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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)

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