or indirectly linked to the production of agglomerated iron ore are included. |
0,171 |
|
Hot metal |
Iron produced from iron ores for primary steelmaking including (a) liquid iron saturated with carbon for further processing, considered as product of blast furnaces, and expressed in tonnes of liquid iron at the exit point of the blast furnace, excluding liquid iron produced from sponge iron under (b); (b) sponge iron at the exit point of a direct reduced iron reactor, and expressed in tonnes of sponge iron at the exit point of the direct reduced iron reactor. Similar products such as ferroalloys are not covered by this product benchmark. Residual material and by-products are not to be considered as part of the product. |
All processes directly or indirectly linked to the process units blast furnace, hot metal treatment units, blast furnace blowers, blast furnace hot stoves, direct reduced iron reactor, electric arc furnace and electric smelting furnace for sponge iron, basic oxygen furnace, secondary metallurgy units, vacuum ladles, casting units (including cutting), slag treatment unit, burden preparation, BF and other gas treatment units, dedusting units, scrap pre-heating, coal drying for PCI, vessels preheating stands, casting ingots preheating stands, compressed air production, dust treatment unit (briquetting), sludge treatment unit (briquetting), steam injection in BF unit, steam generation plant, converter BOF gas cooling and miscellaneous are included. |
1,328 |
|
Pre-bake anode |
Anodes for aluminium electrolysis use consisting of petrol coke, pitch and normally recycled anodes, which are formed to shape specifically intended for a particular smelter and baked in anode baking ovens to a temperature of around 1 150 °C. Söderberg anodes are not covered by this product benchmark. |
All processes directly or indirectly linked to the production of pre-bake anodes are included. |
0,324 |
|
Aluminium |
Unwrought non-alloy liquid aluminium from electrolysis. Expressed in tonnes measured between the electrolysis section and the holding furnace of the cast house, before alloys and secondary aluminium are added. |
All processes directly or indirectly linked to the production step electrolysis are included. Emissions resulting from holding furnaces and casting, and emissions related to anode productions are excluded. |
1,514 |
|
Grey cement clinker |
Grey cement clinker or alternative hydraulic binders for the production of cement, as total amount of hydraulic binder produced. Products produced within the system boundaries of other product benchmarks or as by-product or waste of other production processes are not covered by this benchmark, including fly ash, blast-furnace slag, steel slag, silica fume, paper sludge. |
All processes directly or indirectly linked to the production of grey cement clinker or alternative hydraulic binders are included. |
0,766 |
|
White cement clinker |
White cement clinker or alternative hydraulic binders for use as main binding component in the formulation of materials such as joint filers, ceramic tile adhesives, insulation, and anchorage mortars, industrial floor mortars, ready mixed plaster, repair mortars, and water-tight coatings with maximum average contents of 0,4 mass-% Fe2O3, 0,003 mass-% Cr2O3 and 0,03 mass-% Mn2O3. Expressed in tonnes of hydraulic binders (as 100 % clinker/alternative hydraulic binders). Products produced within the system boundaries of other product benchmarks or as by-product or waste of other production processes are not covered by this benchmark, including fly ash, blast-furnace slag, steel slag, silica fume, paper sludge. |
All processes directly or indirectly linked to the production of white cement clinker or alternative hydraulic binders are included. |
0,987 |
|
Lime |
Quicklime: calcium oxide (CaO) produced by the decarbonation of limestone (CaCO3). Expressed in tonnes of ‘standard pure’ defined as lime with a free CaO content of 94,5 %. Lime produced and consumed in the same installation for purification processes is not covered by this product benchmark. The internal lime production of the pulp sector is already covered by the respective pulp benchmarks and is therefore not eligible for additional allocation based on the lime benchmark. |
All processes directly or indirectly linked to the production of lime are included. |
0,954 |
|
Dolime |
Dolime or calcined dolomite as mixture of calcium and magnesium oxides produced by the decarbonation of dolomite (CaCO3 · MgCO3) with a residual CO2 exceeding 0,25 %, a free MgO content between 25 % and 40 % and a bulk density of the commercial product below 3,05 g/cm3. Dolime shall be expressed as ‘standard pure dolime’ quality with a free CaO content of 57,4 % and a free MgO content of 38,0 %. |
All processes directly or indirectly linked to the production of dolime are included, in particular fuel preparation, calcination/sintering and flue gas treatment. |
1,072 |
|
Sintered dolime |
Mixture of calcium and magnesium oxides used solely for the production of refractory bricks and other refractory products with a minimum bulk density of 3,05 g/cm3. Expressed in tonnes of saleable sintered dolime. |
All processes directly or indirectly linked to the production of sintered dolime are included. |
1,449 |
|
Float glass |
Float/ground/polish glass. (as tons of glass exiting the lehr). |
All processes directly or indirectly linked to the production steps melter, refiner, working end, bath and lehr are included. Finishing workshops that can be physically separated from the upstream process, such as offline coating, laminating and toughening are excluded. |
0,453 |
|
Bottles and jars of colourless glass |
Bottles of colourless glass of a nominal capacity < 2,5 litres, produced in a furnace where there is no deliberate addition of colour for beverages and foodstuffs (excluding bottles covered with leather or composition leather; infant's feeding bottles) except extra-white flint products with an iron oxide content expressed as percent Fe2O3 by weight lower than 0,03 % and colour co-ordinates of L in the range 100 to 87, of a in the range 0 to – 5 and of b in the range 0 to 3 (using the CIELAB advocated by the Commission Internationale d'éclairage) expressed as tonnes of packed product. |
All processes directly or indirectly linked to the production steps materials handling, melting, forming, downstream processing, packaging and ancillary processes are included. |
0,382 |
|
Bottles and jars of coloured glass |
Bottles of coloured glass of a nominal capacity < 2,5 litres, for beverages and foodstuffs (excluding bottles covered with leather or composition leather; infant's feeding bottles), not meeting the definition of the product benchmark for bottles and jars of colourless glass, expressed as tonnes of packed product. |
All processes directly or indirectly linked to the production steps materials handling, melting, forming, downstream processing, packaging and ancillary processes are included. |
0,306 |
|
Continuous filament glass fibre products |
Melted glass for the production of continuous filament glass fibre products namely chopped strands, rovings, yarns and staple glass fibre and mats, expressed as tonnes of melted glass exiting the forehearth calculated from the quantity of raw material input into the furnace after subtraction of the volatile gaseous emissions. Mineral wool products for thermal, acoustic and fire insulation are not covered by this benchmark. |
All processes directly or indirectly linked to the production processes glass melting in the furnaces and glass refining in the forehearths are included, in particular direct CO2 emissions associated to these process CO2 emissions resulting from the decarbonatisation of the glass mineral raw materials during the melting process. Downstream processes to convert the fibres into sellable products are not included in this product benchmark. Supporting processes such as material handling are ragarded as utilities and are outside the system boundaries. |
0,406 |
|
Facing bricks |
Facing bricks with a density > 1 000 kg/m3 used for masonry based on EN 771-1, excluding pavers, clinker bricks and blue braised facing bricks. |
All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. |
0,139 |
|
Pavers |
Clay bricks of any color used for flooring according to EN 1344. Expressed in tonnes of paves as net saleable product. |
All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. |
0,192 |
|
Roof tiles |
Clay roofing tiles as defined in EN 1304:2005 excluding blue braised roof tiles and accessories. Expressed in tonnes of saleable roof tiles. |
All processes directly or indirectly linked to the production processes raw material preparation, component mixing, forming and shaping of ware, drying of ware, firing of ware, product finishing and flue gas cleaning are included. |
0,144 |
|
Spray dried powder |
Spray-dried powder for the production of dry-pressed wall and floor tiles. Expressed in tonnes of powder produced. |
All processes directly or indirectly linked to the production of spray-dried powder are included. |
0,076 |
|
Plaster |
Plasters consisting of calcined gypsum or calcium sulphate (including for use in building, for use in dressing woven fabrics or surfacing paper, for use in dentistry, for use in land remediation), in tonnes of stucco (saleable production). Alpha plaster, plaster that is further processed to plasterboard and the production of the intermediate product dried secondary gypsum are not covered by this product benchmark. |
All processes directly or indirectly linked to the production steps milling, drying and calcining are included. |
0,048 |
|
Dried secondary gypsum |
Dried secondary gypsum (synthetic gypsum produced as a recycled by-product of the power industry or recycled material from construction waste and demolition) expressed as tonnes of product. |
All processes directly or indirectly linked to the drying of secondary gypsum are included |
0,017 |
|
Short fibre kraft pulp |
Short fibre kraft pulp is a wood pulp produced by the sulphate chemical process using cooking liquor, characterised by fibre lengths of 1 – 1,5 mm, which is mainly used for products which require specific smoothness and bulk, as tissue and printing paper, expressed as net saleable production in air dried tonnes, measured at the end of the production process, Air dry metric tonne of pulp meaning dry solids content of 90 %. |
All processes which are part of the pulp production process (in particular the pulp mill, recovery boiler, pulp drying section and lime kiln and connected energy conversion units (boiler/CHP)) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,12 |
|
Long fibre kraft pulp |
Long fibre kraft pulp is a wood pulp produced by the sulphate chemical process using cooking liquor, characterised by fibre lengths of 3 – 3,5 mm, including bleached and unbleached pulp, expressed as net saleable production in air dried tonnes, measured at the end of the production process. Air dry metric tonne of pulp meaning dry solids content of 90 %. |
All processes which are part of the pulp production process (in particular the pulp mill, recovery boiler, pulp drying section and lime kiln and connected energy conversion units (boiler/CHP)) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,06 |
|
Sulphite pulp, thermo-mechanical and mechanical pulp |
Sulphite pulp produced by a specific pulp making process, e.g. pulp produced by cooking wood chips in a pressure vessel in the presence of bisulphite liquor expressed as net saleable production in air dried metric tonnes measured at the end of the production process. Air dry metric tonne of pulp meaning dry solids contents of 90 %. Sulphite pulp can be either bleached or unbleached. Mechanical pulp grades: TMP (thermomechanical pulp) and groundwood as net saleable production in air dried metric tonnes measured at the end of the production process. Air dry metric tonne of pulp meaning dry solids contents of 90 %. Mechanical pulp can be either bleached or unbleached. Not covered by this group are the smaller subgroups of semichemical pulp CTMP – chemi-thermomechanical pulp and dissolving pulp. |
All processes which are part of the pulp production process (in particular the pulp mill, recovery boiler, pulp drying section and lime kiln and connected energy conversion units (boiler/CHP)) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,02 |
|
Recovered paper pulp |
Pulps of fibres derived from recovered (waste and scrap) paper or paperboard or of other fibrous cellulosic material expressed in tonnes of saleable production in air dried metric tonnes measured at the end of the production process. Air dry metric tonne of pulp meaning dry solids contents of 90 %. In case of pulp production, the production is defined as the total pulp produced including both pulp for internal delivery to a paper mill and market pulp. |
All processes which are part of the production of pulp from recovered paper and connected energy conversion units (boiler/CHP)) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,039 |
|
Newsprint |
Specific paper grade (in rolls or sheets) expressed as net saleable production in air dried tonnes, defined as paper with 6 % moisture content. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,298 |
|
Uncoated fine paper |
Uncoated fine paper, covering both uncoated mechanical and uncoated woodfree expressed as net saleable production in air dried tonnes, defined as paper with 6 % moisture content. 1. Uncoated woodfree papers covers papers suitable for printing or other graphic purposes made from a variety of mainly virgin fibre furnishes, with variable levels of mineral filler and a range of finishing processes. 2. Uncoated mechanical papers cover the specific paper grades made from mechanical pulp, used for packaging or graphic purposes/magazines. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,318 |
|
Coated fine paper |
Coated fine paper covering both coated mechanical and coated woodfree papers expressed as net saleable production in air dried tonnes, defined as paper with 6 % moisture content. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,318 |
|
Tissue |
Tissue papers, covering a wide range of tissue and other hygienic papers for use in households or commercial and industrial premises such as toilet paper and facial tissues, kitchen towels, hand towels and industrial wipes, the manufacture of baby nappies, sanitary towels, etc. TAD – Through Air Dried Tissue is not part of this group. Expressed as tonnes of net saleable production of parent reel in air dried tonnes, defined as paper with 6 % moisture content. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. The conversion of parent reel to finished products is not part of this product benchmark. |
0,334 |
|
Testliner and fluting |
Testliner and fluting expressed as net saleable production in air dried tonnes defined as paper with 6 % moisture content. 1. Testliner covers types of paperboard that meet specific tests adopted by the packaging industry to qualify for use as the outer facing layer for corrugated board, from which shipping containers are made. 2. Fluting refers to the centre segment of corrugated shipping containers, being faced with linerboard (testliner/kraftliner) on both sides. Fluting covers mainly papers made from recycled fibre but this group also holds paperboard that is made from chemical and semi-chemical pulp. Kraftliner is not inluded in this product benchmark. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,248 |
|
Uncoated carton board |
