What changed, Directive (EU) 2023/959

+ ### Article 1 — Amendments to Directive 2003/87/EC
− ### art_1
− 
− Article 1
+ (1) in Article 1, the second paragraph is replaced by the following: ‘This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change. It contrib…
− | (1) | in Article 1, the second paragraph is replaced by the following: ‘This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change. It con…
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+ (2) in Article 2, paragraphs 1 and 2 are replaced by the following: **‘1.** This Directive shall apply to the activities listed in Annexes I and III, and to the greenhouse gases listed in Annex II. Where an installation that is included within the scope of the EU ETS due to the operation of combusti…
− | (2) | in Article 2, paragraphs 1 and 2 are replaced by the following:‘1. This Directive shall apply to the activities listed in Annexes I and III, and to the greenhouse gases listed in Annex II. Where an installation that is included within the scope of the EU ETS due to the operation of combustio…
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+ (3) Article 3 is amended as follows: (a) point (b) is replaced by the following: ‘(b) “emissions” means the release of greenhouse gases from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport acti…
− | (3) | Article 3 is amended as follows:(a)point (b) is replaced by the following:‘(b)“emissions” means the release of greenhouse gases from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport acti…
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− | (a) | point (b) is replaced by the following:‘(b)“emissions” means the release of greenhouse gases from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases…
− | ‘(b) | “emissions” means the release of greenhouse gases from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or…
− | (b) | point (d) is replaced by the following:‘(d)“greenhouse gas emissions permit” means the permit issued in accordance with Articles 5, 6 and 30b;’; |
− | ‘(d) | “greenhouse gas emissions permit” means the permit issued in accordance with Articles 5, 6 and 30b;’; |
− | (c) | point (u) is deleted; |
− | (d) | the following points are added:‘(w)“shipping company” means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has ag…
− | ‘(w) | “shipping company” means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties a…
− | (x) | “voyage” means a voyage as defined in Article 3, point (c), of Regulation (EU) 2015/757 of the European Parliament and of the Council(*5); |
− | (y) | “administering authority in respect of a shipping company” means the authority responsible for administering the EU ETS in respect of a shipping company in accordance with Article 3gf; |
− | (z) | “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers, or the port where an offshore ship stops to relieve the crew; stops for the sole purposes of refuelling, obtaining supplies, relieving the crew of a ship other than an offshore ship…
− | (aa) | “cruise passenger ship” means a passenger ship that has no cargo deck and is designed exclusively for commercial transportation of passengers in overnight accommodation on a sea voyage; |
− | (ab) | “contract for difference” or “CD” means a contract between the Commission and the producer, selected through a competitive bidding mechanism such as an auction, of a low- or zero-carbon product, and under which the producer is provided with support from the Innovation Fund covering the diff…
− | (ac) | “carbon contract for difference” or “CCD” means a contract between the Commission and the producer, selected through a competitive bidding mechanism such as an auction, of a low- or zero-carbon product, and under which the producer is provided with support from the Innovation Fund covering …
− | (ad) | “fixed premium contract” means a contract between the Commission and the producer, selected through a competitive bidding mechanism such as an auction, of a low- or zero-carbon product, and under which the producer is provided with support in the form of a fixed amount per unit of the produ…
− | (ae) | “regulated entity” for the purposes of Chapter IVa means any natural or legal person, except for any final consumer of the fuels, that engages in the activity referred to in Annex III and that falls within one of the following categories:(i)where the fuel passes through a tax warehouse as d…
− | (i) | where the fuel passes through a tax warehouse as defined in Article 3, point (11), of Council Directive (EU) 2020/262(*6), the authorised warehousekeeper as defined in Article 3, point (1), of that Directive, liable to pay the excise duty which has become chargeable pursuant to Article 7 of …
− | (ii) | if point (i) of this point is not applicable, any other person liable to pay the excise duty which has become chargeable pursuant to Article 7 of Directive (EU) 2020/262 or Article 21(5), first subparagraph, of Council Directive 2003/96/EC(*7) in respect of the fuels covered by Chapter IVa …
− | (iii) | if points (i) and (ii) of this point are not applicable, any other person that has to be registered by the relevant competent authorities of the Member State for the purpose of being liable to pay the excise duty, including any person exempt from paying the excise duty, as referred to in A…
− | (iv) | if points (i), (ii) and (iii) are not applicable, or if several persons are jointly and severally liable for payment of the same excise duty, any other person designated by a Member State; |
− | (af) | “fuel” for the purposes of Chapter IVa of this Directive means any energy product referred to in Article 2(1) of Directive 2003/96/EC, including the fuels listed in Table A and Table C of Annex I to that Directive, as well as any other product intended for use, offered for sale or used as m…
− | (ag) | “release for consumption” for the purposes of Chapter IVa of this Directive means release for consumption as defined in Article 6(3) of Directive (EU) 2020/262; |
− | (ah) | “TTF gas price” for the purposes of Chapter IVa means the price of the gas futures month-ahead contract traded at the Title Transfer Facility (TTF) Virtual Trading Point, operated by Gasunie Transport Services B.V.; |
− | (ai) | “Brent crude oil price” for the purposes of Chapter IVa means the futures month-ahead price for crude oil, used as a benchmark price for the purchase of oil. |
+ (4) the title of Chapter II is replaced by the following: ‘Aviation and Maritime Transport’;
− | (4) | the title of Chapter II is replaced by the following: ‘Aviation and Maritime Transport’; |
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+ (5) Article 3a is replaced by the following: ‘Article 3a Scope Articles 3b to 3g shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3ga to 3gg shall apply in respect of the maritime transport activities listed in Annex I.’
