Key Benefits:
Publics concerned: companies with facilities subject to greenhouse gas emission quotas and developers of emission reduction projects under the Kyoto Protocol.
Purpose: Definition of the rules applicable to the Greenhouse Gas Emission Exchange System for the period 2013-2020.
Entry into force: the text comes into force on January 1, 2013, with the exception of its provisions relating to the mission of the national greenhouse gas registry administrator and the implementation of project activities under the Kyoto Protocol, which apply as of the day after the issuance of the decree.
Notice: the decree sets out the rules made necessary by the application in Europe of the new greenhouse gas emission quota system for the period 2013-2020, where the principle of auction becomes the dominant mode of allocation of quotas. The exchange system is extended to new sectors (including chemistry and aluminum) and new greenhouse gases. In terms of the procedure, it is specified that the application file for authorization to operate must include an installation monitoring plan. Authorization must be reviewed every five years. Companies are required to inform the prefect of any changes in the facility, including the partial or total cessation of the activity or the significant decrease or increase in capacity. The decree also provides that the State's report to the European Commission on the use, for at least half, of the revenues derived from the auction of quotas for the purpose of combating the greenhouse effect. The Caisse des dépôts et consignations is responsible for the role of national administrator of the Union Register.
References: the environmental code modified by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance and the Minister of Ecology, Sustainable Development and Energy,
In light of the amended Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the community and amending Council Directive 96/61/EC;
Considering Commission Regulation (EU) No. 920/2010 of 7 October 2010 concerning a standardized and secure registry system in accordance with European Parliament and Council Directive 2003/87/EC and Decision No. 280/2004/EC of the European Parliament and Council;
Considering Commission Regulation (EU) No 1193/2011 of 18 November 2011 establishing the Union register for the exchange period beginning on 1 January 2013 and for the following exchange periods of the EU emission quota system in accordance with Directive 2003/87/EC of the European Parliament and the Council and Decision No. 280/2004/EC of the European Parliament and the Council and amending Commission regulations (EC) No. 2216
Having regard to European Commission decision 2011/278/EU of 27 April 2011 defining transitional rules for the whole Union concerning the harmonized allocation of free-of-charge emission quotas in accordance with Article 10 bis of Directive 2003/87/EC;
Considering the environmental code, including articles L. 120-1 and L. 229-5 and following;
Having regard to the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 12 April 2012;
Having regard to the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 5 April 2012;
The State Council (section of public works) heard,
Decrete:
Section R. 229-5 is replaced by the following provisions:
"Art. R. 229-5.-This sub-section applies to facilities classified for the protection of the environment performing refinement, capturing, transporting or storing carbon dioxide, producing or transforming ferrous and non-ferrous metals, producing energy, minerals, chemicals, paper or paper pulp, and meeting the criteria set out in the table annexed to this section, as It applies to basic nuclear facilities when using fuel combustion plants at facilities with a total heating power of more than 20 MW.
"Table of Article R. 229-5
« Categories of activities and facilities
"I. ― The threshold values mentioned below relate to either production capacity or technical characteristics, including performance. If the same operator carries out several activities under the same heading of the nomenclature of the facilities classified in the same facility or on the same site, the capacity of these activities or the calorific combustion powers of these facilities are added.
“II. ― To calculate the total heating power of combustion of a facility in order to determine its inclusion in the greenhouse gas emission exchange system, it is done by addition of the heating power of combustion of all the technical units that compose it, in which fuels are burned within the facility. These units include all types of boilers, burners, turbines, heating appliances, high furnaces, incinerators, heaters, ovens, ovens, ovens, ovens, dryers, engines, fuel cells, chemical loop combustion units, torchers as well as thermal or catalytic post-combustion units, boilers and emergency generators. Units with a heating capacity of less than 3 MW and units using exclusively biomass are not considered in this calculation. "Units that use exclusively biomass" include units that use fossil fuels in start-up or extinguishing phases of the unit.
"In the event of technical emergency units that cannot operate simultaneously with main units, either by material impossibility or by the effect of a provision of the prefectural authorization to operate, the calorific power taken into account in the above calculation is that of the most powerful of the two technical units, the emergency unit or the replaced unit. However, the basic nuclear emergency technical units do not fall within the emission quota system.
"III. ― If a unit implements an activity whose threshold is not expressed in total calorific combustion power, it is the threshold used for this activity that determines the inclusion in the emission quota exchange system.
"When a facility exceeds the capacity threshold defined for an activity in this annex, all fuel combustion units, other than hazardous or municipal waste incineration units, are included in the greenhouse gas emissions report under this subsection.