Various uncoated products (expressed as net saleable production in air dried tonnes, defined as paper with 6 % moisture content) which may be single or multiply. Uncoated carton board is mainly used for packaging applications which the main needed characteristic is strength and stiffness, and for which the commercial aspects as information carrier are of a second order of importance. Carton board is made from virgin and/or recovered fibres, has good folding properties, stiffness and scoring ability. It is mainly used in cartons for consumer products such as frozen food, cosmetics and for liquid containers; also known as solid board, folding box board, boxboard or carrier board or core board. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,237 |
|
Coated carton board |
This benchmark covers a wide range of coated products (expressed as net saleable production in air dried tonnes, defined as paper with 6 % moisture content) which may be single or multiply. Coated carton board is mainly used for commercial applications that need to bring commercial information printed on the packaging to the shelf in the store in applications such as food, pharma, cosmetics, and other. Carton board is made from virgin and/or recovered fibres, and has good folding properties, stiffness and scoring ability. It is mainly used in cartons for consumer products such as frozen food, cosmetics and for liquid containers; also known as solid board, folding box board, boxboard or carrier board or core board. |
All processes which are part of the paper production process (in particular paper or board machine and connected energy conversion units (boiler/CHP) and direct process fuel use) are included. Other activities on site that are not part of this process such as sawmilling activities, woodworking activities, production of chemicals for sale, waste treatment (treating waste onsite instead of offsite (drying, pelletising, incinerating, landfilling), PCC (precipitated calcium carbonate) production, treatment of odorous gases, and district heating are not included. |
0,273 |
|
Nitric acid |
Nitric acid (HNO3), to be recorded in tonnes HNO3 (100 % purity). |
All processes directly or indirectly linked to the production of the benchmarked product as well as the N2O destruction process are included except the production of ammonia. |
0,302 |
|
Adipic acid |
Adipic acid to be recorded in tonnes of dry purified adipic acid stored in silos or packed in (big)bags. Salts and esters of adipic acid are not covered by this product benchmark. |
All processes directly or indirectly linked to the production of the benchmarked product as well as the N2O destruction process are included. |
2,79 |
|
Vinyl chloride monomer (VCM) |
Vinyl chloride (chloroethylene). Expressed in tonnes of vinyl chloride (saleable product, 100 % purity). |
All processes directly or indirectly linked to the production steps direct chlorination, oxychlorination and EDC cracking to VCM are included. Direct chlorination refers to chlorination of ethylene. Oxychlorination refers to chlorination of ethylene with hydrogen chloride (HCl) and oxygen. The incineration of chlorinated hydrocarbons contained in the vent gases of EDC/VCM production is included in the benchmark. The production of oxygen and compressed air used as raw materials in VCM manufacture are excluded from the benchmark. |
0,204 |
|
Phenol/acetone |
Sum of phenol, acetone and the by-product alpha-methyl styrene as total production, expressed in tonnes of saleable product at 100 % purity. |
All processes directly or indirectly linked to the production of phenol and acetone are included, in particular air compression, hydroperoxidation, cumene recovery from spent air, concentration & cleavage, production fractionation & purification, tar cracking, acetophenone recovery & purification, AMS recovery for export, AMS hydrogenation for ISB recycle, initial waste water purification (1st waste water stripper), cooling water generation (e.g., cooling towers), cooling water utilisation (circulation pumps),flare & incinerators (even if physically located OSB) as well as any support fuel consumption. |
0,266 |
|
S-PVC |
Polyvinyl chloride; not mixed with any other substances consisting of PVC particles with a mean size between 50 and 200 μm. Expressed in tonnes of S-PVC (saleable product, 100 % purity). |
All processes directly or indirectly linked to the production of S-PVC are included except the production of VCM. |
0,085 |
|
E-PVC |
Polyvinyl chloride; not mixed with any other substances consisting of PVC particles with a mean size between 0,1 and 3 μm. Expressed in tonnes of E-PVC (saleable product, 100 % purity). |
All processes directly or indirectly linked to the production of E-PVC are included except the production of VCM. |
0,238 |
|
Soda ash |
Disodium carbonate, expressed in tonnes of soda ash as total gross production except dense soda ash obtained as by-product in a caprolactam production network. |
All processes directly or indirectly linked to the process units brine purification, limestone calcination and milk of lime production, carbon dioxide reactors, absorption of ammonia, precipitation of NaHCO3, filtration or separation of NaHCO3 crystals from mother liquor, decomposition of NaHCO3 to Na2CO3, recovery of ammonia and densification or production of dense soda ash are included. |
0,843 |
If no other reference is given, all product benchmarks refer to 1 ton of product produced expressed as saleable (net) production and to 100 % purity of the substance concerned.
All definitions of processes and emissions covered (system boundaries) include flares where they occur.
2. Definition of product benchmarks and system boundaries with collection of data on electricity consumption
|
Product benchmark |
Definition of products covered |
Definition of processes and emissions covered (system boundaries) |
Starting point for determination of annual reduction rate for benchmark value update (allowances/t) |
|
Refinery products |
Mix of refinery products with more than 40 % light products (motor spirit (gasoline) including aviation spirit, spirit type (gasoline type) jet fuel, other light petroleum oils/light preparations, kerosene including kerosene type jet fuel, gas oils) expressed as CO2 weighted tonne (CWT). Refineries with other product mixes are not covered by this product benchmark. |
All processes of a refinery matching the definition of one of the CWT process units as well as ancillary non-process facilities operating inside the refinery fence-line such as tankage, blending, effluent treatment, etc. are included. Lube oils and bitumen processing units located in mainstream refineries are also included in the refinery CWT and emissions envelope. Process units pertaining to other sectors, such as petrochemicals, are sometimes physically integrated with the refinery. Such process units and their emissions are excluded from the CWT approach. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,0295 |
|
EAF carbon steel |
Steel containing less than 8 % metallic alloying elements and tramp elements to such levels limiting the use to those applications where no high surface quality and processability is required and if none of the criteria for the content of the metal alloying elements and the steel quality for high alloy steel are met. Expressed in tonnes of crude secondary steel ex-caster. Steel produced from sponge iron already covered under the hot metal benchmark is not covered by this benchmark. |
All processes directly or indirectly linked to the process units electric arc furnace, secondary metallurgy, casting and cutting, post-combustion unit, dedusting unit, vessels heating stands, casting ingots preheating stands, scrap drying and scrap preheating are included. Processes downstream of casting are not included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,283 |
|
EAF high alloy steel |
Steel containing 8 % or more metallic alloying elements or where high surface quality and processability is required. Expressed in tonnes of crude secondary steel ex-caster. Steel produced from sponge iron already covered under the hot metal benchmark is not covered by this benchmark. |
All processes directly or indirectly linked to the process units electric arc furnace, secondary metallurgy, casting and cutting, post-combustion unit, dedusting unit, vessels heating stands, casting ingots preheating stands, slow cooling pit, scrap drying and scrap preheating are included. The process units FeCr converter and cryogenic storage of industrial gases are not included. Processes downstream of casting are not included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,352 |
|
Iron casting |
Casted iron expressed as tonnes of liquid iron ready alloyed, skinned, and ready for casting. |
All processes directly or indirectly linked to the process steps melting shop, casting shop, core shop and finishing are included. The process step ‘finishing’ refers to operations like fettling but not general matching, heat treatment or painting which are not covered by the system boundaries of this product benchmark. For the purpose of data collection, only the electricity consumption of melting processes within the system boundaries shall be considered. |
0,325 |
|
Mineral wool |
Mineral wool insulation products for thermal, acoustic and fire applications manufactured using glass, rock or slag. Expressed in tonnes of mineral wool (saleable product). |
All processes directly or indirectly linked to the production steps melting, fiberizing and injection of binders, curing and drying and forming are included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,682 |
|
Plasterboard |
The benchmark covers boards, sheets, panels, tiles, similar articles of plaster/compositions based on plaster, (not) faced/reinforced with paper/paperboard only, excluding articles agglomerated with plaster, ornamented (in tonnes of stucco, saleable product). High-density gypsum fibreboards are not covered by this product benchmark. |
All processes directly or indirectly linked to the production steps milling, drying, calcining and board drying are included. For the purpose of data collection, only the electricity consumption of heat pumps applied in the drying stage shall be considered. The production of the intermediary product dried secondary gypsum is not covered by this benchmark. |
0,131 |
|
Carbon black |
Furnace carbon black, expressed in tonnes of furnace carbon black, saleable product, purity above 96 %. Gas- and lamp black products are not covered by this benchmark. |
All processes directly or indirectly linked to the production of furnace carbon black as well as finishing, packaging and flaring are included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. However, only electricity driven devices like pumps and compressors with a rated power of 2 MW or more should be considered. |
1,954 |
|
Ammonia |
Ammonia (NH3), expressed in tonnes produced, 100 % purity. Ammonia produced from hydrogen produced by chloralkali electrolysis or by chlorate production is not covered by this benchmark. |
All processes directly or indirectly linked to the production of the ammonia and the intermediate product hydrogen are included. Ammonia production from other intermediate products is not covered. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
1,619 |
|
Steam cracking |
Mix of high value chemicals (HVC) expressed in tonnes as total mass of acetylene, ethylene, propylene, butadiene, benzene and hydrogen exported out of the cracker perimeter excluding HVC from supplemental feed (hydrogen, ethylene, other HVC) with an ethylene content in the total product mix of at least 30 mass-percent and a content of HVC, fuel gas, butenes and liquid hydrocarbons of together at least 50 mass-percent of the total product mix. |
All processes directly or indirectly linked to the production of high value chemicals as purified product or intermediate product with concentrated content of the respective HVC in the lowest tradable form (raw C4, unhydrogenated pygas) are included except C4 extraction (butadiene plant), C4-hydrogenation, hydrotreating of pyrolysis gasoline & aromatics extraction and logistics/storage for daily operation. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,702 |
|
Aromatics |
Mix of aromatics expressed as CO2 weighted tonne (CWT). |
All processes directly or indirectly linked to the aromatics sub-units pygas hydrotreater, benzene/toluene/xylene (BTX) extraction, TDP, HDA, xylene isomerisation, P-xylene units, cumene production and Cyclo-hexane production are included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,0295 |
|
Styrene |
Styrene monomer (vinyl benzene, CAS number: 100-42-5). Expressed in tonnes of styrene (saleable product). |
All processes directly or indirectly linked to the production of styrene as well as the intermediate product ethylbenzene (with the amount used as feed for the styrene production) are included. For installations producing both propylene oxide and styrene monomer, the facilities exclusively dedicated to propylene and propylene oxide unit operations are excluded from this benchmark, and shared facilities are covered in proportion to the production in tonnes of the styrene monomer production. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,527 |
|
Hydrogen |
Pure hydrogen and mixtures of hydrogen and carbon monoxide having a hydrogen content ≥ 60 % volume fraction of total contained hydrogen plus carbon monoxide based on the aggregation of all hydrogen and carbon-monoxide-containing product streams exported from the sub-installation concerned expressed as tonnes of 100 % pure hydrogen, as net saleable product. Hydrogen used for ammonia production is not covered by this benchmark but under the ammonia benchmark. Hydrogen produced by chloralkali electrolysis or by chlorate production or released from chemical conversion from hydrogen carriers used to transport hydrogen from production facilities is not covered by this benchmark. |
All relevant process elements directly or indirectly linked to the production of hydrogen and the separation of hydrogen and car bon monoxide are included. These elements lie between: (a) the point(s) of entry of feedstock(s) and, if separate, fuel(s); (b) the points of exit of all product streams containing hydrogen and/or carbon monoxide; (c) the point(s) of entry or exit of import or export heat. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
8,85 |
|
Synthesis gas (syngas) |
Mixtures of hydrogen and carbon monoxide having a hydrogen content < 60 % volume fraction of total contained hydrogen plus carbon monoxide based on the aggregation of all hydrogen and carbon-monoxide-containing product streams exported from the sub-installation concerned. Expressed in tonnes of synthesis gas referred to 47 volume-percent hydrogen as net saleable product. |
All relevant process elements directly or indirectly linked to the production of syngas and the separation of hydrogen and carbon monoxide are included. These elements lie between: (a) the point(s) of entry of feedstock(s) and, if separate, fuel(s); (b) the points of exit of all product streams containing hydrogen and/or carbon monoxide; (c) the point(s) of entry or exit of import or export heat. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,242 |
|
Ethylene oxide/ethylene glycols |
The ethylene oxide/ethylene glycol benchmark covers the products ethylene oxide (EO, high purity), monoethylene glycol (MEG, standard grade + fibre grade (high purity)), diethylene glycol (DEG), triethylene glycol (TEG). The total amount of products is expressed in terms of tonnes of EO-equivalents (EOE), which are defined as the amount of EO (in mass) that is embedded in one mass unit of the specific glycol. |
All processes directly or indirectly linked to the process units EO production, EO purification and glycol section are included. For the purpose of data collection, the total electricity consumption within the system boundaries shall be considered. |
0,512 |
If no other reference is given, all product benchmarks refer to 1 tonne of product produced expressed as saleable (net) production and to 100 % purity of the substance concerned.
