Select Committee on European Union Thirty-Third Report


CHAPTER 3: Scope

The issue

49.  In theory, an emissions trading scheme should include as wide a range of sectors and installations within its scope as possible. This chapter explores which sectors appear to be ripe for inclusion in the ETS and considers the factors that should be taken into account in future when deciding whether to extend the scope of the ETS.

Content of the Proposal

50.  The revised ETS clarifies and extends the scope of the scheme which, according to the Commission will increase the overall coverage of the EU ETS by up to 150 million tonnes of carbon dioxide, or an increase of 7.1 per cent compared to Phase 2. An important clarification is the inclusion in Article 3 of a definition of a "combustion installation". Alternative interpretations of this led to inconsistent application of the Directive across the EU in Phase 1.

51.  The new sectors to be brought within the scope of the scheme include non-ferrous metals, rock wool or stone wool, gypsum products, various petrochemicals, ammonia, soda ash and sodium bicarbonate. CO2 emissions from these new sectors will be included, as will nitrous oxide emissions from some specific petrochemicals and perfluorocarbon (PFC) emissions from the aluminium sector.

52.  Installations providing for the capture, transport and geological storage (CCS) of GHG emissions will be included in the Directive but emissions that are then captured and stored safely will not count as emissions. Consequently, installations would be able to sell their allowances back onto the market rather than surrender them to the regulatory authority at the end of the compliance period. The proceeds raised from the sale create the incentive to invest in the new technology. Carbon dioxide, methane, nitrous oxide, PFCs, hydrofluorocarbons and sulphur hexafluoride are all included as gases eligible for inclusion in the scheme under the capture, transport and storage provision.

BOX 4

Carbon Capture and Storage
Carbon dioxide capture and geological storage (CCS) involves the capture of carbon dioxide (CO2) from industrial installations, its transport to a storage site and its injection into a suitable geological formation for the purposes of permanent storage. The major application for CCS technology is to reduce CO2 emissions from fossil fuel generated power and it can also be applied to other CO2 intensive industries. CCS is at a demonstration phase, but the Commission considers that its uptake on a commercial scale is likely to begin some time around 2020, by which time all new coal-fired power stations should be built with CCS, and existing plants should progressively follow suit. The Commission is committed to stimulating the construction and operation of up to 12 demonstration plants by 2015.

53.  Aviation is also to be brought into the scope of the ETS from 1 January 2012 following the recent agreement between the European Parliament and the Council[38]. The existing provision allowing for the unilateral inclusion of additional activities and gases by Member States is unchanged.

54.  As far as the sectors excluded from the proposal are concerned, the Commission is insistent that the ETS should only extend to emissions which are capable of being monitored, reported and verified accurately. For this reason shipping, road transport, agriculture and forestry are not included, although shipping in particular may be included at a later stage following a "fully fledged dedicated impact assessment"[39].

55.  The revised scheme aims to reduce administrative costs by allowing small emitters to be subject to alternative measures as such businesses are responsible for a very small proportion of total emissions. Currently, the scheme is limited to combustion installations with over 20MW of rated thermal input but this will now be combined with a de minimis threshold allowing businesses emitting less than 10,000 tonnes of carbon dioxide per year and with a rated thermal input of less than 25MW to be excluded from the scheme.

56.  Small emitters and emitters in sectors excluded from the ETS will be subject to alternative GHG emissions reduction measures. According to the proposal relating to non-ETS sectors (the "burden-sharing" proposal[40]), efforts in those sectors should contribute a 10 per cent reduction in emissions across the EU by 2020 compared to 2005, with each Member State responsible for different levels of effort. The United Kingdom is required to reduce its emissions from non-ETS sectors by 16 per cent. Reductions can be achieved by EU-level or national-level measures such as the UK's Carbon Reduction Commitment (CRC). This is a new domestic climate change and energy saving carbon trading scheme covering around 5,000 large business and public sector organisations[41].

Overall Scope

57.  A DEFRA official explained that "the ultimate aim is to have a global carbon market", including as many sectors as possible in order that "the emissions reductions are done at the least cost in the most economically efficient manner" (Q 90). He indicated, however, that further analysis was required, noting that "if you include a big sector like transport or forestry it will have an impact on the price of allowances in the ETS" (Q 95).

