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The adopted Delegated Decision presents the outcome of the first and second-level assessments needed to determine the carbon leakage list for 2021-2030. An Impact Assessment accompanies the Commission Decision, focusing on the operational options related to the second-level assessment framework. Following the two-month period, the Delegated Decision will be published in the Official Journal and will enter into force on the day following the publication. It will apply from 1 January 2021 onwards. The new carbon leakage list will cover the entire 10-year period of phase 4 of the EU ETS. The carbon leakage list identifies 63 sectors and sub-sectors covering about 94% of industrial emissions (98% of industrial emissions covered by the carbon leakage list 2015-2020) that have satisfied the criteria laid down in the revised EU ETS Directive.

Throughout the legislative process, the Commission held two public consultations and a number of bilateral meetings with industry and other stakeholders. Two dedicated stakeholder workshops were organised, on 2 March 2018 and 16 May 2018 respectively, and discussions took place with industry stakeholders and the Climate Change Policy Expert Group.

In contrast to the current carbon leakage list valid for 2015-2020 (EU ETS phase 3), the list for phase 4 is the result of a new assessment criterion that combines emission intensity and trade intensity, which must be above 0.2 threshold. The Commission assessed 245 industrial sectors classified under the 'Mining and quarrying' and 'Manufacturing' sections of the NACE statistical classification of economic activities.

In May 2018, the European Commission published the preliminary carbon leakage list for EU ETS phase 4. It presented the results of the first-level assessment, i.e. those sectors at NACE-4 level directly qualifying for the new carbon leakage list, and listed the sectors and sub-sectors eligible to apply for the second-level assessment based on criteria laid down in the EU ETS Directive. All second-level assessments, including quantitative disaggregated and qualitative assessments, were finalised in September 2018. The draft delegated act establishing the list of sectors and subsectors deemed at risk of carbon leakage for phase 4 of the EU ETS was published on the Better Regulation Portal for a 4-week stakeholder feedback period from 5 December 2018 until 2 January 2019.

Read more:

• Commission Decision on the carbon leakage list for 2021-2030, the Annex, the Impact Assessment accompanying the Commission Decision and the Executive summary of the Impact Assessment.
• Commission Delegated Regulation on free emission allowances
• The revised EU ETS Directive (Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814)