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Mechanisms

The EU scheme used to be a system of climate change policy that was completely independent of International Climate Change Policy such as the United Nations' Framework Convention on Climate Change (UNFCCC, 1992) or the Kyoto Protocol that was subsequently (1997) established under it. When the Kyoto Protocol came into force on 16th February 2005, the EU ETS had already become operational. Only later, the EU decided to accept Kyoto flexible mechanism certificates as compliance tools within the EU ETS. The "Linking Directive" allows operators to use a certain amount of Kyoto certificates from flexible mechanism projects in order to cover their emissions. The Kyoto flexible mechanisms are the Joint Implementation (JI, Art. 6 Kyoto Protocol), the Clean Development Mechanism (CDM, Art. 12 Kyoto Protocol) and the International Emissions Trading (Art. 17 Kyoto Protocol). The latter bears no direct relevance for the EU ETS, but certificates from Clean Development Mechanism projects have become a relevant compliance tool for EU ETS operators. These Certified Emission Reductions (CERs) can be obtained by implementing emission reduction projects in developing nations that have ratified (or acceded to) the Kyoto Protocol. The implementation of Clean Development Projects is largely specified by the Marrakech Accords, a row of decisions by the Conference of the Parties to the Kyoto Protocol. Although the Kyoto process had no direct influence on the designing of the EU ETS, its legislators drew on the experiences gained during the running of the voluntary UK Emissions Trading Scheme in the previous years.^[4]

 

Under the EU ETS, the governments of the EU Member States agree national emission caps which have to be approved by the EU commission, allocate allowances to their industrial operators, track and validate the actual emissions in accordance against the relevant assigned amount, and require the allowances to be retired after the end of each year. The operators within the ETS may reassign or trade their allowances by several means:

• privately, moving allowances between operators within a company and across national borders

• over the counter, using a broker to privately match buyers and sellers

• trading on the spot market of one of Europe's climate exchanges (the most liquid being the European Climate Exchange). Like any other financial instrument, trading consists of matching buyers and sellers between members of the exchange and then settling by depositing an allowance in exchange for the agreed financial consideration. Much like a stock market, companies and private individuals can trade through brokers who are listed on the exchange.

When each change of ownership of an allowance is proposed, the national registry and the European Commission are informed in order for them to validate the transaction. During Phase II of the EU ETS the UNFCCC will also validate any change that alters the distribution within each national allocation plan.

Like the Kyoto trading scheme, the EU scheme allows a regulated operator to use carbon credits in the form of Emission Reduction Units (ERU) to comply with its obligations. A Kyoto Certified Emission Reduction unit (CER), produced by a carbon project that has been certified by the UNFCCC's Clean Development Mechanism Executive Board or the Joint Implementation project's host country, respectively, is accepted by the EU as equivalent.

 

Thus one EU Allowance Unit of one tonne of CO₂, or "EUA", was designed to be identical ("fungible") with the equivalent "Assigned Amount Unit" (AAU) of CO₂ defined under Kyoto. Hence, because of the EU's decision to accept Kyoto-CERs as equivalent to EU-EAUs, it will be possible to trade EAUs and UNFCCC-validated CERs on a one-to-one basis within the same system. (However, the EU has announced that this facility is being delayed, possibly until 2009, until it can overcome its technical problems connecting to the UN systems.^[5])

 

During Phase II of the EU ETS, the operators within each Member State must surrender their allowances for inspection by the EU before they can be "retired" by the UNFCCC.

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Allocation

In order to make sure that real trading emerges (and that CO₂ emissions are reduced), EU governments must make sure that the total amount of allowances issued to installations is less than the amount that would have been emitted under a business-as-usual scenario. For each Phase, the total quantity to be allocated by each Member State is defined in the Member State National Allocation Plan (NAP) (equivalent to its UNFCCC-defined carbon account.) The European Commission has oversight of the NAP process and decides if the NAP fulfills the 12 criteria set out in the Annex III of the Emission Trading Directive (EU Directive 2003/87/EC). The first and foremost criterion is that the proposed total quantity is in line with a Member State's Kyoto target.

 

Of course, the Member State's plan can, and should, also take account of emission levels in other sectors not covered by the EU ETS, and address these within its own domestic policies. For instance, transport is responsible for 21% of EU greenhouse gas emissions, households and small businesses for 17% and agriculture for 10%.^[6]

 

During Phase I, most allowances in all countries were given freely (known as grandfathering). This approach has been criticized as giving rise to windfall profits, being less efficient than auctioning, and providing too little incentive for innovative new competition to provide clean, renewable energy.^[7][8]

To address these problems, the European Commission proposed various changes in a January 2008 package, including the abolishment of NAPs from 2013 and auctioning a far greater share (ca. 60% in 2013, growing afterward) of emission permits. At the time of writing (January 2008), the proposal would still need approval from the European member states and the EU Parliament to come into effect.

