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17.11.2011 Official
Journal
of
the
European
Union
L
299/9
DECISIONS
COMMISSION DECISION
of 11 November 2011
amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are
deemed to be exposed to a significant risk of carbon leakage
(notified under document C(2011) 8017)
(Text with EEA relevance)
(2011/745/EU)
THE EUROPEAN COMMISSION,
paragraphs 14 to 17 of Article 10a of that Directive,
following a change that has a substantial impact on the
sector’s or subsector’s activities.
Having regard to the Treaty of the Functioning of the European
Union,
(4) In
order
to
determine
the
sectors
or
subsectors
deemed
to be exposed to a significant risk of carbon leakage, the
Commission has to assess, at Union level, the extent to
which it is possible for the sector or subsector concerned,
Having regard to Directive 2003/87/EC of the European
at the relevant level of disaggregation, to pass on the
Parliament and of the Council of 13 October 2003 establishing
direct cost of the required allowances and the indirect
a scheme for greenhouse gas emission allowance trading within
costs from higher electricity prices resulting from the
the Community and amending Council Directive 96/61/EC ( 1 ),
implementation of Directive 2003/87/EC into product
and in particular Article 10a(1) and (13) thereof,
prices without significant loss of market share to less
carbon efficient installations outside the Union. Those
assessments are to be based on an average carbon
price according to the Commission’s impact assessment
Whereas:
accompanying the package of implementation measures
for the Union’s objectives on climate change and
renewable energy for 2020 and, if available, trade,
production and value added data from the three most
recent years for each sector or subsector.
(1) Commission Decision 2010/2/EU
( 2 ) determines,
pursuant to Directive 2003/87/EC, a list of sectors and
subsectors which are deemed to be exposed to a
significant risk of carbon leakage.
(5) Some
sectors
and
subsectors,
such
as
the
manufacture
of
bricks and roof tiles that had not been completely
analysed due to time constraints and limited data
quality and availability, were not added to the list
(2) Commission
Decision
2011/278/EU
( 3 ) determines tran
published in the Annex to Decision 2010/2/EU.
sitional Union-wide rules for the harmonised free allo
cation of emission allowances pursuant to Article 10a of
Directive 2003/87/EC.
(6) The sector of ‘Manufacture of bricks, tiles and
constructions products, in baked clay’ (NACE code
2640) has been reassessed in 2010. That qualitative
(3) In
accordance
with
the
second
subparagraph
of
assessment demonstrated challenging market char
Article 10a(13) of Directive 2003/87/EC, the
acteristics, such as growing trade, in particular increasing
Commission may, every year add a sector or subsector
trend in imports from low cost manufacturing countries,
to the list of sectors and subsectors which are deemed to
increased international competitive pressure, a significant
be exposed to a significant risk of carbon leakage. It has
share of production in the Union served by small and
to be demonstrated, in an analytical report, that the
medium sized enterprises, and only modest profit
sector or subsector satisfies the criteria set out in
margins for the years evaluated compared to the addi
tional CO 2 cost, which limit the capacity of installations
to invest and reduce emissions. Based on the combined
( 1 ) OJ L 275, 25.10.2003, p. 32.
( 2 ) OJ L 1, 5.1.2010, p. 10.
impact of those factors, the sector should be deemed to
( 3 ) OJ L 130, 17.5.2011, p. 1.
be exposed to a significant risk of carbon leakage.