58.  The Environmental Industries Commission (EIC) recognised that "a central principle of emissions trading is that it allows for required carbon savings to be achieved in the most cost-efficient way" but that "for this to be the case the EU ETS must include as many sectors as is practical" (Memorandum, para.2). Similarly, the CBI explained that "the broader the scope of an emissions trading scheme (both in terms of sectors and gases included), the more effective the scheme should be in identifying and realising the most cost-effective abatement opportunities" (Position Paper, p.3).

Exclusion of agriculture and forestry

59.  Most of our witnesses, including the Environment Agency (EA), WWF, 4cmr, RSPB and the Scottish Executive agreed that agriculture and forestry should not be included in the ETS at this stage, emphasising that further work was required on monitoring, reporting and verification (EA Memorandum, para. 3.2.3; WWF Memorandum, para. 2; 4cmr Memorandum, para.2; RSPB Memorandum, para. 2.2 and Scottish Executive Memorandum, p.176). The Aluminium Federation shared the view that agriculture and forestry should be excluded but differed in its reasoning, arguing that these sectors should not be included because "the costs of abatement … are not comparable to those of an industrial installation" (Memorandum, para.2).

60.  By contrast to most witnesses, the New Zealand government took the view that agriculture and forestry could be included in the EU ETS, pointing out that those sectors were to be included in New Zealand's emissions trading scheme (Memorandum, para. 14). On behalf of the New Zealand Treasury, Mr John Scott explained that their inclusion in the New Zealand scheme was driven by the fact that they account for around 70 per cent of the country's GHG emissions (Q 345). This contrasts with the UK where, according to DEFRA[42], the agriculture, forestry and land management sector accounted for around 7 per cent of GHG emissions in 2004, with a particularly high concentration of nitrous oxide and methane emissions.

61.  Forestry is being integrated into the New Zealand scheme from 2008 and its emissions are assessed on the basis of change in land area (deforestation and afforestation), and average growth rates. Mr Scott considered that this basis for assessment "is giving a pretty powerful economic signal and is certainly driving behaviour now" (Q 345). Agriculture would not be included in the scheme until 2013 and the precise design was still being finalised, but emissions were likely to be assessed largely at a processor level, rather than at the individual farm level (Q 345). Mr David Brash of the New Zealand Environment Ministry noted that there would be significant compliance costs if the scheme were to be applied at the farm level as there were 30,000 farms compared to 100 processors (Q 348).

62.  DEFRA indicated that the UK Government was undertaking analysis on the inclusion of agriculture, taking into account the New Zealand approach (Q 92). Officials warned, however, that, "you have to avoid creating an incentive whereby you reduce the number of cows and sheep in our fields but we import more meat and lamb" (Q 109).

Exclusion of Road Transport and Shipping

63.  The Environment Agency suggested that the inclusion of road transport and shipping in the ETS should be subject to further analysis, including an assessment of the administrative cost in comparison to alternative measures to cut emissions (Memorandum, para. 3.2.5). The CBI was more sceptical about bringing both shipping and surface transport in. It considered that the ETS had gone as far as it could and that "it might be better for some of the other sectors to work on other policy measures", such as the Carbon Reduction Commitment in the UK (Q 160).

64.  Greenpeace UK and the Environmental Industries Commission (EIC) supported the inclusion of shipping (Q 44 and EIC Memorandum, para.2) but Greenpeace considered that other legislation, such as the draft Regulation on CO2 emissions reductions from new passenger cars[43], was the more appropriate tool to deal with emissions from road transport (Q 45).

65.  The European Commission explained with regard to shipping that "the data is generally of very poor quality" (Q 398), with estimates of annual emissions ranging from 500 million tonnes to one billion tonnes. The Commission recognised that shipping should be included in the EU's overall emissions reduction target, whether that be within the ETS or within the non-ETS burden-sharing Decision. We were told that "the Commission sees shipping as a promising candidate to include in emissions trading" and a proposal "may come in 2010" (Q 398).

66.  EU Environment Ministers[44] concluded on 20 October 2008 that any international agreement reached in Copenhagen should include both the aviation and shipping sectors, and that there was a need for enhanced cooperation with the International Civil Aviation Organisation (ICAO) and the International Maritime Organisation (IMO) to decide on measures to control emissions in those sectors. The Commission noted that the IMO had previously been slow to act and very recently had failed to make progress (Q 398).