"The activities subject to the emission quota exchange system are listed in the table below.
| Combustion of fuels in installations with a total heating power of combustion greater than 20 MW (excluding hazardous or municipal waste incineration facilities) | Carbon dioxide |
| Oil refinement | Carbon dioxide |
| Coke production | Carbon dioxide |
| Grilling or sintering, including pelletization, metal ore (including sulphur ore) | Carbon dioxide |
| Production of cast iron or steel (primary or secondary) including continuous casting equipment with a capacity of more than 2.5 tonnes per hour | Carbon dioxide |
| Production or processing of ferrous metals (including ferro-alloys) where combustion units with total calorific combustion power greater than 20 MW are operated. The transformation includes, among other things, laminators, heaters, recuit furnaces, ironworks, coating units and cutting units. | Carbon dioxide |
| Primary aluminum production | Carbon dioxide and perfluorinated hydrocarbons |
| Secondary aluminum production, where combustion units with total calorific combustion power greater than 20 MW are operated | Carbon dioxide |
| Production or processing of non-ferrous metals, including alloy production, refinement, melting, etc., where combustion units with total calorific power of combustion (including fuels used as reducing agents) are operated more than 20 MW | Carbon dioxide |
| Production of clinker (cement) in rotary ovens with production capacity greater than 500 tonnes per day or in other types of ovens with production capacity greater than 50 tonnes per day | Carbon dioxide |
| Production of lime, including calcination of dolomite and magnesite, in rotary kilns or other types of kilns with production capacity greater than 50 tonnes per day | Carbon dioxide |
| Manufacture of glass, including glass fibers, with a fusion capacity greater than 20 tonnes per day | Carbon dioxide |
| Manufacture of ceramic products by cooking, including tiles, bricks, refractory stones, tiles, sandstones or porcelain, with production capacity greater than 75 tonnes per day | Carbon dioxide |
| Manufacturing of mineral wool insulating material from rocks, glass or dairy with a melting capacity greater than 20 tonnes per day | Carbon dioxide |
| Drying or calcination of the plaster or production of plaster boards and other compositions based on plaster, when combustion units whose calorific combustion power is greater than 20 MW are operated | Carbon dioxide |
| Production of paper pulp from wood or other fibrous materials | Carbon dioxide |
| Paper or cardboard production with production capacity greater than 20 tonnes per day | Carbon dioxide |
| Carbon black production, including carbonization of organic substances such as oils, tars, cracking and distillation residues, when combustion units with a total heating power of combustion greater than 20 MW are operated | Carbon dioxide |
| Nitric acid production | Carbon dioxide and nitrogen protoxide |
| Production of adipic acid | Carbon dioxide and nitrogen protoxide |
| Production of glyoxal and glyoxylic acid | Carbon dioxide and nitrogen protoxide |
| Production of ammonia | Carbon dioxide |
| Production of organic chemicals in bulk by cracking, reforming, partial or total oxidation, or by other similar processes, with production capacity greater than 100 tonnes per day | Carbon dioxide |
| Hydrogen production (H2) and synthetic gas by reforming or partial oxidation with production capacity greater than 25 tonnes per day | Carbon dioxide |
| Soda production (Na2CO3) and sodium bicarbonate (NaHCO3) | Carbon dioxide |
| Capture of greenhouse gases produced by the facilities covered by this Article for their transport and geological storage in a storage site approved under Directive 2009/31/EU | Carbon dioxide |
| Transport by pipelines of greenhouse gases for storage at an approved storage site under Directive 2009/31/ EU | Carbon dioxide |
| Geological storage of greenhouse gases in a registered storage site under Directive 2009/31/EU | Carbon dioxide |
It is inserted after the article R. 229-5 an article R. 229-5-1 written as follows:
"Art. R. 229-5-1.-For the purposes of this subsection, it is understood that:
"(a) "Installation in place": any installation that carries out one or more of the activities listed in the annex to section R. 229-5 or an activity included for the first time in the greenhouse gas emission quota system in accordance with section 24 of Directive 2003/87/EC of 13 October 2003, which:
“(i) Obtained an authorization to operate or an authorization referred to in Article L. 593-7 by 30 June 2011; or
“ii) Effectively in operation, met the conditions for obtaining authorization to operate or the authorization referred to in Article L. 593-7 by 30 June 2011;
“(b) “Incoming new”:
"any facility that pursues one or more of the activities referred to in R. 229-5, which obtained an authorization to operate for the first time after June 30, 2011;
"any installation that pursues an activity included in the quota exchange system pursuant to Article 24, paragraph 1 or 2, of Directive 2003/87/EC;
"any facility that pursues one or more of the activities referred to in Article R. 229-5 or an activity included in the quota system pursuant to Article 24, paragraph 1 or 2, of Directive 2003/87/EC, which has experienced a significant expansion of capacity after June 30, 2011;
"(c) "Product reference sub-installation": inputs, outputs and corresponding emissions related to the manufacture of a product for which a repository was defined in Annex I to Decision 2011/278/EU of 27 April 2011;
"(d) "Sub-installation with heat repository": inputs, outputs and corresponding emissions that are not covered by a sub-installation with product reference and that are related to the production of measurable heat or to the importation of measurable heat from a facility or other entity covered by the greenhouse gas emission quota system, or both
" ― consumed within the limits of the installation for the manufacture of products, for the production of mechanical energy other than that used for the production of electricity, for heating or cooling, to the exclusion of consumption for the production of electricity; or
" – exported to an installation or other entity not covered by this system, excluding export for the purposes of electricity generation;
"(e) "Sub-installation with fuel repository": inputs, outputs and corresponding emissions that do not fall within a sub-installation with product reference and are related to the production, by combustion of fuels, of non-measurable heat consumed for the manufacture of products, for the production of mechanical energy other than that used for the purpose of the cooling of electricity, or for the production of electricity