All definitions of processes and emissions covered (system boundaries) include flares where they occur.
3. Heat and fuel benchmarks
|
Benchmark |
Starting point for determination of annual reduction rate for benchmark value update (allowances/TJ) |
|
Heat benchmark |
62,3 |
|
Fuel benchmark |
56,1 |
ANNEX II
Specific product benchmarks
1. Refineries benchmark: CO2 weighted tonne (CWT) functions
|
CWT function |
Description |
Basis (kt/a) (*1) |
CWT factor |
|
Atmospheric Crude Distillation |
Mild Crude Unit, Standard Crude Unit |
F |
1,00 |
|
Vacuum Distillation |
Mild Vacuum Fractionation, Standard Vacuum Column, Vacuum Fractionating Column Vacuum distillation factor also includes average energy and emissions for Heavy Feed Vacuum (HFV) unit. Since this is always in series with the Mild Vacuum Unit (MVU), HFV capacity is not counted separately. |
F |
0,85 |
|
Solvent Deasphalting |
Conventional Solvent, Supercritical Solvent |
F |
2,45 |
|
Visbreaking |
Atmospheric Residuum (w/o a Soaker Drum), Atmospheric Residuum (with a Soaker Drum), Vacuum Bottoms Feed (w/o a Soaker Drum), Vacuum Bottoms Feed (with a Soaker Drum) Visbreaking factor also includes average energy and emissions for Vacuum Flasher Column (VAC VFL) but capacity is not counted separately. |
F |
1,40 |
|
Thermal Cracking |
Thermal cracking factor also includes average energy and emissions for Vacuum Flasher Column (VAC VFL) but capacity is not counted separately. |
F |
2,70 |
|
Delayed Coking |
Delayed Coking |
F |
2,20 |
|
Fluid Coking |
Fluid Coking |
F |
7,60 |
|
Flexicoking |
Flexicoking |
F |
16,60 |
|
Coke Calcining |
Vertical-Axis Hearth, Horizontal-Axis Rotary Kiln |
P |
12,75 |
|
Fluid Catalytic Cracking |
Fluid Catalytic Cracking, Mild Residuum Catalytic Cracking, Residual Catalytic Cracking |
F |
5,50 |
|
Other Catalytic Cracking |
Houdry Catalytic Cracking, Thermofor Catalytic Cracking |
F |
4,10 |
|
Distillate/Gasoil Hydrocracking |
Mild Hydrocracking, Severe Hydrocracking, Naphtha Hydrocracking |
F |
2,85 |
|
Residual Hydrocracking |
H-Oil, LC-Fining™ and Hycon |
F |
3,75 |
|
Naphtha/Gasoline Hydrotreating |
Benzene Saturation, Desulfurisation of C4–C6 Feeds, Conventional Naphtha H/T, Diolefin to Olefin Saturation, Diolefin to Olefin Saturation of Alkylation Feed, FCC Gasoline hydrotreating with minimum octane loss, Olefinic Alkylation of Thio S, S-Zorb™ Process, Selective H/T of Pygas/Naphtha, Pygas/Naphtha Desulfurisation, Selective H/T of Pygas/Naphtha Naphtha hydrotreating factor includes energy and emissions for Reactor for Selective H/T (NHYT/RXST) but capacity is not counted separately. |
F |
1,10 |
|
Kerosene/Diesel Hydrotreating |
Aromatic Saturation, Conventional H/T, Solvent aromatics hydrogenation, Conventional Distillate H/T, High Severity Distillate H/T, Ultra-High Severity H/T, Middle Distillate Dewaxing, S-Zorb™ Process, Selective Hydrotreating of Distillates |
F |
0,90 |
|
Residual Hydrotreating |
Desulfurisation of Atmospheric Residuum Desulfurisation of Vacuum Residuum |
F |
1,55 |
|
VGO Hydrotreating |
Hydrodesulphurisation/denitrification, Hydrodesulphurisation |
F |
0,90 |
|
Hydrogen Production |
Steam Methane Reforming, Steam Naphtha Reforming, Partial Oxidation Units of Light Feeds Factor for hydrogen production includes energy and emissions for purification (H2PURE), but capacity is not counted separately. |
P (referred to 100 % hydrogen) |
300,00 |
|
Catalytic Reforming |
Continuous Regeneration, Cyclic, Semi-Regenerative, AROMAX |
F |
4,95 |
|
Alkylation |
Alkylation with HF Acid, Alkylation with Sulfuric Acid, Polymerisation C3 Olefin Feed, Polymerisation C3/C4 Feed, Dimersol Factor for alkylation/polymerisation includes energy and emissions for acid regeneration (ACID), but capacity is not counted separately. |
P |
7,25 |
|
C4 Isomerisation |
C4 Isomerisation Factor also includes energy and emissions related to average EU27 special fractionation (DIB) correlated with C4 isomerisation. |
R |
3,25 |
|
C5/C6 Isomerisation |
C5/C6 Isomerisation Factor also includes energy and emissions related to average EU27 special fractionation (DIH) correlated with C5 isomerisation. |
R |
2,85 |
|
Oxygenate Production |
MBTE Distillation Units, MTBE Extractive Units, ETBE, TAME, Isooctene Production |
P |
5,60 |
|
Propylene Production |
Chemical Grade, Polymer grade |
F |
3,45 |
|
Asphalt Manufacture |
Asphalt & Bitumen Manufacture Production figure should include Polymer-Modified Asphalt. CWT factor includes blowing |
P |
2,10 |
|
Polymer-Modified Asphalt Blending |
Polymer-Modified Asphalt Blending |
P |
0,55 |
|
Sulphur Recovery |
Sulphur Recovery Factor for sulfur recovery includes energy and emissions for tail gas recovery (TRU) and H2S Springer Unit (U32), but capacity is not counted separately. |
P |
18,60 |
|
Aromatic Solvent Extraction |
ASE: Extraction Distillation, ASE: Liquid/Liquid Extraction, ASE: Liq/Liq w/Extr. Distillation CWT factor cover all feeds including Pygas after hydrotreatment. Pygas hydrotreating should be accounted under naphtha hydrotreatment. |
F |
5,25 |
|
Hydrodealkylation |
Hydrodealkylation |
F |
2,45 |
|
TDP/TDA |
Toluene Disproportionation/Dealkylation |
F |
1,85 |
|
Cyclohexane production |
Cyclohexane production |
P |
3,00 |
|
Xylene Isomerisation |
Xylene Isomerisation |
F |
1,85 |
|
Paraxylene production |
Paraxylene Adsorption, Paraxylene Crystallisation Factor also includes energy and emissions for Xylene Splitter and Orthoxylene Rerun Column. |
P |
6,40 |
|
Metaxylene production |
Metaxylene production |
P |
11,10 |
|
Phtalic anhydride production |
Phtalic anhydride production |
P |
14,40 |
|
Maleic anhydride production |
Maleic anhydride production |
P |
20,80 |
|
Ethylbenzene production |
Ethylbenzene production Factor also includes energy and emissions for Ethylbenzene distillation. |
P |
1,55 |
|
Cumene production |
Cumene production |
P |
5,00 |
|
Phenol production |
Phenol production |
P |
1,15 |
|
Lube solvent extraction |
Lube solvent extraction: Solvent is Furfural, Solvent is NMP, Solvent is Phenol, Solvent is SO2 |
F |
2,10 |
|
Lube solvent dewaxing |
Lube solvent dewaxing: Solvent is Chlorocarbon, Solvent is MEK/Toluene, Solvent is MEK/MIBK, Solvent is propane |
F |
4,55 |
|
Catalytic Wax Isomerisation |
Catalytic Wax Isomerisation and Dewaxing, Selective Wax Cracking |
F |
1,60 |
|
Lube Hydrocracker |
Lube Hydrocracker w/Multi-Fraction Distillation, Lube Hydrocracker w/Vacuum Stripper |
F |
2,50 |
|
Wax Deoiling |
Wax Deoiling: Solvent is Chlorocarbon, Solvent is MEK/Toluene, Solvent is MEK/MIBK, Solvent is Propane |
P |
12,00 |
|
Lube/Wax Hydrotreating |
Lube H/F w/Vacuum Stripper, Lube H/T w/Multi-Fraction Distillation, Lube H/T w/Vacuum Stripper, Wax H/F w/Vacuum Stripper, Wax H/T w/Multi-Fraction Distillation, Wax H/T w/Vacuum Stripper |
F |
1,15 |
|
Solvent Hydrotreating |
Solvent Hydrotreating |
F |
1,25 |
|
Solvent Fractionation |
Solvent Fractionation |
F |
0,90 |
|
Mol sieve for C10+ paraffins |
Mol sieve for C10+ paraffins |
P |
1,85 |
|
Partial Oxidation of Residual Feeds (POX) for Fuel |
POX Syngas for Fuel |
SG (referred to 47 % hydrogen) |
8,20 |
|
Partial Oxidation of Residual Feeds (POX) for Hydrogen or Methanol |
POX Syngas for Hydrogen or Methanol, POX Syngas for Methanol Factor includes energy and emissions for CO Shift and H2 Purification (U71) but capacity is not counted separately. |
SG (referred to 47 % hydrogen) |
44,00 |
|
Methanol from syngas |
Methanol |
P |
– 36,20 |
|
Air Separation |
Air Separation |
P (MNm3 O2) |
8,80 |
|
Fractionation of purchased NGL |
Fractionation of purchased NGL |
F |
1,00 |
|
Flue gas treatment |
DeSOx and deNOx |
F (MNm3) |
0,10 |
|
Treatment and Compression of Fuel Gas for Sales |
Treatment and Compression of Fuel Gas for Sales |
kW |
0,15 |
|
Seawater Desalination |
Seawater Desalination |
P |
1,15 |
|
(*1)
Net fresh feed (F), Reactor feed (R, includes recycle), Product feed (P), Synthesis gas production for POX units (SG) |
|||
2. Aromatics benchmark: CWT functions
|
CWT function |
Description |
Basis (kt/a) (*1) |
CWT factor |
|
Naphtha/gasoline hydrotreater |
Benzene Saturation, Desulfurisation of C4–C6 Feeds, Conventional Naphtha H/T, Diolefin to Olefin Saturation, Diolefin to Olefin Saturation of Alkylation Feed, FCC Gasoline hydrotreating with minimum octane loss, Olefinic Alkylation of Thio S, S-Zorb™ Process, Selective H/T of Pygas/Naphtha, Pygas/Naphtha Desulfurisation, Selective H/T of Pygas/Naphtha. Naphtha hydrotreating factor includes energy and emissions for Reactor for Selective H/T (NHYT/RXST) but capacity is not counted separately. |
F |
1,10 |
|
Aromatic solvent extraction |
ASE: Extraction Distillation, ASE: Liquid/Liquid Extraction, ASE: Liq/Liq w/Extr. Distillation CWT factor cover all feeds including Pygas after hydrotreatment. Pygas hydrotreating should be accounted under naphtha hydrotreatment. |
F |
5,25 |
|
TDP/TDA |
Toluene Disproportionation/Dealkylation |
F |
1,85 |
|
Hydrodealkylation |
Hydrodealkylation |
F |
2,45 |
|
Xylene isomerisation |
Xylene Isomerisation |
F |
1,85 |
|
Paraxylene production |
Paraxylene Adsorption, Paraxylene Crystallisation Factor also includes energy and emissions for Xylene Splitter and Orthoxylene Rerun Column. |
P |
6,40 |
|
Cyclohexane production |
Cyclohexane production |
P |
3,00 |
|
Cumene production |
Cumene production |
P |
5,00 |
|
(*1)
Net fresh feed (F), Product feed (P) |
|||
ANNEX III
Historical activity level for specific benchmarks referred to in Articles 15(8) and 17(f)
1. The product-related historical activity level for the baseline period for products to which the refinery product benchmark as referred to in Annex I applies on the basis of the different CWT functions, their definitions, the basis for throughput as well as the CWT factors as listed in Annex II, shall be determined according to the following formula:
whereby:
|
HALCWT |
: |
historical activity level expressed as CWT |
|
TPi,k |
: |
throughput of the CWT function i in year k of the baseline period |
|
CWTi |
: |
CWT factor of the CWT function i |
|
TPAD,k |
: |
throughput of the CWT function ‘Atmospheric Crude Distillation’ in year k of the baseline period |
2. The product-related historical activity level for the baseline period for products to which the lime product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALlime,standard |
: |
historical activity level for lime production expressed in tons of standard pure lime |
|
mCaO,k |
: |
content of free CaO in the produced lime in year k of the baseline period expressed as mass-% |
|
mMgO,k |
: |
content of free MgO in the produced lime in year k of the baseline period expressed as mass-% |
|
HALlime,uncorrected,k |
