The European Union ("EU") is coming closer to adopting mandatory rules for companies that use carbon credits.
- First, the European Parliament and Council are considering for adoption a Commission for a Regulation on a Carbon Removal Certification Framework ("CRCF Regulation Proposal").
- Second, the European Commission ("Commission") is in the process of adopting standards (the so-called "ESRS") for the EU's mandatory ESG reporting regime—the Corporate Sustainability Reporting Directive ("CSRD")—that will also cover disclosures on companies' use of carbon credits (including as emission offsets) and their quality.
These two regulatory initiatives are closely tied to each other. In effect, the draft ESRS that the Commission is considering for adoption require subject entities to disclose GHG removals and GHG mitigation projects financed through carbon credits.
The EU's aim of regulating carbon credits coincides with its push for carbon neutrality by 2050, and a related significant proliferation of companies publicly committing to achieve "net-zero" emissions by mid-century, which has triggered an uptick in strategic purchases of carbon credits in the voluntary carbon market ("VCM").The CRCF Regulation Proposal and the upcoming ESRS will help to expand sustainable and verified carbon removals and encourage investment in technological innovation.
Companies turning to the VCM to reach their net zero goals, and others active in the generation, trading, and use of carbon credits, will want to follow these initiatives closely. Opportunities remain for companies to express views that may shape the final contours of these regulations.
We discuss these developments and opportunities for public comment below.
Regulation for a Carbon Removal Certification Framework
The European Parliament and Council are currently considering for adoption the CRCF Regulation Proposal that the Commission presented in late November 2022.建议书载有规则监测、报告并验证欧盟/EEA内部发生的碳清除的真实性实际中,拟议方案仅用于EU/EEA中的碳清除。
CCRC规程基于四大质量标准(载运QU.A.L.ITYmniker):- 设置量化、额外性和长期存储需求,产品必须符合这些需求才能认证;
- 要求认证方法符合这些需求并授权委员会制定方法学and
- requires companies to subject their certification to independent third-party verification through a certification scheme.
- First, companies must disclose GHG removals and storage from their own operations and their upstream and downstream value chain, and report the underlying calculation assumptions and methodologies!and
- Second, and most important for carbon credits and the VCM, companies must disclose the amount of GHG emission reductions or removals (in metric tonnes of CO2eq) from climate change mitigation projects that financed through any purchase of carbon credits.
- Companies relying on carbon credits for achieving any net-zero targets explain the credibility and integrity of the carbon credits used, and whether and how its claims of GHG neutrality neither impede nor reduce the achievement of its GHG emission reduction targets;
- Companies consider recognized quality standards for preparing information on carbon credits, verifiable by independent third parties, to make public reports, and to provide rules for calculation, monitoring, and verification of the project's GHG emissions;
- Companies disclose information on carbon credits with a breakdown of the following items (see AG 66 for the tabular format in which companies are suggested to present information on carbon credits):
- the share (percentage volume) of reduction projects and removal projects;
- the share (percentage volume) of each recognized quality standard;
- the share (percentage volume) issued from projects in the EU!
-
- >
- 和
- >/carbon清除不影响温室气体排减量努力(ESRSE1建议约90-95%温室气体排减量应来自公司自身的企业排减量)。
The draft ESRS E-1 does not reference the CRCF Regulation Proposal, but it requires companies to "apply consensus methods on accounting for GHG removals as soon as they are available." This fits with the Commission's purpose for the regulation of the certification of carbon removals—namely to increase transparency, credibility, and integrity around companies' actions to permanently remove GHG from the atmosphere.
Next Steps
The Commission is set to adopt the draft ESRS as delegated acts by mid-2023. On November 23, 2022, EFRAG sent its draft ESRS to the Commission. Once adopted, the European Parliament and Council have two months to present any objections.之后ESRS将成为强制标准,公司必须报告各种ESG影响(见
委员会拟议的CRCF监管建议草案目前
Thus, the CRCF Regulation Proposal would require carbon credit project developers and potential users to conduct their own assessment of the carbon removal in accordance with the "QU.A.L.ITY" principles and the methodologies prepared by the Commission and then submit that assessment for independent verification through a certification scheme.
The CRCF Regulation Proposal requires certification schemes to be recognized by the Commission. All service providers of certification schemes must submit annual records of their activities to the Commission, and communicate any attempted fraud they identify. Moreover, certification schemes may only use accredited third-party certification bodies to verify project developers' and users' carbon removal assessments. These certification bodies may only be accredited by national accreditation bodies in the EU Member States. Hence, the CRCF Regulation Proposal creates a system of accreditation similar to that of notified bodies under the EU product rules.
