Commission Implementing Regulation (EU) 2023/2122 of 12 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council

On October 18, 2023, new Commission Implementing Regulation (EU) 2023/2122 as regards the monitoring and reporting of greenhouse gas (GHG) emissions for purposes of efficient and adequate calculation and reporting of GHGs and the application of an appropriate emission trading scheme was published in the Official Journal (OJ) of the EU. The implementing regulation modifies Commission Implementing Regulation (EU) 2018/2066 in same context primarily to align the regulation with recent regulatory amendments in other legislation, establish a new emissions trading system (ETS) for specific fuel industries, and adopt provisions to take a more proportionate approach towards GHG reporting and monitoring requirements.
Specifically, and among other things, the implementing regulation,
– sets out new reporting obligations for installations for the incineration of municipal waste;
– specifies new rules for biomass GHG reporting and determination of the biomass fraction in biogas;
– sets out a new reference price of € 80 per allowance under Article 18 of Commission Implementing Regulation (EU) 2018/2066 for purposes of making the costs – benefit analysis for determining unreasonable costs to apply specific GHG emission monitoring methodologies;
– establishes a distinct emissions trading system (ETS) that pertains to the use of fuels for combustion in the building and road transportation industries, as well as in other sectors that align with industrial activities not encompassed by Annex I of Directive 2003/87/EC (referred to as ‚building, road transport, and other sectors‘);
– establishes new monitoring and reporting rules for such fuels;
– clarifies the monitoring obligations for carbonates in raw materials;
– defines the relevant tiers for major fuel streams to determine the released fuel amounts and each calculation factor; and
– adds new annexes for purposes of specifying the content of various reports, including the „Report on fuel suppliers and fuel use of stationary installations and, where relevant, aircraft operators and shipping companies“ or the „Reports on released fuels by regulated entities“.
There are numerous other provisions outlined in the implementing regulation, including provisions on enforcement powers of national competent authorities. For more detailed, comprehensive information, please see the enclosed original legal document.