"f" Measurable heat": a net thermal flux transported in identifiable pipes or pipes by means of a caloporting medium such as, in particular, steam, hot air, water, oil, metals and liquid salts, for which a thermal energy meter is installed or could be installed;
"(g) " Thermal energy meter”: a thermal energy meter within the meaning of Annex MI-004 of Directive 2004/22/EC of the European Parliament and the Council, or any other device designed to measure and record the amount of thermal energy produced on the basis of volumes of fluxes and temperatures;
"h) "Non-measurable heat": any heat other than measurable heat;
"(i) "Sub-installation with process emissions": the emissions of the greenhouse gases listed in the Annex to Article R. 229-5, other than the carbon dioxide, that are produced outside the limits of the system of a reference of product contained in Annex I to Decision 2011/278/EU of 27 April 2011, or the emissions of carbon dioxide that are produced outside the limits of the system of a reference
“(i) The chemical or electrolytic reduction of metal compounds in minerals, concentrates and secondary raw materials;
“ii) The removal of impurities in metals and metal compounds;
“(iii) The decomposition of carbonates, excluding those used for the treatment of smoke;
“(iv) Chemical synthesis in which carbonated material participates in the reaction when the main objective is other than heat production;
“(v) Use of additives or raw materials containing carbon when the main objective is other than heat production;
“(vi) The chemical or electrolytic reduction of metalloid oxides or non-metallic oxides, such as silicon oxides and phosphates;
"j) " Significant Capacity Extension": a significant increase in the initial installed capacity of a sub-installation resulting in the following consequences:
“(i) There are one or more identifiable physical changes related to the technical configuration and operation of the sub-installation, other than the simple replacement of an existing production chain; and
“ii) The sub-installation may be operated at a capacity of not less than 10% at its initial installed capacity before the modification; or
“(iii) The sub-installation concerned by physical changes has a clearly higher level of activity resulting in an additional allocation of emission quotas of more than 50,000 quotas per year, representing at least 5% of the annual provisional number of emission quotas allocated free of charge to the sub-installation in question before the amendment;
"(k) " Significant Capacity Reduction": one or more identifiable physical changes resulting in a significant decrease in the initial installed capacity and the level of activity of a sub-installation whose magnitude corresponds to the extent determined in the definition of the significant capacity extension;
“(l) “ Significant capacity modification”: a significant capacity extension or a significant capacity reduction;
"m) "Capacity added": the difference between the initial installed capacity of a sub-installation and the installed capacity of the same sub-installation after a significant expansion of capacity, determined on the basis of the average of the two highest monthly production volumes during the first six months following the beginning of the modified operation;
"n) " Abstract capacity”: the difference between the initial installed capacity of a sub-installation and the installed capacity of the same sub-installation after a significant reduction in capacity, determined on the basis of the average of the two highest monthly production volumes during the first six months following the beginning of the modified operation;
"o) " Start of normal operation”: the first day verified and approved of a continuous 90-day period or, where the usual production cycle of the sector concerned does not provide for continuous production, on the first day of a 90-day period divided into sectoral production cycles, during which the facility operates at least 40% of the capacity for which the equipment is designed, taking into account, if any, the operating conditions of the facility;
"p) " Beginning of modified operation”: the first day verified and approved of a continuous 90-day period or, where the usual production cycle of the sector concerned does not provide for continuous production, on the first day of a 90-day period divided into sectoral production cycles, during which the modified sub-installation is at least 40% of the capacity for which the equipment is designed, taking into account, where appropriate, the operating conditions specific to the sub-installation
"q) " Combustion": any oxidation of fuels irrespective of the use of heat, electrical or mechanical energy produced by this process and any other related activities, including the destruction of gaseous effluents;
"(r) "Checker": a competent and independent audit body or body responsible for carrying out the verification process and reporting thereon, in accordance with the detailed requirements defined by the Member State in accordance with Annex V to Directive 2003/87/EC;
"(s) "Reasonable insurance": a high but non-absolute level of assurance, formally expressed in the notice, when the presence or absence of significant inaccuracies in the data subject to verification;
"(t) " Degree of insurance”: the extent to which the auditor considers, in the audit findings, that it has been proven that the data submitted for a facility were or did not contain significant inaccuracies;
"u" Significant inaccuracy”: a significant inaccuracy (omission, inaccurate declaration or error, except for the admissible uncertainty) in the data submitted, which the auditor considers, in the performance of its functions, that it could influence the subsequent use of the data by the competent authority in calculating the allocation of emission quotas. »
Paragraphs 1 and 2 of subsection 1 of section 2 of chapter IX of title II are replaced by the following:
“Paragraph 1
"Allocation and issuance of emission quotas
of greenhouse gases
"Art. R. 229-6.-For the purposes of this subsection, each facility that meets the free-of-charge emission quota requirements is divided into one or more of the following sub-installations, as required:
“(a) A sub-installation with product reference;
“(b) A sub-installation with heat repository;
"(c) A sub-installation with fuel repository;
"(d) A sub-installation with process emissions.