: |
uncorrected historical activity level for lime production in year k of the baseline period expressed in tonnes of lime |
3. The product-related historical activity level for the baseline period for products to which the dolime product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALdolime,standard |
: |
historical activity level for dolime production expressed in tonnes of standard pure dolime |
|
mCaO,k |
: |
content of free CaO in the produced dolime in year k of the baseline period expressed as mass-% |
|
mMgO,k |
: |
content of free MgO in the produced dolime in year k of the baseline period expressed as mass-% |
|
HALdolime,uncorrected,k |
: |
uncorrected historical activity level for dolime production in year k of the baseline period expressed in tonnes of lime |
4. The product-related historical activity level for the baseline period for products to which the steam cracking product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALHVC,net |
: |
historical activity level for high value chemicals net of high value chemicals produced from supplemental feed expressed in tonnes of HVC |
|
HALHVC,total,k |
: |
historical activity level for total high value chemicals production in year k of the baseline period expressed in tonnes of HVC |
|
HSFH,k |
: |
historical supplemental feed of hydrogen in year k of the baseline period expressed in tonnes of hydrogen |
|
HSFE,k |
: |
historical supplemental feed of ethylene in year k of the baseline period expressed in tonnes of ethylene |
|
HSFO,k |
: |
historical supplemental feed of other high value chemicals than hydrogen and ethylene in year k of the baseline period expressed in tonnes of HVC |
5. The product-related historical activity level for the baseline period for products to which the aromatics product benchmark as referred to in Annex I applies on the basis of the different CWT functions, their definitions, the basis for throughput as well as the CWT factors as listed in Annex II shall be determined according to the following formula:
whereby:
|
HALCWT |
: |
historical activity level expressed as CWT |
|
TPi,k |
: |
throughput of the CWT function i in year k of the baseline period |
|
CWTi |
: |
CWT factor of the CWT function i |
6. Where a mixture of hydrogen and carbon monoxide is produced, the product-related historical activity level for the baseline period for products to which the hydrogen product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALH2 |
: |
historical activity level for hydrogen production referred to 100 % hydrogen |
|
HALH2,act |
: |
actual hydrogen production |
|
HALH2, WGS |
: |
additional hydrogen production under theoretical complete water gas shift (WGS) reaction, calculated via the stoichiometric ratio as HALCO, act × 0,071967 t H2/tCO for the WGS reaction |
|
HALCO, act |
: |
actual carbon monoxide production |
|
Emact |
: |
actual emissions related to hydrogen production |
|
EmWGS |
: |
additional emissions related to hydrogen production from theoretical complete WGS reaction |
The actual emissions related to hydrogen production shall be determined as follows:
whereby:
|
Emact |
: |
actual emissions related to hydrogen production |
|
DirEmact |
: |
actual direct emissions excluding heat-related emissions, prior to any carbon capture for use or geological storage. For emissions stemming from biomass, the emissions shall be calculated as the energy content from biomass multiplied with the emission factor of natural gas instead of the actual emissions |
|
Heatexport,act |
: |
actual net heat export |
|
BMheat |
: |
the value of the heat benchmark for measurable heat for the relevant allocation period |
The additional emissions related to hydrogen production from theoretical complete water gas shift shall be determined as follows:
whereby:
|
COWGS |
: |
the amount of CO produced prior to the additional theoretical conversion into CO2 via the WGS reaction |
|
MCO2 |
: |
molecular mass of CO2 (44,01 g/mol) |
|
MCO |
: |
molecular mass of CO (28,01 g/mol) |
|
Heatexport,WGS |
: |
theoretical additional net heat export after full WGS reaction assuming 99,5 % heat recovery, calculated via the reaction enthalpy of the WGS reaction (20,439 GJ/t H2 produced) multiplied with HALH2,WGS and with the 99,5 % efficiency of recovery |
|
BMheat |
: |
the value of the heat benchmark for measurable heat for the relevant allocation period |
7. The product-related historical activity level for the baseline period for products to which the synthesis gas (syngas) product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALsyngas |
: |
historical activity level for synthesis gas production referred to 47 % hydrogen |
|
VFH2,k |
: |
historical production volume fraction of pure hydrogen in the total volume of hydrogen and carbon monoxide in year k of the baseline period |
|
HALH2+CO,k |
: |
historical activity level for synthesis gas production referred to historical hydrogen content expressed as norm cubic meters per year referring to 0 °C and 101,325 kPa in year k of the baseline period |
8. The product-related historical activity level for the baseline period for products to which the ethylene oxide/ethylene glycols product benchmark as referred to in Annex I applies shall be determined according to the following formula:
whereby:
|
HALEO/EG |
: |
historical activity level for ethylene oxide/ethylene glycols production expressed in tonnes of ethylene oxide equivalents |
|
HALi,k: |
: |
historical activity level for the production of the ethylene oxide or glycol i in year k of the baseline period expressed in tonnes |
|
CFEOE,I |
: |
conversion factor for the ethylene oxide or glycol i relative to ethylene oxide |
Following conversion factors shall be applied:
ANNEX IV
Parameters for baseline data collection
Without prejudice to the power of the competent authority to request additional particulars in accordance with Article 15(1), operators shall submit for the purposes of the baseline data report, the following data at installation and sub-installation level for all calendar years of the relevant baseline period. For new entrants, the data report shall cover the data listed in sections 1 and 2 at installation and sub-installation level.
1. GENERAL INSTALLATION DATA
1.1. Identification of the installation and the operator
This item contains at least the following information:
Name and address of the installation;
Installation identifier used in the Union Registry;
Permit identifier and issue date of the first greenhouse gas (GHG) emission permit the installation received pursuant to Article 6 of Directive 2003/87/EC;
Permit identifier and date of the most recent GHG permit, if applicable;
Name and address of the operator, contact information of an authorised representative and of a primary contact person, if different.
1.2. Verifier information
This item contains at least the following information:
Name and address of the verifier, contact information of an authorised representative and of a primary contact person, if different;
Name of the national accreditation body which accredited the verifier;
Registration number issued by the national accreditation body.
1.3. Activity information
This item contains at least the following information:
List of activities pursuant to Annex I to Directive 2003/87/EC carried out in the installation;
The installation's NACE code (revision 2) in accordance with Regulation (EC) No 1893/2006 of the European Parliament and of the Council ( 5 );
Whether the installation falls under one or more categories which may be excluded from the EU ETS pursuant to Article 27 or Article 27a of Directive 2003/87/EC:
The total rated thermal input for all relevant activities pursuant to Annex I to Directive 2003/87/EC.
1.4. Implementation of the conditionality provisions in Articles 22a and 22b
This item contains at least the following information:
Whether an energy audit report has been issued or a certified energy management system has been implemented for the installation under Article 8 of Directive 2012/27/EU;
Whether there are outstanding recommendations of the energy audit report or the certified energy management system under Article 8 of Directive 2012/27/EU;
Whether the installation is a district heating installation, eligible for additional free allocation pursuant to Article 10b(4) of Directive 2003/87/EC, and its operator intends to apply for the additional free allocation;
For all product-benchmark sub-installations, whether the greenhouse gas emission levels were higher than the 80th percentile of emission levels for the relevant product benchmarks in the years 2016 and 2017;
Whether a climate-neutrality plan in accordance with Implementing Regulation (EU) 2023/2441 has been submitted, where relevant;
Detailed information on the fulfilment of the conditions for free allocation according to Articles 22a and Article 22b.
1.5. List of sub-installations
This item contains a list of all sub-installations at the installation.
1.6. List of connections to other EU ETS installations or non-ETS entities for the transfer of measurable heat, intermediate products, waste gases or CO2 for use in that installation or permanent geological storage
This item contains at least the following information for each connected installation or entity:
Name of installation or entity connected;
Type of connection (import or export: measurable heat, waste gases, CO2);
Is the installation or entity itself under the scope of the EU ETS?
2. DETAILED ANNUAL DATA FOR EACH YEAR IN THE BASELINE PERIOD
2.1. Detailed annual verified emissions data at installation level
This item contains at least the following information:
For each source stream: Activity data, calculation factors used, fossil emissions, emissions from biomass, in case of fuels (including if used as process input) energy input calculated from the Net Calorific Value (NCV);
For each emission source for which continuous emission monitoring systems have been used: fossil emissions, emissions from biomass, annual hourly average of GHG concentration and flue gas flow; in case of CO2: proxy data for energy input associated with the emissions;
Where a fall-back approach in accordance with Article 22 of Regulation (EU) No 601/2012 is used, the fossil and biomass emissions determined, proxy data for energy input associated with the emissions, if applicable;
The amount of transferred CO2 imported and/or exported.
Member States may choose to allow operators to report only aggregated emission figures.
2.2. Annual emissions per sub-installation
This item contains a complete balance of emissions, identifying the quantity of emissions attributable to each sub-installation.
