Free allocation

• 04/11/2019 - Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes
• 27/02/2019 - 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
• 05/09/2013 - 2013/448/EU - Commission Decision concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council
• 05/09/2013 - 2013/447/EU - Commission Decision on the standard capacity utilisation factor pursuant to Article 18(2) of Decision 2011/278/EU
• 27/04/2011 - 2011/278/EU - Decision 2011/278/EU - determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC

• 08/02/2011 - Explanatory paper for MEPs
• 22/10/2010 - Impact assessment (executive summary)
• 22/10/2010 - Impact assessment

• 12/10/2021 - Update of benchmark values for the years 2021 – 2025 of phase 4 of the EU ETS

• 12/12/2024 - Status table on the allocation of free allowances for 2024
• 22/06/2023 - Status table on the allocation of free allowances for 2023
• 01/12/2022 - Status table on the allocation of free allowances for 2022
• 28/04/2022 - Status table on the allocation of free allowances for 2021
• 15/05/2020 - Status table on the allocation of free allowances for 2020

• 15/01/2020 - Status table on the New Entrants' Reserve
• 22/07/2015 - Status table on New Entrants' Reserve and allocation reductions 2015
• 04/07/2014 - Status table on NER and cessation 2013

• 02/2017 - Publication of aggregated production data used to determine free allocations under the EU ETS for the period 2013-2020
• 09/11/2011 - Questions & Answers on the harmonised free allocation methodology for the EU-ETS post 2012

• 25/01/2017 - 2017/126/EU – Commission Decision amending Decision 2013/448/EU as regards the establishment of a uniform cross-sectoral correction factor in accordance with Article 10a of Directive 2003/87/EC
• 24/01/2017 - Questions and Answers on the Commission's decision revising the cross-sectoral correction factor (CSCF)
• 22/10/2013 - Calculations for the determination of the cross-sectoral correction factor in the EU ETS in 2013 to 2020
• 22/10/2013 - Questions and Answers on the Commission's decision on national implementation measures (NIMs), on the cross-sectoral correction factor (CSCF), on the impact of the NIMs decision on auction volumes, and on the Commission's decision on standard capacity utilisation factors (SCUFs)

The following guidance documents and templates are prepared for the implementation of the 4^th phase, second allocation period.

Document description

• Baseline Data Report template
• Monitoring Methodology Plan template
• Climate Neutrality Plan template
• 80^th percentile (P80) values on the corresponding benchmark curve for the determination of installations regarding conditionality on climate neutrality plans
• Verification Report template
• GD 1: General Guidance to the allocation methodology
• GD 2: Guidance on determining the allocation at installation level
• GD 3: Data collection guidance
• GD 4: Verification of FAR Baseline Data Reports and Annual Activity Level Reports
• GD 5: Guidance on Monitoring and Reporting in Relation to the Free Allocation Rules
• GD 6: Cross-Boundary Heat Flows
• GD 8: Waste gases and process emissions sub-installation
• GD 9: Sector-specific guidance
• GD 11: Guidance on Climate-neutrality plans as a condition to free allocation
• GD 12: Guidance on conditionality of free allocation on implementation of energy efficiency improvement measures

The following guidance documents and templates are prepared for the implementation of the 4^th phase, first allocation period.

Document description

• Activity Level Changes template for new entrants submitting for the first time in/after 2024
• Updated Activity Level Changes template including revised rules for cessations
• Update of benchmark values for the years 2021 –2025 of phase 4 of the EU ETS
• General Guidance to the allocation methodology (GD1)
• Guidance on determining the allocation at installation level (GD2)
• Data collection guidance (GD3)
• Verification of FAR Baseline Data Reports and validation of Monitoring Methodology Plans (GD4)
• Guidance on Monitoring and Reporting in Relation to the Free Allocation Rules (GD5)
• Cross-Boundary Heat Flows (GD6)
• Guidance on allocation level changes (GD7)
• Waste gases and process emissions sub-installation (GD8)
• Sector-specific guidance (GD9)
• Guidance on allocation for mergers and splits (GD10)
• Baseline Data Report template
• Monitoring Methodology Plan template
• Verification report template
• Best Practice Guidance for small installations - Article 27
• Report template for allocation to new entrants, allocation level changes and cessations
• Activity Level Changes (ALC) Verification Report template
• Activity Level Changes (ALC) Frequently Asked Questions
• FAR workshops and Frequently Asked Questions
• M&R Training Event on Free Allocation issues (FAR and ALC)

The following guidance documents and templates were endorsed by the Climate Change Committee on 14 April 2011.

