Low-down on the new emissions caps for European countries

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Low-down on the new emissions caps for European countries A guide to the proposed EU Effort Sharing Regulations, covering emissions outside of the EU Emission Trading Scheme On the 20 th July, the European Commission published two proposals for new regulations covering emissions from sectors outside of the current cap and trade system. These include emissions from transport and heating fuels and non- CO2 gases such as methane. The first proposal focuses on the setting of binding greenhouse gas emission budgets for Member States for the period 2021-30 1 and the second on the inclusion of emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework 2. Here s our guide to what s been proposed and what to look out for as the proposals are debated over the coming months. Q: What s new compared to the current targets? General caps on emissions for Member States and across all of the EU have been in place since the start of 2008, in order to meet targets under the Kyoto Protocol. The caps under the existing Effort Sharing Decision (ESD, covering 2013-20) have consistently been above emissions, leading to a build-up of surplus emissions allowances. The new proposed Effort Sharing Regulations (ESR) include efforts to address this surplus and will require genuine effort to meet the emissions reduction targets of 30% compared to 2005 levels, as a contribution to the EU s overarching 40% reduction by 2030 from a 1990 baseline. Q: How would the proposed new regulations work? The non-ets emission budgets for individual Member States over the new period are derived from linear trajectories from a starting point to the target. MS target reductions range from 0% to 40% compared to the country s levels in 2005 and have been calculated according to a formula, taking into account the relative wealth measured by GDP per capita of individual Member States. To address the allowance surplus, the starting points for the new caps will be derived from average actual recent emissions of each Member State during 2016-18 (as shown

in Figure 1). From 2021, all Member States will be obliged to cut their emissions i, even those who were allowed to increase them under the ongoing ESD. Allowances equivalent to this linear reduction pathway will be created and held by Member States within a registry. ESD and ESR 3500 3000 Emissions [Mt CO2 eq.] 2500 2000 1500 1000 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 Year ESD cap ESD real ESR cap WEM Figure 1: Real and projected development of emissions under ESD. ESD cap shows cap for the first phase of ESD (2013-20) while ESD real describes the actual development of emissions from non-ets sectors since 2005 (baseline). WEM are projected emissions by Member States (projected with existing measures). ESR cap shows expected cap for 2021-30 not taking into account proposed flexibilities and assuming the average emissions 2016-18 to be the same as within the WEM projections. As is the case now, Member States will have an opportunity to bank and borrow emission allocations. If Member States keep their emission below the annual allocation, these extra allocations can be banked into subsequent years until 2030. In the opposite case, if a Member State needs more allocations for a particular year, it may borrow up to 5% from its allocation for the following year. Member States will be also allowed to transfer a part of their annual allocations for a given year to other Member States, who will be able to use them for compliance until 2030. It will be possible to transfer up to 5% of allocations before the compliance period end. Member States will be also allowed to transfer any surplus allocations after the compliance period. i Excluding flexibilities. Bulgaria (as the least wealthy MS) is the only country who can keep their emissions at the 2005 level. In theory, they will still have to cut their emissions compare to ESD (they are currently allowed to increase their emissions above the 2005 level).

Q: How does this new set of caps relate to the EU ETS cap and trade scheme? The ESD/ESR covers emissions in Europe that fall outside the scope of the emissions trading scheme for example emissions from heat, transport and agriculture and land use and other non-co2 gases such as methane. Within the ESR, for the first time, an explicit link to the EU Emission Trading Scheme (ETS) is proposed which brings a new option for some qualifying countries to transfer a total maximum amount of emission allowances from the ETS to ESR. Nine countries can transfer a part of their EU ETS allowances for use in ESR. This flexibility is available for Member States who have their national reduction targets significantly above both the EU average and their cost effective reduction potential, or, alternatively, for Member States that did not have any free allocation for industrial installations in 2013 under the ETS 3. The eligible countries are Belgium, Denmark, Ireland, Luxembourg, Malta, Netherlands, Austria, Finland and Sweden. This transfer from ETS to ESR can reach up to 100 Mt CO2 emission equivalent in total over 2021-30. The current surplus in the ETS is estimated to be in the region of 2.x bn tonnes. Q: How challenging are the new proposals? There are several concerns about how challenging the proposals are. First of all, the reduction target of 30% compare to 2005 levels is regarded by some as merely enshrining business as usual. Some argue that the overall EU target should be at least 40% or even 50% compare to 2005 levels 4. Some also fear that the proposed new, updated baseline for the starting point of the caps lets countries who have done least to reduce their emissions off the hook, with the slight attendant risk that it creates a perverse incentive to increase emissions in 2016-18 in order to gain an advantage of a higher starting limit in 2021. The presence of various flexibilities adds to concerns that the proposals will not galvanise adequate action by Member States. More ambitious targets are certainly feasible but this would require a big effort from all Member States beyond their business as usual scenario. Based on the individual Member States projections of possible reductions, the 30% target is significantly more challenging than the one under ESD and will require additional policies (as shown in Figure 2). On the other hand, this EU target, like all other targets of major emitters, will be insufficient to meet the objectives of Paris Agreement. Recent research 5 suggests that to reach the goal to keep growing average global temperature increases well below 2 degrees Celsius, more effort will be needed. The extent to which the EU is able to ratchet and review these proposed emissions budgets over time will be a key test of how compatible the ESR regulations are with the Paris agreement.