At this stage, it is not yet clear how carbon offsets created through carbon removal projects applying the methodologies and certificate schemes set forth under the CRCF Regulation Proposal may serve as an alternative mechanism to meet the EU's GHG emissions reduction targets.根据欧盟委员会对CRCF监管建议的解释性备忘录,部分欧盟排放交易系统(EU-ETS)收入指向创新基金,它帮助企业投资创新清洁技术 — — 包括碳清除 。 CRCF监管建议与推向创新建议相匹配。 然而,看来CRCF监管建议下的碳清除不易交易或服务于EU-ETS下的目的。
此外,欧盟碳清除监管努力显然与全球开发相关联。值得一提的是,2023年1月会议中,国际可持续性标准委员会确认,拟议的s/www.ifrs.org/content/dam/ifrs/meetings/2023/jansb/sb/ap4-climateISSB是国际财务报告标准基金会(IFRS)二大标准设置板之一,并负责开发IFRS可持续性披露标准草案S2要求公司披露实现公司净零目标所必要的碳抵消数,包括用户理解实体拟使用抵消的可靠性和完整性所需某些因素A carbon removal activity's compliance with the CRCF Regulation Proposal (once adopted) would likely be an important marker of credibility and integrity.Interaction with the EU's Mandatory Carbon Credit Reporting Regime for Companies under CSRD
The draft ESRS standards that that the Commission is currently considering also include ESRS E1 on Climate Change ("ESRS E1"), which proposes a set of mandatory climate disclosures for many companies. The ESRS E1 contains two principal disclosure requirements for companies with respect to their GHG removals and GHG mitigation projects that are financed through carbon credits:
In addition, the ESRS E1 also requires that:
United States Reduce Act欧盟一直在研究适当的响应方法,提高欧盟作为绿色投资目的地的吸引力,不违反世贸组织规则或自身国家援助规则。
spanid=more-8449>/span>the EU Chips Act)!削弱国家援助规则建立欧盟紧急主权基金and mobilize WTO-compliant trade defense instruments. Other Member States have expressed concern that such an approach would risk undermining EU provisions on State Aid and fragmenting the EU internal market.With some justification, smaller EU Member States are concerned that weakening the EU's State Aid rules would favour more fiscally powerful Member States (52% of the Temporary Crisis Framework (TCF) established following Russia's invasion of Ukraine was notified by Germany and a further 24% by France). Such Member States would prefer the creation of a joint EU fund – a proposal in turn opposed by fiscally conservative Member States who reject any further joint EU borrowing.
On 1 February, the Commission released its Communication for A Green Deal Industrial Plan for the Net Zero Age (the Communication) which contains a series of proposals for discussion at the EU Council Summit on February 9-10. The differences between the various Member States noted above, are likely to influence the discussions at the Council Summit and impact the formal proposal which is expected to be presented to the European Council in late-March.
Contents of the EU's Proposal
The key elements of the Communication are:
- A Net-Zero Industry Act (NZIA)
- A Critical Raw Materials Act (CRMA);
- A temporary Crisis and Transition Framework (TCTF) State Aid framework;
- Repurposing existing EU programs to fund the green transition!and
- Production targets;
The NZIA is intended to create a simplified regulatory framework for production capacity. It will target key product sectors including batteries, wind-turbines, heat pumps as well as technologies including solar, electrolyzer and carbon capture and storage (CCUS). The list of targeted sectors suggests that the Commission intends building on existing initiatives such as the proposed Batteries and Waste Batteries Regulation and legislative proposals forming part of its Hydrogen Strategy.
The CRMA is intended to ensure access to critical raw materials by:
- diversifying sourcing;
- reducing dependence on highly concentrated supplies from third countries;
- improving recycling of materials already on the internal market!并 创建同心国的Critical原材料俱乐部,帮助确保安全、可持续和可支付的全球原材料供应。
- 简化提供国家援助进程实现工业进程去碳化; 提高援助赠款第三国项目;
- 为战略网-零值链中大型新生产项目提供额外援助
- revation绿色交易块免责规则,提高关键部门通知阈值,如氢和CCUSThe TCTF will be in place only until the end of 2025
The EU President has made clear she prefers the establishment of a common ‘European sovereignty fund' to incentivize continued green production in Europe, rather than run the risk of fragmenting the internal market and the creation of regional disparities by allowing wealthier EU Member States to leverage their own, stronger economies.
To achieve this (whilst avoiding the difficult issue of raising further debt) the Communication proposes repurposing existing EU programs and initiatives to fund the green transition:
- The REPowerEU initiative would be repurposed to provide additional grants and facilitate access to funding through national one-stop-shops for permitting renewables and net-zero-projects;
- Grants from the Brexit Adjustment Reserve would be re-directed to renewable projects!并 Investeu程序简化以鼓励私人投资优先部门。
这些提议是现有绿色筹资流之外的建议,包括
Conclusion
This is an important response from the EU. The initial proposal indicates significant repurposing of existing funding streams. If the proposal reaches Council in March more-or-less intact, there will be significant investment opportunities for European companies. There is time for the proposals to be adjusted before March, but companies wishing to do so will need to be swift and smart.
For the UK, this proposal may be problematic as it risks leaving the country between two major trading partners both of whom now have large green investment plans backed up by impressive funding.
This post outlines the specific removability and replaceability requirements that the SBR will impose on portable batteries and light means of transport ("LMT") batteries (e.g., batteries for electric bicycles) marketed in the EU/EEA as of around September/October 2026. The new requirements will oblige producers of appliances to introduce design changes to their appliances and the batteries they incorporate. Moreover, clarifying the details of such requirements is likely to create much controversy and debate among the European Commission, Member States and other stakeholders within the next two years. In effect, the SBR leaves it to the Commission to adopt guidelines interpreting the different removability and replaceability requirements.
The post also briefly mentions the political compromise that the European Parliament and Council reached on the removability and replaceability of electrical vehicle batteries and "starting, lighting and ignition" ("SLI") batteries, and its emphasis on ensuring that such batteries be removable and replaceable by "independent professionals" (and not just authorized dealers).
Removability and Replaceability Requirements for Portable Batteries and LMT Batteries
While we expect that the EU legal linguistic experts will have to introduce some edits, Article 11 of the SBR imposes different removability and replaceability requirements for portable batteries than for LMT batteries.In turn, it would exempt from the removability and replaceability requirements portable batteries where continuity of power supply is necessary and a permanent connection between the device and the portable battery is required to ensure the safety of the user and the appliance, or for products that collect and supply data as their main function, if this is necessary for "data integrity reasons."