− | (5) | Article 3a is replaced by the following:‘Article 3aScopeArticles 3b to 3g shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3ga to 3gg shall apply in respect of the maritime transport activities listed in Annex I.’; |
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+ (6) Article 3g is replaced by the following: ‘Article 3g Monitoring and reporting plans The administering Member State shall ensure that each aircraft operator submits to the competent authority in that Member State a monitoring plan setting out measures to monitor and report emissions and that such…
− | (6) | Article 3g is replaced by the following:‘Article 3gMonitoring and reporting plansThe administering Member State shall ensure that each aircraft operator submits to the competent authority in that Member State a monitoring plan setting out measures to monitor and report emissions and that suc…
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+ (7) the following Articles are inserted: ‘Article 3ga Scope of application to maritime transport activities **1.** The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions fr…
− | (7) | the following Articles are inserted:‘Article 3gaScope of application to maritime transport activities1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions from …
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− | (a) | 40 % of verified emissions reported for 2024 that would be subject to surrender requirements in accordance with Article 12; |
− | (b) | 70 % of verified emissions reported for 2025 that would be subject to surrender requirements in accordance with Article 12; |
− | (c) | 100 % of verified emissions reported for 2026 and each year thereafter in accordance with Article 12. |
− | (a) | in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered; |
− | (b) | in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the preceding four monitoring years and falling within the scope set out in Article 3ga; |
− | (c) | in the case of a shipping company that is not registered in a Member State and that did not carry out any voyage falling within the scope set out in Article 3ga in the preceding four monitoring years, the Member State where a ship of the shipping company has started or ended its first voyage…
− | (a) | before 1 February 2024, a list of shipping companies which performed a maritime transport activity listed in Annex I that fell within the scope set out in Article 3ga on or with effect from 1 January 2024, specifying the administering authority in respect of a shipping company in accordance …
− | (b) | before 1 February 2026 and every two years thereafter, an updated list to reattribute shipping companies registered in a Member State to another administering authority in respect of a shipping company if they changed the Member State of registration within the Union in accordance with parag…
− | (c) | before 1 February 2028 and every four years thereafter, an updated list to reattribute shipping companies that are not registered in a Member State to another administering authority in respect of a shipping company in accordance with paragraph 1, point (b), of this Article. |
− | (a) | its ambition in light of the objectives of the Paris Agreement; |
− | (b) | its overall environmental integrity, including in comparison with the provisions of this Directive covering maritime transport; and |
− | (c) | any issue related to the coherence between the EU ETS and that measure. |
+ (8) Article 3h is replaced by the following: ‘Article 3h Scope The provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of activities listed in Annex I other than aviation activities and maritime transport activities.’
− | (8) | Article 3h is replaced by the following:‘Article 3hScopeThe provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of activities listed in Annex I other than aviation activities and maritime transport activities.’; |
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+ (9) in Article 6(2), point (e) is replaced by the following: ‘(e) an obligation to surrender allowances equal to the total emissions of the installation in each calendar year, as verified in accordance with Article 15, by the deadline laid down in Article 12(3).’;
− | (9) | in Article 6(2), point (e) is replaced by the following:‘(e)an obligation to surrender allowances equal to the total emissions of the installation in each calendar year, as verified in accordance with Article 15, by the deadline laid down in Article 12(3).’; |
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− | ‘(e) | an obligation to surrender allowances equal to the total emissions of the installation in each calendar year, as verified in accordance with Article 15, by the deadline laid down in Article 12(3).’; |
+ (10) Article 8 is replaced by the following: ‘Article 8 Coordination with Directive 2010/75/EU Member States shall take the necessary measures to ensure that, where installations carry out activities that are included in Annex I to Directive 2010/75/EU, the conditions and procedure for the issue of …
− | (10) | Article 8 is replaced by the following:‘Article 8Coordination with Directive 2010/75/EUMember States shall take the necessary measures to ensure that, where installations carry out activities that are included in Annex I to Directive 2010/75/EU, the conditions and procedure for the issue of…
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+ (11) in Article 9, the following paragraphs are added: ‘In 2024, the Union-wide quantity of allowances shall be decreased by 90 million allowances. In 2026, the Union-wide quantity of allowances shall be decreased by 27 million allowances. In 2024, the Union-wide quantity of allowances shall be incr…
− | (11) | in Article 9, the following paragraphs are added: ‘In 2024, the Union-wide quantity of allowances shall be decreased by 90 million allowances. In 2026, the Union-wide quantity of allowances shall be decreased by 27 million allowances. In 2024, the Union-wide quantity of allowances shall be …
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+ (12) Article 10 is amended as follows: (a) in paragraph 1, the third subparagraph is replaced by the following: ‘2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States…
− | (12) | Article 10 is amended as follows:(a)in paragraph 1, the third subparagraph is replaced by the following: ‘2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member Stat…
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− | (a) | in paragraph 1, the third subparagraph is replaced by the following: ‘2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States (the ‘beneficiary Member States’) …
− | (b) | in paragraph 3, first subparagraph, the introductory part is replaced by the following:‘3. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 2 of this Article, except for the revenues established as own resources in accorda…
− | (c) | in paragraph 3, first subparagraph, points (b) to (f) are replaced by the following:‘(b)to develop renewable energies and grids for electricity transmission to meet the commitment of the Union to renewable energies and the Union targets on interconnectivity, as well as to develop other techn…