67.  On 7 October 2008, the European Parliament's Environment Committee took the view that shipping should be incorporated into the EU ETS from 2013 following a proposal from the European Commission accompanied by an impact assessment. In the meantime, the Committee argued that shipping should be included in the proposal on the reduction of greenhouse gases outside the ETS.[45]

Carbon capture and storage

68.  Commenting on the inclusion of Carbon Capture and Storage, DEFRA officials explained that it was generally considered that if CO2 were to be buried, the holders of the allowances for those tonnes of CO2 should not be forced to surrender them, and that this emerging technology should therefore be included (Q 94) as proposed by the Commission. Euracoal anticipated that CCS probably could not make a substantial contribution to climate protection before 2020 (Memorandum, p.162). The Confederation of UK Coal Producers (CoalPro) explained that CCS technology could not be retro-fitted to the UK's existing coal-fired power plants for efficiency reasons and, while it could be fitted to new plants, CCS would not be demonstrated commercially until 2014 (Memorandum, para.4).

69.  In its impact assessment, the European Commission considered that "recognition of CCS under the ETS will have a major impact on CCS deployment and thus on relevant research and development". The recognition of CO2 captured and stored will, according to the Commission, provide the incentive for the deployment of CCS where it is cheaper to do so than to surrender allowances.[46] The Commission emphasised in its Communication, "Supporting Early Demonstration of Sustainable Power Generation from Fossil Fuels"[47] that efforts to make CCS commercially feasible in the EU by 2020 must be supported by public policy, including investment of around €1billion on research and development.

Exclusion of small emitters

70.  There was widespread support among witnesses for the exclusion of small emitters from the scope of the scheme. 4cmr explained that this was necessary to avoid high administrative costs for governments and businesses (Memorandum, para.2). The CBI emphasised that, while small emitters should certainly be excluded, they should nonetheless be subject to a comparable domestic carbon restraint (Position Paper, p.7). Phil Woolas MP (Minister of State, DEFRA) explained that in the UK, any installation eligible for exclusion would be covered by a Climate Change Agreement[48] or the Carbon Reduction Commitment.

71.  Some witnesses considered that the threshold defining small emitters was too low. The Aluminium Federation (AlFed) and the CBI proposed that the threshold be raised from 10,000 to 50,000 tonnes of CO2 per annum (AlFed Memorandum, p.109 and CBI Position Paper, p.7). The CBI explained that this would remove 70 per cent of emitters but only five per cent of emissions from the scheme (Q 151). DEFRA officials explained that the UK Government was proposing to raise the minimum threshold to 25,000 tonnes of CO2 per annum. They noted, however, that this would be a complicated task, as the threshold would cut through the middle of some sectors and might therefore distort competition (Q 92). Business Europe agreed that the threshold should be at least 25,000 tonnes (Memorandum, para. 1).

72.  The Aluminium Federation expressed particular concern that secondary aluminium companies above the de minimis threshold would be included in the ETS. It anticipated that this would affect UK recycling operations which, according to the Aluminium Federation, should be exempted due to the energy savings of up to 95 per cent that result from recycling of aluminium compared with the production of primary aluminium (Memorandum, p.106).

Emissions reduction instruments outside the ETS

73.  The reduction of emissions in sectors outside the ETS was not a focus of our inquiry but we did receive comments on the share of emission reductions to be borne respectively by ETS and non-ETS sectors. The CBI considered that the balance "may actually be broadly appropriate for the UK" (Q 153). The British Cement Association (BCA), however, took the view that the non-traded sectors should do more to combat climate change (Memorandum, para. 8.4). Business Europe considered it "essential that the right signals are given to Member States to reduce emissions within all sectors, particularly households, where cost-effective investments can be found" (Memorandum, para. 2.6).