Portable Batteries
The SBR defines portable batteries as any battery that is sealed, weighs below or equal to 5 kg, is not designed specifically for industrial uses, and is not an electric vehicle, LMT or SLI battery. As from 42 months after the entry into force of the SBR, producers marketing devices incorporating such portable batteries must ensure that the batteries are "readily removable and replaceable" by the "end user" at any time during the lifetime of the device. Thus, the general rule for portable batteries is that it must be possible for the end user, and not a qualified professional, to remove and replace the batteries "at any time during the lifetime of the product." This wording also suggests that the Commission and Member States could take the position that portable batteries should be removable from appliances and replaceable "at any time" even if the appliance has a shorter life than that of the batteries.
Article 11(1) of the SBR also clarifies that a portable battery is "readily removable" by an end user, if it can be removed "with the use of commercially available tools" without requiring the use of: "specialized tools" unless they are provided free of charge with the product, "proprietary tools," "thermal energy" or "solvents." A recital of the SBR also explains that "commercially available tools are tools available on the market to all end users without the need for them to provide evidence of proprietary rights and that can be used with no restriction, except for health and safety reasons."
Producers marketing electronic devices incorporating portable batteries will also be required to ensure that their devices are accompanied by instructions and safety information on the use, removal and replacement of the batteries. The instructions and safety information must be posted online in a publicly available website in a manner that is easily understandable for end users.
Article 11 establishes two exceptions to the general rule that portable batteries must be removable and replaceable by end users. Devices incorporating portable batteries may be designed in such way as to make their batteries removable and replaceable only by "independent professionals" if they are:
1.万博体育app手机登录specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion and that are intended to be washable or rinseable.
Article 11(2) adds that this derogation is only applicable where removability and replaceability by an independent professional is necessary to ensure the safety of the user and the appliance. A recital of the SBR further tightens the derogation, stating that it "should only apply when it is not possible, by way of redesign of the appliance, to ensure the safety of the end user and the safe continued use of the appliance after the end user has correctly followed the instructions to remove and replace the battery" (emphasis added). Arguably, the Commission will have to refer to socio-economic and technical feasibility considerations when adopting guidance defining the scope of what is "not possible."
The same recital also suggests that a device is designed to "operate primarily" in a water environment if it is "specifically designed to be used, for a majority of the active service of the appliance" in a water environment.
2.professional medical imaging and radioactive devices.
Article 11 also empowers the European Commission to introduce additional derogations for other types of devices whose portable batteries may only be removable and replaceable by independent professionals, instead of end users. However, the Commission may do so only if the additional derogation is necessary to take into account technical and market developments and there are scientifically grounded concerns over the safety of end users removing or replacing the portable batteries, or such removability or replaceability by end users risks being in violation of other EU product safety rules.
The SBR does not define "independent professionals." However, such category of professionals also includes those that are not dealers authorized by the manufacturers of the devices. The Commission's guidelines may have to provide criteria on the qualifications that such professionals must meet in order to ensure the safety of end users and the devices.
LMT Batteries
The SBR defines LMT batteries as those that are sealed and weigh below or equal to 25 kg, are designed to provide electric power for the traction to wheeled vehicles that can be powered by an electric motor alone or by combination of motor and human power, including type-approved vehicles of category L under Regulation 168/2013, and are not electric vehicle batteries (e.g., batteries for electric bicycles). As from 42 months from the entry into force of the Regulation, producers marketing devices incorporating LMT batteries in the EU/EEA must ensure that the batteries are readily removable and replaceable "at any time during the lifetime" of the device.
However, in contrast with the requirements for portable batteries, the LMT must be removable and replaceable by "independent professionals," and not end users. Moreover, in the case of LMT batteries, the removability and replaceability requirements also apply to the battery cells included in the battery pack.
Replaceability Requirements
At the last moment of the EU's legislative negotiations, the European Parliament and Council introduced a confusing second subparagraph to Article 11(5) that seems intended to define the "replaceability" requirements for both portable batteries and LMT batteries. This is despite the fact that the first subparagraph of Article 11(5) regulates the removability and replaceability of only LMT by professional users.
In particular, as currently drafted, the second subparagraph of Article 11(5) states that a portable and LMT battery is "readily replaceable" if after its removal from an appliance or light means of transport, "it can be substituted by a similar battery, without affecting the functioning or the performance or safety of that appliance or light mean of transport." While unclear, the Commission and Member State authorities could take the view that the obligation to ensure that the battery can be substituted by a "similar" battery, "without affecting the functioning or the performance of the appliance or light mean of transport" also applies when an end user, and not only an independent professional, removes and replaces the portable battery from the device.This view could be supported by the fact that the subparagraph also contains a requirement on producers to ensure that portable and LMT "batteries be available as spare parts of the equipment they power for a minimum of five years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent professionals and end users" (emphasis added).
The guidelines that the Commission is expected to adopt, will also have to clarify this second subparagraph of Article 11(5). Among other things, we anticipate that the guidelines will have to take into account the Sale of Goods Directive when interpreting the subarapgraph's removability requirements. In any event, the use of the term "similar" suggests that producers must ensure that portable and LMT batteries in appliances can be replaced by batteries that are not identical, and therefore arguably can also be competing batteries, as long as they do not affect the performance or safety of the appliance.
It is also possible that this subparagraph to Article 11(5) may be slightly edited (e.g., it may be converted into a separate paragraph) before the SBR is published.