− | ‘(b) | to develop renewable energies and grids for electricity transmission to meet the commitment of the Union to renewable energies and the Union targets on interconnectivity, as well as to develop other technologies that contribute to the transition to a safe and sustainable low-carbon economy,…
− | (c) | measures to avoid deforestation and support the protection and restoration of peatland, forests and other land-based ecosystems or marine-based ecosystems, including measures that contribute to the protection, restoration and better management thereof, in particular as regards marine-protect…
− | (d) | forestry and soil sequestration in the Union; |
− | (e) | the environmentally safe capture and geological storage of CO2, in particular from solid fossil fuel power stations and a range of industrial sectors and subsectors, including in third countries, and innovative technological carbon removal methods, such as direct air capture and storage; |
− | (f) | to invest in and accelerate the shift to forms of transport which contribute significantly to the decarbonisation of the sector, including the development of climate-friendly passenger and freight rail transport and bus services and technologies, measures to decarbonise the maritime sector, …
− | (d) | in paragraph 3, first subparagraph, point (h) is replaced by the following:‘(h)measures intended to improve energy efficiency, district heating systems and insulation, to support efficient and renewable heating and cooling systems, or to support the deep and staged deep renovation of buildin…
− | ‘(h) | measures intended to improve energy efficiency, district heating systems and insulation, to support efficient and renewable heating and cooling systems, or to support the deep and staged deep renovation of buildings in accordance with Directive 2010/31/EU of the European Parliament and of t…
− | (e) | in paragraph 3, first subparagraph, the following points are inserted:‘(ha)to provide financial support to address social aspects in lower- and middle-income households, including by reducing distortive taxes, and targeted reductions of duties and charges for renewable electricity;(hb)to fin…
− | ‘(ha) | to provide financial support to address social aspects in lower- and middle-income households, including by reducing distortive taxes, and targeted reductions of duties and charges for renewable electricity; |
− | (hb) | to finance national climate dividend schemes with a proven positive environmental impact as documented in the annual report referred to in Article 19(2) of Regulation (EU) 2018/1999 of the European Parliament and of the Council(*9). |
− | (f) | in paragraph 3, first subparagraph, point (k) is replaced by the following:‘(k)to promote skill formation and reallocation of labour in order to contribute to a just transition to a climate-neutral economy, in particular in regions most affected by the transition of jobs, in close coordinati…
− | ‘(k) | to promote skill formation and reallocation of labour in order to contribute to a just transition to a climate-neutral economy, in particular in regions most affected by the transition of jobs, in close coordination with the social partners, and to invest in upskilling and reskilling of wor…
− | (l) | to address any residual risk of carbon leakage in the sectors covered by Annex I to Regulation (EU) 2023/956 of the European Parliament and of the Council(*10), supporting the transition and promoting their decarbonisation in accordance with State aid rules. |
− | (g) | in paragraph 3, the following subparagraph is inserted after the first subparagraph: ‘When determining the use of revenues generated from the auctioning of the allowances, Member States shall take into account the need to continue scaling up international climate finance in vulnerable third …
− | (h) | in paragraph 3, the second subparagraph is replaced by the following: ‘Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regul…
− | (i) | in paragraph 3, the third subparagraph is replaced by the following: ‘Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Article 19(2) of Regulation (EU) 2018/1999, specifying, where relevant a…
− | (j) | in paragraph 4, the first subparagraph is replaced by the following: ‘The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Directive to supplement this Directive concerning the timing, administration and other aspects of auctioning, including modalities f…
− | (k) | paragraph 5 is replaced by the following:‘5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market and on other relevant climate and energy policies…
− | (l) | the following paragraph is added:‘6. ESMA shall regularly monitor the integrity and transparency of the European carbon market, in particular with regard to market volatility and price evolution, the operation of the auctions, trading operations on the market for emission allowances and deri…
+ (13) Article 10a is amended as follows: (a) paragraph 1 is amended as follows: (i) the following subparagraphs are inserted after the second subparagraph: ‘If an installation is covered by the obligation to conduct an energy audit or to implement a certified energy management system under Article 8 …
− | (13) | Article 10a is amended as follows:(a)paragraph 1 is amended as follows:(i)the following subparagraphs are inserted after the second subparagraph: ‘If an installation is covered by the obligation to conduct an energy audit or to implement a certified energy management system under Article 8 …
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− | (a) | paragraph 1 is amended as follows:(i)the following subparagraphs are inserted after the second subparagraph: ‘If an installation is covered by the obligation to conduct an energy audit or to implement a certified energy management system under Article 8 of Directive 2012/27/EU of the Europea…
− | (i) | the following subparagraphs are inserted after the second subparagraph: ‘If an installation is covered by the obligation to conduct an energy audit or to implement a certified energy management system under Article 8 of Directive 2012/27/EU of the European Parliament and of the Council(*14) …
− | (ii) | the third subparagraph is replaced by the following: ‘For each sector and subsector, in principle, the benchmark shall be calculated for products rather than for inputs, in order to maximise greenhouse gas emission reductions and energy efficiency savings throughout each production process …
− | (b) | the following paragraph is inserted:‘1a. Subject to the application of Regulation (EU) 2023/956, no free allocation shall be given in relation to the production of goods listed in Annex I to that Regulation.By way of derogation from the first subparagraph of this paragraph, for the first yea…
− | (c) | paragraph 2 is amended as follows:(i)in the third subparagraph, point (c) is replaced by the following:‘(c)For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) of this subparagraph, taking into account point (e) of thi…
− | (i) | in the third subparagraph, point (c) is replaced by the following:‘(c)For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) of this subparagraph, taking into account point (e) of this subparagraph, on the basis of infor…
− | ‘(c) | For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) of this subparagraph, taking into account point (e) of this subparagraph, on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 a…
