Case C‑461/15

E.ON Kraftwerke GmbH

v

Bundesrepublik Deutschland

(Request for a preliminary ruling from the Verwaltungsgericht Berlin)

‛Reference for a preliminary ruling — Environment — Greenhouse gas emission allowance trading scheme within the European Union — Directive 2003/87/EC — Harmonised free allocation of emission allowances — Decision 2011/278/EU — Change to the allocation — Article 24(1) — Obligation of the operator of the installation to provide information — Scope’

Summary — Judgment of the Court (Sixth Chamber), 8 September 2016

Environment — Atmospheric pollution — Directive 2003/87 — Greenhouse gas emission allowance trading scheme — Transitional rules for free allocation of quotas — Obligation of Member States to ensure that operators provide information on changes to their installations — Scope

(European Parliament and Council Directive 2003/87, Art. 10a; Commission Decision 2011/278, Art. 24(1))

Article 24(1) of Decision 2011/278 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87 must be interpreted as not precluding a Member State from requiring undertakings which, being subject to the greenhouse gas emission allowance trading obligation within the European Union, receive a free allocation of those allowances to provide information relating to all planned or effective changes to the capacity, activity level and operation of an installation, without limiting that requirement solely to information relating to changes that would affect the allocation.

It may be seen from the provisions of Article 24 of that decision that they aim to take account of changes to the operation of installations, in order for the Member States, in a first stage, to determine the number of emission allowances allocated free of charge to each incumbent installation on their territory and for the Commission, in a second stage, to determine the final total annual amount of emission allowances allocated free of charge.

In that context, Member States should ensure that data collected from the operators and used for allocation purposes is complete, consistent and presents the highest achievable accuracy. It is therefore for the Member States to determine themselves what relevant information for the competent authorities must be collected from the operators.

(see paras 36, 37, 40, operative part)