Directive 2009/29 - Amendment of Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the EC

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on June  5, 2009, entered into force on June 25, 2009 and should have been implemented in national regulation on December 31, 2012 at the latest.

2.

Key information

official title

Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community
 
Legal instrument Directive
Number legal act Directive 2009/29
Original proposal COM(2008)16 EN
CELEX number87 32009L0029

3.

Key dates

Document 23-04-2009
Publication in Official Journal 05-06-2009; Special edition in Croatian: Chapter 15 Volume 030,OJ L 140, 5.6.2009
Effect 25-06-2009; Entry into force Date pub. + 20 See Art 4
End of validity 31-12-9999
Transposition 31-12-2012; At the latest See Art 2

4.

Legislative text

5.6.2009   

EN

Official Journal of the European Union

L 140/63

 

DIRECTIVE 2009/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2009

amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

 

(1)

Directive 2003/87/EC of the European Parliament and of the Council (4) establishes a scheme for greenhouse gas emission allowance trading within the Community (Community scheme) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.

 

(2)

The ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC), which was approved on behalf of the European Community by Council Decision 94/69/EC (5), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In order to meet that objective, the overall global annual mean surface temperature increase should not exceed 2 °C above pre-industrial levels. The latest Intergovernmental Panel on Climate Change (IPCC) Assessment Report shows that in order to reach that objective, global emissions of greenhouse gases must peak by 2020. This implies the increasing of efforts by the Community, the quick involvement of developed countries and encouraging the participation of developing countries in the emission reduction process.

 

(3)

The European Council of March 2007 made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20 % below 1990 levels by 2020, and by 30 % provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. By 2050, global greenhouse gas emissions should be reduced by at least 50 % below their 1990 levels. All sectors of the economy should contribute to achieving these emission reductions, including international maritime shipping and aviation. Aviation is contributing to these reductions through its inclusion in the Community scheme. In the event that no international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation has been approved by the Member States or no such agreement through the UNFCCC has been approved by the Community by 31 December 2011, the Commission should make a proposal to include international maritime emissions according to harmonised modalities in the Community reduction commitment, with the aim of the proposed act entering into force by 2013. Such a proposal should minimise any negative impact on the Community’s competitiveness while taking into account the potential environmental benefits.

 

(4)

In its resolution of 31 January 2008 on the outcome of the Bali Conference on Climate Change (COP 13 and COP/MOP 3) (6), the European Parliament recalled its position that industrialised countries should commit to reducing their greenhouse gas emissions by at least 30 % by 2020 and by 60 to 80 % by 2050, compared to 1990 levels. Given that it anticipates a positive outcome to the COP 15 negotiations that will be held in Copenhagen in 2009, the European Union should begin to prepare tougher emission reduction targets for 2020 and beyond...


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This text has been adopted from EUR-Lex.

5.

Original proposal

  • COM(2008)16 - Amendment of Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the EC
 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:
  • dossier EUR-Lex decision88

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.


  • 1. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 2. 
    Directive 2003/87/EC.

     
  • 3. 
    ibid

     
  • 4. 
    The reports reflecting the issues discussed and the outcome of the discussions are available from: ec.europa.eu/environment/climat/emission/review_en

     
  • 5. 
    It has been suggested that compliance costs could potentially be reduced by up to 30-40% through the inclusion of new sectors and gases provided, however, that certain conditions including accurate monitoring, reporting and verification issues are met. See Final Report of the 1st meeting of the ECCP Working Group on Emissions Trading on the Review of the EU ETS on the Scope of the Directive, ec.europa.eu/environment/climat/emission/review_en

     
  • 6. 
    These figures are estimations, which can be refined further.

     
  • 7. 
    First reading opinion of the European Parliament and political agreement of the Council, on the Commission proposal to include aviation in the EU ETS.

     
  • 8. 
    When complete emission figures are available for 2006, the Commission would be willing to consider using the average emissions in 2005 and 2006 in the EU ETS as the basis for this distribution.

     
  • 9. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 10. 
    Emissions Trading Scheme
     
  • 11. 
    OJ C , , p. .

     
  • 12. 
    OJ C , , p. .

     
  • 13. 
    OJ C , , p. .

     
  • 14. 
    OJ C , , p. .

     
  • 15. 
    OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC ( OJ L 338, 13.11.2004, p. 18).

     
  • 16. 
    OJ L 33, 7.2.1994, p. 11.

     
  • 17. 
    Intergovernmental Panel on Climate Change 4th Assessment report, adopted on 17 November 2007 in Valencia, Spain, and available at www.ipcc.ch

     
  • 18. 
    Conclusions of the meeting of the European Council of 8-9 March 2007 in Brussels.

     
  • 19. 
    COM(2006) 583, 6.10.2006.

     
  • 20. 
    Directive 2003/87/EC.

     
  • 21. 
    13th Conference of the Parties to the UNFCCC, and 3rd Meeting of the Parties to the Kyoto Protocol, held in Bali, Indonesia from 3-14 December 2007.