2.3. Annual installation-wide balance of heat import, production, consumption and export
This item contains at least the following information:
The total amount of energy input used in the installation contained in fuels and in materials (for example exothermic heat from chemical reactions);
If applicable, the energy content of imported waste gases;
If applicable, the amount of energy in fuels exported to other directly technically connected EU ETS installations or non-ETS entities;
If applicable, the energy content of waste gases exported to other EU ETS installations or non-ETS entities;
The amount of energy input from fuels used for electricity production;
The amount of energy input from fuels attributed to fuel benchmark sub-installations (reported separately for carbon leakage and non-carbon leakage fuel benchmark sub-installations) as well as, for each of the respective amounts, how much is used to produce goods listed in Annex I to Regulation (EU) 2023/956;
The amount of fuel and electricity input used for the production of measurable heat;
Total amount of measurable heat produced in the installation;
Net amount of measurable heat imported from installations covered by the EU ETS;
Net amount of measurable heat imported from installations and entities not covered by the EU ETS or included in the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC;
Net amount of measurable heat consumed for electricity production within the installation;
Net amount of measurable heat consumed for product benchmark sub-installations within the installation;
Net amount of measurable heat exported to EU ETS installations;
Net amount of measurable heat exported to installations or entities not covered by the EU ETS or included in the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC;
Net amount of measurable heat exported for the purpose of district heating;
Net amount of measurable heat attributable to heat benchmark sub-installations (reported separately for carbon leakage and non-carbon leakage heat benchmark and district heating sub-installations) as well as, for each of the respective amounts, how much is used to produce goods listed in Annex I to Regulation (EU) 2023/956;
The amount of heat losses, if not already included in the data referred to in points (a) to (p).
2.4. Annual attribution of energy to sub-installations
This item contains at least the following information:
Amount of energy input from fuels, electricity and materials (e.g. exothermic heat from chemical reactions), including their respective emissions factor, to:
Amount of measurable heat imported:
Amount of measurable heat exported by:
2.5. Annual installation-wide balance of electricity import, production, consumption and export
This item contains at least the following information:
Total amount of electricity produced from fuels;
Total amount of other electricity produced;
Total amount of electricity imported from the grid or from other installations;
Total amount of electricity exported to the grid or to other installations;
Total amount of electricity consumed in the installation;
For electricity consumption within product benchmark sub-installations, which are listed in Section 2 of Annex I, the amount of electricity consumed within the system boundaries.
Points (a) to (d) only have to be reported by installations that produce electricity.
2.6. Further annual data for sub-installations
This item contains at least the following information:
The amount of measurable heat attributed to sub-installation imported from non-EU ETS entities or processes or installations included in the EU ETS only for the purposes of Articles 14 and 15 of Directive 2003/87/EC;
If applicable, for each sub-installation, a list of products produced within the boundaries of the sub-installation, including their codes under the PRODCOM list referred to in Article 2(2) of Council Regulation (EEC) No 3924/91 ( 6 ), based on NACE-4 codes referred to Regulation (EC) No 1893/2006 of the European Parliament and of the Council ( 7 ) (NACE rev. 2) and the amount of production. PRODCOM shall be at least as disaggregated as the related sub-sector identification in delegated acts adopted pursuant to Article 10b(5) of Directive 2003/87/EC;
If applicable, for each sub-installation, a list of goods produced within the boundaries of the sub-installation, including their CN codes, and the amount of production;
By way of derogation from point (b), for the carbon leakage heat benchmark sub-installation, where measurable heat is exported to installations or entities not covered by the EU ETS, the NACE-4 codes (NACE rev. 2) of those installations or entities and the CN codes for the goods produced by those installations or entities;
If applicable and available to the operator, for each sub-installation, the emission factor of the fuel mix related to the measurable heat imported or exported;
If applicable, for each sub-installation, the quantity and emission factor of waste gases imported and exported;
If applicable, for each sub-installation, the energy content (net calorific value) of the waste gases imported and exported.
2.7. Annual activity data for product benchmark sub-installations
This item contains at least the following information:
Annual production data of the product as specified in Annex I, in the unit listed in that Annex;
A list of products produced within the boundaries of the sub-installation, including their PRODCOM codes (based on NACE rev. 2). PRODCOM shall be at least as disaggregated as the related sub-sector identification in delegated acts adopted pursuant to Article 10b(5) of Directive 2003/87/EC;
If applicable, for each sub-installation, a list of goods produced within the boundaries of the sub-installation, including their CN codes;
Amount of transferred CO2 imported from or exported to other sub-installations, installations or other entities;
The name and amount of export or import of intermediate products covered by product benchmark sub-installations;
If applicable, for the refinery or aromatics product benchmark sub-installations, the annual throughput for each CWT function as specified in Annex II;
If applicable, for the lime or dolime product benchmark sub-installations, the uncorrected annual production quantity and the annual average values for mCaO and mMgO in accordance with Annex III;
If applicable, for the steam cracking product benchmark sub-installation, the total annual HVC production and the quantity of supplementary feed expressed as amounts of hydrogen, ethylene and other HVC;
If applicable, for the synthesis gas product benchmark sub-installations, the annual amount of hydrogen or synthesis gas production referred to hydrogen content expressed as norm cubic metres per year referring to 0 °C and 101,325 kPa and the annual production volume fraction of pure hydrogen in the hydrogen/carbon monoxide mixture;
If applicable, for the ethylene oxide/ethylene glycols product benchmark sub-installation, the annual production levels of ethylene oxide, monoethylene glycol, diethylene glycol and triethylene glycol;
If applicable, for the vinyl chloride monomer product benchmark sub-installation, the heat consumed stemming from hydrogen consumption;
If applicable, for the short fibre kraft pulp, long fibre kraft pulp, thermo-mechanical pulp and mechanical pulp, sulphite pulp product benchmark sub-installations or other pulp not covered by a product benchmark sub-installation, the annual production level of the respective pulp and the annual amount of pulp placed on the market and not processed into paper in the same or other technically connected installations;
If applicable, the amount, energy content and emission factor of waste gases produced within the system boundaries of the respective product benchmark sub-installation and flared within or outside the system boundaries of that product benchmark sub-installation, with the exception of safety flaring, and not used for the purpose of the production of measurable heat, non-measurable heat or electricity.
3. DATA FOR BENCHMARK UPDATE
3.1. Annual data for product benchmark sub-installations
This item contains at least the following information for each year of the baseline period:
A list of products produced within the boundaries of the sub-installation, including their PRODCOM codes (NACE rev. 2);
if applicable, for each sub-installation, a list of goods produced within the boundaries of the sub-installation, including their CN codes;
Activity level;
Attributed emissions with the exception of emissions linked to the import of measurable heat from other sub-installations, installations or other entities;
Amount of measurable heat imported from other sub-installations, installations or other entities including the emission factor, if known;
Amount of measurable heat exported to other sub-installations, installations or other entities;
Amount, energy content and emission factor of waste gases imported from other sub-installations, installations or other entities;
Amount, energy content and emission factor of waste gases produced;
Amount, energy content and emission factor of waste gases exported to other sub-installations, installations or other entities;
Quantity of electricity consumed within the system boundaries, for benchmarks which are listed in Section 2 of Annex I;
Quantity of electricity produced;
Amount of transferred CO2 imported from other sub-installations, installations or other entities;
Amount of transferred CO2 exported to other sub-installations, installations or other entities;
Export or import of intermediate products covered by product benchmarks (yes/no) and a description of the type of intermediate product, if applicable;
Quantity of supplementary feed expressed as amounts of hydrogen, ethylene and other HVC, in case of the steam cracking product benchmark;
Heat consumed stemming from hydrogen consumption, in case of the for vinyl chloride monomer product benchmark;
Quantity of hydrogen and carbon monoxide produced, for the hydrogen product benchmark.
3.2. Annual data for heat benchmark sub-installations and district heating sub-installations
This item contains at least the following information for each year of the baseline period:
Quantity of net measurable heat produced within each heat benchmark sub-installation or district heating sub-installation;
Quantity of net measurable heat produced from electricity within each heat benchmark sub-installation or district heating sub-installation;
Emissions attributed to production of measurable heat;
Activity level of the sub-installation;
Quantity of measurable heat produced, imported from and exported to other sub-installations, installations or other entities;
Quantity of electricity produced.
3.3. Annual data for fuel benchmark sub-installations
This item contains at least the following information for each year of the baseline period:
Activity level;
Attributed emissions.
ANNEX V
Factors applicable for reducing free allocation pursuant to Article 10b(4) of Directive 2003/87/EC
|
Year |
Value of the factor |
|
2021 |
0,300 |
|
2022 |
0,300 |
|
2023 |
0,300 |
|
2024 |
0,300 |
|
2025 |
0,300 |
|
2026 |
0,300 |
|
2027 |
0,225 |
|
2028 |
0,150 |
|
2029 |
0,075 |
|
2030 |
0,000 |
ANNEX VI
Minimum content of the monitoring methodology plan
The monitoring methodology plan shall contain at least the following information:
General information on the installation:
Information for identifying the installation and the operator, including the Installation identifier used in the Union Registry;
Information identifying the version of the monitoring methodology plan, the date of approval by the competent authority and the date from which it is applicable;
A description of the installation, including in particular a description of the main processes carried out, a list of emissions sources, a flow diagram and a plan of the installation which allow an understanding of the main material and energy flows;
A diagram which contains at least the following information:
A list and description of connections to other EU ETS installations or non-ETS entities for the transfer of measurable heat, intermediate products, waste gases or CO2 for use in that installation or permanent geological storage, including the name and address and a contact person of the connected installation or entity, and its unique identifier in the Union Registry, if applicable;
A reference to the procedure for managing the assignment of responsibilities for monitoring and reporting within the installation, and for managing the competences of responsible personnel;
A reference to the procedure for regular evaluation of the monitoring methodology plan's appropriateness in accordance with Article 9(1); this procedure shall in particular ensure that monitoring methods are in place for all data items listed in Annex IV which are relevant at the installation, and that most accurate available data sources in accordance with section 4 of Annex VII are used;
A reference to the written procedures of the data flow activities and of control activities pursuant to Article 11(2), including diagrams where appropriate for clarification.
Information on sub-installations:
For each sub-installation, a reference to the procedure for keeping track of the products and goods produced and their respective PRODCOM and CN codes;
System boundaries of each sub-installation, describing clearly which technical units are included, a description of the processes carried out and which input materials and fuels, which products and outputs are attributed to which sub-installation; in case of complex sub-installations, a separate detailed flow diagram shall be included for those sub-installations;
A description of parts of installations which serve more than one sub-installation, including heat supply systems, jointly used boilers and CHP units;
For each sub-installation, where relevant, the description of methods to assign parts of installations which serve more than one sub-installation and their emissions to the respective sub-installations.
Monitoring methods at installation level:
A description of the methods used to quantify the installation-wide balance of heat import, production, consumption and export;
The method used for ensuring that data gaps and double counting are avoided.
Monitoring methods at sub-installation level:
A description of the methods used to quantify its direct emissions including, where applicable, the method for quantifying the absolute amount or percentage of source streams or emissions monitored by measurement-based methodologies in accordance with Regulation (EU) No 601/2012 attributed to the sub-installation, where applicable;
A description of the methods used to attribute and to quantify the amounts and emission factors of energy input from fuels, of export of energy contained in fuels, where applicable;
A description of the methods used to attribute and to quantify the amounts and, if available, emission factors of measureable heat import, export, consumption and production, where applicable;
A description of the methods used to quantify the amounts of electricity consumption and production, and the exchangeable part of consumption, where applicable;
A description of the methods used to attribute and to quantify the amounts, energy contents and emission factors of waste gas import, export, consumption and production, where applicable;
A description of the methods used to attribute and to quantify the amounts of transferred CO2 imported or exported, where applicable;
For each product benchmark sub-installation, a description of the methods used to quantify the annual production of the product as specified in Annex I including, if applicable, additional parameters required as provided for in Articles 19 and 20 and Annexes II and III;
The descriptions of the methods used to quantify parameters to be monitored and reported shall include, where relevant, calculation steps, data sources, calculation formulae, relevant calculation factors including unit of measurement, horizontal and vertical checks for corroborating data, procedures underpinning sampling plans, measurement equipment used with reference to the relevant diagram and a description how they are installed and maintained and list of laboratories engaged in carrying out relevant analytical procedures. Where relevant, the description shall include the result of the simplified uncertainty assessment referred to in Article 7(2)(c). For each relevant calculation formula, the plan shall contain one example using real data.
