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Document E2022C0010
EFTA Surveillance Authority Decision No 10/22/COL of 26 January 2022 supplementing the Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2022/1353]
EFTA Surveillance Authority Decision No 10/22/COL of 26 January 2022 supplementing the Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2022/1353]
EFTA Surveillance Authority Decision No 10/22/COL of 26 January 2022 supplementing the Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2022/1353]
OJ L 204, 4.8.2022, p. 3–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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4.8.2022 |
EN |
Official Journal of the European Union |
L 204/3 |
EFTA SURVEILLANCE AUTHORITY DECISION No 10/22/COL
of 26 January 2022
supplementing the Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2022/1353]
THE EFTA SURVEILLANCE AUTHORITY (‘ESA’),
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), in particular to Articles 61 to 63 and Protocol 26,
Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court Agreement’), in particular to Article 24 and Article 5(2)(b),
Whereas:
Under Article 24 of the Surveillance and Court Agreement, ESA is to give effect to the provisions of the EEA Agreement concerning State aid.
Under Article 5(2)(b) of the Surveillance and Court Agreement, ESA is to issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if ESA considers it necessary.
On 16 December 2020, ESA adopted Decision No 156/20/COL, introducing Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (‘ESA’s ETS Guidelines’) (1).
These Guidelines correspond to the European Commission’s (‘the Commission’) Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021, adopted on 21 September 2020 (‘the Commission’s ETS Guidelines’) (2).
On 24 November 2021, the Commission adopted a Communication supplementing the ETS Guidelines (‘the Supplements to the Commission’s ETS Guidelines’) (3).
The Supplements to the Commission’s ETS Guidelines are also of relevance for the European Economic Area (‘the EEA’).
Uniform application of the EEA State aid rules is to be ensured throughout the EEA in line with the objective of homogeneity established in Article 1 of the EEA Agreement.
It is appropriate to supplement ESA’s ETS Guidelines in line with the Supplements to the Commission’s ETS Guidelines (4).
The present supplements to ESA’s ETS Guidelines provide factors for the calculation of the compensation amounts for indirect costs incurred by the beneficiaries as from 2021 and constitute important elements to ensure the proportionality of aid measures granted under the ETS Guidelines and are therefore, in line with paragraph 65 of ESA’s ETS Guidelines, applicable from 1 January 2021.
According to paragraph II under the heading ‘GENERAL’ of Annex XV to the EEA Agreement, ESA, after consultation with the Commission, is to adopt acts corresponding to those adopted by the Commission.
Having consulted the European Commission,
Having consulted the EFTA States,
HAS ADOPTED THIS DECISION:
Sole Article
1. ESA introduces Supplements to the Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021. The Supplements are annexed to this Decision and form an integral part of it.
2. ESA applies the Supplements to its ETS Guidelines with effect from 1 January 2021.
Done at Brussels, 26 January 2022.
For the EFTA Surveillance Authority
Arne RØKSUND
President
Responsible College Member
Stefan BARRIGA
College Member
Árni Páll ÁRNASON
College Member
Melpo-Menie JOSÉPHIDÈS
Countersigning as Director,
Legal and Executive Affairs
(1) EFTA Surveillance Authority Decision No 156/20/COL of 16 December 2020 adopting Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2021/604] (OJ L 130, 15.4.2021, p. 1, and EEA Supplement No 27, 15.4.2021, p. 3).
(2) Communication from the Commission Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (OJ C 317, 25.9.2020, p. 5).
(3) C(2021)8413 final. The Supplements to the Commission’s ETS Guidelines have not yet been published in the Official Journal of the European Union.
(4) Document No 1254304.