− | (ii) | in the third subparagraph, the following points are added:‘(d)Where the annual reduction rate exceeds 2,5 % or is below 0,3 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two per…
− | ‘(d) | Where the annual reduction rate exceeds 2,5 % or is below 0,3 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 200…
− | (e) | For the period from 2026 to 2030, the annual reduction rate for the product benchmark for hot metal shall not be affected by the change of benchmark definitions and system boundaries applicable pursuant to paragraph 1, eighth subparagraph.’; |
− | (iii) | the fourth subparagraph is replaced by the following: ‘By way of derogation regarding the benchmark values for aromatics and syngas, those benchmark values shall be adjusted by the same percentage as the refineries benchmarks in order to preserve a level playing field for producers of thos…
− | (d) | paragraphs 3 and 4 are deleted; |
− | (e) | paragraph 5 is replaced by the following:‘5. In order to respect the auctioning share set out in Article 10, for every year in which the sum of free allocations does not reach the maximum amount that respects the auctioning share, the remaining allowances up to that amount shall be used to p…
− | (f) | in paragraph 6, the first subparagraph is replaced by the following: ‘Member States should adopt financial measures in accordance with the second and fourth subparagraphs of this paragraph in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to signifi…
− | (g) | in paragraph 7, the second subparagraph is replaced by the following: ‘From 2021, allowances that, pursuant to paragraphs 19, 20 and 22, are not allocated to installations shall be added to the amount of allowances set aside in accordance with the first subparagraph, first sentence, of this …
− | (h) | paragraph 8 is replaced by the following:‘8. 345 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 80 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulti…
− | (i) | the following paragraphs are inserted:‘8a. For CDs and CCDs awarded upon conclusion of a competitive bidding mechanism, appropriate coverage through budgetary commitments resulting from the proceeds of auctioning of allowances available in the Innovation Fund shall be provided and those budg…
− | (j) | paragraph 19 is replaced by the following:‘19. No free allocation shall be given to an installation that has ceased operating. Installations for which the greenhouse gas emissions permit has expired or has been withdrawn and installations for which the operation or resumption of operation is…
− | (k) | the following paragraph is added:‘22. Where corrections to free allocations granted pursuant to Article 11(2) are necessary, such corrections shall be carried out with allowances from, or by adding allowances to, the amount of allowances set aside in accordance with paragraph 7 of this Artic…
+ (14) in Article 10b(4), the following subparagraphs are added: ‘In a Member State where, on average in the years from 2014 to 2018, its share of emissions from district heating of the Union total of such emissions, divided by that Member State’s share of GDP of the Union’s total GDP, is greater than…
− | (14) | in Article 10b(4), the following subparagraphs are added: ‘In a Member State where, on average in the years from 2014 to 2018, its share of emissions from district heating of the Union total of such emissions, divided by that Member State’s share of GDP of the Union’s total GDP, is greater …
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− | (a) | measures and investments to reach climate neutrality by 2050 at installation or company level, excluding the use of carbon offset credits; |
− | (b) | intermediate targets and milestones to measure, by 31 December 2025 and by 31 December of each fifth year thereafter, progress made towards reaching climate neutrality as set out in point (a) of this subparagraph; |
− | (c) | an estimate of the impact of each of the measures and investments referred to in point (a) of this subparagraph as regards the reduction of greenhouse gas emissions. |
+ (15) in Article 10c, paragraph 7 is replaced by the following: **‘7.** Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocati…
− | (15) | in Article 10c, paragraph 7 is replaced by the following:‘7. Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocatio…
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+ (16) the following article is inserted: ‘Article 10ca Earlier deadline for transitional free allocation for the modernisation of the energy sector By way of derogation from Article 10c, the Member States concerned may only give transitional free allocation to installations in accordance with that Ar…
− | (16) | the following article is inserted:‘Article 10caEarlier deadline for transitional free allocation for the modernisation of the energy sectorBy way of derogation from Article 10c, the Member States concerned may only give transitional free allocation to installations in accordance with that A…
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− | (a) | be added to the total quantity of allowances that the Member State concerned is to auction pursuant to Article 10(2); or |
− | (b) | be used to support investments within the framework of the Modernisation Fund referred to in Article 10d, in accordance with the rules applicable to the revenue from allowances referred to in Article 10d(4). |
+ (17) Article 10d is amended as follows: (a) paragraph 1 is replaced by the following: **‘1.** A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency shall be establ…
− | (17) | Article 10d is amended as follows:(a)paragraph 1 is replaced by the following:‘1. A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency shall be establish…
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− | (a) | paragraph 1 is replaced by the following:‘1. A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency shall be established for the period from 2021 to 2030 (t…
− | (b) | paragraph 2 is replaced by the following:‘2. At least 80 % of the revenue from allowances referred to in Article 10(1), third subparagraph, and from allowances covered by a notification pursuant to paragraph 4 of this Article, and at least 90 % of the revenue from allowances referred to in A…
− | (a) | the generation and use of electricity from renewable sources, including renewable hydrogen; |
− | (b) | heating and cooling from renewable sources; |
− | (c) | the reduction of overall energy use through energy efficiency, including in industry, transport, buildings, agriculture and waste; |
− | (d) | energy storage and the modernisation of energy networks, including demand-side management, district heating pipelines, grids for electricity transmission, the increase of interconnections between Member States and infrastructure for zero-emission mobility; |
− | (e) | support for low-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systems; and |
− | (f) | a just transition in carbon-dependent regions in the beneficiary Member States, so as to support the redeployment, reskilling and up-skilling of workers, education, job-seeking initiatives and start-ups, in dialogue with civil society and social partners, in a manner that is consistent with …