ANNEX VII
Data monitoring methods
1. SCOPE
This Annex lays down methods for determining data required for reporting the data listed in Annex IV at installation level, as well as rules for attribution of these data to sub-installations, with the exception of data monitored in accordance with a monitoring plan approved by the competent authority pursuant to Regulation (EU) No 601/2012. Data determined in accordance with Regulation (EU) No 601/2012 shall be used under this Regulation where relevant.
2. DEFINITIONS
‘Data set’ for the purposes of this Annex means one type of data, either at installation level or sub-installation level as relevant in the circumstances, as any of the following:
the amount of fuels or materials consumed or produced by a process as relevant for the calculation-based monitoring methodology, expressed in terajoules, mass in tonnes, or for gases as volume in normal cubic metres, as appropriate, including for waste gases;
a calculation factor as used by Regulation (EU) No 601/2012 (i.e. composition of a material or fuel or waste gas);
net quantity of measurable heat, and the relevant parameters required for determining this quantity, in particular:
quantities of non-measurable heat, specified by the relevant quantities of fuels used for producing the heat, and the net calorific value (NCV) of the fuel mix;
quantities of electricity;
quantities of CO2 transferred between installations.
‘Determination methodology’ means either of the following:
a methodology of identifying, collecting and processing data already available at the installation for data sets of historical data or;
a monitoring methodology for a specific data set based on an approved monitoring methodology plan.
In addition, the definitions of ‘source stream’, ‘emission source’, ‘inherent risk’, ‘control risk’ and ‘emission factor’ as set in Article 3 of Regulation (EU) No 601/2012 shall apply.
3. GENERAL METHODS
3.1. Applicable methods
The operator shall determine data for the purpose of compiling a baseline data report in accordance with point (a) of Article 4(2) using methods contained in this Annex. Where this Annex does not describe applicable methods for determining a specific data set, the operator shall apply a suitable method, subject to the approval by the competent authority of the monitoring methodology plan in accordance with Article 6. A method shall be deemed suitable where the operator ensures that any metering, analyses, sampling, calibrations and validations for the determination of the specific data set are carried out by applying methods based on corresponding EN standards. Where such standards are not available, the methods shall be based on suitable ISO standards or national standards. Where no applicable published standards exist, suitable draft standards, industry best practice guidelines or other scientifically proven methodologies shall be used, limiting sampling and measurement bias.
3.2. Approach to attributing data to sub-installations
1. Where data for a specific data set are not available for each sub-installation, the operator shall propose an appropriate method for determining the required data for each individual sub-installation, except for cases referred to in the second and third subparagraphs of Article 10(3). For this purpose, either of the following principles shall be applied depending on which principle yields more accurate results:
where different products are produced one after the other in the same production line, inputs, outputs and corresponding emissions shall be attributed sequentially based on the usage time per year for each sub-installation;
inputs, outputs and corresponding emissions shall be attributed based on the mass or volume of individual products produced or estimates based on the ratio of free reaction enthalpies of the chemical reactions involved or based on another suitable distribution key that is corroborated by a sound scientific methodology.
2. Where several measurement instruments of different quality are contributing to measurement results, either of the following methods shall be used for splitting installation-level data on quantities of materials, fuels, measurable heat or electricity to sub-installations:
Determination of the split based on a determination method, such as sub-metering, estimate, correlation, used equally for each sub-installation. Where the sum of the sub-installation data is different from the data determined separately for the installation, a uniform ‘reconciliation factor’ shall be applied for uniform correction to meet the total figure of the installation as follows:
|
RecF = DInst /Σ DSI |
(Equation 1) |
where RecF is the reconciliation factor, DInst is the data value determined for the installation as a whole, and DSI are the data values for the different sub-installations. The data for each sub-installation are then corrected as follows:
|
DSI,corr = DSI × RecF |
(Equation 2) |
If only one sub-installation's data are unknown or of lower quality than the data of other sub-installations, known sub-installation data may be subtracted from the total installation data. This method is preferred only for sub-installations which contribute smaller quantities to the installation's allocation.
3.3. Measurement instruments or procedures not under the operator's control
The operator may make use of measurement systems or analytical procedures outside the operator's own control:
where the operator does not have their own measurement instrument or analytical procedure available for the determination of a specific data set;
where determination of a data set by the operator's own measurement instruments or analytical procedures is technically not feasible or would incur unreasonable costs;
where the operator demonstrates to the satisfaction of the competent authority that the measurement system or analytical procedure outside the operator's control gives more reliable results and is less prone to control risks.
To that end, the operator may revert to one of the following data sources:
amounts from invoices issued by a trade partner, provided that a commercial transaction between two independent trade partners takes place;
direct readings from the measurement systems;
use of empirical correlations provided by a competent and independent body, such as equipment suppliers, engineering providers or accredited laboratories.
3.4. Indirect determination methods
Where no direct metering or analysis approach is available for a required data set, in particular for cases where net measurable heat is going into different production processes, the operator shall propose the use of an indirect determination method, such as:
calculation based on a known chemical or physical process, using appropriate accepted literature values for the chemical and physical properties of substances involved, appropriate stoichiometric factors and thermodynamic properties such as reaction enthalpies, as appropriate;
calculation based on the installation's design data such as the energy efficiencies of technical units or calculated energy consumption per unit of product;
correlations based on empirical tests for determining estimation values for the required data set from non-calibrated equipment or data documented in production protocols. For this purpose the operator shall ensure that the correlation satisfies the requirements of good engineering practice and that it is applied only to determine values which fall into the range for which it was established. The operator shall evaluate the validity of such correlations at least once a year.
4. SELECTION OF DETERMINATION METHODOLOGIES AND DATA SOURCES REPRESENTING HIGHEST ACHIEVABLE ACCURACY
4.1. Technical feasibility
Where an operator claims that applying a specific determination methodology is technically not feasible, the competent authority shall assess the technical feasibility taking the operator's justification into account. That justification shall be based on the operator having technical resources capable of meeting the needs of a proposed system or requirement that can be implemented in the required time for the purposes of this Regulation. Those technical resources shall include availability of required techniques and technology.
4.2. Unreasonable costs
Where an operator claims that applying a specific determination methodology incurs unreasonable costs, the competent authority shall assess the unreasonable nature of the costs, taking into account the operator's justification.
The competent authority shall consider costs unreasonable where the operator’s cost estimation exceeds the benefit of a specific determination methodology. To that end, the benefit shall be calculated by multiplying an improvement factor with a reference price referred to in Article 18, paragraph 1 of Commission Implementing Regulation (EU) 2018/2066 ( 8 ) and costs shall include an appropriate depreciation period based on the economic lifetime of the equipment, where applicable.
The improvement factor shall be 1 % of the most recently determined sub-installation's annual allocation free of charge. By way of derogation from this calculation method, the competent authority may allow operators to determine the improvement factor as 1 % of the affected CO2 equivalent. The affected CO2 equivalent shall be one the following, depending on the parameter for which the improvement of methodology is considered:
In the case of a fuel or material containing carbon, including waste gases, the emissions that would result if the carbon contained in the annual quantity of the fuel or material were converted into CO2;
In the case of emissions monitored by a measurement-based methodology, the annual emissions of the respective emission source;
In the case of measurable heat, the respective annual amount of measurable heat multiplied by the heat benchmark;
In the case of non-measurable heat, the respective annual amount of non-measurable heat multiplied by the fuel benchmark;
In the case of electricity, the respective annual amount of electricity multiplied by the factor specified in Article 22(3);
In the case of the quantity of a product for which a product benchmark applies, the sub-installation's preliminary annual number of emission allowances allocated free of charge determined in accordance with Article 16(2) for the first year of the respective allocation period. Where the relevant benchmark has not yet been determined in accordance with Article 10a(2) of Directive 2003/87/EC, the respective benchmark specified in Annex I to this Regulation shall be used.
Measures relating to the improvement of an installation's monitoring methodology shall not be deemed to incur unreasonable costs up to an accumulated amount of EUR 2 000 per year. For installations with low emissions in accordance with Article 47 of Regulation (EU) No 601/2012 that threshold shall be EUR 500 per year.
4.3. Process
To determine the most accurate available data sources, the operator shall select the most accurate data sources which are technically feasible and do not incur unreasonable costs, and which ensure a clear data flow with lowest inherent risk and control risk (referred to hereinafter as ‘primary data sources’). The operator shall use the primary data sources for the purpose of compiling the baseline data report.
To the extent feasible without incurring unreasonable costs, for the purpose of the control system in accordance with Article 11, the operator shall strive to identify and use additional data sources or methods for determining data which allow corroboration of the primary data sources (referred to hereinafter as ‘corroborating data sources’). The selected corroborating data sources, if any, shall be documented in the written procedures referred to in Article 11(2) and in the monitoring methodology plan.
For selecting the primary data sources, the operator shall compare all available data sources for the same data set using the generic data sources listed in sections 4.4 to 4.6, and use one of the highest ranked data sources that are considered as most accurate data sources. Only if any of the derogations in accordance with Article 7(2) apply, other data sources may be used. In such case, the next highest ranked data source shall be applied unless it is technically not feasible, would incur unreasonable costs or another data source has equivalent or lower level of associated uncertainty. Where needed, further data sources can be considered.
For selecting the corroborating data sources, the operator shall compare all available data sources for the same data set using the generic data sources listed in sections 4.4 to 4.6, and use an available data source other than the most accurate available data source.
For selecting data sources in order to determine all the data required in accordance with Annex IV, the operator shall proceed for the following main types of data sets as follows:
For the determination of quantities of products, fuels and other materials the operator shall take into account the generic data sources and their hierarchy laid down in section 4.4 of this Annex;
For the determination of quantities of energy flows (measurable or non-measurable heat, electricity) the operator shall take into account the generic data sources and their hierarchy laid down in section 4.5 of this Annex;
For the determination of properties of products, fuels and other materials, the operator shall take into account the generic data sources and their hierarchy laid down in section 4.6 of this Annex.
For the purpose of improving the monitoring methodology plan, the operator shall check regularly and at least once per year, whether new data sources have become available. In case such new data sources are considered more accurate in accordance with the ranking described in sections 4.4 to 4.6, they shall be applied and the monitoring methodology plan shall be changed in accordance with Article 9.
4.4. Selecting data sources for quantification of materials and fuels
The following generic data sources shall be used selecting most accurate available data sources for quantifying amounts (expressed as tonnes or Nm3) of materials, fuels, waste gases or products entering or leaving the installation, or any sub-installation:
Methods in accordance with the monitoring plan approved under Regulation (EU) No 601/2012;
Readings of measuring instruments subject to national legal metrological control or measuring instruments compliant with the requirements of Directive 2014/31/EU of the European Parliament and of the Council ( 9 ) or Directive 2014/32/EU of the European Parliament and of the Council ( 10 ) for direct determination of a data set;
Readings of measuring instruments under the operator's control for direct determination of a data set not falling under point (b);
Readings of measuring instruments not under the operator's control for direct determination of a data set not falling under point (b);
Readings of measuring instruments for indirect determination of a data set, provided that an appropriate correlation between the measurement and the data set in question is established in line with section 3.4;
Other methods, in particular for historical data or where no other data source can be identified by the operator as available.
For selecting data sources for the purpose of Article 7(1), only the data sources listed in points (a) and (b) of the first paragraph are considered representing most accurate data sources while the data source referred to in point (a) of that paragraph shall be used to the extent that it covers the respective data set. The data sources referred to in points (c) to (f) of the first paragraph are considered less accurate in the descending hierarchical order from point (c) to point (f).