Removability and Replaceability Requirements for Electric Vehicle Batteries and SLI Batteries
In the end, the European Parliament and Council decided to drop the specific removability and replaceability requirements for automotive batteries, industrial batteries and electric vehicle batteries that the European Parliament had proposed. Instead, a recital to the SBR states that "SLI batteries and electric vehicle batteries incorporated in motor vehicles should be removable and replaceable by independent operators." The same recital adds that for the purpose of the design, manufacturing and the repair of SLI batteries and electric vehicle batteries, "manufacturers should provide the relevant vehicle on-board diagnostic information and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for [category M, N, and O] vehicles." The SBR defines a SLI battery as a battery "designed to supply electric power for starter, lighting, or ignition and [that] may also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery."
Thus, the recital calls for an opening up of the market of SLI and electric vehicle batteries. This is in line with the obligations that the Regulation on the Type Approval of Vehicles imposes on vehicle manufactures to provide independent operators with OBD information and vehicle repair and maintenance information. However, it is unclear how this will work in practice taking into account the warranty terms of electric vehicle manufacturers.
The recital also indicates the willingness of the Council and Parliament that a future amendment of the End of Life Vehicles Directive include provision on joining, fastening and sealing elements to ensure that the SLI batteries and electric vehicle batteries can be removed, replaced and disassembled.
Next Steps
The SBR's new removability and replaceability requirements will apply to portable and LTM batteries and devices and means of transport containing them that are marketed as of (around) the second half of 2026. Nevertheless, businesses and their trade associations should already assess the impact of the new requirements on their products and batteries. They should also try to contribute to the Commission's adopting of interpretative guidelines and the possible introduction of additional exceptions to the obligation to ensure that portable batteries be readily removable and replaceable by end users. We expect that during the next two years the Commission will hold one or more public consultations before issuing the guidelines and exceptions.
The ACM has also issued Guidelines regarding collaborations between farmers (Leidraad samenwerking landbouwers).这些准则阐明了竞争规则允许农民之间合作的一些主要可能性。关于可持续性考量问题,准则分章专门探讨协作问题,作为可持续性倡议的一部分此类协作可采取横向或纵向协议形式(农商和供货商/买主之间协议形式)。协议甚至可以涉及售价或生产量,如果这样做是必不可缺的。协议必须是实现可持续性目标所必备的,否则是不允许的 。
com/2022/05/可持久性-european-commissions-此类协议无法引起竞争法问题如果协议会影响竞争参数,则会受第101条TFEU约束,但有可能从第101(3)条下的豁免中受益可能的免责因纯经济原因不足,例如保护牛奶生产者高收入,Bka前的拟议方案强调了这一点。可持久协议提供客观环境效益,即 i.e.最后,将可持续性福利视为全社会福利并将其纳入法律引入的反托拉斯框架可预示竞争分析和实践新时代的到来。 近些年来,为将可持续性考量纳入反托拉斯分析做出了重大努力。竞争管理委员会和国家竞争管理机构,特别是HCC似乎接受公司提出的可持续性倡议但也存在不同的决策实践风险国家竞争局批准可持续性协议的决定对另一个国家竞争局没有约束力,而协议可能产生效果的领土内则有争议。这就意味着由第二次NCA裁量权批准或拒绝争议协议中的可持续性考量万博体育app手机登录因此,委员会与国家竞争主管机构之间的互动似乎至关重要,因此应当加强。
Overall,鉴于决策实践不足,仍需要欧盟和国家一级的更多指导。竞争自评在这方面很重要,当公司制定可持续战略时,法律咨询是关键Covington团队准备提供此建议
The European Commission is expected to present a Proposal for a Directive on Green Claims ("Proposed Green Claims Directive" or "the Proposal") within the next few months. Together with the Proposal for a Directive empowering consumers for the green transition through better protection against unfair practices and better information ("Consumer Empowerment Directive Proposal"), the Proposed Green Claims Directive would contribute to the EU's green transition towards a circular, climate-neutral and clean economy by creating a common methodology for the substantiation of green claims that concern the environmental footprint of products, services and companies.It would aim to reduce greenwashing and enable consumers to take informed purchasing decisions based on reliable information about the sustainability of products and traders.
If adopted, it is likely to significantly limit the environmental claims that businesses can make in the EU/EEA. Businesses may want to consider approaching the Commission to try to influence the final legislative proposal that it is expected to present by March 2023. Once the Commission presents its legislative proposal, businesses should consider proposing amendments to the European Parliament and Council.
Harmonization of the Rules on Green Claims in the EU
Currently EU law does not explicitly regulate environmental claims.万博体育app手机登录Instead, environmental claims are subject to the general rules of Directive 2005/29 on Unfair Business-to-Consumer Practices and Directive 2006/114 on Comparative Advertising. While the Commission and Member States have issued guidance interpreting these directives and their national implementation in the context of green claims, in practice there is a wide range of variations on the requirements for and enforcement against these claims among Member States. The Proposed Green Claims Directive is expected to create a harmonized set of rules on the substantiation of voluntary green claims applicable to all companies operating in the EU/EEA.
Covered Green Claims
The Proposal is expected to define green claims subject to the new rules as "any message or representation, including text, pictorial, graphic or symbolic representation (e.g., labels, brand names, company names or product names), which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time." The Proposal is not expected to apply to claims that cover aspects other than those related to the environment. For example, sustainability claims would only be covered if they refer to environmental sustainability (e.g., preventingbiodiversity loss).
The proposed rules are also only expected to cover voluntary claims made by companies in the context of business-to-consumer ("B2C") transactions. The rules would also not cover environmental mandatory labelling or disclosures under EU environmental rules.万博体育app手机登录For example, mandatory declarations under Proposal for Ecodesign for Sustainable Products Regulation, or the requirements under the EU Taxonomy Regulation or the Proposal for a Regulation Establishing a Union Regulatory Framework on the Certification of Carbon Removals) are out of scope.
