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Document 02018R0842-20230516
Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (Text with EEA relevance)Text with EEA relevance
Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (Text with EEA relevance)Text with EEA relevance
In force
02018R0842 — EN — 16.05.2023 — 001.001
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REGULATION (EU) 2018/842 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156 19.6.2018, p. 26) |
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REGULATION (EU) 2023/857 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 April 2023 |
L 111 |
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26.4.2023 |
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REGULATION (EU) 2018/842 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 May 2018
on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013
(Text with EEA relevance)
Article 1
Subject matter
This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation. It contributes to the long-term target of climate neutrality in the Union at the latest by 2050, with the aim of achieving negative emissions thereafter. It thereby contributes to achieving the objectives of Regulation (EU) 2021/1119 of the European Parliament and of the Council ( 1 ) (‘European Climate Law’) and the Paris Agreement. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions.
Article 2
Scope
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
‘Greenhouse gas emissions’ means emissions in terms of tonnes of CO2 equivalent of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), nitrogen trifluoride (NF3) and sulphur hexafluoride (SF6) determined pursuant to Regulation (EU) No 525/2013 and falling within the scope of this Regulation;
‘Annual emission allocations’ means the maximum allowed greenhouse gas emissions for each year between 2021 and 2030 determined pursuant to Article 4(3) and Article 10;
‘EU ETS allowance’ means an ‘allowance’ as defined in point (a) of Article 3 of Directive 2003/87/EC.
Article 4
Annual emission levels for the period from 2021 to 2030
Subject to the flexibilities provided for in Articles 5, 6 and 7 of this Regulation and to the adjustment pursuant to Article 10(2) of this Regulation, and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions:
do not exceed, in the years 2021 and 2022, the limit defined by a linear trajectory, starting on the average of that Member State’s greenhouse gas emissions in 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation; the linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower annual emission allocation for that Member State;
do not exceed, in the years 2023, 2024 and 2025, the limit defined by a linear trajectory, starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory, starting on the average of that Member State’s greenhouse gas emissions in 2021, 2022 and 2023, as submitted by that Member State pursuant to Article 26 of Regulation (EU) 2018/1999 and in accordance with paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation; the linear trajectory of a Member State shall start at nine-twelfths of the distance from 2023 to 2024.
For the years 2021 and 2022, the Commission shall determine the annual emission allocations based on a comprehensive review of the most recent national inventory data for the years 2005, 2016, 2017 and 2018, submitted by the Member States pursuant to Article 7 of Regulation (EU) No 525/2013, and shall indicate the value for the 2005 greenhouse gas emissions of each Member State used to determine those annual emission allocations.
For the years 2023, 2024 and 2025, the Commission shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph of this paragraph and on the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in that second subparagraph.
For the years 2026 to 2030, the Commission shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph of this paragraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.
Article 5
Flexibilities by means of borrowing, banking and transfer
A Member State whose greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to this Article and Article 6, may:
in respect of the year 2021, bank the excess part of its annual emission allocation up to a level of 75 % of its annual emission allocation for 2021 to subsequent years until 2030; and
in respect of the years 2022 to 2029, bank the excess part of its annual emission allocation up to a level of 25 % of its annual emission allocations up to that year to subsequent years until 2030.
Article 6
Flexibility for certain Member States following reduction of EU ETS allowances
In its first review pursuant to Article 3 of that Decision, the Commission shall consider whether to maintain the accounting set out in the first subparagraph of this paragraph.
The Member States listed in Annex II may decide to revise the notified percentage once in 2024 and once in 2027. In such case, the Member State concerned shall notify the Commission thereof by 31 December 2024 or by 31 December 2027, respectively.
Article 7
Additional use of net removals from LULUCF
To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:
the cumulative quantity taken into account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;
the cumulative quantity taken into account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;
such quantity is in excess of that Member State’s requirements under Article 4 of Regulation (EU) 2018/841;
the Member State has not acquired more net removals under Regulation (EU) 2018/841 from other Member States than it has transferred;
the Member State has complied with Regulation (EU) 2018/841; and
the Member State has submitted a description of the intended use of the flexibility available under this paragraph pursuant to the second subparagraph of Article 7(1) of Regulation (EU) No 525/2013.
▼M1 —————
Article 8
Corrective action
If the Commission finds, in its annual assessment under Article 29 of Regulation (EU) 2018/1999 and taking into account the intended use of the flexibilities referred to in Articles 5, 6 and 7 of this Regulation, that a Member State is not making sufficient progress towards meeting its obligations under Article 4 of this Regulation, that Member State shall, within three months, submit to the Commission a corrective action plan that includes:
a detailed explanation of why that Member State is not making sufficient progress towards meeting those obligations;
an assessment of how Union funding has supported that Member State’s efforts towards meeting those obligations and of how it intends to use such funding to make progress towards meeting them;
additional actions, complementing the integrated national energy and climate plan of that Member State pursuant to Regulation (EU) 2018/1999 or reinforcing its implementation, that it is to implement in order to meet those obligations, through domestic policies and measures and the implementation of Union action, accompanied by a detailed assessment, which is underpinned by quantitative data, where available, of the envisaged greenhouse gas emission reductions resulting from those actions;
a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation.
