Version status: Entered into force | Document consolidation status: Updated to reflect all known changes

Published date: 25 October 2003

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (Text with EEA relevance) (EU Emissions Trading System (EU ETS) Directive)

	Recitals
	Chapter I General provisions (arts. 1-3)
	Article 1 Subject matter
	Article 2 Scope
	Article 3 Definitions
	Chapter II Aviation and Maritime Transport (arts. 3a-3gg)
	Article 3a Scope
	Article 3b Aviation activities
	Article 3c Total quantity of allowances for aviation
	Article 3d Method of allocation of allowances for aviation through auctioning
	Article 3e Allocation and issue of allowances to aircraft operators
	Article 3f Special reserve for certain aircraft operators
	Article 3g Monitoring and reporting plans
	Article 3ga Scope of application to maritime transport activities
	Article 3gb Phase-in of requirements for maritime transport
	Article 3gc Provisions for transfer of the costs of the EU ETS from the shipping company to another entity
	Article 3gd Monitoring and reporting of emissions from maritime transport
	Article 3ge Verification and accreditation rules for emissions from maritime transport
	Article 3gf Administering authority in respect of a shipping company
	Article 3gg Reporting and review
	Chapter III Stationary installations (arts. 3h-11)
	Article 3h Scope
	Article 4 Greenhouse gas emissions permits
	Article 5 Applications for greenhouse gas emissions permits
	Article 6 Conditions for and contents of the greenhouse gas emissions permit
	Article 7 Changes relating to installations
	Article 8 Coordination with Directive 2010/75/EU
	Article 9 Union-wide quantity of allowances
	Article 9a Adjustment of the Union-wide quantity of allowances
	Article 10 Auctioning of allowances
	⚠ Article 10a Transitional Union-wide rules for harmonised free allocation
	Article 10b Transitional measures to support certain energy intensive industries in the event of carbon leakage
	Article 10c Option for transitional free allocation for the modernisation of the energy sector
	Article 10ca Earlier deadline for transitional free allocation for the modernisation of the energy sector
	Article 10d Modernisation Fund
	Article 10e Recovery and Resilience Facility
	Article 10f "Do no significant harm" principle
	Article 11 National implementation measures
	Chapter IV Provisions Applying to Aviation, Maritime Transport and Stationary Installations (arts. 11a-30)
	Article 11a Use of CERs and ERUs from project activities in the EU ETS before the entry into force of an international agreement on climate change
	Article 11b Project activities
	Article 12 Transfer, surrender and cancellation of allowances
	Article 13 Validity of allowances
	Article 14 Monitoring and reporting of emissions
	Article 15 Verification and accreditation
	Article 15a Disclosure of information and professional secrecy
	Article 16 Penalties
	Article 17 Access to information
	Article 18 Competent authority
	Article 18a Administering Member State
	Article 18b Assistance from the Commission, EMSA and other relevant organisations
	Article 19 Registries
	Article 20 Central Administrator
	Article 21 Reporting by Member States
	Article 21a Support of capacity-building activities
	Article 22 Amendments to the Annexes
	Article 22a Committee procedure
	Article 23 Exercise of the delegation
	Article 24 Procedures for unilateral inclusion of additional activities and gases
	Article 24a Harmonised rules for projects that reduce emissions
	Article 25 Links with other greenhouse gas emissions trading schemes
	Article 25a Third country measures to reduce the climate change impact of aviation
	Article 26 Amendment of Directive 96/61/EC
	Article 27 Exclusion of small installations subject to equivalent measures
	Article 27a Optional exclusion of installations emitting less than 2 500 tonnes
	Article 28 Adjustments applicable upon the approval by the Union of an international agreement on climate change
	Article 28a Derogations applicable in advance of the mandatory implementation of ICAO's global market-based measure
	Article 28b Reporting and review by the Commission concerning the implementation of ICAO's global market-based measure
	Article 28c Provisions for monitoring, reporting and verification for the purpose of the global market-based measure
	Article 29 Report to ensure the better functioning of the carbon market
	Article 29a Measures in the event of excessive price fluctuations
	Article 30 Review in the light of the implementation of the Paris Agreement and the development of carbon markets in other major economies
	Chapter IVa Emissions Trading System for Buildings, Road Transport and additional Sectors (arts. 30a-30k)
	Article 30a Scope
	Article 30b Greenhouse gas emissions permits
	Article 30c Union-wide quantity of allowances
	Article 30d Auctioning of allowances for the activity referred to in Annex III
	Article 30e Transfer, surrender and cancellation of allowances
	Article 30f Monitoring, reporting, verification of emissions and accreditation
	Article 30g Administration
	Article 30h Measures in the event of an excessive price increase
	Article 30i Review of this Chapter
	Article 30j Procedures for unilateral extension of the activity referred to in Annex III to other sectors not subject to Chapters II and III
	Article 30k Postponement of emissions trading for buildings, road transport and additional sectors until 2028 in the event of exceptionally high energy prices
	Chapter IVb Scientific Advice and Visibility of Funding (arts. 30l-30m)
	Article 30l Scientific advice
	Article 30m Information, communication and publicity
	Chapter V Final Provisions (arts. 31-33)
	Article 31 Implementation
	Article 32 Entry into force
	Article 33 Addressees
	Annex I Categories of activities to which this Directive applies
	Annex II Greenhouse gases referred to in Articles 3 and 30
	Annex IIa Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a), for the purpose of Union solidarity and Growth in order to reduce emissions and adapt to the effects of climate change
	Annex IIb
	Annex III Activity covered by Chapter IVa
	Annex IIIa Adjustment of linear reduction factor in accordance with Article 30c(2)
	Annex IV Principles for monitoring and reporting referred to in Article 14(1)
	Annex V Criteria for verification referred to in Article 15
	Done at