General Rules on Green Claims
The Proposal is expected to impose general requirements on the environmental claims that companies can make that will mirror those of the existing Commission's guidance. In particular, it will require that companies:
- only make environmental claims that have been substantiated through an approved methodology that meets specific criteria (see below);
- do not make a positive environmental claims where a product has both a positive and negative environmental impact. Companies may communicate the positive claim only if they also communicate the negative impact in a clear and understandable way. For example, if savings in water consumption lead to a notable increase in greenhouse gas emissions or to a negative environmental impact in another stage of the life-cycle of the product (e.g., CO2 savings at the stage of manufacturing leading to a notable increase of CO2 emissions at the use phase), both facts should be disclosed together with the claim;
- make available the information on the assessment on which the environmental claim is based, including (i) information on the product or activities of the trader subject to the claim, (ii) environmental aspects, environmental impacts or environmental performance covered by the claim, (iii) the methodology used, (iv) the underlying studies or calculations used to assess, measure and monitor the environmental impacts or aspects covered by the claim, (v) a brief explanation how improvements in environmental performance are achieved, etc. Access to this information may be provided in the form of a weblink, QR code or equivalent!万博体育app手机登录and
- review the accuracy of their environmental claims (and their substantiation) at least once every five years from the date of the underlying studies or calculations. In cases where there are circumstances that may affect the accuracy of the claim (i.e., when there are updates of the scientific methodology substantiating the claim), the environmental claim should be reviewed and updated immediately.
Methodology to Substantiate Green Claims
In line with current Commission's and Member States' guidance on environmental claims, the Proposal is expected to require economic operators to duly substantiate their environmental claims on the basis of a methodology that:
- is based on widely recognized scientific evidence, state of the art technical knowledge and takes into account relevant international standards. Where there is no recognized scientific method or insufficient evidence to assess environmental impacts and aspects, claims referring to such environmental impacts would not be allowed;
- assesses the environmental impact throughout the whole life-cycle of the product;
- takes into account: the product composition!素材制作从过程和产品使用中排出耐用性、可恢复性和生命终结性;
- asesse万博体育app手机登录and
- is regularly reviewed by a third party with a view to take account of technical and scientific progress and the development of relevant international standards as well as revised where necessary to reflect such progress.
The Proposal is expected to add a lengthy list of additional requirements with which the methodologies to substantiate environmental claims must comply. This is a significant departure from the previous, lighter requirements under the Commission's and Member States' green claims guidance. In this context, the Proposal links these requirements to the existing EU Product and Organization Environmental Footprint methods ("PEF" and "OEF"). Where a company complies with the Product Environmental Footprint Category Rules ("PEFCRs") for a product, the claims made on the basis of the PEFCRs are deemed compliant with the requirements of the Proposal.
Requirements Related to Comparative Environmental Claims
The Proposal is also expected to include rules on environmental comparative claims, namely, that:
- companies use the same methodology to assess the environmental impacts, aspect or performance of products or traders to which the comparison is made (e.g., where two traders make a claim on climate change, where one considered only direct impacts, whilst the other considered both their direct and indirect impacts, the results are not comparable);
- data used for the substantiation of the comparative claim must be generated or sourced in an equivalent manner to ensure their comparability (e.g., choosing indicators on the same aspects but that use a different formula for quantification makes comparisons impossible, and therefore, there is a risk of misleading consumers)!and
- the most significant stages along the value chain must be taken into account for all products and traders compared, etc.
If adopted, these requirements are likely to make environmental comparative advertising more challenging for companies. Product certification and testing is costly, and the proposed wording would in practice require companies to conduct head-to-head studies to be able to claim any comparative advantage. Broad, sector-wide claims based on publicly available studies would no longer be acceptable.
New Rules on Forward Looking Claims
The Proposal is also expected to introduce new strict rules on forward-looking claims (i.e., claims that suggest that a product, service or company will achieve specific environmental benefits by a certain future date).The Proposal is expected to require that claims related to the future environmental performance of a product, service or trader:
- be accompanied by commitments that include milestones to be achieved within clearly specified time frames (if a target set for 2030 does not include any periodic milestones, it is impossible for stakeholders, or the trader itself, to monitor whether they are on track and what are the challenges);
- indicate a baseline year for targets and the indicators reflecting performance in the baseline year and the year linked to the improvement set out in the claim (e.g., "50% reduction of greenhouse gas emissions compared to 2015" instead of "50% reduction of greenhouse gas emissions");
- not include actions or targets already achieved, etc.
Enforcement and Access to Justice for third Parties
The proposal is expected to introduce new and reinforced rules on enforcement against companies making non-compliant environmental claims. Member States are expected to be required to carry out a compliance monitoring:
- as part of their regular checks;
- in cases where they have sufficient reason to believe that an environmental claim presents a risk of infringement of the rules, laid down in the Proposal!或
- 响应.
CompanyAfter receiving a notification for non-compliance, companies would only have 10 business days to provide an answer. Where a trader does not provide a timely or satisfactory answer, enforcement authorities must require the trader to correct the non-compliant claim or immediately stop its communication. The trader will have to implement the corrective actions within 30 business days.
The Proposal is also expected to allow third parties to submit complaints against non-compliant green claims before administrative authorities, and thereafter courts, if the third parties have sufficient interest or have the rights infringed. Such complains may lead to injunctive actions, including the immediate stop of the communication of the non-compliant claims.