Document description

• General guidance to the allocation methodology (GD1)
• Guidance on allocation methodologies (GD2)
• Data collection guidance (GD3)
• Verification of NIMs Baseline Data Reports and Methodology Reports Verification of NIMs Baseline Data (GD4)
• Guidance on carbon leakage (GD5)
• Cross-boundary heat flows (GD6)
• Waste gases and process emissions sub-installation (GD8)
• Sector-specific guidance (GD9)
• Data collection template (EN version, updated on 25 May 2011 to take into account the carbon leakage list revision, although the latter has not yet been adopted)
  Please note that operators should always consult the competent authority of the Member State concerned before using this template.
• Methodology report template
• List of recent changes (20 December 2011)

In order to address some specific cases and complement the explanation contained in the template itself or in the data collection guidance document ("GD3"), complementary instructions have been developed.

Be aware that some other Guidance Documents mentioned above (for incumbents) remain valid and/or relevant for the new entrants and closures.

Document description

• Guidance document on New Entrants and closures updated with Annex I (GD7)
• Guidance document on allocation for mergers and splits (GD10)
• Frequently Asked Questions on New Entrants & Closures Applications
• New entrants and closures Template (NE&C template) (please always refer to the Member State to request the translated and Member State specific template) (updated 23/06/2015)
• Example procedure for monitoring activity levels and significant capacity changes for the purpose of Article 24(1) of the CIMs: this is an example procedure, please always refer to the Member State where the installation is situated to learn about the national specificities)
• Example procedure Template

• 2015 - Ex-post investigation of cost pass-through in the EU ETS - An analysis for six sectors
• 2015 - Study on the Impacts On Low Carbon Actions and Investments of the Installations Falling Under The EU Emissions Trading System (EU ETS)
• 2010 - Discussion paper prepared by Umweltbundesamt Austria to stimulate the discussion with the Member States
• 2009 - Study consisting of a main report and 13 sector studies by consultants Ecofys, in cooperation with Fraunhofer Institute for Systems and Innovation Research, and Öko-Institut:
  • Project Approach and general issues
  • Sector report aluminium
  • Sector report cement
  • Sector report ceramics
  • Sector report chemicals
  • Sector report glass
  • Sector report gypsum
  • Sector report iron and steel
  • Sector report iron ore
  • Sector report lime
  • Sector report mineral wool
  • Sector report non ferrous metals (except aluminium)
  • Sector report pulp and paper
  • Sector report refineries
  • Presentation on benchmark studies (30 March 2009)
  • Study on benchmarking principles (February 2009)
• 2008 - Study by Entec on developing benchmarks for N2O activities and their unilateral inclusion in the EU ETS for 2008-2012

The revised ETS Directive introduced the concept of an EU-wide, harmonised, approach for the allocation of allowances. It provides that for the third phase of the ETS (2013-2020) full auctioning is the rule for the power sector and that a transitional system for free allocation, based on benchmarks, has been put in place for other sectors.

The Commission Decision 2011/278/EU adopted on 27 April 2011 sets out these rules for free allocation, including the benchmarks. It is an important decision, with direct financial implications for industry, as allowances which companies need to cover their emissions and do not receive for free will have to be bought at market prices. It is also a milestone for climate policy, as it shows that the EU is pressing ahead with the implementation of its ambitious climate agenda, and that it is serious in striving for a low carbon economy where all sectors will need to contribute to emission reductions.