− | (c) | paragraph 11 is replaced by the following:‘11. The investment committee shall report annually to the Commission on experience with the evaluation of investments, in particular in terms of emission reductions and abatement costs. By 31 December 2024, taking into consideration the findings of …
+ (18) the following article is inserted: ‘Article 10f “Do no significant harm” principle From 1 January 2025, the beneficiary Member States and the Commission shall use the revenues generated from the auctioning of allowances destined for the Innovation Fund pursuant to Article 10a(8) of this Directi…
− | (18) | the following article is inserted:‘Article 10f“Do no significant harm” principleFrom 1 January 2025, the beneficiary Member States and the Commission shall use the revenues generated from the auctioning of allowances destined for the Innovation Fund pursuant to Article 10a(8) of this Direct…
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+ (19) in Article 11(2), the date ‘28 February’ is replaced by ‘30 June’;
− | (19) | in Article 11(2), the date ‘28 February’ is replaced by ‘30 June’; |
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+ (20) the title of Chapter IV is replaced by the following: ‘Provisions Applying to Aviation, Maritime Transport and Stationary Installations’;
− | (20) | the title of Chapter IV is replaced by the following: ‘Provisions Applying to Aviation, Maritime Transport and Stationary Installations’; |
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+ (21) Article 12 is amended as follows: (a) paragraph 2 is replaced by the following: **‘2.** Member States shall ensure that allowances issued by a competent authority of another Member State are recognised for the purpose of meeting an operator’s, an aircraft operator’s or a shipping company’s obli…
− | (21) | Article 12 is amended as follows:(a)paragraph 2 is replaced by the following:‘2. Member States shall ensure that allowances issued by a competent authority of another Member State are recognised for the purpose of meeting an operator’s, an aircraft operator’s or a shipping company’s obligat…
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− | (a) | paragraph 2 is replaced by the following:‘2. Member States shall ensure that allowances issued by a competent authority of another Member State are recognised for the purpose of meeting an operator’s, an aircraft operator’s or a shipping company’s obligations under paragraph 3.’; |
− | (b) | paragraph 2a is deleted; |
− | (c) | paragraph 3 is replaced by the following:‘3. The Member States, administering Member States and administering authorities in respect of a shipping company shall ensure that, by 30 September each year:(a)the operator of each installation surrenders a number of allowances that is equal to the …
− | (a) | the operator of each installation surrenders a number of allowances that is equal to the total emissions from that installation during the preceding calendar year, as verified in accordance with Article 15; |
− | (b) | each aircraft operator surrenders a number of allowances that is equal to its total emissions during the preceding calendar year, as verified in accordance with Article 15; |
− | (c) | each shipping company surrenders a number of allowances that is equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3ge. |
− | (d) | the following paragraphs are inserted after paragraph 3:‘3-e. By way of derogation from paragraph 3, first subparagraph, point (c), shipping companies may surrender 5 % fewer allowances than their verified emissions released until 31 December 2030 from ice-class ships, provided that such shi…
− | (e) | paragraph 3-a is replaced by the following:‘3-a. Where necessary, and for as long as is necessary, in order to protect the environmental integrity of the EU ETS, operators, aircraft operators, and shipping companies in the EU ETS shall be prohibited from using allowances that are issued by a…
− | (f) | the following paragraph is inserted:‘3b. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised in such a way that they have become permanently chemically bound in a product so that they do not…
− | (g) | paragraph 4 is replaced by the following:‘4. Member States shall take the necessary steps to ensure that allowances are cancelled at any time at the request of the person holding them. In the event of closure of electricity generation capacity in their territory due to additional national me…
+ (22) in Article 14(1), the first subparagraph is replaced by the following: ‘The Commission shall adopt implementing acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I to this Directive, an…
− | (22) | in Article 14(1), the first subparagraph is replaced by the following: ‘The Commission shall adopt implementing acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I to this Directive…
− | --- | --- |
+ (23) Article 16 is amended as follows: (a) paragraph 2 is replaced by the following: **‘2.** Member States shall ensure the publication of the names of operators, aircraft operators and shipping companies that are in breach of requirements to surrender sufficient allowances under this Directive.’ ; …
− | (23) | Article 16 is amended as follows:(a)paragraph 2 is replaced by the following:‘2. Member States shall ensure the publication of the names of operators, aircraft operators and shipping companies that are in breach of requirements to surrender sufficient allowances under this Directive.’;(b)in…
− | --- | --- |
− | (a) | paragraph 2 is replaced by the following:‘2. Member States shall ensure the publication of the names of operators, aircraft operators and shipping companies that are in breach of requirements to surrender sufficient allowances under this Directive.’; |
− | (b) | in paragraph 3, the date ‘30 April’ is replaced by ‘30 September’; |
− | (c) | the following paragraph is inserted:‘3a. The penalties set out in paragraph 3 shall also apply in respect of shipping companies.’; |
− | (d) | the following paragraph is inserted:‘11a. In the case of a shipping company that has failed to comply with the surrender obligations for two or more consecutive reporting periods, and where other enforcement measures have failed to ensure compliance, the competent authority of the Member Sta…
+ (24) Article 18b is replaced by the following: ‘Article 18b Assistance from the Commission, EMSA and other relevant organisations **1.** For the purposes of carrying out its obligations under Article 3c(4) and Articles 3g, 3gd, 3ge, 3gf, 3gg and 18a, the Commission, the administering Member State an…
− | (24) | Article 18b is replaced by the following:‘Article 18bAssistance from the Commission, EMSA and other relevant organisations1. For the purposes of carrying out its obligations under Article 3c(4) and Articles 3g, 3gd, 3ge, 3gf, 3gg and 18a, the Commission, the administering Member State and a…
− | --- | --- |
+ (25) Article 23 is amended as follows: (a) paragraphs 2 and 3 are replaced by the following: **‘2.** The power to adopt delegated acts referred to in Article 3c(6), Article 3d(3), Article 10(4), Article 10a(1), (8) and (8a), Article 10b(5), Article 12(3b), Article 19(3), Article 22, Article 24(3), A…