ANNEX
Supplements to the guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021
The guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (1) are supplemented as follows:
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(1) |
in point 15, number 15, the figure ‘80’ is inserted in the place of the indication ‘[…]’, and two paragraphs are added, so as for the current wording of that definition to read as follows:
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(2) |
in point 28, point (b), the description of the factor Ct used in the formula is supplemented, so as for the current wording of that point to read as follows:
Amaxt = Ai × Ct × Pt-1 × EF × AECt In this formula, Ai is the aid intensity, expressed as a fraction (e.g. 0,75); Ct is the applicable CO2 emission factor or market-based CO2 emission factor (tCO2/MWh) (at year t); Pt-1 is the EUA forward price at year t-1 (EUR/tCO2); EF is the fall-back electricity consumption efficiency benchmark as defined in point 15 number 15.; and AEC is the actual electricity consumption (MWh) in year t.’; |
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(3) |
in the table in Annex I, the description of the sector covered by the NACE code 20.16.40.15 is completed/supplemented, so as for the current wording of that description to read as follows: ‘Polyethylene glycols and other polyether alcohols, in primary forms’; |
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(4) |
the following Annex II is inserted: ‘ANNEX II Electricity consumption efficiency benchmarks and annual reduction rates for products referred to in Annex I — Electricity consumption efficiency benchmarks for products referred to in Annex I with exchangeability of fuel and electricity: Products for which exchangeability of fuel and electricity was established in Section 2 of Annex I to Delegated Regulation (EU) 2019/331. Delegated Regulation (EU) 2019/331 in Annex I established that in respect of certain products there is substitutability between fuel and electricity. For those products, it is not appropriate to set a benchmark on the basis of MWh/t of product. Instead, starting points are the specific greenhouse gases emission curves derived for the direct emissions. For those products, the product benchmarks were determined on the basis of the sum of direct emissions (from energy and process emissions), as well as indirect emissions arising from the use of the inter-exchangeable part of the electricity. In those cases, factor ‘E’ in the formula for the calculation of the maximum aid as referred to in point 28(a) of these Guidelines is to be replaced by the following term that converts a product benchmark laid down in Delegated Regulation (EU) 2019/331 into an electricity consumption efficiency benchmark on the basis of an average European CO2 emission factor of 0,376 tCO2/MWh: Existing product benchmark from Annex section 2 from Commission Implementing Regulation (EU) 2021/447 (*1) (in tCO2/t) × share of relevant indirect emissions over the baseline period (%)/0,376 (tCO2/MWh). The value of the efficiency benchmarks for products with exchangeability of fuel and electricity to be applied in the period 2021 – 2025 can be found in the Implementing Regulation (EU) 2021/447 of 12 March 2021 determining revised benchmark values for free allocation of emission allowances for the period 2021 to 2025 pursuant to Article 10a(2) of Directive 2003/87/EC of the European Parliament and of the Council. — Efficiency benchmarks for products referred to in Annex I that are not listed in Table 1 of this Annex The fall back electricity consumption efficiency benchmark as defined in point 15 number 15 of these Guidelines is applicable for all eligible products referred to in Annex I for which an electricity consumption efficiency benchmark is not defined. — Updated efficiency benchmarks for certain products referred to in Annex I Table 1 lists the benchmark values that should be used as a starting point for the determination of the applicable efficiency benchmark for a specific year, taking into account the corresponding annual reduction rate. That annual reduction rate describes by how much the benchmarks will be automatically reduced annually. Unless stated otherwise in Table 1, all efficiency benchmarks (including the ‘fall back electricity consumption efficiency benchmark’) shall be reduced (as from year t = 2022) by 1,09 % on an annual basis, according to the following formula: efficiency benchmark applicable in (year t) = benchmark value in 2021 × (1 + annual reduction rate) ^ (year t – 2021) Table 1 Electricity consumption efficiency benchmarks for certain products referred to in Annex I
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(5) |
in Annex III, the numerical data is inserted in the third column of the table, so as for the current wording of that Annex to read as follows: ‘ANNEX III Maximum regional CO2 emission factors in different geographic areas (*) (tCO2/MWh)
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(1) EFTA Surveillance Authority Decision No 156/20/COL of 16 December 2020 adopting Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [2021/604] (OJ L 130, 15.4.2021, p. 1, and EEA Supplement No 27, 15.4.2021, p. 3).
(*1) Commission Implementing Regulation (EU) 2021/447 of 12 March 2021 determining revised benchmark values for free allocation of emission allowances for the period from 2021 to 2025 pursuant to Article 10a(2) of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 87, 15.3.2021, p. 29). Implementing Regulation (EU) 2021/447 is incorporated into the EEA Agreement at point 21alo of Annex XX by EEA Joint Committee Decision No 221/2021 (not yet published).
(*) The geographic area for Liechtenstein and the applicable CO2 emission factor will be established at a later stage.
(*1) The CO2 emission factor applicable for Iceland will be established at a later stage.
(*2) he CO2 emission factor applicable for Norway will be established at a later stage.’