This implementing measure falls under a so-called comitology procedure. This means that the Commission proposal is discussed with the Member States' experts, with a view to reaching a favourable opinion in the Climate Change Committee. Following a favourable vote, there is a 3-month scrutiny period by the European Parliament and the Council. In case there is no rejection by the European Parliament and the Council by the end of the 3-month scrutiny period, the Commission will formally adopt the decision.

The Climate Change Committee voted in favour of the Commission proposal on 15 December 2010. The 3-month scrutiny period commenced after the winter recess period of the EU institutions and ended on 8 April 2011. The Commission Decision 2011/278/EU was adopted on 27 April 2011.

The Commission has done an unprecedented amount of consultation for this file. Over the course of the work on this implementing measure over the last two years, the Commission has continuously consulted numerous stakeholders, such as industry (including all relevant EU-level sector associations directly affected by the ETS), NGOs, Member States' representatives, European Parliament representatives and academics.

In 2009 and 2010 the Commission held several large stakeholder meetings on the subject of benchmarking and allocation rules, which involved some 100 participants and gave stakeholders the opportunity to present and discuss their views. The presentations given, lists of participants, and conclusions of the workshops have been published on the Commission's website.

In addition, the Commission services have been in a constant bilateral dialogue with stakeholders since early 2009. To date more than 100 bilateral meetings with stakeholders were held in order to ensure in-depth consultation of their specific views.

In short, the allocation of allowances for an installation will in principle be calculated by multiplying a benchmark value with the historic production data of the installation, for each product falling under the definition of a product benchmark.

If an installation also produces products not covered by a product benchmark, additional allowances will be provided based on heat or fuel use for those products (so-called fallback approaches). For these installations it will also be possible to get allocation for process emissions (not related to energy use). Process emissions are already included in the product benchmarks, but not in the heat or fuel benchmarks.

There are thus four allocation methods – product benchmarks (estimated to cover around 75% of eligible emissions), and three fallback approaches: heat benchmark (estimated to cover around 20% of eligible emissions), fuel benchmark (estimated to cover around 5% of eligible emissions), and process emissions (estimated to cover less than 1% of eligible emissions).

A number of additional factors may be applied to the allocation formula, such as a carbon leakage factor, a linear reduction factor, and the cross-sectoral correction factor.

The Commission proposal contains 52 product benchmarks, which are mostly products from activities that are explicitly mentioned in Annex I to the ETS Directive.

The selection of product benchmarks was made in view of having a maximum amount of emissions covered by a feasible number of product benchmarks. Criteria used were emissions, number of installations and homogeneity of products.

In principle, the ETS Directive requires the benchmarks to be set at a level reflecting the average performance of the 10% most efficient installations in a sector or subsector in the EU in the years 2007-2008. To determine the most efficient installations, each installation's greenhouse gas intensity in the years 2007-2008 was collected, i.e. their amount of greenhouse gases emitted per amount of product produced by them.

This data collection was carried out by European industry associations under guidance by the Commission. The collected data was verified by third-parties and further plausibility checks were carried out to ensure its solidity.

The benchmarks are in most cases based on the average of the 10% most efficient installations in a (sub)sector in the EU, as stipulated in the ETS Directive. Therefore, they are derived from real-life industrial production in recent years (2007-08) and are achievable, by definition. The achievability of the benchmarks in practice has been carefully evaluated by the Commission services.

Being set at the level of the best performers, as required by the ETS Directive, they may represent a challenge for some installations and necessitate a transition to significantly more greenhouse gas- and fuel-efficient production. However, such a transition is necessary for EU industry, in particular with a view to achieving the ambitious cuts in emissions that will be required by 2050.

The benchmarks are very important for the achievement of a low-carbon economy. They provide a strong signal for what is possible in terms of low-carbon production. They have been developed per product where feasible, without differentiating according to the technology, fuels or raw materials used or by geographic location.

Member States can use their revenues from auctioning emission allowances to support infrastructure providers, producers or consumers in making this transition. This can be done through a range of measures to modernise industry and energy systems, improve energy infrastructure, support the use of renewable energy and reduce any social impact on vulnerable citizens, for example.

