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160 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES significantly lower than the total amount of emissions distributed. Therefore, a share of 80% of this quantity can amount for less than 50% of total allowances.32 However, the Directive provides that, in order to avoid carbon leakage, installations in sectors exposed to a significant risk thereof will be subject to a CLEF of 100% until 2020.33 3.2 Regulatory Implementation: Benchmarking and Fall-back Methods 3.2.1 Rules and Their Hierarchy It has been stated above that in the third trading period of the emission trade, auctioning is to be the rule and free allocation the exception (Article 10(1) ETS-Directive). Hence, allowances are to be allocated for free only to a certain amount. This amount is the CLEF share (i.e. in 2013, 80%, see above) of the so-called ‘preliminary annual number of emission allowances’.34 The preliminary annual number of emission allowances of every installation is to be determined in accordance with the Benchmarking Decision, which has been adopted by the Commission pursuant to Article 10a(1)(1) of the Directive.35 In principle, the Benchmark Decision provides guidelines for the exception to the rule of auctioning for all stationary installations under the ETS-Directive.36 The power sector, however, ‘given its ability to pass on the increased cost of carbon dioxide,’37 is exempted from the exception (Article 10a(1)(3), last sentence); hence, there is no free allowance allocation for electricity production. The main tool to determine the preliminary annual number of emission allowances for an installation is the benchmarking of product groups produced in the installations. This method is to be applied ‘to the extent feasible,’38 in cases where product benchmarks could not be established, fall-back approaches will apply.39 In the following, both approaches will be examined. 3.2.2 Benchmarking Benchmarks are performance standards for products used to determine the preliminary annual number of emission allowances.40 The Commission’s Benchmarking Decision establishes ‘benchmarks for 53 industry product groups covering 75% of industrial 32 Commission, 'Questions and Answers: Auctioning – general' (European Commission, 28 July 2011)PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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