"Sub-installations correspond, to the extent possible, to the physical parts of the facility.
"For heat-referential sub-installations, fuel-referential sub-installations and process-emission sub-installations, the prefect determines, on the basis of NACE and PRODCOM codes, whether the process concerned is used or not for a sector or subsector considered to be exposed to a significant risk of carbon leakage in accordance with the decision 2010/2/EU of the Commission establishing, in accordance with
"When an installation included in the exchange system has produced and exported measurable heat to an installation or other entity not included in this system, it is assumed that for this heat the corresponding process of the sub-installation with heat reference is not used for a sector or sub-sector considered to be exposed to a significant risk of carbon leakage in accordance with Decision 2010/2/ EU of the Commission, unless the prefect establishes that the measurable heat consumer is part of a sector or subsector considered to be exposed to a significant risk of carbon leakage in accordance with the above-mentioned decision.
"The sum of the inputs, outputs and emissions of each sub-installation does not exceed the inputs, outputs and total emissions of the facility.
"Art. R. 229-7.-I. ― In the case of existing facilities, the Minister for the Environment determines the historical activity levels of each facility for the reference period from January 1, 2005 to December 31, 2008 or, if these levels are higher, for the reference period from January 1, 2009 to December 31, 2010.
"For each product for which a product reference is defined in Annex I to Decision 2011/278/EU of 27 April 2011 of the European Commission, the historical activity level for the product corresponds to the median value of the historical annual production of the product in the facility concerned during the reference period.
"The level of historical heat activity corresponds to the median value of the annual measurable heat import from a facility covered by the greenhouse gas emission quota system or measurable heat production, or both, during the reference period, that heat being consumed within the limits of the installation for the manufacture of the products, for the production of electricity
"The historical level of activity for fuels is the median value of the historical annual consumption of fuels used for the production of non-measurable heat consumed for the manufacture of products, for the production of mechanical energy other than that used for the production of electricity, for heating or cooling, excluding consumption for the purposes of electricity generation. This level of activity, which includes the consumption of fuels for torching for safety reasons, is appreciated during the reference period and is expressed in terajoules per year.
"For process emissions related to the manufacture of products in the facility concerned during the reference period defined in the first paragraph, the level of historical activity relative to the process corresponds to the median value of historical annual process emissions, expressed in tonnes equivalent carbon dioxide.
“II. – Only calendar years during which the facility was in operation for at least one day are considered for the determination of the median values referred to in I.
"If the facility has been operating less than two calendar years during the relevant reference period, the historical activity levels are calculated on the basis of the initial installed capacity of each sub-installation, multiplied by the coefficient of use of the applicable capacity determined in accordance with Article R. 229-10 II.
"By derogation from paragraph 2 of I, in the case of products covered by the product references in Appendix III of Decision 2011/278/EU of 27 April 2011, the Prefect determines the level of historical activity for the product on the basis of the median value of historical annual production, according to the formulae set out in that annex.
"The facilities in place that are in operation only occasionally, including reserve or rescue facilities and seasonally operated facilities that have not been in operation for a day at least one calendar year during the reference period, shall be considered for the determination of the median values referred to in the second paragraph of the I when all of the following conditions are met:
“(a) It is clearly demonstrated that the facility is used occasionally, and in particular that it is regularly operated as a reserve or rescue capacity or regularly operated seasonally;
“(b) The facility is authorized to operate;
"(c) It is technically possible to start operation at short notice, and maintenance is performed regularly.
"III. ― Where a facility in place has undergone a significant expansion of capacity or a significant reduction in capacity between January 1, 2005 and June 30, 2011, the historical activity levels of the facility in question correspond to the sum of the median values determined in accordance with I, without the significant change in capacity, and the historical activity levels of the capacity added or withdrawn.
"The historical activity levels of the added or withdrawn capacity correspond to the difference between the initial installed capacity, up to the beginning of the modified operation, of each sub-installation having been subject to a significant change in capacity and the installed capacity after the significant change in capacity multiplied by the average historical use of the facility's capacity during the years preceding the modified operation.
"Art. R. 229-8.-I. ― On the basis of the data collected in accordance with Article 7 of Decision 2011/278/EU of 27 April 2011 and Article R. 229-7, the Minister for the Environment shall, by order, establish the list of operators to which are assigned and then free of charge quotas.
"This order made after approval by the European Commission of the list of facilities notified to it pursuant to the provisions of Directive 2003/87/EC specifies, for each facility, the total number of quotas allocated and the quantities of quotas that will be issued free of charge each year.
"The Order is published in the Official Journal and the Prefect sends a copy to each operator electronically.
"For the equipment and facilities referred to in the first paragraph of Article L. 593-3 and for the classified facilities referred to in the second paragraph of this Article, the Nuclear Safety Authority shall make this publication and make this communication to the operators.
“II. ― The national administrator of the European Register shall, no later than 28 February of each year, record the amount of quotas provided for each facility by the order set out in I.
"III. ― An Order of the Minister for the Environment and the Minister for Industry sets out the conditions and methodologies for calculating the allocation and issuance of these quotas, including provisionally, for each facility.