Next Steps
The European Commission is expected to formally present its proposed Green Claims Directive by the end of March 2023. Once presented, the European Parliament and Council will consider the Proposal for adoption through the ordinary legislative procedure. This process will allow for the introduction of amendments and will take at least 18 months. As indicated above, industry should keep a close eye on the development of this proposal as the requirements it will impose will have a significant impact on the current practices.
为此,欧洲委员会(“委”)预计将通过详细强制性ESG披露要求,如
ESRS目前建议覆盖84个离散披露要求和1 144个定量和定性数据点。
通用标准处理关键基础概念以及报告过程和格式符合CSRD可持续性报告ESRS1定义二重重要性概念,CSRD报告关键原理之一双重相对性标准意味着公司必须报告不仅对企业ESG问题的潜在金融影响,而且对其企业对人和地球的物质影响。换句话说,公司必须报告从金融角度讲无关紧要的问题。ESRS1还澄清说,某些披露-例如温室气体排放-一直是材料。 十大主题ESRS覆盖所有ESG三大支柱如下(见>高度:自动机">
(can opt to delay until FY 2028) / 2027 (2029 if delay)
(i) ESRS!具体可持续性报告标准欧盟将为非欧盟母公司开发或三)欧盟认为等效的本地司法可持续性报告标准。
The Regulation's market intervention is exceptional (albeit in response to an extraordinary geopolitical market disruption). It will have widespread positive and negative impacts for energy market sellers and buyers. These circumstances may provoke a range of disputes, transaction (re)structurings or additional compliance obligations that will require expert advice and understanding of the details of the Regulation.
Reduction in electricity consumption
EU Member States will endeavour to reach an overall 10% reduction in electricity consumption by all consumers. The benchmark against which that reduction will be measured is the average of gross electricity consumption in the corresponding months of the reference period, i.e.11月1日至前5年3月31日,自2017年开始此外,为降低零售价并增强供应安全,成员国有义务在峰值时将电耗减少5%(定义为日头批发电价预期最高日间时数!总电耗预期最高或可再生能源以外的源电总耗量预期最高)。自2022年12月1日至2023年3月31日适用这些措施。
参数中包括防止违反欧盟绿色目标的保障措施成员国只能为未按预期耗电提供经济补偿市场运营商除收入外所支付的财政补偿金额必须通过竞争过程确定。 非加气/硬煤电厂剩余收入Cap
确定这种上限水平,以免转移可再生能源投资是一项复杂工作。高压电价高于过去十年平均批发电价和当前能源平化成本相关发电技术。
UnlikeIberian半岛 < ahrfs='chrome-extension/feaidnbnibcpclefmkaj/https/ec.eu/competice/state_aid/cass1/20225/SA_102454_407781-00-C327-A344-3EC9A772C4AF_72_1.pdf>成员国必须使用封顶剩余收入支持终端电客。剩余拥塞收入来自跨区容量分配,由传输系统操作符累积正常市场环境下,相关TEO可自由决定是否使用欧盟 The Regulation also contains a provision to redistribute the surplus revenues between net importing and exporting countries, to ensure that all Member States have the resources needed to support their final customers. Retail price regulation of electricity The Regulation allows SMEs to benefit temporarily from State intervention in setting the retail electricity price. This provision foresees the possibility that the end price could even be set below cost, provided that such an intervention does not distort demand reduction and that suppliers are both compensated and not discriminated against. Since State intervention in electricity pricing is generally considered to create market distortions, it is normally only permitted in specific and limited circumstances – as set out in the Electricity Directive – through the entrustment of a Public Service Obligation (PSO).委判定当前状况满足这些条件,因此监管授权偏离欧盟 /p>理事会授权将这笔捐款的收益用于向最终能源客户提供财政支持-特别侧重于脆弱家庭和能源密集产业(后者必须使用支持投资于可再生能源、能效或其他去碳化技术)。 Covington将继续监控并更新当前危机背景下欧盟法律的最新动态。
Ironically, given the IPPC report and COP27 at the end of the year, the major beneficiary of the Russian gas supply crunch appears to be coal: the IEA forecasts a 7% rise in global coal consumption to reach the all-time record set in 2013, with electricity demand for coal likely to increase by as much as 16%.
The EU's Response
The EU responded with the announcement of a plan for a 15% reduction in gas use across the bloc. Part of the objective of the plan, which will be in force until March 2023, is to reduce gas use now in order to release gas to build up storage in preparation for the winter.初始性排减量由成员国自愿实施,但成员国必须每两个月向欧盟报告节能计划进度,然而,如果俄罗斯命令完全关闭欧盟天然气供应量,目标将成为强制目标 。
关键产品制造商和关闭电源后难以重开电厂免责然而,一些欧盟成员国已经颁布了国内能效计划。计划包括一系列措施:关闭历史遗迹照明关灯广告确定最大和最小空调单元水平介于19-27C禁止手机加热强制商店关上门关闭城喷泉或强制公共游泳池只提供冷水淋浴计划强制所有商业设施 关闭1900计划是否生存德拉吉死后,还有待观察 。
除能效驱动外,欧盟还启动全球能源外交推送以寻找新燃气源承认它无法替换一个供应商所有缺失俄国天然气,它正在推行一种“分片购买策略 ” 。 这种方法发现它在一些新不熟悉门上搜索天然气-尼日利亚、阿尔及利亚和哈萨克斯坦-并返回老供应商-沙特阿拉伯、卡塔尔和伊拉克。
欧盟计划问题在于对俄罗斯天然气依赖的悬殊性:在27个欧盟成员国中,14个从俄罗斯获取超过50%的天然气除匈牙利外,欧盟成员国都接受欧洲团结的必要性,同时注意到工业供应链的相互依存性。承认供应冲击会波及所有欧盟经济体,一些人认为统一15%目标没有计及不同的国情。
西班牙、葡萄牙和意大利比西北欧洲更快地储存天然气,特别是德国,因为战争爆发后,LNG容量提高(例如Eni计划新FLNG船四年内投入运营)和从阿尔及利亚进口更多天然气自2024后半段起,意大利计划独立于俄罗斯所有天然气供应量,而渡过这个冬天只需要将当前消费削减7%即可。西班牙已同意类似的减值 。ddex从俄国进口55%的天然气 。到目前为止,国内消费者一直不受天然气价格上涨的影响,因为德国大多数私有家庭都预先支付天然气账单 。然而,支持快结束6月,德国通过了一项紧急能源计划,使公用事业公司能够向客户传递更高的天然气价格,7月28日,德国政府确认计划向客户收取煤气附加费可能比预期高得多。
Is the Plan Enough for a Harsh Winter?