− | (25) | Article 23 is amended as follows:(a)paragraphs 2 and 3 are replaced by the following:‘2. The power to adopt delegated acts referred to in Article 3c(6), Article 3d(3), Article 10(4), Article 10a(1), (8) and (8a), Article 10b(5), Article 12(3b), Article 19(3), Article 22, Article 24(3), Arti…
− | --- | --- |
− | (a) | paragraphs 2 and 3 are replaced by the following:‘2. The power to adopt delegated acts referred to in Article 3c(6), Article 3d(3), Article 10(4), Article 10a(1), (8) and (8a), Article 10b(5), Article 12(3b), Article 19(3), Article 22, Article 24(3), Article 24a(1), Article 25a(1), Article 2…
− | (b) | paragraph 6 is replaced by the following:‘6. A delegated act adopted pursuant to Article 3c(6), Article 3d(3), Article 10(4), Article 10a(1), (8) or (8a), Article 10b(5), Article 12(3b), Article 19(3), Article 22, Article 24(3), Article 24a(1), Article 25a(1), Article 28c or Article 30j(1) s…
+ (26) Article 29 is replaced by the following: ‘Article 29 Report to ensure the better functioning of the carbon market If the regular reports on the carbon market referred to in Article 10(5) and (6) contain evidence that the carbon market is not functioning properly, the Commission shall within a p…
− | (26) | Article 29 is replaced by the following:‘Article 29Report to ensure the better functioning of the carbon marketIf the regular reports on the carbon market referred to in Article 10(5) and (6) contain evidence that the carbon market is not functioning properly, the Commission shall within a …
− | --- | --- |
+ (27) Article 29a is replaced by the following: ‘Article 29a Measures in the event of excessive price fluctuations **1.** If the average allowance price for the six preceding calendar months is more than 2,4 times the average allowance price for the preceding two-year reference period, 75 million all…
− | (27) | Article 29a is replaced by the following:‘Article 29aMeasures in the event of excessive price fluctuations1. If the average allowance price for the six preceding calendar months is more than 2,4 times the average allowance price for the preceding two-year reference period, 75 million allowa…
− | --- | --- |
+ (28) Article 30 is amended as follows: (a) paragraph 1 is replaced by the following: **‘1.** This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement, and of any relevant commitments resulti…
− | (28) | Article 30 is amended as follows:(a)paragraph 1 is replaced by the following:‘1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement, and of any relevant commitments resulting …
− | --- | --- |
− | (a) | paragraph 1 is replaced by the following:‘1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement, and of any relevant commitments resulting from the Conferences of the Parties t…
− | (b) | paragraph 2 is replaced by the following:‘2. The measures to support certain energy-intensive industries that may be subject to carbon leakage referred to in Articles 10a and 10b of this Directive shall also be kept under review in the light of climate policy measures in other major economie…
− | (c) | paragraph 3 is replaced by the following:‘3. The Commission shall report to the European Parliament and to the Council in the context of each global stocktake agreed under the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of necessa…
− | (d) | the following paragraphs are added:‘5. By 31 July 2026, the Commission shall report to the European Parliament and to the Council on the following matters, accompanied, where appropriate, by a legislative proposal and impact assessment:(a)how negative emissions resulting from greenhouse gase…
− | (a) | how negative emissions resulting from greenhouse gases that are removed from the atmosphere and safely and permanently stored could be accounted for and how those negative emissions could be covered by emissions trading, if appropriate, including a clear scope and strict criteria for such co…
− | (b) | the feasibility of lowering the 20 MW total rated thermal input thresholds for the activities in Annex I from 2031; |
− | (c) | whether all greenhouse gas emissions covered by this Directive are effectively accounted for, and whether double counting is effectively avoided; in particular, it shall assess the accounting of the greenhouse gas emissions which are considered to have been captured and utilised in a product…
+ (29) the following Chapter is inserted after Article 30: ‘Chapter IVa Emissions Trading System for Buildings, Road Transport and additional Sectors Article 30a Scope The provisions of this Chapter shall apply to emissions, greenhouse gas emissions permits, the issue and surrender of allowances, moni…
− | (29) | the following Chapter is inserted after Article 30: ‘Chapter IVaEmissions Trading System for Buildings, Road Transport and additional SectorsArticle 30aScopeThe provisions of this Chapter shall apply to emissions, greenhouse gas emissions permits, the issue and surrender of allowances, moni…
− | --- | --- |
− | (a) | the regulated entity; |
− | (b) | the type of fuels it releases for consumption and which are used for combustion in the sectors referred to in Annex III and the means through which it releases those fuels for consumption; |
− | (c) | the end use or end uses of the fuels released for consumption for the activity referred to in Annex III; |
− | (d) | the measures planned to monitor and report emissions, in accordance with the implementing acts referred to in Articles 14 and 30f; |
− | (e) | a non-technical summary of the information referred to in points (a) to (d) of this paragraph. |
− | (a) | the name and address of the regulated entity; |
− | (b) | a description of the means by which the regulated entity releases the fuels for consumption in the sectors covered by this Chapter; |
− | (c) | a list of the fuels the regulated entity releases for consumption in the sectors covered by this Chapter; |
− | (d) | a monitoring plan that fulfils the requirements established by the implementing acts referred to in Article 14; |
− | (e) | reporting requirements established by the implementing acts referred to in Article 14; |
− | (f) | an obligation to surrender allowances issued under this Chapter, equal to the total emissions in each calendar year, as verified in accordance with Article 15, by the deadline laid down in Article 30e(2). |
− | (a) | for 2026, EUR 4 000 000 000; |
− | (b) | for 2027, EUR 10 900 000 000; |
− | (c) | for 2028, EUR 10 500 000 000; |
− | (d) | for 2029, EUR 10 300 000 000; |
− | (e) | for 2030, EUR 10 100 000 000; |
− | (f) | for 2031, EUR 9 800 000 000; |
− | (g) | for 2032, EUR 9 400 000 000. |
− | (a) | for 2028, EUR 11 400 000 000; |
− | (b) | for 2029, EUR 10 300 000 000; |
− | (c) | for 2030, EUR 10 100 000 000; |
− | (d) | for 2031, EUR 9 800 000 000; |
− | (e) | for 2032, EUR 9 000 000 000. |
− | (a) | measures intended to contribute to the decarbonisation of heating and cooling of buildings or to the reduction of the energy needs of buildings, including the integration of renewable energies and related measures in accordance with Article 7(11) and Articles 12 and 20 of Directive 2012/27/E…
− | (b) | measures intended to accelerate the uptake of zero-emission vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles, or measures to encourage a shift to public transport and improve multimodality, …
