Legislation and references

The EU ETS is regulated on the basis of EU legislative acts. There are different types of acts, such as directives, regulations and decisions.

A directive has to be transposed into national law.

A regulation applies directly in each member state and no new national laws must be established. However, national legislation may need to be adapted due to the content of the regulation.

A decision is binding on those to which it is addressed and is directly applicable without having to be transposed into national law.

EU-directives and regulations

  • The ETS Directive - Directive 2003/87/EC of the European parliament and of the council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96/61/EC.

  • The Registry Regulation - Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011.

  • The Monitoring and reporting Regulation - Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council.

  • The Auctioning Regulation - Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community.

  • The RICE Regulation - Commission Regulation (EU) No 1123/2013 of 8 November 2013 on determining international credit entitlements pursuant to Directive 2003/87/EC of the European Parliament and of the Council

  • The Effort Sharing Decision - Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020.

  • Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/ECThe Effort Sharing Regulation.

  • The LULUCF Regulation.

  • The General Data Protection Regulation –  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

Swedish legislation

Other references

Decisions adopted by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (PDF).