“Paragraph 2
"Rules applicable to new entrants, extensions
and capacity reductions, in partial or total business separations
"Art. R. 229-9.-At the request of a new entrant, the Minister responsible for the environment determines the amount of quotas to be issued free of charge to the facility once the facility has started to operate normally and its initial installed capacity has been determined.
"All applications submitted in the year following the commencement of normal operation of the facility or sub-installation concerned are admissible.
"The facility concerned is divided into sub-installations in accordance with Article R. 229-6. The operator attached to its application, separately for each sub-installation, all relevant information and data concerning each of the parameters listed in Appendix V of Decision 2011/278/EU of 27 April 2011 having been subject to a reasonable assurance notice. If necessary, the Minister responsible for the environment may request more detailed information from the operator.
"For facilities referred to in section 3, point h, of Directive 2003/87/EC, with the exception of facilities that have been subject to a significant capacity extension after June 30, 2011, the operator determines the initial installed capacity of each sub-installation according to the method specified in section 7, paragraph 3, of the decision of April 27, 2011, using as a reference the continuous 90-day period defining the start of normal operation. The Minister for the Environment approves the initial installed capacity of each sub-installation before calculating the assignment to be granted to the facility.
"The data submitted under this section must have been subject to a reasonable assurance notice from an auditor.
"Art. R. 229-10.-I. ― In the case of facilities referred to in section 3, point h, of Directive 2003/87/EC, with the exception of facilities that have been significantly expanded after June 30, 2011, the activity levels of each facility are determined as follows:
“(a) For each product for which a product reference is defined in Appendix I, the level of activity for the product corresponds to the initial installed capacity of the facility concerned for the manufacture of this product, multiplied by the coefficient of use of the standard capacity;
“(b) The level of heat activity corresponds to the product of the following two elements:
"The first is the initial installed capacity:
"for the importation of measurable heat from facilities covered by the greenhouse gas emission quota system or for the production of measurable heat; or
"– for both, this heat being consumed within the limits of the installation for the manufacture of products, or for the production of mechanical energy other than that used for the production of electricity, or for heating or cooling; or
"for heat production exported to an installation or other entity not covered by the Union system, excluding export for the purpose of electricity generation.
"The second is the coefficient of use of the applicable capacity.
"The heat consumed for electricity production is not taken into account;
"(c) The level of activity relative to the fuels is the initial installed capacity of the facility concerned for the consumption of fuels used for the production of non-measurable heat consumed for the manufacture of products, for the production of mechanical energy other than that used for the production of electricity, for heating or cooling including torching for safety reasons, multiplied by the coefficient of use of the applicable capacity.
"The consumption of fuels used for electricity generation is not taken into account;
"(d) The level of activity for process emissions corresponds to the initial installed capacity of the process unit for the production of process emissions, multiplied by the coefficient of use of the applicable capacity.
“II. ― The coefficient of use of the applicable capacity referred to in I, points b to d, is determined on the basis of information duly substantiated and independently verified with respect to the planned normal operation of the facility, its maintenance, its usual production cycle, high-energy technologies and the use of the typical capacity of the sector concerned, in relation to the specific sectoral data.
"For the determination of the coefficient of use of the applicable capacity referred to in I, point d, it must also be taken into account the duly substantiated and independently verified information regarding the emission intensity of inputs and greenhouse gas reduction technologies.
"III. ― For facilities that have undergone a significant expansion of capacity after June 30, 2011, activity levels are determined in accordance with I only for the added capacity of the sub-installations affected by the significant expansion of capacity.
"For facilities that have undergone a significant reduction in capacity after June 30, 2011, activity levels are determined in accordance with I only for the capacity removed from the sub-installations affected by the significant reduction in capacity.
"Art. R. 229-11.-I. ― For the issuance of emission quotas to new entrants, with the exception of the issuance to facilities referred to in the third dash of section R. 229-5-1, the annual provisional number of emission quotas issued free of charge from the start of the normal operation of the facility is calculated separately for each sub-installation as follows:
“(a) For each sub-installation with product reference, the annual provisional number of emission quotas issued free of charge for a given year corresponds to the value of this product reference multiplied by the activity level for the corresponding product;
“(b) For each sub-installation with heat repository, the annual provisional number of emission quotas issued free of charge is the value of the heat repository applicable to this measurable heat set out in Appendix I multiplied by the level of heat activity;
"(c) For each sub-installation with fuel reference, the annual provisional number of emission quotas issued free of charge corresponds to the value of the fuel reference set out in Appendix I multiplied by the level of fuel activity;
"(d) For each sub-installation with process emissions, the annual provisional number of quotas issued free of charge for a given year corresponds to the level of activity for the process multiplied by 0.9700.
"Section R. 229-8 and the orders made for its execution shall apply mutatis mutandis for the purposes of calculating the annual provisional number of emission quotas issued free of charge.
“II. ― For the emissions of the new incoming independently verified incoming that were produced prior to the start of normal operation, the additional quotas are assigned and issued on the basis of the historical emissions expressed in tonnes carbon dioxide equivalent.
"III. ― The total annual provisional amount of emission quotas issued free of charge is the sum of the provisional annual number of emission quotas issued free of charge to all sub-installations, calculated in accordance with I, and the additional quotas mentioned in II.