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L 299/10
EN
Official Journal of the European Union
17.11.2011
(7)
Furthermore, it has been demonstrated that the sector of
(10) Decisions
2010/2/EU
and
2011/278/EU
should
therefore
‘Production of salt’ (NACE code 1440) satisfies the
be amended accordingly.
quantitative criteria set out in Article 10a(14) to (17)
of Directive 2003/87/EC following an identification of
additional installations from the sector in the
(11) The
measures provided for in this Decision are in
Community Independent Transaction Log (CITL) which
accordance with the opinion of the Climate Change
was used as the main source to calculate the direct cost
Committee,
of the allowances. That sector should therefore be added
to the list of sector or subsectors deemed to be exposed
to a significant risk of carbon leakage. The identification
HAS ADOPTED THIS DECISION:
of installations in the CITL as belonging to that sector
has no impact on the status in terms of a significant risk
Article 1
of carbon leakage of other sectors and subsectors.
Amendments to Decision 2010/2/EU
Decision 2010/2/EU is amended as follows:
(8)
Some sectors not found to be exposed to a significant
risk of carbon leakage at the NACE 4-level in Decision
2010/2/EU were disaggregated and a number of corre
(1) in Article 1, the second paragraph is deleted;
sponding subsectors, for which certain specific distin
guishing characteristics led to a significantly different
impact from the rest of the sector, were assessed.
(2) the Annex to Decision 2010/2/EU is amended in
Where this assessment leads to the conclusion that
accordance with Annex I to this Decision.
sectors or subsectors could be clearly distinguished
from other sectors and subsectors on the basis of
Article 2
specific characteristics and satisfy the quantitative
criteria set out in Article 10a(15) or (16) of Directive
Amendments to Annex I to Decision 2011/278/EU
2003/87/EC, they can be added to the list of products
deemed to be exposed to a significant risk of carbon
Annex I to Decision 2011/278/EU is amended in accordance
leakage. The sectors ‘Cocoa paste (excluding containing
with Annex II to this Decision.
added sugar or other sweetening matter)’, ‘Cocoa butter,
fat and oil’ and ‘Cocoa powder, not containing added
Article 3
sugar or other sweetening matter’ should therefore be
added to the list.
Addressees
This Decision is addressed to the Member States.
(9) The
further
analysis
called
for
by
the
second
paragraph
of
Article 1 of Decision 2010/2/EU having been conducted,
Done at Brussels, 11 November 2011.
that paragraph should be deleted. The Commission found
no evidence of the necessary intensity of trade that
For the Commission
would justify inclusion of the concerned sectors to the
list of sectors and subsectors deemed to be exposed to a
Connie HEDEGAARD
significant risk of carbon leakage.
Member of the Commission

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EN
17.11.2011 Official
Journal
of
the
European
Union L
299/11
ANNEX I
The Annex to Decision 2010/2/EU is amended as follows:
(1) in Section 1.2, the following entry is inserted in the table:
NACE code Description
‘1440 Production
of
salt’
(2) paragraph Section 2 is amended as follows:
(a) the heading is replaced by the following:
‘BEYOND NACE-4 LEVEL BASED ON THE QUANTITATIVE CRITERIA SET OUT IN PARAGRAPH 15 OR 16 OF
ARTICLE 10a OF DIRECTIVE 2003/87/EC’;
(b) the following entries are inserted after the entry 155154:
Prodcom code Description
‘15841100 Cocoa
paste
(excluding
containing
added
sugar
or
other
sweetening
matter)
15841200 Cocoa
butter,
fat
and
oil
15841300 Cocoa
powder,
not
containing
added
sugar
or
other
sweetening
matter’
(3) in Section 3, the following entry is inserted after the entry 2416:
NACE code Description
‘2640 Manufacture
of
bricks,
tiles
and
constructions
products,
in
baked
clay’

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L 299/12
EN
Official Journal of the European Union
17.11.2011
ANNEX II
In Annex I to Decision 2011/278/EU, the entries corresponding to product benchmarks ‘Facing bricks’, ‘Pavers’ and ‘Roof
tiles’ are replaced by the following:
Carbon leakage
exposure as
Product
determined by
Benchmark
benchmark
Definition of products covered Definition of processes and emissions covered
(system boundaries)
Decision
value
2010/2/EU for the (allowances/t)
years 2013 and
2014
‘Facing
Facing bricks with a density All processes directly or indirectly
yes 0,139
bricks
> 1 000 kg/m 3 used for linked to the production processes
masonry based on EN 771- raw material preparation, component
1, excluding pavers, clinker mixing, forming and shaping of ware,
bricks and blue braised drying of ware, firing of ware, product
facing bricks.
finishing and flue gas cleaning are
included.
Pavers Clay
bricks
used
for
flooring
All processes directly or indirectly
yes 0,192
according to EN 1344.
linked to the production processes
raw material preparation, component
mixing, forming and shaping of ware,
drying of ware, firing of ware, product
finishing and flue gas cleaning are
included.
Roof tiles Clay
roofing
tiles
as
defined
All processes directly or indirectly
yes 0,144’
in EN 1304:2005 excluding linked to the production processes
blue braised roof tiles and raw material preparation, component
accessories.
mixing, forming and shaping of ware,
drying of ware, firing of ware, product
finishing and flue gas cleaning are
included.

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