− | (c) | to finance their Social Climate Plan in accordance with Article 15 of Regulation (EU) 2023/955; |
− | (d) | to provide financial compensation to the final consumers of fuels in cases where it has not been possible to avoid double counting of emissions or where allowances have been surrendered for emissions not covered by this Chapter as referred to in Article 30f(5).Member States shall be deemed t…
− | (a) | any reference to emissions shall be read as if it were a reference to the emissions covered by this Chapter; |
− | (b) | any reference to operators of installations shall be read as if it were a reference to the regulated entities covered by this Chapter; |
− | (c) | any reference to allowances shall be read as if it were a reference to the allowances covered by this Chapter. |
− | (a) | the Member State concerned notifies the Commission of that national carbon tax by 31 December 2023, and the national law setting the tax rates applicable for the years 2027 to 2030 has, by that date, entered into force; the Member State concerned shall notify the Commission of any subsequent…
− | (b) | for the reference year, the national carbon tax of the Member State concerned effectively paid by that regulated entity is higher than the average auction clearing price of the emissions trading system established under this Chapter; |
− | (c) | the regulated entity fully complies with the obligations under Article 30b on greenhouse emissions permits and Article 30f on monitoring, reporting and verification of its emissions; |
− | (d) | the Member State concerned notifies the Commission of the application of any such exemption and the corresponding amount of allowances to be cancelled in accordance with point (g) of this subparagraph and the delegated acts adopted pursuant to Article 10(4), by 31 May of the year after the r…
− | (e) | the Commission does not raise an objection to the application of the derogation on the ground that the measure notified is not in conformity with the conditions set out in this paragraph, within three months of a notification under point (a) of this subparagraph or within one month of the no…
− | (f) | the Member State concerned does not auction the amount of allowances referred to in Article 30d(5) for a particular reference year until the amount of allowances to be cancelled under this paragraph is determined in accordance with point (g) of this subparagraph; the Member State concerned s…
− | (g) | the Member State concerned cancels an amount of allowances from the total quantity of allowances to be auctioned by it, referred to in Article 30d(5), for the reference year, which is equal to the verified emissions of that regulated entity under this Chapter for the reference year; where th…
− | (h) | the Member State concerned commits, at the time of the first notification under point (a) of this subparagraph, to using for one or more of the measures listed or referred to in Article 30d(6), first subparagraph, an amount equivalent to the revenues to which Article 30d(6) would have applie…
− | (a) | any reference to emissions shall be read as if it were a reference to the emissions covered by this Chapter; |
− | (b) | any reference to an activity listed in Annex I shall be read as if it were a reference to the activity referred to in Annex III; |
− | (c) | any reference to operators shall be read as if it were a reference to the regulated entities covered by this Chapter; |
− | (d) | any reference to allowances shall be read as if it were a reference to the allowances covered by this Chapter; |
− | (e) | the reference to the date in Article 15 shall be read as if it were a reference to 30 April. |
− | (a) | any reference to emissions shall be read as if it were a reference to emissions covered by this Chapter; |
− | (b) | any reference to operators shall be read as if it were a reference to regulated entities covered by this Chapter; |
− | (c) | any reference to allowances shall be read as if it were a reference to the allowances covered by this Chapter. |
− | (a) | the average TTF gas price for the six calendar months ending 30 June 2026 was higher than the average TTF gas price in February and March 2022; |
− | (b) | the average Brent crude oil price for the six calendar months ending 30 June 2026 was more than twice the average Brent crude oil price during the five preceding years; the five-year reference period shall be the five-year period that ends before the first month of the period of six calendar…
− | (a) | by way of derogation from Article 30c(1), the first year for which the Union-wide quantity of allowances is established shall be 2028 and, by way of derogation from Article 30c(3), the first year for which the Union-wide quantity of allowances is adjusted shall be 2029; |
− | (b) | by way of derogation from Article 30d(1) and (2), the start of auctioning of allowances under this Chapter shall be postponed to 2028; |
− | (c) | by way of derogation from Article 30d(2), the additional amount of allowances for the first year of auctions shall be deducted from the auction volumes for the period from 2030 to 2032 and the initial holdings in the market stability reserve shall be created in 2028; |
− | (d) | by way of derogation from Article 30e(2), the deadline for initial surrendering of allowances shall be put back to 31 May 2029 for total emissions in the year 2028; |
− | (e) | by way of derogation from Article 30i, the deadline for the Commission to report to the European Parliament and to the Council shall be put back to 1 January 2029. |
+ (30) the following Chapter is inserted: ‘Chapter IVb Scientific Advice and Visibility of Funding Article 30l Scientific advice The European Scientific Advisory Board on Climate Change (the ‘Advisory Board’) established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and o…
− | (30) | the following Chapter is inserted: ‘Chapter IVbScientific Advice and Visibility of FundingArticle 30lScientific adviceThe European Scientific Advisory Board on Climate Change (the ‘Advisory Board’) established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and o…
− | --- | --- |
− | (a) | the need for additional Union policies and measures to ensure compliance with the objectives and targets referred to in Article 30(3) of this Directive; |
− | (b) | the need for additional Union policies and measures in view of agreements on global measures within ICAO to reduce the climate impact of aviation, and of the ambition and environmental integrity of the global market-based measure of the IMO referred to in Article 3gg of this Directive. |
− | (a) | ensuring that the beneficiaries of such funding acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the projects and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, in…
− | (b) | ensuring that the recipients of such funding use an appropriate label that reads ‘(co-)funded by the EU Emissions Trading System (the Innovation Fund)’, as well as the emblem of the Union and the amount of funding; where the use of that label is not feasible, the Innovation Fund shall be men…
+ (31) Annexes I, IIb, IV and V to Directive 2003/87/EC are amended in accordance with Annex I to this Directive, and Annexes III and IIIa are inserted in Directive 2003/87/EC as set out in Annex I to this Directive.