"IV. ― The administrative authority shall promptly notify the European Commission of the provisional total amount of emission quotas issued free of charge. The reserve emission quotas for new entrants created pursuant to Article 10 bis, paragraph 7, of Directive 2003/87/EC are issued on the basis of the principle "first come, first served" taking into account the date of receipt of this notification.
"If the Board has not rejected this amount, the administrative authority determines the final annual amount of emission quotas issued free of charge.
"V. ― The final annual amount of emission quotas issued free of charge is the total provisional annual amount of emission quotas issued free of charge to each facility, determined in accordance with the III, adjusted annually by means of the linear reduction factor referred to in Article 10 bis, paragraph 7, of Directive 2003/87/EC, using as reference the total provisional annual amount of emission quotas issued free of charge to the facility concerned for the year 2013.
"Art. R. 229-12.-When a facility has undergone a significant expansion of capacity after June 30, 2011, the Minister responsible for the environment, at the request of the operator and without prejudice to the issuance to a facility pursuant to section R. 229-8, determines, in accordance with the method set out in section R. 229-11, the number of emission extensions to be issued free of charge in order to take into account the number of the free issuance.
"The operator shall transmit, with its request, data demonstrating that the criteria used to define a significant extension of capacity are met and shall communicate, in support of a possible issuing decision, the information referred to in the third paragraph of Article R. 229-9. In particular, the operator communicates the added capacity and installed capacity of the sub-installation after the significant capacity extension, both of which were subject to a reasonable assurance notice from an auditor. For the evaluation of significant subsequent capacity changes, this installed capacity of the sub-installation after the significant capacity extension is considered to be the initial installed capacity of the sub-installation.
"Art. R. 229-13.-When a facility has undergone a significant reduction in capacity after June 30, 2011, the Minister responsible for the environment determines the amount of quotas to be deducted from the number of quotas to be issued free of charge to reflect this reduction. For this purpose, the operator communicates the capacity and installed capacity of the sub-installation after the significant reduction in capacity, both of which were subject to a reasonable assurance notice by an auditor. For the purpose of assessing significant subsequent capacity changes, this installed capacity of the sub-installation after significant capacity reduction is considered to be the initial installed capacity of the sub-installation.
"The Minister responsible for the environment reduces the provisional annual number of emission quotas issued free of charge to the installation of the difference between the annual amount of quotas issued to each sub-installation prior to the significant reduction of capacity and the annual provisional number of emission quotas issued free of charge to each sub-installation concerned after the significant reduction of capacity, calculated in accordance with section I R. 229-10.
"Art. R. 229-14.-I. ― A facility is deemed to have ceased operations when any of the following conditions is met:
“(a) Authorization to operate has expired;
“(b) Authorization to operate was withdrawn;
"(c) The operation of the facility is technically impossible;
"(d) The installation is not in operation, but was previously, and the resumption of activities is technically impossible;
“e) The facility is not in operation, but was previously in operation, and the operator is not in a position to establish that the operation will resume within six months of the cessation of operations. This period is extended to a maximum of eighteen months if the operator can establish that the installation is not able to resume its activities within six months due to exceptional and unpredictable circumstances that even the deployment of all due diligence would not have allowed to avoid and which escape the control of the operator of the facility concerned, due in particular to circumstances such as natural disasters, armed conflicts, threats of armed conflict
“II. - The provisions of the e of I shall not apply to reserve or emergency facilities or to facilities that are operated seasonally when all of the following conditions are met:
“(a) The operator is licensed to operate;
“(b) It is technically possible to resume activities without making physical modifications to the facility;
"(c) The installation is subject to regular maintenance.
"III. ― When a facility has ceased operations, it is no longer granted emission quotas from the year following the cessation of operations.
"The issuance of emission quotas to the facilities referred to in I, point e, may be suspended as long as it is not established that they will resume their activities.
"Art. R. 229-15.-I. ― A facility is deemed to have partially ceased operations when, in a given calendar year, one of its sub-installations contributing to at least 30% to the final annual quantity of emission quotas issued free of charge to the facility, or resulting in the issuance of more than 50,000 quotas, reduces its level of activity by at least 50% from the level of activity used to calculate the number of quotas issued to that sub-installation in accordance with the applicable level 2-829
“II. ― The issuance of emission quotas to a facility that partially ceases operations shall be adjusted from the year following the year in which it partially ceases operations, or from 2013 if the partial cessation of activities occurred before January 1, 2013, as follows:
"If the level of activity of the sub-installation referred to in I is reduced from 50% to 75% from the initial level of activity, the sub-installation receives only half of the quotas that were initially issued to it;
"If the level of activity of the sub-installation referred to in I is reduced from 75% to 90% compared to the initial level of activity, the sub-installation receives only 25% of the quotas initially issued to it;
"If the level of activity of the sub-installation referred to in I is reduced by 90% or more than the initial level of activity, it is not issued a free quota.
"III. ― If the level of activity of the sub-installation referred to in I reaches a level of more than 50% of the initial level of activity, the facility that partially ceased its activities receives the quotas that were initially issued from the year following the calendar year in which the level of activity exceeded the 50% threshold.
