August 03
2021
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Trajan Shipley
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21st July 2021
Consumer, Health & Environment Energy & Transport

General Court to decide on validity of using iron ore pellets as benchmark for the transitional free allocation of greenhouse gas emission allowances

Official publication has been made of an action for annulment (Luossavaara-Kiirunavaara v Commission, T-244/21) challenging a European Commission Decision (2021/355) that rejected Swedish national implementing measures for the transitional free allocation of greenhouse gas emission allowances concerning the correct use of benchmarks.

Specifically, Sweden had proposed that it would use different benchmark sub-installations for the production of iron ore pellets, and thereby submitted data based on a sintered ore sub-installation. However, according to the Commission, the benchmark for iron ore pellets is defined in Annex I to Delegated Regulation 2019/331, and Article 10a(2) of Directive 2003/87 does not provide for any adjustment

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