4.5. Selecting data sources for quantification of energy flows
The following generic data sources shall be used for selecting most accurate available data sources quantifying amounts, expressed as TJ or GWh, of measurable heat or electricity entering or leaving the installation, or any sub-installation:
Readings of measuring instruments subject to national legal metrological control or measuring instruments compliant with the requirements of the Directive 2014/31/EU or Directive 2014/32/EU for direct determination of a data set;
Readings of measuring instruments under the operator's control for direct determination of a data set not falling under point a;
Readings of measuring instruments not under the operator's control for direct determination of a data set not falling under point a;
Readings of measuring instruments for indirect determination of a data set, provided that an appropriate correlation between the measurement and the data set in question is established in line with section 3.4 of this Annex;
Calculation of a proxy for the determining net amounts of measurable heat in accordance with method 3 of section 7.2;
Other methods, in particular for historical data or where no other data source can be identified by the operator as available.
For selecting data sources for the purpose of Article 7(1), only the data source referred to in point (a) of the first paragraph is considered representing most accurate data sources. The data sources referred to in points (b) to (f) of the first paragraph are considered less accurate in the descending hierarchical order from point (b) to point (f).
For situations where no information is available for some parameters (such as temperature and amount of condensate returned) required to determine net flows of measurable heat, the provisions of section 7 are to be applied. In accordance with section 7, several parameters need to be determined in order to result in annual net amounts of measurable heat. Therefore the overall result for the annual net amount of heat should be considered the purpose of the simplified uncertainly assessment in accordance with point (c) of Article 7(2) for the for selection of the methods referred to in points (b) to (f) of the first paragraph when deviating from the selection of data sources representing most accurate data sources.
4.6. Selecting data sources for properties of materials
The following generic data sources shall be used selecting most accurate available data sources for determining properties such as moisture or purity of the substance, carbon content, net calorific value, biomass content, etc. of products, materials, fuels or waste gases as inputs or outputs of the installation or sub-installation:
Methods for determining calculation factors in accordance with the monitoring plan approved under Regulation (EU) No 601/2012;
Laboratory analyses in accordance with section 6.1 of this Annex;
Simplified laboratory analyses in accordance with section 6.2 of this Annex;
Constant values based on one of the following data sources:
Constant values based on one of the following data sources:
For selecting data sources for the purpose of Article 7(1), only the data sources referred to in points (a) and (b) of the first paragraph are considered representing most accurate data sources while data source referred to in point (a) of that paragraph shall be used to the extent that it covers the respective data set. The data sources referred to in points (c) to (e) of the first paragraph are considered less accurate in the descending hierarchical order from point (c) to point (e).
5. METHODS FOR DETERMINING ANNUAL QUANTITIES OF MATERIALS AND FUELS
Where the operator has to determine annual quantities of fuels or materials, including products relating to product benchmark sub-installations, the operator shall determine such quantities at installation level or for each relevant sub-installation, as required, in one of the following ways:
based on continual metering at the process where the material is consumed or produced;
based on aggregation of metering of quantities separately delivered or produced taking into account relevant stock changes.
For the purposes of point (b) of the first paragraph, the quantity of fuel or material consumed during the calendar year at the installation or sub-installation shall be calculated as the quantity of fuel or material imported during the calendar year, minus the quantity of fuel or material exported, plus the quantity of fuel or material in stock at the beginning of the calendar year, minus the quantity of fuel or material in stock at the end of the calendar year.
For the purposes of point (b) of the first paragraph, the quantity of product or other material exported during the calendar year shall be calculated as the quantity of product or material exported during the reporting period, minus the quantity imported or recycled into the process, minus the quantity of product or material in stock at the beginning of the calendar year, plus the quantity of product or material in stock at the end of the calendar year.
Where it is technically not feasible or would incur unreasonable costs to determine quantities in stock by direct measurement, the operator may estimate those quantities based on one of the following:
data from previous years and correlated with appropriate activity levels for the reporting period;
documented procedures and respective data in audited financial statements for the reporting period.
Where the determination of quantities of products, materials or fuels for the entire calendar year is technically not feasible or would incur unreasonable costs, the operator may choose the next most appropriate day to separate a reporting year from the following one, and reconcile accordingly to the calendar year required. The deviations involved for one or more product, material or fuel shall be clearly recorded, form the basis of a value representative for the calendar year, and be considered consistently in relation to the next year.
6. REQUIREMENTS FOR LABORATORY ANALYSES AND RELATED SAMPLING
6.1. Requirements for laboratory analyses
Where the operator needs to carry out laboratory analyses for determining properties (including moisture, purity, concentration, carbon content, biomass fraction, net calorific value, density) of products, materials, fuels or waste gases, or for establishing correlations between parameters for the purpose of indirect determination of required data, the analyses shall be carried out in accordance with Articles 32 to 35 of Regulation (EU) No 601/2012, using an approved sampling plan for ensuring that samples are representative for the batch to which they relate. Where Annex VII to Regulation (EU) No 601/2012 does not provide an appropriate minimum frequency of analyses for a particular product, material or fuel, the operator shall propose a suitable analysis frequency for approval by the competent authority based on information on the heterogeneity of the product, material or fuel.
6.2. Simplified requirements for certain laboratory analyses
Where the operator provides evidence to the satisfaction of the competent authority that analyses in accordance with section 6.1 are technically not feasible or would incur unreasonable costs, the operator shall carry out the required analyses based on industry best practice, or use established proxies, in combination with an empirical correlation to an easier accessible parameter, determined at least once per year in accordance with section 6.1.
7. RULES FOR DETERMINING NET MEASURABLE HEAT
7.1. Principles
All specified amounts of measurable heat shall always refer to net amount of measurable heat, determined as the heat content (enthalpy) of the heat flow transmitted to the heat consuming process or external user minus the heat content of the return flow.
Heat consuming processes necessary for operating the heat production and distribution, such as deaerators, make-up water preparation, and regular blow offs, shall be taken into account in the efficiency of the heat system and can therefore not be considered heat consuming processes eligible for allocation.
Where the same heat medium is used by several consecutive processes and its heat is consumed starting from different temperature levels, the quantity of heat consumed by each heat consuming process shall be determined separately, unless the processes fall within the same sub-installation. Re-heating of the transfer medium between consecutive heat consuming processes should be treated like additional heat production.
Where heat is used to provide cooling via an absorption cooling process, that cooling process shall be considered as the heat consuming process.
7.2. Methodologies for determining net amounts of measurable heat
For the purpose of selecting data sources for quantification of energy flows in accordance with section 4.5, following methodologies for determining net amounts of measurable heat shall be considered:
Method 1: Using measurements
Under this method, the operator measures all relevant parameters, in particular temperature, pressure, state of the transmitted as well as the returned heat medium. The state of the medium in case of steam shall refer to its saturation or degree of superheating. The operator furthermore measures the (volumetric) flow rate of the heat transfer medium. Based on the measured values, the operator determines the enthalpy and the specific volume of the heat transfer medium using suitable steam tables or engineering software.
The mass flow rate of the medium is calculated as
|
|
(Equation 3) |
Where ṁ is the mass flow rate in kg/s, V is the volumetric flow rate in m3/s and υ is the specific volume in m3/kg.
As the mass flow rate is considered the same for transmitted and returned medium, the heat flow rate is calculated using the difference in enthalpy between the transmitted flow and the return, as follows:
|
|
(Equation 4) |
=(Where Q is the heat flow rate in kJ/s, hflow is the enthalpy of the transmitted flow in kJ/kg, hreturn is the enthalpy of the return flow in kJ/kg, and ṁ is the mass flow rate in kg/s.
In case of steam or hot water used as heat transfer medium, where the condensate is not returned, or where it is not feasible to estimate the enthalpy of the returned condensate, the operator shall determine hreturn based on a temperate of 90 °C.
If the mass flow rates are known to be not identical, the following shall apply:
For determining the annual net heat flow from the above data, the operator shall – subject to the measurement equipment and data processing available, use one of the following methods:
Method 2: Using documentation
The operator determines net amounts of measurable heat based on documents in accordance with section 4.6 of this Annex, provided that heat quantities provided in such documents are based on metering, or on reasonable estimation methods in accordance with section 3.4 of this Annex.
Method 3: Calculation of a proxy based on measured efficiency
The operator determines amounts of net measurable heat based on the fuel input and the measured efficiency related to the heat production:
|
Q = ηH · EIN |
(Equation 5) |
|
EIN = Σ ADi · NCVi |
(Equation 6) |
Where Q is the amount of heat expressed in TJ, ηH is the measured efficiency of heat production, EIN is the energy input from fuels, ADi are the annual activity data (i.e. quantities consumed) of fuels i, and NCVi the net calorific values of fuels i.
The value of ηH is either measured by the operator over a reasonably long period, which sufficiently takes into account different load states of the installation or taken from the manufacturer's documentation. In that regard the specific part load curve is to be taken into account by using an annual load factor:
|
LF = EIN /EMax |
(Equation 7) |
Where LF is the load factor, EIN the energy input as determined using Equation 6 over the calendar year, and EMax the maximum fuel input if the heat producing unit had been running at 100 % nominal load for the full calendar year.
The efficiency should be based on a situation in which all condensate is returned. A temperature of 90 °C should be assumed for the returned condensate.
Method 4: Calculating a proxy based on the reference efficiency
This method is identical to method 3, but using a reference efficiency of 70 % (ηRef,H = 0,7) in Equation 5.
7.3. Distinguishing district heating, EU ETS and non-ETS heat
Where an installation imports measurable heat, the operator shall determine separately the quantity of heat coming from installations covered by the EU ETS, and heat imported from non-EU ETS entities. Where an installation consumes measurable heat exported from a nitric acid product benchmark sub-installation, the operator shall determine that amount of heat consumed separately from other measurable heat.
Where an installation exports measurable heat, the operator shall determine separately the quantity of heat exported to installations covered by the EU ETS, and heat exported to non-EU ETS entities. Furthermore, the operator shall determine separately quantities of heat qualifying as district heating.
8. RULES FOR ASSIGNING FUELS AND EMISSIONS OF COMBINED HEAT AND POWER PRODUCTION (CHP) FOR THE PURPOSE OF UPDATING BENCHMARK VALUES
This section applies to situations where an operator, for the purpose of updating benchmark values, has to attribute inputs, outputs and emissions of cogeneration units to sub-installations.
For the purposes of this section, ‘cogeneration’ is used as defined in point (30) of Article 2 of Directive 2012/27/EU of the European Parliament and of the Council ( 11 ).
The emissions of a cogeneration unit are determined as
|
EmCHP = Σ ADi · NCVi · EFi + EmFGC |
(Equation 8) |
Where EmCHP are the annual emissions of the cogeneration unit expressed as t CO2, ADi are the annual activity data (i.e. quantities consumed) of fuels i used for the CHP unit expressed in tonnes or Nm3, NCVi the net calorific values of fuels i expressed as TJ/t or TJ/Nm3, and EFi the emission factors of fuels i expressed in t CO2/TJ. EmFGC are process emissions from flue gas cleaning expressed in t CO2.
The energy input to the CHP unit is calculated in accordance with Equation 6. The respective annual average efficiencies of heat production and electricity (or mechanical energy, if applicable) production are calculated as follows:
|
ηheat = Qnet /EIN |
(Equation 9) |
|
ηel = Eel /EIN |
(Equation 10) |
Where ηheat (dimensionless) is the annual average efficiency of heat production, Qnet is the annual net amount of heat produced by the cogeneration unit expressed as TJ as determined in accordance with section 7.2, EIN the energy input as determined using Equation 6 expressed as TJ, ηel (dimensionless) is the annual average efficiency of electricity production, and Eel the net annual electricity production of the cogeneration unit, expressed as TJ.
Where the operator provides evidence to the satisfaction of the competent authority that the determination of the efficiencies ηheat and ηel is technically not feasible or would incur unreasonable costs, values based on technical documentation (design values) of the installation shall be used. If no such values are available, conservative default values of ηheat = 0,55 and ηel = 0,25 should be used.