The 15% reduction target, which was predicated on a bitterly cold winter, would reduce EU consumption of Russian gas by 45 bcm. A number of opt-outs will reduce that figure[ii], but the Commission is confident that even with the opt-outs, the reduction of demand will be sufficient to see the EU through an averagely cold winter.
However, the real emerging concern is not winter 2022-2023, since European gas storage is at a relatively healthy level (71% full on 2 August), but rather winter 2023-2024: gas storage will be depleted by spring 2023 and replenishing it will be difficult with fewer options and greater competition for gas supply on a tighter market. Already Asian demand for US LNG cargoes has increased!5月欧洲取67%,7月亚洲占近一半(法国取13批货,NL取11次,日本取9次,南韩和西班牙各取7次)。
sp英国通膨达40年峰值9.4%,英格兰银行将利率调高1995年以来最大单行增长并发布警告说今年晚些时候开始长期衰退,明年初通胀达13%某些报告预测到2023年初将达15% 。 欧区消费者信心在7月降为新低点,预计8月5日发布数字时通胀将创历史新高8.7 % 。 欧洲央行在十年内首次提高7月底利率,这可能加速欧元区家庭和企业贷款减少的新趋势。一些人担心欧洲央行可能为时已晚,因为不断恶化的经济前景缩小了进一步提高利率解决通货膨胀问题的可能性。espan样式表示文本装饰:下划线;下划线;下划线;下划线;下划线sDmytro库列巴一方不关心公共舆论的不平等竞赛结果将取决于欧洲消费者疼痛水平是否足以削弱迄今为止对俄国制裁的公众支持。或欧盟反制措施是否足以击败俄国气威胁。
squals=wp-blate波罗的海国家电网连接俄国非欧洲天然气网主要用户并有能力将LNG送近邻的成员国The European Parliament and Council are in the last stages of the legislative procedure to adopt a Regulation on Batteries and Waste Batteries ("Sustainable Batteries Regulation"), which the European Commission proposed in December 2020. Among other many requirements, the proposed Sustainable Batteries Regulation will require manufacturers to ensure that the portable batteries contained in their electronic devices are removable and replaceable. These requirements will apply to a large variety of electronic devices, including household appliances, IT, telecommunications equipment, and medical devices. They are part of a broader sustainable products package that includes other legislative proposals, such as the Commission proposal for a Regulation on Ecodesign Requirements for Sustainable Products and an upcoming legislative initiative on the right to repair, and will require manufacturers to redesign the electronic devices that they market in the European Union and European Economic Area ("EU/EEA").
The European Parliament and Council adopted their position at first reading and common approach, respectively, in March 2022, and they are now in so-called "Trilogue" negotiations to try to reach an agreement on the final wording of the Regulation. They expect to hold their third Trilogue meeting in early October and to adopt the Regulation by the end of the year. The removability and replaceability requirements on portable batteries are likely to apply as of early 2025.
Below we outline the Parliament's and Council's main positions on the replaceability and removability requirements as well as those aspects for which they have already reached a provisional agreement.
The Removability and Reparability Requirements
The draft used in preparation of the second Trilogue meeting of June 30 ("Second Trilogue Draft") indicates that the EU institutions agree that as "[f]rom 24 months after the entry into force of the [Sustainable Batteries Regulation] any natural or legal person that places on the market products with portable batteries […] incorporated, shall ensure that those portable batteries […] are designed in such a manner to be readily and safely removable and replaceable by the end-user or by independent operators during the lifetime of the appliance […], if the batteries have a shorter lifetime than the appliance […], or at the latest at the end of the lifetime of the appliance."
The current Batteries and Waste Batteries Directive 2006/66 already requires manufacturers to "design appliances in such a way that waste batteries [..] can be readily removed." The WEEE Directive 2012/19 also requires that batteries be removed from any "separately collected [waste electrical and electronic equipment]." The Sustainable Batteries Regulation's requirements on removability and replaceability are intended to ensure the enforcement of the obligation to remove the batteries to allow their recycling and to prolong the expected lifetime of the appliances they are part of. While the Second Trilogue Draft's wording is unclear, the removability and replaceability requirements are likely to be interpreted as requiring that portable batteries be removable and replaceable if their lifetime is shorter than that of the appliances in which they are contained, and that they be removable at the end of the lifetime of the appliances. This could suggest that portable batteries do not need to be replaceable if their lifetime is the same or longer than that of the appliances in which they are contained.
The Council is proposing that a battery should be considered as "readily removable" "where it can be removed from an appliance […] without the use of specialized tools, thermal energy, or solvents to dissemble." A battery would be replaceable "where, after its removal from an appliance […] it can be substituted by a similar ["compatible" according to the Parliament] battery without affecting the functioning or the performance or safety of that appliance."
