Overview of the legal framework of the Green Deal

Emissions Trading Directive (EHS I)

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Emissions Trading Directive (EHS I)

Under the emissions trading system, which is based on the 'polluter pays' principle, more than 10,000 power plants and industrial production facilities are obliged to hold an allowance (in the form of emission certificates) for every tonne of CO₂ they emit. The less pollution, the lower the costs. Companies must purchase emission allowances (certificates) at auctions (auctions). The price depends on supply and demand.
Some allowances are allocated free of charge - especially in areas where there is a risk that companies will relocate their production to other countries where less stringent emissions requirements must be met (‘carbon leakage’).

Objectives:

Financial incentives to pollute less Reduction of emissions




Which reforms are planned?
From 2024
Inclusion of emissions from municipal waste incineration plants.
By 2026
The free certificates for the aviation sector will expire to promote the use of sustainable aviation fuels.
From 2027
(could also be postponed to 2028 to protect citizens in the event of exceptionally high energy prices)
Creation of a separate emissions trading system (ETSII) for buildings and road transport
By 2030
Reduction of the number of certificates available each year to cut emissions by 62%.
By 2034
Phasing out free allowances for industry while phasing in the EU's carbon border adjustment scheme. This would apply a carbon price to imported goods from less ambitious countries and prevent companies from relocating production to a country with less stringent regulations.
In order to adapt the ETS to the higher emission reduction targets of the European Green Deal, the EU agreed in December 2022 to update the regulation, which provides for a 62% reduction in industrial emissions by 2030.

Traffic: The provisional agreement stipulates as a binding sub-target that the share of renewable energy sources provided for the transport sector must be 5.5% advanced biofuels (generally from non-food feedstocks) and renewable fuels of non-biogenic origin (mostly renewable hydrogen and hydrogen-based synthetic fuels). As part of this target, the requirement applies that the share of renewable energy sources provided for the transport sector in 2030 must be at least 1 % renewable fuels of non-biogenic origin.
Industry: The provisional agreement stipulates that the industry should increase the use of renewable energy by 1.6% annually. It was agreed that 42% of the hydrogen used by the industry should come from renewable fuels of non-biogenic origin by 2030 and 60% by 2035.
Buildings, heating and cooling supply: The provisional agreement sets an indicative target of at least 49% for the share of renewable energy sources in buildings by 2030. It is also planned to gradually increase the targets for renewable energy sources in the heating and cooling supply at national level - by 0.8% per year until 2026 and by 1.1% per year from 2026 to 2030. The average annual minimum rate applicable to all Member States will be supplemented by additional indicative increases calculated individually for each member state.
Bioenergy: The provisional agreement provides for stricter sustainability criteria for biomass in order to counter the risk of unsustainable bioenergy production. It ensures that the principle of the cascade of utilisation is applied, with a focus on support schemes and appropriate consideration of national characteristics.
Faster project approval procedures: The provisional agreement provides for accelerated authorisation procedures for renewable energy projects. In this way, the use of renewable energy sources is to be promoted as part of the REPowerEU plan - for independence from Russian fossil fuels in view of the invasion of Ukraine by Russia.