The attribution factors for heat and electricity from CHP are calculated as
|
|
(Equation 11) |
|
|
(Equation 12) |
Where FCHP,Heat is the attribution factor for heat and FCHP,El is the attribution factor for electricity (or mechanical energy, if applicable), both expressed without dimension ηref, heat is the reference efficiency for heat production in a stand-alone boiler, and ηref,el the reference efficiency of electricity production without cogeneration. For the reference efficiencies the operator shall apply the appropriate fuel-specific values from the Commission Delegated Regulation (EU) 2015/2402 ( 12 ) without application of the correction factors for avoided grid losses in Annex IV to that Regulation.
For attributing the energy input or emissions of the cogeneration unit to the production of heat and electricity (or mechanical energy, if applicable), the operator shall multiply the total energy input or emissions with the respective attribution factor for heat or electricity.
The specific emission factor of the CHP-related measurable heat to be used for the attribution of heat-related emissions to sub-installations in accordance with section 10.1.2 is calculated as
|
EFCHP,Heat = EmCHP · FCHP,Heat /Qnet |
(Equation 13) |
Where EFCHP, heat is the emission factor for the production of measurable heat in the cogeneration unit expressed as t CO2/TJ.
9. PROCEDURE FOR TRACKING PRODCOM CODES AND CN CODES OF PRODUCTS AND GOODS
For the purpose of correct attribution of data to sub-installations, the operator shall maintain a list of all products and goods produced at the installation and their respective applicable PRODCOM codes, based on NACE rev. 2, and CN codes. Based on this list, the operator shall:
To this end the operator shall establish, document, implement and maintain a procedure for regular checking whether the products and goods produced in the installation confirm with the PRODCOM codes and CN codes applied when setting up the monitoring methodology plan. This procedure shall furthermore contain provisions to identify if the installation produces a new product for the first time, and to ensure that the operator determines the applicable PRODCOM code for the new product, add it to the list of products and attributes related inputs, outputs and emissions to the appropriate sub-installation.
10. RULES FOR DETERMINING EMISSIONS AT SUB-INSTALLATION LEVEL FOR THE PURPOSE OF UPDATING BENCHMARK VALUES
10.1. Emissions at sub-installation level
For the purpose of Article 10, the operator shall attribute the installation's total emissions to sub-installations applying, where applicable, the provisions of sections 3.2 and 10.1.1 to 10.1.5 of this Annex.
10.1.1. Direct attribution of source streams or emission sources
1. Emissions of source streams or emission sources serving only one sub-installation are attributed to that sub-installation in full. Where the operator uses a mass balance, outgoing source streams shall be subtracted in accordance with Article 25 of Regulation (EU) No 601/2012. For avoiding double counting, source streams which are converted into waste gases, with the exception of waste gases produced and fully consumed within the same product benchmark sub-installation, shall not be attributed using this approach.
2. Only where source streams or emission sources serve more than one sub-installation, the following approaches for attribution of emissions apply:
10.1.2. Emissions attributable to measurable heat
Where the sub-installation consumes measurable heat produced within the installation, the operator shall determine, where applicable, the heat-related emissions using one of the following methods.
For measurable heat produced from the combustion of fuels within the installation except heat produced by cogeneration, the operator determines the emission factor of the relevant fuel mix and calculates emissions attributable to the sub-installation as
|
EmQ,sub-inst = EFmix · Qconsumed,sub-inst / η |
(Equation 14) |
Where EmQ,sub-inst is the heat-related emissions of the sub-installation in t CO2, EFmix is the emission factor of the respective fuel mix expressed as t CO2/TJ including emissions from flue gas cleaning, where applicable, Qconsumed,sub-inst is the amount of measurable heat consumed in the sub-installation expressed in TJ, and η is the efficiency of the heat production process.
EFmix is calculated as
|
EFmix = (Σ ADi · NCVi · EFi + EmFGC ) / (Σ ADi · NCVi ) |
(Equation 15) |
Where ADi are the annual activity data (i.e. quantities consumed) of fuels i used for the measurable heat production expressed in tonnes or Nm3, NCVi the net calorific values of fuels i expressed as TJ/t or TJ/Nm3, and EFi the emission factors of fuels i expressed in t CO2/TJ. EmFGC are process emissions from flue gas cleaning expressed in t CO2.
Where a waste gas is part of the fuel mix used, the emission factor of that waste gas is adjusted before calculating EFmix in accordance with point (b) of section 10.1.5 of this Annex.
For measurable heat produced in cogeneration units where fuels are combusted within the installation, the operator determines the emission factor of the relevant fuel mix and calculates emissions attributable to the sub-installation as
|
EmQ,CHP,sub-inst = EFCHP,Heat · Qcons,CHP,sub-inst |
(Equation 16) |
Where EmQ,CHP,sub-inst is the CHP-heat-related emissions of the sub-installation in t CO2, EFCHP,Heat is the emission factor of the heat part of the cogeneration unit as determined in accordance with section 8 expressed as t CO2/TJ including emissions from flue gas cleaning, where applicable, and Qcons,CHP,sub-inst is the amount of measurable heat produced by cogeneration within the installation and consumed in the sub-installation expressed in TJ.
Where a waste gas is part of the fuel mix used in the cogeneration unit, the emission factor of that waste gas is adjusted before calculating EFCHP,Heat in accordance with point (b) of section 10.1.5.
Where measurable heat is recovered from processes covered by a product benchmark sub-installation, a fuel benchmark sub-installation or a process emission sub-installation, the operator shall report those amounts of heat as being transferred between the relevant sub-installations in the baseline data report in accordance with point (a) of Article 4(2).
Where measurable heat is imported from other installations covered by the EU ETS or from installations or entities not covered by the EU ETS, the emission factor related to the production of that heat shall be reported, if available.
The operator shall attribute zero emissions to measurable heat produced from electricity, but report the related amounts of measurable heat in the baseline data report in accordance with point (a) of Article 4(2).
10.1.3. Attribution of emissions related to heat losses
Where losses of measurable heat are determined separately from the amounts used in sub-installations, in order to satisfy the criterion in accordance with point (c) of Article 10(5), the operator shall add emissions in relation to a proportionate quantity of heat losses to the emissions of all sub-installations in which measurable heat produced in the installation is used, using emission factors determined in accordance with section 10.1.2 of this Annex.
10.1.4. Attribution of emissions related to non-measurable heat
In order to attribute emissions related to the use of non-measurable heat that is not included in a product benchmark sub-installation, the operator shall attribute the relevant source streams or emission sources to sub-installations in accordance with section 10.1.1, using the relevant emission factors. The operator shall attribute only fuels and source streams related to process emissions from flue gas cleaning to uses of non-measurable heat.
Where a waste gas is part of the fuel mix used, the emission factor of that waste gas is adjusted before attributing its emissions to non-measurable heat use, in accordance with point (b) of section 10.1.5.
10.1.5. Attribution of emission for the production and use of waste gases
The emissions from waste gases are split into two parts, except where they are used in the same product benchmark sub-installation where they are produced, as follows:
An amount of emissions assigned to the production of the waste gas is attributed under the product benchmark sub-installation where the waste gas is produced.
This amount is calculated as follows:
|
EmWG = VWG · NCVWG · (EFWG – EFNG · Corrn ) |
(Equation 17) |
Where EmWG is the amount of emissions assigned to the production of the waste gas, VWG is the volume of waste gas produced expressed as Nm3 or t, NCVWG is the net calorific value of the waste gas expressed as TJ/Nm3 or TJ/t, EFWG is the emission factor of the waste gas expressed as t CO2/TJ, EFNG is the emission factor of natural gas (56,1 t CO2/TJ), and Corrη is a factor that accounts for the difference in efficiencies between the use of waste gas and the use of the reference fuel natural gas. The default value of this factor is equal to 0,667.
An amount of emissions assigned to the consumption of the waste gas is attributed to the product benchmark sub-installation, heat benchmark sub-installation, district heating sub-installation or fuel benchmark sub-installation, where it is consumed. This amount is determined by multiplying the amount and calorific value of the waste gas with the value of the interim heat or fuel benchmark, as applicable, determined based on the relevant annual reduction rate from 2007/2008 to the two years specified as the basis for the benchmark values in Article 10a(2) of Directive 2003/87/EC.
10.1.6. Attribution of emission for the production of high value chemicals for the steam cracking benchmark
In consistency with the allocation rules pursuant to Article 19, 1,78 tonnes of carbon dioxide per ton of hydrogen times the historical production of hydrogen from supplemental feed expressed in tons of hydrogen, 0,24 tonnes of carbon dioxide per ton of ethylene times the historical production of ethylene from supplemental feed expressed in tons of ethylene, and 0,16 tonnes of carbon dioxide per ton of HVC times the historical production of other high value chemicals than hydrogen and ethylene from supplemental feed expressed in tons of HVC, shall be deducted from the attributed emissions.
10.1.7. Attribution of emission for hydrogen for the vinyl chloride benchmark
In consistency with the allocation rules pursuant to Article 20, the amount of hydrogen combusted expressed as terajoules times the value of the interim heat benchmark, determined based on the on the relevant two years specified as the basis for the benchmark values in Article 10a(2) of Directive 2003/87/EC, shall be added to the attributed emissions.
10.1.8. Attribution of emission for the hydrogen benchmark
Where carbon monoxide (CO) is contained in the final product gas, the stoichiometric equivalent of the amount of CO in the product gas shall be considered converted in CO2 and added to the attributed emissions. Assuming a water-gas shift reaction, an equivalent of the recoverable heat for the exothermic reaction of 1,47 GJ/t CO times the value of the interim heat benchmark, determined based on the annual reduction rate from 2007/2008 to the relevant two years specified as the basis for the benchmark values in Article 10a(2) of Directive 2003/87/EC, and assuming an efficiency of 99,5 %, shall be deducted from the attributed emissions. Correspondingly, the stoichiometric equivalent of hydrogen that would be produced from that same amount of CO via a water-gas shift reaction shall be added to the denominator when calculating the greenhouse gas intensity of the sub-installation.
10.2. Attributed emissions to sub-installations
The operator shall determine the attributed emissions of each sub-installation as a sum of:
emissions related to source streams relevant for the sub-installation determined in accordance with section 10.1.1, as applicable;
emissions attributable to measurable heat consumed in the sub-installation determined in accordance with sections 10.1.2 and 10.1.3, as applicable;
emissions attributable to non-measurable heat consumed in the sub-installation determined in accordance with section 10.1.4, as applicable;
emissions attributable to the production or use of waste gases in the sub-installation determined in accordance with section 10.1.5, as applicable;
emissions attributable to special benchmarks determined in accordance with Sections 10.1.6, 10.1.7 and 10.1.8, as applicable.
In this calculation, the operator shall ensure that neither omissions nor double counting of source streams occur.
The operator shall also determine the difference between the total emissions of the installation and the sum of attributed emissions of all sub-installations relevant at the installation. If applicable, the operator shall identify all processes contributing to this difference and corroborate the plausibility of the attribution by estimating the emissions associated with these processes, in particular with source streams used for electricity production and for flaring other than safety flaring.
ANNEX VIII
Determination of eligible Member States pursuant to Article 22b(3)
Installations in certain Member States may benefit from additional free allocation for district heating pursuant to Article 10b(4) of Directive 2003/87/EC.
1. METHODOLOGY
According to Article 10b(4) of Directive 2003/87/EC, the following condition shall be met for the average of the years 2014 to 2018, for Member States to be eligible for additional free allocation pursuant to Article 22b(3):
2. ELIGIBLE MEMBER STATES
According to the methodology described in point 1, installations located in the following Member States may benefit from additional free allocation pursuant to Article 22b(3):
Bulgaria;
Czechia;
Latvia;
Poland.
( 1 ) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149).
( 2 ) Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).
( 3 ) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2012/27/2023-05-04).
( 4 ) Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/2021-01-01).
( 5 ) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
( 6 ) Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production (OJ L 374, 31.12.1991, p. 1).
( 7 ) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
( 8 ) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
( 9 ) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
( 10 ) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149).
( 11 ) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
( 12 ) Commission Delegated Regulation (EU) 2015/2402 of 12 October 2015 reviewing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the Council and repealing Commission Implementing Decision 2011/877/EU (OJ L 333, 19.12.2015, p. 54).