The European Parliament is also proposing prohibiting manufacturers from using software "to affect the replacement of a portable battery […] or of their key components with another compatible battery or key component."
The Parliament's proposal to ensure that portable batteries can be substituted by "compatible," rather than "similar," portable batteries is intended to ensure that batteries can be replaced by batteries that are not of the same brand or from the same manufacturer.The Parliament also proposes to require that manufacturers keep available portable batteries as spare parts of the appliances they power for a minimum of ten years after placing on the market the last unit of the same model "with a reasonable and non-discriminatory price for independent operators and end-users."
To What Batteries and Appliances Would the Requirements on Removability and Replaceability Apply?
The Second Trilogue Draft defines a portable battery as any battery that: (i) is sealed, (ii) weighs below or equal to five kilograms, (iii) is not designed specifically for industrial uses, and (iv) is neither an electric vehicle battery, nor a light means of transport battery, nor a starter, lighting or ignition power battery of a motor vehicle.万博体育app手机登录A battery is "any ready for use, source of electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or packs of them, including a battery that has been subject to preparing for re-use, preparing for repurpose or repurposing, or remanufacturing." It also defines an "appliance" as any "electrical and electronic equipment" that is fully or partly powered by a battery or is capable of being so."
In practice, the removability and replaceability requirements will apply to portable batteries contained in a wide variety of electrical devices, including household appliances, IT and telecommunications equipment, consumer and lighting equipment, electronic tools, toys and leisure equipment, medical devices, monitoring equipment, and automatic dispensers. However, the reference of the definition of appliance to the WEEE Directive 2012/19 suggests that the removability and replaceability requirements may not apply to all products containing batteries. For example, it is unclear whether the requirements would apply to teddy bears with an electronic function.
The Second Trilogue Draft imposes identical requirements on batteries for light means of transport (e.g., electrical bicycles), and the European Parliament is also proposing to impose similar requirements on automotive batteries, electric vehicle batteries and industrial batteries.
Who Should Be Able to Remove and Replace the Portable Batteries?
The Second Trilogue Draft indicates that the Parliament and Council have reached a provisional agreement in that the manufacturer of the appliances may choose between ensuring that the portable batteries be removable and replaceable by an end-user or by an independent operator. However, as with the EU rules on the type approval of vehicles (see e.g., Regulation 2018/858), the EU institutions intend to ensure that manufacturers may not limit the possibility to remove and replace the batteries to only their dealers. The Draft defines an independent operator as a "person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of batteries, and include waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services […]."
The Parliament would also require manufacturers of appliances to provide their customers at the time of purchase of the appliances and permanently online with "clear and detailed instructions for removal and replacement" of the portable batteries.
The Council also proposes that in the case of appliances "designed to operate normally in a wet environment" the portable batteries shall be removable and replaceable "only by qualified independent operators." The concept of "qualified" independent operator would have to be defined in the guidance on the removability and replaceability requirements that the Commission is mandated to adopt and/or by Member State legislation.
Possible Exemptions
The European Parliament and Council are likely to agree that the removability and replaceability requirements should not apply to portable batteries where the "continuity of power supply is necessary and a permanent connection between the [appliance] and the [respective] portable battery is required for safety, medical or data integrity reasons." The Parliament is also proposing to grant an exemption where "the functioning of the battery is only possible when the battery is integrated into the structure of the appliance and it can be proved by the manufacturer that there is no alternative available on the market." The Second Trilogue Document suggests that the Parliament and Council have provisionally agreed that the removability and replaceability requirements should only apply to battery packs as a whole and not to individual cells or other parts included in the battery pack.
The revised TEN-E Regulation 2022 continues to work towards developing better connected energy networks while updating the TEN-E framework to focus on the latest environmental targets and ensuring consistency with the climate neutrality objectives set out in the EU Green Deal.
Towards a better integrated and greener EU energy market
The TEN-E Regulation 2022 reallocates and identifies 11 priority corridors with the purpose of meeting objectives to (i) reduce carbon emissions by 55% by 2030 and (ii) achieve carbon neutrality by 2050.优先通道侧重于更新基础设施类别,如近海电网通道和可再生和低碳气体,如氢解电机天然气基础设施和石油管道将不再有资格获得PCI状态TEN-E条例2022还确定了新的优先专题领域:(一) 采行配有IT技术(“智能电网”)电气网络;(二) 开发跨边界二氧化碳网络。
/p>能源基础设施项目proto侧重于推广绿色清洁能源的项目可获取PCI状态,如近海风能和可再生/低碳氢化注解氢或可混入其他气体(如天然气或生物甲烷)或自成一体的能源源TEN-E第2022号条例也鼓励智能电网和二氧化碳运输存储的PCIs 。补充地说,TEN-E第2022号条例将欧盟能源市场边界扩展至第三国,为所谓的互利项目引入新合作机制与PCIs相似,如果他们为欧盟总体能源和气候政策提供保障和去碳化服务,可选择它们。
欧盟委员会将每两年通过PCIs和PMIs清单(“EU链表”),第一批欧盟链表将在2023年11月30日前通过。
TEN-E规范2022还为欧盟链表中所有项目规定了新义务PCIs和PMI必须满足强制可持续性标准,并依照举例说,估计耗资8 000亿欧元提高近海可再生能源的摄取量,根据欧盟绿色交易目标,其中三分之二将用于相关电网基础设施。电力传输配电网单实现2030目标每年估计平均投资505亿欧元。
并举,帮助支付巨额费用,欧盟清单上的PCIs和PMIs可能有资格获得财政援助:
连接欧洲机制下Finance支持