     
  • 22. 
    OJ L 49, 19.2.2004, p. 1.

     
  • 23. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 24. 
    Emissions Trading Scheme
     
  • 25. 
    Emissions Trading Scheme
     
  • 26. 
    Emissions Trading Scheme
     
  • 27. 
    Emissions Trading Scheme
     
  • 28. 
    Emissions Trading Scheme
     
  • 29. 
    Emissions Trading Scheme
     
  • 30. 
    Directive 2003/87/EC.

     
  • 31. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 32. 
    EU objectives for the further development of the international climate regime beyond 2012, Council Conclusions of 20 February 2007, available from:register.consilium.europa.eu/pdf/en/07/st06

     
  • 33. 
    These figures are estimations, which can be refined further.

     
  • 34. 
    Directive xxxx/xx/EC on the geological storage of carbon dioxide.

     
  • 35. 
    Expenditure that does not fall under
     
  • 36. 
    Expenditure within Article xx 01 04 of Title xx.

     
  • 37. 
    Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05.

     
  • 38. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 39. 
    The reports reflecting the issues discussed and the outcome of the discussions are available from: ec.europa.eu/environment/climat/emission/review_en

     
  • 40. 
    Cost of which is NOT covered by the reference amount.

     
  • 41. 
    Cost of which is NOT covered by the reference amount.

     
  • 42. 
    Cost of which is included in the reference amount.

     
  • 43. 
    Specify the type of committee and the group to which it belongs.

     
  • 44. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 45. 
    Directive 2003/87/EC.

     
  • 46. 
    ibid

     
  • 47. 
    The reports reflecting the issues discussed and the outcome of the discussions are available from: ec.europa.eu/environment/climat/emission/review_en

     
  • 48. 
    It has been suggested that compliance costs could potentially be reduced by up to 30-40% through the inclusion of new sectors and gases provided, however, that certain conditions including accurate monitoring, reporting and verification issues are met. See Final Report of the 1st meeting of the ECCP Working Group on Emissions Trading on the Review of the EU ETS on the Scope of the Directive, ec.europa.eu/environment/climat/emission/review_en

     
  • 49. 
    These figures are estimations, which can be refined further.

     
  • 50. 
    First reading opinion of the European Parliament and political agreement of the Council, on the Commission proposal to include aviation in the EU ETS.

     
  • 51. 
    When complete emission figures are available for 2006, the Commission would be willing to consider using the average emissions in 2005 and 2006 in the EU ETS as the basis for this distribution.

     
  • 52. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 53. 
    Emissions Trading Scheme
     
  • 54. 
    OJ C , , p. .

     
  • 55. 
    OJ C , , p. .

     
  • 56. 
    OJ C , , p. .

     
  • 57. 
    OJ C , , p. .

     
  • 58. 
    OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC ( OJ L 338, 13.11.2004, p. 18).

     
  • 59. 
    OJ L 33, 7.2.1994, p. 11.

     
  • 60. 
    Intergovernmental Panel on Climate Change 4th Assessment report, adopted on 17 November 2007 in Valencia, Spain, and available at www.ipcc.ch

     
  • 61. 
    Conclusions of the meeting of the European Council of 8-9 March 2007 in Brussels.

     
  • 62. 
    COM(2006) 583, 6.10.2006.

     
  • 63. 
    Directive 2003/87/EC.

     
  • 64. 
    13th Conference of the Parties to the UNFCCC, and 3rd Meeting of the Parties to the Kyoto Protocol, held in Bali, Indonesia from 3-14 December 2007.

     
  • 65. 
    OJ L 49, 19.2.2004, p. 1.

     
  • 66. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 67. 
    Emissions Trading Scheme
     
  • 68. 
    Emissions Trading Scheme
     
  • 69. 
    Emissions Trading Scheme
     
  • 70. 
    Emissions Trading Scheme
     
  • 71. 
    Emissions Trading Scheme
     
  • 72. 
    Emissions Trading Scheme
     
  • 73. 
    Directive 2003/87/EC.

     
  • 74. 
    The World Bank, State and Trends of the Carbon Market, May 2007.

     
  • 75. 
    EU objectives for the further development of the international climate regime beyond 2012, Council Conclusions of 20 February 2007, available from:register.consilium.europa.eu/pdf/en/07/st06

     
  • 76. 
    These figures are estimations, which can be refined further.

     
  • 77. 
    Directive xxxx/xx/EC on the geological storage of carbon dioxide.

     
  • 78. 
    Expenditure that does not fall under
     
  • 79. 
    Expenditure within Article xx 01 04 of Title xx.

     
  • 80. 
    Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05.

     
  • 81. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 82. 
    The reports reflecting the issues discussed and the outcome of the discussions are available from: ec.europa.eu/environment/climat/emission/review_en

     
  • 83. 
    Cost of which is NOT covered by the reference amount.

     
  • 84. 
    Cost of which is NOT covered by the reference amount.

     
  • 85. 
    Cost of which is included in the reference amount.

     
  • 86. 
    Specify the type of committee and the group to which it
     
  • 87. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 88. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.