Where a Member State has established a national climate advisory body, it may seek its advice to identify the necessary actions referred to in point (c) of the first subparagraph.
Each Member State shall make its corrective action plan as referred to in paragraph 1 and any justification as referred to in paragraph 3 publicly available. The Commission shall make its opinion as referred to in paragraph 3 publicly available.
Article 9
Compliance check
In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, taking into account paragraph 2 of this Article and the flexibilities used pursuant to Articles 5, 6 and 7, the following measures shall apply:
an addition to the Member State’s greenhouse gas emission figure of the following year equal to the amount in tonnes of CO2 equivalent of the excess greenhouse gas emissions, multiplied by a factor of 1,08, in accordance with the measures adopted pursuant to Article 12; and
the Member State shall be temporarily prohibited from transferring any part of its annual emission allocation to another Member State until it is in compliance with Article 4.
The Central Administrator shall implement the prohibition referred to in point (b) of the first subparagraph in the Union Registry.
Article 10
Adjustments
The Commission shall adjust the annual emission allocations for each Member State under Article 4 of this Regulation in order to reflect:
adjustments to the number of EU ETS allowances issued pursuant to Article 11 of Directive 2003/87/EC that resulted from a change in the coverage of sources under that Directive, in accordance with the Commission Decisions adopted pursuant to that Directive on the final approval of the national allocation plans for the period from 2008 to 2012;
adjustments to the number of EU ETS allowances or credits, respectively, issued pursuant to Articles 24 and 24a of Directive 2003/87/EC in respect of greenhouse gas emission reductions in a Member State; and
adjustments to the number of EU ETS allowances pertaining to greenhouse gas emissions from installations excluded from the EU ETS in accordance with Article 27 of Directive 2003/87/EC, for the time that they are excluded.
Article 11
Safety reserve
A Member State may benefit from the safety reserve provided that all of the following conditions are fulfilled:
its GDP per capita at market prices in 2013, as published by Eurostat in April 2016, was below the Union average;
its cumulative greenhouse gas emissions for the years from 2013 to 2020 in the sectors covered by this Regulation are below its cumulative annual emission allocations for the years from 2013 to 2020; and
its greenhouse gas emissions exceed its annual emission allocations in the period from 2026 to 2030, although it has:
exhausted the flexibilities pursuant to Article 5(2) and (3);
made the maximum possible use of net removals according to Article 7, even if that quantity does not reach the level set in Annex III; and
made no net transfers to other Member States under Article 5.
If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 2 of this Article exceeds the limit referred to in paragraph 1 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.
Article 12
Registry
The Commission shall adopt delegated acts in accordance with Article 13 to supplement this Regulation in order to ensure the accurate accounting under this Regulation through the Union Registry in respect of:
annual emission allocations;
flexibilities exercised under Articles 5, 6 and 7;
compliance checks under Article 9;
adjustments under Article 10; and
the safety reserve under Article 11.
Article 13
Exercise of the delegation
Article 14
Committee procedure
Article 15
Review
The report referred to in the first subparagraph shall take into account the long-term strategies of Member States prepared and submitted pursuant to Article 15(1) of Regulation (EU) 2018/1999 and the assessment thereof made by the Commission pursuant to Article 15(9) of that Regulation.
Article 15a
Scientific advice
The European Scientific Advisory Board on Climate Change, established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council ( 3 ), (the ‘Advisory Board’) may, on its own initiative, provide scientific advice or issue reports on Union measures, climate targets, annual emission levels and flexibilities under this Regulation. The Commission shall consider the relevant advice and reports of the Advisory Board, in particular as regards future measures aiming at further greenhouse gas emission reductions in the sectors covered by this Regulation.
Article 16
Amendments to Regulation (EU) No 525/2013
Regulation (EU) No 525/2013 is amended as follows:
in Article 7, paragraph 1 is amended as follows:
the following point is inserted:
as of 2023, their anthropogenic emissions of greenhouse gases referred to in Article 2 of Regulation (EU) 2018/842 of the European Parliament and of the Council ( *1 ) for the year X-2, in accordance with UNFCCC reporting requirements;
the second subparagraph is replaced by the following:
‘In their reports, Member States shall annually inform the Commission of any intention to use the flexibilities set out in Article 5(4) and (5) and Article 7 of Regulation (EU) 2018/842, as well as of the use of revenues in accordance with Article 5(6) of that Regulation. Within three months of receiving such information from Member States, the Commission shall make the information available to the committee referred to in Article 26 of this Regulation.’;
in point (c) of Article 13(1), the following point is added:
as of 2023, information on national policies and measures implemented towards meeting their obligations under Regulation (EU) 2018/842 and information on planned additional national policies and measures envisaged with a view to limiting greenhouse gas emissions beyond their commitments under that Regulation;’;
in Article 14(1), the following point is added:
as of 2023, total greenhouse gas projections and separate estimates for the projected greenhouse gas emissions for the emission sources covered by Regulation (EU) 2018/842 and by Directive 2003/87/EC.’;
in Article 21(1), the following point is added:
obligations under Article 4 of Regulation (EU) 2018/842. The evaluation shall take into account progress in Union policies and measures and information from Member States. Every two years, the evaluation shall also include the projected progress of the Union towards implementing its Nationally Determined Contribution to the Paris Agreement containing the Union’s commitment to economy-wide greenhouse gas emission reductions and the projected progress of Member States towards fulfilling their obligations under that Regulation.’.
