E-2/25
Klik hier voor het dossier van het EVA-hof (voor zover beschikbaar).
Deadlines: Motivation ministry: Written observations: Keywords: ETS
Subject: Directive 2003/87/EC (ETS Directive) and European Commission’s “Guidance on Interpretation of Annex I of the EU ETS Directive” of 18 March 2010
The Norwegian Court of Appeal has requested an advisory opinion from the EFTA Court on whether FREVAR and SAREN’s combustion installations fall under the EU’s emissions allowance system. The issue is whether the installations are exempt as waste incineration units or subject to allowance obligations. The appellants argue that classification should depend on what is actually incinerated, not the installations’ main purpose. The request follows an ECJ ruling supporting this view and seeks clarification on a related provision in the Directive.
Request for an advisory opinion: 1) Must the first activity listed in Annex I to Directive 2003/87/EC be interpreted as meaning that all installations for the incineration of hazardous or municipal waste are excluded from the scope of the Directive, including those which do not have waste incineration as their sole purpose, provided that they are used for the incineration of other waste only marginally?
2) If question 1 is answered in the negative, what is to be the subject-matter of assessment and which factors are relevant in the assessment of the exception in the first activity listed in Annex I to the ETS Directive?
Cited (recent) case-law: Case C-166/23 Naturvårdsverket v Nouryon Functional Chemicals AB
Policy Area: EZ