74.  In relation to action in the UK outside the ambit of the ETS, Mr Woolas (Minister of State, DEFRA) noted that the overall regulatory framework was to be found in the Climate Change Bill (Q 196) which, at the time of writing, was completing its passage through Parliament. The legislation sets a long-term legally binding framework for the reduction of GHG emissions in the UK. On 16 October 2008, the Secretary of State for Energy and Climate Change, the Rt Hon Ed Miliband MP, announced that the Climate Change Bill would be amended to increase the the UK's emissions reduction target from 60 per cent to 80 per cent by 2050[49].

75.  Mr Woolas argued that the Carbon Reduction Commitment (CRC—see para. 56) "will have a much bigger effect than anything else we have done" in changing the behaviour of public and private sector finance directors (Q 196). DEFRA officials explained that the CRC would complement the ETS by incentivising businesses further to use energy efficiently (Q 88).

Conclusions and Recommendations

76.  If the EU's Emissions Trading Scheme is to achieve its fundamental objective of delivering GHG reductions as cost-effectively as possible, it must eventually include as many sectors as possible. However, sectors should only be included if their emissions can be reliably monitored and verified. In view of the quality of data and methodology currently available, we support the proposed scope of the EU ETS from 2013, but recommend that this aspect of the Directive be kept under regular review.

77.  We note that the inclusion of agriculture and forestry sectors in the EU ETS may pose particular practical difficulties due to monitoring and verification problems and the large number of small enterprises involved. We nonetheless consider that these sectors have a major role to play in reducing greenhouse gas emissions, and urge both the Commission and the UK Government to accelerate work on assessing how those sectors can contribute most cost-effectively to a reduction in greenhouse gas emissions, drawing lessons from the experience of other countries.

78.  Swift action must also be taken to tackle emissions from shipping. If a sectoral agreement cannot be reached through the International Maritime Organisation in the near future, we believe that the sector's inclusion in the EU ETS should be given serious consideration, and should be delayed no further than 2013 for the largest emitters in the sector.

79.  The development of a reliable and commercially viable method of decarbonising coal is urgently necessary, as coal is likely to remain a significant—and growing—source of energy. We therefore wish to see significant investment in carbon capture and storage, to establish whether this technology could meet that need. We support the provision in the draft Directive stipulating that operators need not surrender allowances for emissions that have been captured and stored, as it should help to stimulate such investment.

80.  We accept that the de minimis emissions threshold proposed in the draft Directive may be too low, and that a large number of small emitters accounting for a relatively small proportion of overall emissions could be removed from the scope of the ETS in the interests of better regulation. We would therefore support a raising of the de minimis threshold as proposed by a number of our witnesses.

81.  We note, however, that unintended consequences may flow from a de minimis threshold, such as incentives to build smaller, possibly less efficient installations, and recommend that such effects be monitored closely and pre-empted where possible. In this respect, we welcome the Government's assurance that small installations in the UK that are excluded from the scope of the ETS will instead be covered by the Climate Change Agreement scheme or by the Carbon Reduction Commitment.

82.  We note that the UK Government is making some efforts outside of the ETS to tackle climate change but we would urge the Government to intensify its pursuit of cost-effective emissions reduction measures across the economy, particularly in sectors remaining outside the ETS such as agriculture, forestry and road transport. Emissions reductions in other parts of the economy are no less important than those within the sectors and installations covered by the ETS.


38   European Parliament legislative resolution of 8 July 2008 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community Back

39   COM(2008) 16, page 4.  Back

40   Proposal for a European Parliament and Council Decision on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020.  Back

41   http://www.defra.gov.uk/Environment/climatechange/uk/business/crc/index.htm  Back

42   http://www.defra.gov.uk/environment/climatechange/uk/agriculture/rccf/pdf/rccf-06-09.pdf Back

43   Proposal for a Regulation of the European Parliament and Council setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles. COM(2007)856, 19.12.2007  Back

44   Council Conclusions on preparations for the 14th session of the COP to the UNFCC (1-12 December 2008) http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/envir/103479.pdf Back

45   European Parliament, A6-0406/2008 Amendments 2 and 24  Back

46   SEC(2008)52, p.50 Back

47   COM(2008)13, 23.01.2008 Back

48   Climate Change Agreements allow energy intensive business users (in the UK) to receive an 80 per cent discount from the Climate Change Levy (a tax on the use of energy) in return for meeting energy efficiency or carbon saving targets.  Back

49   HC Deb 16 October 2008 cols 935-7 Back


 
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