"IV. ― If the level of activity of the sub-installation referred to in I reaches a level of more than 25% of the initial level of activity, the facility that partially ceased its activities receives half of the quotas that were initially issued from the year following the calendar year in which the level of activity exceeded the threshold of 25%.
"Art. R. 229-16.-For the implementation of sections R. 229-9 to R. 229-15, the Minister for the Environment amends, after approval by the European Commission, the order set out in section I of R. 229-8.
"This order is communicated by the prefect to the operators concerned electronically and transmitted to the national administrator of the Union Register.
"For the equipment and facilities referred to in the first paragraph of Article L. 593-3 and for the facilities listed in the second paragraph of this Article, the Nuclear Safety Authority shall make such communication to the operators and the national administrator. »
In R. 229-20, R. 229-21, R. 229-30, R. 229-31, R. 229-33 and R. 229-43, the words "registration content" are replaced by the words "national administrator of the European Register".
Paragraph 4 of subsection 1 of section 2 of chapter IX of title II is replaced by the following:
“Paragraph 4
"Health facilities excluded from the quota system
"Art. R. 229-22.-I. ― By measures allowing for reductions of equivalent emissions referred to in Article L. 229-5-1, for each facility excluded from the Greenhouse Gas Emission Exchange System, the obligation not to exceed any of the following two emission limits:
"– the amount of programming corresponding to the number of free quotas that would have been allocated to the facility if it had remained in the exchange system;
" – a quantity of annual programs such as between 2013 and 2019 the gradual reduction of emissions leads to a quantity of emissions in 2020 corresponding to the amount of 2005 emissions decreased by 21%.
"This maximum annual amount of emissions shall not exceed the amount of emissions from the carbon dioxide equivalent facility for the year 2005, affected by the following factors:
| 0.886 | 0.871 | 0.857 | 0.844 | 0.830 | 0.817 | 0.803 | 0.79 |
Paragraph 7 of chapter IX, section 2, section 2, of title II is inserted as follows:
“Paragraph 7
"Public information on the use by the State of revenues derived
the auction of greenhouse gas emission quotas
"Art. R. 229-33-1. - The State shall make public the report that it sends annually to the European Commission on the use, for at least half, of the revenues derived from the auction of the quotas or the financial equivalent of those revenues for one or more of the following purposes:
“(a) Reduction of greenhouse gas emissions, including by contributing to the Global Fund for the Promotion of Energy Efficiency and Renewable Energy and the Adaptation Fund made operational by the conference on climate change in Poznan (COP 14 and COP/MOP 4), adaptation to the consequences of climate change and financing of research and development activities, as well as demonstration projects for the reduction of emissions and adaptation to climate change, including participation in the strategic
“(b) Development of renewable energy to meet the Community's commitment to use 20% renewable energy by 2020, as well as the development of other technologies that contribute to the transition to a low-carbon, safe and sustainable economy and contribute to the Community's commitment to increase energy efficiency by 20% on the same date;
"(c) Measures to avoid deforestation and to increase afforestation and reforestation in developing countries that have ratified the international agreement; transfer of technologies and facilitation of adaptation to the adverse effects of climate change in these countries;
"(d) Seed by forestry in the Community;
“e) Geological capture and storage, under environmental security conditions, of CO2, particularly from solid fossil fuel plants and a range of industrial sectors and subsectors, including in third countries;
“(f) Incentives to adopt low-emission means of transport and public transport;
“(g) Financing of research and development activities on energy efficiency and clean technologies in the sectors referred to in R. 229-5;
“(h) Measures to improve energy efficiency and insulation or to provide financial assistance in order to take into account social aspects with regard to low- and medium-income households;
“(i) Coverage of administrative costs related to the management of the community system. »
In R. 229-33, a third paragraph is inserted as follows:
"For the equipment and facilities referred to in the first paragraph of Article L. 593-3 and for the facilities listed in the second paragraph of this Article, the administrative authority and the competent authority referred to in Article L. 229-18 II and the authority authorized to impose the sanctions provided for in this paragraph shall be the Nuclear Safety Authority. »
Sub-section 2 of Chapter IX, Chapter IX, Part II is replaced by the following:
"Subsection 2
« National Administrator of the European Register
"Art. R. 229-34.-The Caisse des dépôts et consignations is responsible for the role of national administrator of the European Register under Article L. 229-16, including with respect to the register of France as a party to the Kyoto Protocol.
"Art. R. 229-35.-I. ― The Caisse des dépôts et consignations manages, on behalf of the State, its accounts and the accounts of other users under its jurisdiction under the European Register. Its missions under this subsection include:
“(a) The opening, the management of the statement of accounts mentioned above, the suspension of access to these accounts and their closure as appropriate;
“(b) Accreditation and, where appropriate, revocation of authorized representatives and additional authorized representatives;
"(c) Verification of the update of accounts information referred to in the first paragraph of I, their authorized representatives and their additional authorized representatives;
"(d) Seizure of the emission data of the previous year by 31 March, loading and, where applicable, modification of the national allocation table in the European Union transaction log;
“e) exceptionally, the seizure of a transfer order, at the request of the authorized representative(s) of the account concerned;
“(f) Collection of amounts referred to in R. 229-36.
