HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 299/32
EN
Official Journal of the European Union
9.11.2013
COMMISSION REGULATION (EU) No 1123/2013
of 8 November 2013
on determining international credit entitlements pursuant to Directive 2003/87/EC of the European
Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
credits should be set at the minimum levels specified in
the first and third subparagraphs of Article 11a(8). As a
consequence the overall limit on the use of international
Having regard to the Treaty on the Functioning of the European
credits provided for in the fifth subparagraph of
Union,
Article 11a(8) of Directive 2003/87/EC will be
respected and the second subparagraph and the second
Having regard to Directive 2003/87/EC of the European
sentence of the fourth subparagraph of Article 11a(8) of
Parliament and of the Council of 13 October 2003 establishing
Directive 2003/87/EC will not apply herein. Any residual
a scheme for greenhouse gas emission allowance trading within
entitlement for 2012 from aircraft operators is main
the Community and amending Council Directive 96/61/EC (
tained in accordance with Articles 11a(2), (3) and (4)

1 ),
and in particular Article 11a(8) thereof,
of Directive 2003/87/EC.
Whereas:
(5) Operators
of
stationary
installations
with
a
significant
capacity extension pursuant to Article 20 of Commission
Decision 2011/278/EU of 27 April 2011 determining
(1) The
Protocol
to
the
United
Nations
Framework
transitional Union-wide rules for harmonised free allo
Convention on Climate Change (the Kyoto Protocol)
cation of emission allowances pursuant to Article 10a
establishes two mechanisms for the creation of inter
of Directive 2003/87/EC of the European Parliament
national credits that Parties may use to offset emissions.
and of the Council ( 2 ) should be entitled to be treated
Joint Implementation (JI) provides for the creation of
either as existing operators or as new entrants.
emission reduction units (ERUs), whereas the Clean
Development Mechanism (CDM) provides for the
creation of certified emission reductions (CERs).
(6) Articles
58
to
61
of
Commission
Regulation
(EU)
No
389/2013 of 2 May 2013 establishing a Union
Registry pursuant to Directive 2003/87/EC of the
(2) The
national
allocation
plans
of
Member
States
adopted
European Parliament and of the Council, Decisions No
pursuant to Article 9 of Directive 2003/87/EC provide
280/2004/EC and No 406/2009/EC of the European
for the use by operators of certain quantities of CERs and
Parliament and of the Council and repealing Commission
ERUs to comply with their obligations to surrender
Regulations (EU) No 920/2010 and (EU) No
allowances as referred to in Article 12 of Directive
1193/2011 (
2003/87/EC in respect of the period 2008 to 2012.

3 ) provide details for the practical implemen

tation of entitlement limits set out herein.
(3) Article
11a
of
Directive
2003/87/EC
provides
for
continued use of CERs and ERUs issued under the
(7) The
measures
provided
for
in
this
Regulation
are
in
Kyoto Protocol in the emissions trading scheme set up
accordance with the opinion of the Climate Change
by Directive 2003/87/EC, in the period from 2013 to
Committee,
2020 and includes provisions related to the levels
allowed by category of operator and aircraft operator
to comply with their obligations to surrender allowances
HAS ADOPTED THIS REGULATION:
under Article 12 of Directive 2003/87/EC. Article 11a(8)
sets out certain minimum entitlements, expressed in
Article 1
percentage levels, of international credit use by
operators and aircraft operators in the period from
1. Each
operator
of
a
stationary
installation
which
received
a
2008 to 2020 and foresees measures to determine the
free allocation or an entitlement to use international credits in
exact percentage limits.
the period from 2008 to 2012 shall be entitled to use inter
national credits during the period 2008 to 2020 up to the
amount allowed in the period from 2008 to 2012, or to an
(4) Directive
2003/87/EC
provided
for
linking
the
Kyoto amount corresponding to a maximum of 11 % of its allocation
Protocol’s project based mechanisms with the emission
in the period from 2008 to 2012, whichever is the higher.
trading scheme in order to increase the cost-effectiveness
of achieving reductions of global greenhouse gas
emissions. In view of the number of allowances valid
2. Each
operator
of
a
stationary
installation
which
received
for the period 2013 to 2020 issued pursuant to the
neither a free allocation nor an entitlement to use international
second sub paragraph of Article 13(2) of Directive
credits in the period from 2008 to 2012 and, by derogation
2003/87/EC, the entitlements to use international
( 2 ) OJ L 130, 17.5.2011, p. 1-45.
( 1 ) OJ L 275, 25.10.2003, p. 32.
( 3 ) OJ L 122, 3.5.2013, p. 1.

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EN
9.11.2013 Official
Journal
of
the
European
Union L
299/33
from paragraph 1, each operator of a stationary installation
5. Each
aircraft
operator
shall
be
entitled
to
use
international
within the meaning of the first two indents of Article 3(h) of
credits up to a maximum of 1,5 % of its verified emissions
Directive 2003/87/EC shall be entitled to use international
during the period from 2013 to 2020, without prejudice to
credits in the period from 2008 to 2020 up to a maximum
any residual entitlement from 2012.
of 4,5 % of its verified emissions in the period from 2013 to
2020.
Article 2
3. Each operator of a stationary installation with a significant
1. Member
States
shall
calculate
and
publish
the
international
capacity extension pursuant to Article 20 of Decision
credit entitlement for each of its operators in accordance with
2011/278/EU shall be entitled to use international credits
Article 1(1) and notify the Commission in accordance with
during the period from 2008 to 2020 up to the amount
Article 59 of Regulation (EU) No 389/2013 one month after
allowed to it in the period from 2008 to 2012, or to an
the date of the entry into force of this Regulation.
amount corresponding to a maximum of 11 % of their allo
cation during the period from 2008 to 2012, or up to a
maximum of 4,5 % of their verified emissions during the
period from 2013 to 2020, whichever is the higher.
2. For
each
of
the
operators
referred
to
in
Article
1(2)
and
aircraft operators referred to in Article 1(5) an international
credit entitlement is calculated on the basis of verified
4. Each
operator
of
a
stationary
installation
which
received
a emissions and updated annually. For the operators referred to
free allocation for the period from 2008 to 2012 and carrying
in Article 1(3) and 1(4) an updated international credit
out activities not listed in Annex I of Directive 2003/87/EC as
entitlement will be calculated according to the higher of the
amended by Regulation (EC) No 219/2009 of the European
entitlement calculated in Article 1(1) or 4,5 % of verified
Parliament and of the Council ( 1 ), but listed in Annex I of
emissions for the period from 2013 to 2020. Once verified
Directive 2003/87/EC as amended by Directive 2009/29/EC
emissions are approved, Member States shall notify the
of the European Parliament and of the Council ( 2 ) shall be
Commission of the changes to international credit entitlement
entitled to use international credits during the period from
in accordance with Article 59 of Regulation (EU) No 389/2013.
2008 to 2020 up to the amount allowed to them from the
period from 2008 to 2012, or to an amount corresponding to
a maximum of 11 % of their allocation during the period from
Article 3
2008 to 2012, or up to a maximum of 4,5 % of their verified
emissions during the period from 2013 to 2020, whichever is
This Regulation shall enter into force the day following that of
the higher.
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.
Done at Brussels, 8 November 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 87, 31.3.2009, p. 109.
( 2 ) OJ L 140, 5.6.2009, p. 63.

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