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As from 2013, auctioning will be the default method of allocating emission allowances in the EU Emissions Trading System. In particular, power generators will no longer receive free allowances but would need to buy them. The only exception to this rule applicable to the power sector is laid down in Article 10c of the revised EU ETS Directive, which provides for the option of allocating a limited number of free allowances to power generators for a transitional period.

This option is available to 10 Member States: Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland and Romania. In order to obtain such a derogation, they have to submit an application to the European Commission by 30 September 2011. The Commission may reject the application or parts thereof within 6 months.
The derogation is limited in terms of:
The Directive requires installations benefitting from free allocation under the derogation to invest in projects designed to modernise electricity generation in the Member State concerned. The value of the investments should mirror the value of the free allocation.
On 29 March 2011, the Commission adopted the so-called "derogation package" which consists of