− | (31) | Annexes I, IIb, IV and V to Directive 2003/87/EC are amended in accordance with Annex I to this Directive, and Annexes III and IIIa are inserted in Directive 2003/87/EC as set out in Annex I to this Directive. |
− | --- | --- |
+ ### Article 2 — Amendments to Decision (EU) 2015/1814
− ### art_2
− 
− Article 2
+ (1) Article 1 is amended as follows: (a) paragraph 4 is replaced by the following: **‘4.** The Commission shall publish the total number of allowances in circulation each year by 1 June of the subsequent year. The total number of allowances in circulation in a given year shall be the cumulative numb…
− | (1) | Article 1 is amended as follows:(a)paragraph 4 is replaced by the following:‘4. The Commission shall publish the total number of allowances in circulation each year by 1 June of the subsequent year. The total number of allowances in circulation in a given year shall be the cumulative number …
− | --- | --- |
− | (a) | paragraph 4 is replaced by the following:‘4. The Commission shall publish the total number of allowances in circulation each year by 1 June of the subsequent year. The total number of allowances in circulation in a given year shall be the cumulative number of allowances issued in respect of …
− | (b) | the following paragraph is inserted:‘4a. As from 2024, the calculation of the total number of allowances in circulation in any given year shall include the cumulative number of allowances issued in respect of aviation and the cumulative tonnes of verified emissions from aviation under the EU…
− | (c) | paragraphs 5 and 5a are replaced by the following:‘5. In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most rec…
− | (d) | paragraph 7 replaced by the following:‘7. In any given year, if paragraph 6 of this Article is not applicable and the condition in Article 29a(1) of Directive 2003/87/EC has been met, 75 million allowances shall be released from the reserve and added to the quantity of allowances to be aucti…
+ (2) the following Article is inserted: ‘Article 1a Operation of the market stability reserve for the buildings, road transport and additional sectors **1.** Allowances covered by Chapter IVa of Directive 2003/87/EC shall be placed in and released from a separate section of the reserve established pu…
− | (2) | the following Article is inserted:‘Article 1aOperation of the market stability reserve for the buildings, road transport and additional sectors1. Allowances covered by Chapter IVa of Directive 2003/87/EC shall be placed in and released from a separate section of the reserve established pursu…
− | --- | --- |
+ (3) Article 3 is replaced by the following: ‘Article 3 Review The Commission shall monitor the functioning of the reserve in the context of the report provided for in Article 10(5) of Directive 2003/87/EC. That report should consider relevant effects on competitiveness, in particular in the industri…
− | (3) | Article 3 is replaced by the following:‘Article 3ReviewThe Commission shall monitor the functioning of the reserve in the context of the report provided for in Article 10(5) of Directive 2003/87/EC. That report should consider relevant effects on competitiveness, in particular in the industr…
− | --- | --- |
+ ### Article 3 — Transposition
− ### art_3
+ **1.** Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive by 31 December 2023. They shall apply those measures from 1 January 2024.
− Article 3
− 
− 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive by 31 December 2023. They shall apply those measures from 1 January 2024.
+ (a) Article 1, point (3)(d), of this Directive regarding Article 3, points (ae) to (ai), of Directive 2003/87/EC as added by that point;
− | (a) | Article 1, point (3), points (ae) to (ai), of this Directive; |
− | --- | --- |
+ (b) Article 1, point (29), of this Directive with the exception of Article 30f(4) of Directive 2003/87/EC as inserted by that point; and
− | (b) | Article 1, point (29), of this Directive with the exception of Article 30f(4) of Directive 2003/87/EC as inserted by that point; and |
− | --- | --- |
+ (c) Article 1, point (31), of this Directive regarding Annexes III and IIIa to Directive 2003/87/EC as inserted by that point.
− | (c) | Article 1, point (31), of this Directive regarding Annexes III and IIIa to Directive 2003/87/EC as inserted by that point. |
− | --- | --- |
+ **2.** Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
− 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
+ ### Article 4 — Transitional provisions
− ### art_4
− 
− Article 4
+ ### Article 5 — Entry into force and application
− ### art_5
+ This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− Article 5
− 
− This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
− 
− ### art_6
+ ### Article 6 — Addressees
− Article 6