A special provision on district heating delivered to households has been included. It will provide district heating installations that have high emissions with a temporary and declining extra allocation.

This is to smoothen the transition to a significantly reduced allocation compared to the current situation and thus to alleviate social effects of potentially increased heat costs for private households.

According to Article 11 (1) of the ETS Directive, the absolute number of free allowances to be allocated per installation will be calculated by the Member States on the basis of the free allocation rules. The Member States had to submit these so-called national implementation measures (NIMs) to the Commission by 30 September 2011. Most NIMs were however only submitted in the course of 2012.

To ensure that the Member States apply the rules correctly, the Commission is checking their national implementing measures. In this context, the Commission may reject the lists of installations and their allocations as calculated by the Member States if it deems them not in line with the harmonised rules. In addition, the Commission may launch infringement procedures against any Member State deemed in breach of the harmonised rules.

Once all the planned allocations for installations in all Member States have been checked and no objections have been raised, the legislation allows the Commission to calculate if and as of which year the so called cross-sectoral correction factor will have to be applied. On this basis Member States can take final allocation decisions and issue the allowances for 2013. The allowances allocated for free in 2013 can be used for compliance for 2013 emissions to be reported in 2014, but not for 2012 emissions.

To help the Member States in applying the free allocation rules, the Commission has provided guidance papers. They are published on this website, under "Documentation". The following guidance documents address the respective issues in the context of the free allocation rules:

1. General guidance
2. Allocation methodologies
3. Data collection
4. Verification
5. Carbon leakage
6. Cross-boundary heat flows
7. New entrants and closures
8. Waste gases
9. Sector-specific guidance

The Commission is also preparing a data collection template that Member States may use to collect from operators the data necessary for calculating the number of free allowances per installation.

The 2013 Status table published on the DG Climate Action website gives an overview of the process in which Member States submit their National Allocation Tables (NATs) and the Commission takes its NAT Decisions allowing Member States to actually allocate. This Status table also provides the nominal number of allowances to be allocated for free in each Member State, before any change due to adjustments in operations of installations.

The allocations to individual installations that are actually uploaded to the Union Registry may be different than the ones reported in the Status table because of allocation changes due to adjusted 2012 production for some installations. For example, if an installation in 2012 produced less than 50% of its baseline production, or reduced significantly its capacity to produce, its free allocation is reduced. Similarly, if an installation significantly increased its capacity to produce, or if there is a new installation entitled to receive free allocation, the free allocation increases.

One more reason for the difference between the two values is that for a few installations that did not yet open their accounts in the Union registry, the allowances are not yet uploaded. These allowances will be uploaded as the accounts are being opened.

Member States for which the National Allocation Tables have been uploaded to the Union Registry may also transfer 2014 allowances for those installations where there is certainty that no reductions in 2014 allocations – due to significant reductions in capacity or operations in 2013 – are required.

In fact, as the initial National Allocation Tables include allocations for all years of phase 3, Member States do not need to notify a new National Allocation Table each year before handing out the free allowances. New notifications from Member States are necessary only if there are changes to the National Allocation Tables resulting from adjustments in operations of installations. In such a case the Member State has to submit a revision to the NAT, a NAT Change. Once the Commission adopts its decision on the NAT Change, the amount of allowances uploaded to the Union Registry for the installations concerned is amended for all the remaining years of phase 3.

The amount of free allowances as approved in the NAT and uploaded in the Union Registry per Member State will most likely be subject to limited changes throughout phase 3. These changes are due to any production and capacity adjustment beyond thresholds fixed in the harmonised free allocation rules as outlined above. In addition, changes can occur in case production levels return to normal after having been below the thresholds that lead to reduced allocation. All such changes should be reported by the Member States to the Commission in the form of NAT Changes.

Member States were invited to inform the public in advance, via their website, on when they will be ready to start handing out 2014 allowances. In addition, a regularly updated overview table with the amount of allowances that have been allocated per Member State will be published in the Climate Action website.