Fears over flexibilities need to be considered in the context of the costs of meeting targets. Well-regulated flexibilities can increase economic efficiency by helping to fund least cost solutions, encouraging more ambitious targets over time. 3500 Reduction of non-ets emissions in EU28 Emissions [Mt CO2 eq.] 3000 2500 2000 1500 Year ESD ESD cap ESD WEM ESD WAM ESR cap Figure 2: Reduction of non-ets emissions in EU28. ESD describes the past and current development of non-ets emissions. ESD cap shows cap for the ongoing phase (2013-20). ESD WEM and WAM both describe projections by Member States with existing (WEM) and with additional measures (WAM). ESR cap assesses a cap for the upcoming phase (2021-30) based on emission volumes expected within WEM for 2016-18. Q: Who will the proposals affect the most? As effort has been determined using criteria based on relative wealth per capita, richer countries will be expected to deliver a higher proportion of the cuts. One of the most critical factors for success of the whole proposal will therefore be action by Germany. Germany is the main emitter in the EU (within non-ets sector emits almost 30% more than France who is the second greatest emitter). Germany is currently by far the furthest from their 2020 targets of all Member States, with the UK needing to take more action too. As shown in Figure 3, the same pattern occurs in case of proposed 2030 targets as well. While most of the major emitters have either already met their ESD targets or are currently very close to doing so, in 2014 Germany s emissions were still 8.85% and the UK s 6.14% above their respective 2020 targets. Though re-baselining the starting point for the next phase could help them, this is offset by the greater ambition they are expected to take on due to their relative wealth.

Non-ETS emissions in 10 most emitting Member States 600 500 400 300 200 100 0 Germany France United Kingdom Italy Spain Poland Netherlands Romania Belgium Czech Republic 2013 ESD 2014 ESD 2005 ESD Baseline 2020 ESD target 2030 ESR target Figure 3:Non-ETS emissions in 10 most emitting Member States. Grey and yellow bars show the actual ESD emissions in individual Member States in 2013 and 2014. The red crosses show the 2005 baseline, blue lines describe the 2020 targets and the black lines indicate the proposed 2030 targets. Q: What is happening to emissions from land use change? The proposals for the first time include emissions and removals from land use, land use change and forestry (LULUCF). Even though the LULUCF sector was a part of the emission accounting system under the Kyoto Protocol, the actual emissions and removals were never covered by any emission reduction mechanism in the EU, until now. This is a significant change compared to the current phase, introducing a flexibility to incorporate emissions and removals from deforested land, afforested land, managed cropland, managed grassland and potentially wetland in Member States budgets. Members States will be allowed to use a fixed volume of LULUCF removals to compensate for emissions in other sectors. There are maximum limits for each Member State on the amount of emissions they can claim for as a removal, altogether counting for 280 Mt CO2 equivalent over the period 2021-30 which represents 1.23% of the emissions budget over the ten year period ii. The national limits range from 58.2 Mt CO2 eq. (France) to 0.03 Mt CO2 eq. (Malta). All the accounting should be done in compliance with the Kyoto Protocol guidelines 6 which ii Assuming there is a linear trajectory between starting point (calculated from expected average emission within WEM projections by Member States for 2016-18) and the target.

draw detailed rules for ecosystem categories and management approaches. It should, however, be noted that Kyoto Protocol will expire in 2020 and therefore it remains unclear what the post 2020 rules will be. We are pleased to see that the European Commission has recognised the potential and importance of our ecosystems and the services they provide to climate risk management and mitigation. The draft regulations represent a promising first step towards appropriate carbon accounting in European countries, however, they will need careful oversight, including standardised and well-resourced accounting, verification and enforcement agencies. Moreover, rules for accounting emissions and removals from forest management will need to be significantly improved as well as governance procedures and rules for assessing national reference levels. Including LULUCF in the ESR moves towards the introduction of a monetary price for a tonne of emissions avoided and of carbon sequestered by ecosystems, and through land management practices. New LULUCF rules and the inclusion of agricultural emissions in the ESR underline the urgent need to improve farming and forestry policy at an EU level including agri-environmental and forestry schemes in order to encourage land managers to reduce emissions and boost natural carbon sinks. Q: What s the status of the proposal and what happens next? At this moment, the Regulations are proposals. In order to become a law, it will need to be approved by the Parliament and Council. Rapporteurs and committees within the European Parliament have been just assigned to both proposals. The rapporteurs will carry the proposals through the whole procedure within the Parliament. First, the proposals need to be examined and amended. The final draft will then be presented to the Parliament. A key question that remains as yet unanswerable is whether the UK will remain included in the common EU emissions reductions targets. Were the UK to exit there would likely need to be a redistribution of effort among other relatively wealthy Member States. Working with other organisations such as IETA, Sandbag and ECF, Environmental Defense Fund Europe will be tracking and influencing the development of these proposals, focusing specifically on the question of how compatible the final framework will be with the Paris Agreement and the extent to which it will encourage cost efficient uncovering of emissions reductions across the EU as a whole.

1 https://ec.europa.eu/transparency/regdoc/rep/1/2016/en/1-2016-482-en-f1-1.pdf 2 https://ec.europa.eu/transparency/regdoc/rep/1/2016/en/1-2016-479-en-f1-1.pdf 3 http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/145397.pdf 4 E.g. Sandbag (https://sandbag.org.uk/site_media/pdfs/reports/the_effort_sharing_dinosaur_may_2016_update.pdf). 5 Rogelj, J. et al., 2016. Paris Agreement climate proposals need a boost to keep warming well below 2 C, Nature, vol. 534, pp. 631-639. 6 http://www.ipcc-nggip.iges.or.jp/public/kpsg/pdf/kp_supplement_entire_report.pdf