Banking and Borrowing

Within Phase I, banking and borrowing is allowed. For example, a 2006 EUA can be used in 2007 (Banking) or in 2005 (Borrowing). Banking and borrowing of EUA's from Phase I to Phase II is not allowed. ^[9]

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Phase I

 

In the first phase (2005-2007), the EU ETS includes some 12,000 installations, representing approximately 40% of EU CO₂ emissions,^[10] covering energy activities (combustion installations with a rated thermal input exceeding 20 MW, mineral oil refineries, coke ovens), production and processing of ferrous metals, mineral industry (cement clinker, glass and ceramic bricks) and pulp, paper and board activities.

Launch and operation

The scheme, in which all 15 member states that were then members of the European Union participated, nominally commenced operation on 1 January 2005, although national registries were unable to settle transactions for the first few months. However, the prior existence of the UK Emissions Trading Scheme meant that market participants were already in place and ready. In its first year, 362 million tonnes of CO₂ were traded on the market for a sum of €7.2 billion, and a large number of futures and options.^[11] The price of allowances increased more or less steadily to its peak level in April 2006 of about €30 per tonne CO₂,^[12] but fell in May 2006 to under €10/ton on news that some countries were likely to give their industries such generous emission caps that there was no need for them to reduce emissions. Lack of scarcity under the first phase of the scheme continued through 2006 resulting in a trading price of €1.2 a tonne in March 2007, declining to €0.10 in September 2007.

Verified emissions have increased over the first phase of the scheme. For the countries for which data is available (all 27 member states minus Romania, Bulgaria and Malta), emissions increased by 1.9% between 2005 and 2007.

 

	Verified Emissions			Change
	2005	2006	2007	2005-2007
AT	33,372,826	32,382,804	31,751,165	-4.9%
BE	55,363,223	54,775,314	52,795,318	-4.6%
CY	5,078,877	5,259,273	5,396,164	6.2%
CZ	82,454,618	83,624,953	87,834,758	6.5%
DE	474,990,760	478,016,581	487,004,055	2.5%
DK	26,475,718	34,199,588	29,407,355	11.1%
EE	12,621,817	12,109,278	15,329,931	21.5%
ES	183,626,981	179,711,225	186,495,894	1.6%
FI	33,099,625	44,621,411	42,541,327	28.5%
FR	131,263,787	126,979,048	126,634,806	-3.5%
GR	71,267,736	69,965,145	72,717,006	2.0%
HU	26,161,627	25,845,891	26,835,478	2.6%
IE	22,441,000	21,705,328	21,246,117	-5.3%
IT	225,989,357	227,439,408	226,368,773	0.2%
LT	6,603,869	6,516,911	5,998,744	-9.2%
LU	2,603,349	2,712,972	2,567,231	-1.4%
LV	2,854,481	2,940,680	2,849,203	-0.2%
NL	80,351,288	76,701,184	79,874,658	-0.6%
PL	203,149,562	209,616,285	209,601,993	3.2%
PT	36,425,915	33,083,871	31,183,076	-14.4%
SE	19,381,623	19,884,147	15,348,209	-20.8%
SI	8,720,548	8,842,181	9,048,633	3.8%
SK	25,231,767	25,543,239	24,516,830	-2.8%
UK	242,513,099	251,159,840	256,581,160	5.8%
Total	2,012,043,453	2,033,636,557	2,049,927,884	1.9%

Figures are in metric tonnes of CO2

 

Source: European Commission Press Release 23 May 2008^[13]

Consequently, observers and NGO's have accused national governments of abusing the system under industry pressure, and have urged for far stricter caps in the second phase (2008-2012).^[14]

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Phase II

 

The second phase (2008-12) expands the scope significantly:

• CDM and JI credits are expected to be introduced in second phase through the EU's 'Linking Directive', although it has been agreed that schemes can be started in advance during Phase I^[17]

• Aviation emissions are expected to be included from 2010.^[18]

• Four non-EU members, Norway, Iceland, Liechtenstein, and Switzerland join the scheme.^[19]

The inclusion of aviation is a move considered important due to the large and rapidly growing emissions of the sector. The inclusion of aviation is estimated to lead to an increase in demand of allowances of about 10-12 million tonnes of CO₂ per year in phase two. This in turn is expected to lead to an increased use of JI credits from projects in Russia and Ukraine, which would offset the increase in prices and eventually result in no discernible impact on average annual CO₂ prices.^[20]

 

Ultimately, the Commission wishes the post-2012 ETS to include all greenhouse gases and all sectors, including aviation, maritime transport and forestry.^[21] For the transport sector, the large number of individual users adds complexities, but might be implemented either as a cap-and-trade system for fuel suppliers or a baseline-and-credit system for car manufacturers.^[22]

 

The National Allocation Plans for Phase II, the first of which were announced on 29 November 2006, will result in an average cut of nearly 7% below the 2005 emission levels.^[23] The annual Member State CO₂ allowances in million tonnes allowances are:

 

The European Commission has started infringement proceedings against Austria, Czech Republic, Denmark, Hungary, Italy and Spain, for failure to submit their proposed National Allocation Plans on time.^[24]

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