The competent Commission services have attached much importance to consulting the stakeholders while establishing the list of carbon leakage sectors, which has been agreed end of 2009. Several stakeholder meetings with industry, NGOs, academics and Member States took place in 2009 in the run-up to producing the list. The meeting documents and reports are available on the website of DG Climate Action.
The stakeholders have been able to provide full input to the process and to express opinions on the analysis that led to the decisions on which sectors to include on the carbon leakage list.
Regarding the level of disaggregation used in the carbon leakage assessment, a common methodology is essential to provide a fair and consistent approach and retain a level playing field. This was followed in a transparent manner by the Commission.
As a rule, the assessment was performed at NACE 4 level, since this gives the Commission the best information on which to base its decisions, and allow the measures to avoid carbon leakage to be targeted most effectively.
For some sectors or sub-sectors which were not above the specific threshold values defined by the Directive above which sectors are deemed at a significant risk of carbon leakage, the Commission made a more disaggregated analysis, including at a product level. A few of those subsectors/products have also been deemed exposed to a significant risk of carbon leakage.
European co-legislators (Council and European Parliament) decided that the Commission should determine the list by the end of December 2009, and every five years thereafter. This means that the present list will be used for the free allocation of allowances for the years 2013 and 2014. The Commission shall determine the next list at the latest by the end of 2014, to be used for free allocation of allowances for 2015 to 2019.
The Commission also may, at its own initiative or at the request of a Member State, every year add a sector or subsector to the list if it can be demonstrated, in an analytical report, that this sector or subsector satisfies the criteria laid down in the directive. This possibility was already used in 2011, when several sectors were added to the list by Decision 2011/745/EU.
In 2012 the Commission proposes to add the mineral wool sector to the list, following the demonstration that the sector meets the quantitative criteria defined in Article 10a(15) of the Directive. The Climate Change Committee voted in favour of the proposal on 25 April 2012. The proposal is subject to a three-months' scrutiny by the Parliament and the Council until end July, before it can be officially adopted by the Commission.
In addition to the above, the ETS Directive also gives the Commission the right to consider and propose a revision in the light of the outcome of international negotiations, based e.g. on new information on which countries are deemed to have committed to reducing greenhouse gas emissions in the relevant sectors or subsectors to an extent comparable of the Community.
It is important to bear in mind that the environmental outcome of the ETS is determined by the overall cap. However, the measures, i.e. higher levels of free allocation, are necessary from the environmental standpoint at the global level to avoid carbon leakage.
The EU ambition to reduce emissions by 21% in the ETS sectors remains unchanged and all sectors will have to contribute to the necessary emissions reductions, regardless whether they are on the list of exposed sectors or not. This will be ensured by the following elements:
Although such sectors are not among the activities explicitly mentioned in Annex I of the Directive, some installations in these sectors can be covered by the ETS due to their combustion units. Although they may not be energy-intensive, many qualify on the list of sectors deemed as exposed to a significant risk of carbon leakage due to high trade exposure.
In any case, only installations included in the ETS would receive free allowances, and only an amount corresponding to their relatively low combustion emissions from production of heat up to the level of a benchmark.
The particular treatment will be provided to installations in sectors or sub-sectors that are deemed to be exposed to a significant risk of "carbon leakage" – relocation of production outside the EU – because they face competition from industries in third countries which are not subject to comparable greenhouse gas emissions restrictions. Installations within the mentioned sectors or sub-sectors will receive free allowance allocation up to 100% of the relevant benchmark until 2020, while installations that are not deemed to be exposed to a significant risk of carbon leakage will receive an allowance allocation up to 80% of the relevant benchmark in 2013, falling to 30% in 2020.
It should be noted, that due to the economic crisis and related emissions reductions, most energy intensive sectors covered by the EU ETS have accumulated a significant surplus of free allowances, since allocations were not reduced accordingly. Together with the current low level of carbon prices, the estimated risk of carbon leakage, in case there would be no free allocation to industry, is considerably lower than what was foreseen when the climate and energy package was adopted in 2009.