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

Published date: 27 February 2019

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)

	Recitals
	Chapter I General provisions (arts. 1-3)
	Article 1 Scope
	Article 2 Definitions
	Article 3 National administrative arrangements
	Chapter II Application, data reporting and monitoring rules (arts. 4-13)
	Article 4 Application for free allocation by operators of incumbent installations
	Article 5 Application for free allocation by new entrants
	Article 6 General obligation to monitor
	Article 7 Monitoring principles
	Article 8 Content and submission of the monitoring methodology plan
	Article 9 Changes to the monitoring methodology plan
	Article 10 Division into sub-installations
	Article 11 Control system
	Article 12 Data gaps
	Article 13 Use of electronic templates
	Chapter III Allocation rules (arts. 14-26)
	Article 14 National implementation measures
	Article 15 Historical activity level for incumbent installations
	Article 16 Allocation at installation level for incumbent installations
	Article 17 Historical activity level for new entrants
	Article 18 Allocation to new entrants
	Article 19 Allocation in respect of steam cracking
	Article 20 Allocation in respect of vinyl chloride monomer
	Article 21 Heat flows between installations
	Article 22 Exchangeability of fuel and electricity
	Article 22a Conditionality of free allocation on implementation of energy efficiency improvement measures
	Article 22b Conditionality of free allocation on climate-neutrality plans
	Article 22c Non-cumulative nature of the 20 % reduction in Articles 22a and 22b
	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
	Article 24 Renunciation of free allocation of allowances
	Article 25 Mergers and splits
	Article 26 Cessation of operations of an installation
	Chapter IV Final provisions (arts. 27-28)
	Article 27 Repeal of Decision 2011/278/EU
	Article 28 Entry into force
	Annex I Benchmarks
	Annex II Specific product benchmarks
	Annex III Historical activity level for specific benchmarks referred to in Articles 15(8) and 17(f)
	Annex IV Parameters for baseline data collection
	Annex V Factors applicable for reducing free allocation pursuant to Article 10b(4) of Directive 2003/87/EC
	Annex VI Minimum content of the monitoring methodology plan
	Annex VII Data monitoring methods
	Annex VIII Determination of eligible Member States pursuant to Article 22b(3)
	Done at