Article 17
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
MEMBER STATE GREENHOUSE GAS EMISSION REDUCTIONS PURSUANT TO ARTICLE 4(1)
|
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Member State greenhouse gas emission reductions in 2030 in relation to their 2005 levels determined in accordance with Article 4(3) |
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Column 1 |
Column 2 |
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Belgium |
-35 % |
-47 % |
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Bulgaria |
-0 % |
-10 % |
|
Czechia |
-14 % |
-26 % |
|
Denmark |
-39 % |
-50 % |
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Germany |
-38 % |
-50 % |
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Estonia |
-13 % |
-24 % |
|
Ireland |
-30 % |
-42 % |
|
Greece |
-16 % |
-22,7 % |
|
Spain |
-26 % |
-37,7 % |
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France |
-37 % |
-47,5 % |
|
Croatia |
-7 % |
-16,7 % |
|
Italy |
-33 % |
-43,7 % |
|
Cyprus |
-24 % |
-32 % |
|
Latvia |
-6 % |
-17 % |
|
Lithuania |
-9 % |
-21 % |
|
Luxembourg |
-40 % |
-50 % |
|
Hungary |
-7 % |
-18,7 % |
|
Malta |
-19 % |
-19 % |
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Netherlands |
-36 % |
-48 % |
|
Austria |
-36 % |
-48 % |
|
Poland |
-7 % |
-17,7 % |
|
Portugal |
-17 % |
-28,7 % |
|
Romania |
-2 % |
-12,7 % |
|
Slovenia |
-15 % |
-27 % |
|
Slovakia |
-12 % |
-22,7 % |
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Finland |
-39 % |
-50 % |
|
Sweden |
-40 % |
-50 % |
ANNEX II
MEMBER STATES THAT MAY HAVE A LIMITED CANCELLATION OF EU ETS ALLOWANCES TAKEN INTO ACCOUNT FOR COMPLIANCE PURSUANT TO ARTICLE 6
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Maximum percentage of 2005 greenhouse gas emissions determined in accordance with Article 4(3) |
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Belgium |
2 % |
|
Denmark |
2 % |
|
Ireland |
4 % |
|
Luxembourg |
4 % |
|
Malta |
7 % |
|
Netherlands |
2 % |
|
Austria |
2 % |
|
Finland |
2 % |
|
Sweden |
2 % |
ANNEX III
TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINTS (a) AND (aa) OF ARTICLE 7(1) OF THIS REGULATION
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|
Maximum amount expressed in million tonnes of CO2 equivalent |
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Belgium |
3,8 |
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Bulgaria |
4,1 |
|
Czech Republic |
2,6 |
|
Denmark |
14,6 |
|
Germany |
22,3 |
|
Estonia |
0,9 |
|
Ireland |
26,8 |
|
Greece |
6,7 |
|
Spain |
29,1 |
|
France |
58,2 |
|
Croatia |
0,9 |
|
Italy |
11,5 |
|
Cyprus |
0,6 |
|
Latvia |
3,1 |
|
Lithuania |
6,5 |
|
Luxembourg |
0,25 |
|
Hungary |
2,1 |
|
Malta |
0,03 |
|
Netherlands |
13,4 |
|
Austria |
2,5 |
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Poland |
21,7 |
|
Portugal |
5,2 |
|
Romania |
13,2 |
|
Slovenia |
1,3 |
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Slovakia |
1,2 |
|
Finland |
4,5 |
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Sweden |
4,9 |
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▼M1 ————— |
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Maximum total: |
►M1 262,2 ◄ |
ANNEX IV
AMOUNT OF ADJUSTMENT PURSUANT TO ARTICLE 10(2)
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Tonnes of CO2 equivalent |
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Bulgaria |
1 602 912 |
|
Czech Republic |
4 440 079 |
|
Estonia |
145 944 |
|
Croatia |
1 148 708 |
|
Latvia |
1 698 061 |
|
Lithuania |
2 165 895 |
|
Hungary |
6 705 956 |
|
Malta |
774 000 |
|
Poland |
7 456 340 |
|
Portugal |
1 655 253 |
|
Romania |
10 932 743 |
|
Slovenia |
178 809 |
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Slovakia |
2 160 210 |
( 1 ) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
( 2 ) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
( 3 ) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).
( *1 ) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).’;