“II. ― The Caisse des dépôts et consignations shall take the necessary measures to ensure the confidentiality of the information it collects in the exercise of the missions mentioned in I and to prevent any use of this information, including within it, for activities outside these missions.
"III. – A convention regulates the organization of State relations with the Caisse of deposits and consignations for the exercise of the missions carried out on behalf of the State and for that of other users and the conditions, including financial balance, of the exercise of these different missions.
"IV. ― A joint order of the Minister for the Environment, the Minister for Economics, Finance and Industry and the Minister for Civil Aviation approves the standard conventions established for each account category, to conclude at the opening of any account, between the Caisse des Dépôts et consignations, national administrator of the European Register, and each account holder.
"Art. R. 229-36.-The coverage of the costs borne by the Caisse des dépôts et consignations under its role as national administrator of the European Register, including with respect to the register of France as a party to the Kyoto Protocol, is, without it being the result of the benefits, insured by the costs of holding accounts to the account holders, including the State. On an exceptional basis, a supplementary payment from the State can contribute to the coverage of these costs.
"A joint order of the Minister for the Environment, the Minister for Finance and the Minister for Civil Aviation shall, on an annual basis, determine, after notice by the Director General of the Caisse des dépôts et consignations, the amount of the holding of accounts for the current year. »
Section R. 229-38 is amended to read:
I. ― I is deleted.
II. ― The words: "II. ― Until the end of the first five-year period referred to in I of Article L. 229-8" are replaced by the words: "Up to the end of the eight-year period, the first of which begins on January 1, 2013 referred to in Article L. 229-13".
Section R. 229-39 is amended to read:
I. ∙ I is replaced by the following:
"I. ― The operations for the issuance, transfer and cancellation of the units referred to in Article L. 229-7 and the restitution and cancellation of these units are registered in the European register referred to in Article L. 229-16. »
II. ― In II, the words: "in one of the periods provided for in Article L. 229-8" are replaced by the words: "in one of the eight-year periods referred to in Article L. 229-13".
Section R. 229-40 is amended to read:
I. ― At 2° of I, after the words: "a Member State of the European Union" are added the words: "or a Member State of the European Free Trade Association".
II. ― At 5° of I, the words ", proposed by applicants" are deleted.
III. ― A III, written as follows, is added:
"III. • If, on an experimental basis, the project activity is subject to land use, land-use change or forest activity, and the following conditions must be met:
« 1° The activity shall result from afforestation or reforestation on land that is not forested on 1 January 1990 in accordance with the provisions of Article 3.3 of the Kyoto Protocol and the decisions taken by the parties to this Protocol for the implementation of this Article;
« 2° The forest cover must meet the minimum threshold values set by a joint order of the Minister for Sustainable Development and the Minister for Finance.
"A joint order of the Minister for the Environment and the Minister for Finance, made after the advice of the Minister for the Forest, specifies the modalities for the calculation and issuance of emission reduction units. »
The c of 3° of Article R. 512-4 shall be replaced by the following provisions:
"(c) Measures taken to quantify emissions through a monitoring plan that meets the requirements of the regulation referred to in section 14 of amended Directive 2003/87/EC of 13 October 2003. This plan may be updated by the operator without having to change its authorization. »
Section R. 512-33 of the Environmental Code is amended to read:
1° The III becomes the IV;
2° II and III are replaced by the following:
“II. ― Operators shall, by 31 December of each year, inform the prefect of any planned or actual changes in the scope or significant reduction of the capacity of the facilities referred to in section L. 229-5, at the total or partial cessation of their activities or in respect of the level of activity, operation, mode of use or operation of the facilities.
"When they result in a noticeable change in the elements of the authorization application file, these amendments must be brought to the attention of the prefect, prior to their completion, with all the elements of appraisal.
"III. ― If, after notice of inspection of classified facilities, the Prefect considers that these changes or amendments are substantial, the Prefect invites the operator to file a new application for authorization.
"An amendment is considered to be substantial, in addition to cases where quantitative thresholds and criteria are met by order of the Minister responsible for classified facilities, provided that it is likely to cause significant hazards or disadvantages to the interests referred to in sections L. 211-1 and L. 511-1.
"If he considers that the amendment is not substantial, the Prefect:
« 1° Invites the operator to file an application for registration for this amendment when it falls within section 2. The application is then instructed according to the provisions of subsection 2 of this section;
« 2° Fixes, where appropriate, additional requirements in the forms provided for in Article R. 512-31. »
Section R. 512-45 is supplemented by the following paragraph:
"For facilities referred to in section L. 229-5, the prefect shall review at least every five years the elements of the application for authorization referred to in section 3 R. 512-4 and make the necessary modifications to the authorization by taking the additional orders provided for in section R. 512-31. »
The provisions of this Decree, except Articles 4 and 8, Article 10 I and Article 11, come into force on January 1, 2013.
The Minister of Economy and Finance, the Minister of Ecology, Sustainable Development and Energy and the Minister Delegate to the Minister of Ecology, Sustainable Development and Energy, responsible for transport, the sea and fisheries, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 3 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
