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174 WASTE HEAT AND EUROPEAN CLEAN ENERGY POLICIES It is important to understand, however, that this value is highly theoretical and varies greatly from case to case, as it depends on the location of the industrial installation and the energy mix of the respective power supplier. In Norway (which participates in the ETS but does not count toward the stated EU-27 energy mix), power generation is 98.5% hydro-based ‘and as such, practically CO2 free’,115 while 92% of Polish electricity is generated from coal.116 Consequently, the Commission is calculating with a range of transfer factors between 400g and 900g CO2/kWh.117 It follows that, even though the European electricity grids in the central western area and the Nordic area are transnational,118 the reduction of allowances indirectly paid for can still be expected to be much greater in Poland than in Norway. 4.3 Summary The application of the EU-ETS and, specifically, of the rules governing the free allocation of allowances to installations generating industrial waste heat and electricity derived therefrom leads to the following result: The emissions occurring in processes generating industrial waste heat are, in principle, type (b) process emissions within the meaning of Article 3(h) Benchmarking Decision. This means that 72.75% are eligible for free allocation. The additional production of electricity from that heat does not add to the amount of allowances that have to be surrendered; instead, it allows the emissions to be interpreted as type (c) process emissions with a 25% share of incompletely oxidised carbon, resulting in 91.14% of emissions covered by free allowances. Meanwhile, on-site consumption of waste heat electricity can replace conventional grid power and, that way, reduce payments for allowances passed through alongside the energy price by the power suppliers. 5 CRITICAL REVIEW OF THE SCHEME AND ITS APPLICATION The analysis in section 4 raises questions about the validity of some provisions in the ETS-Directive and the Benchmarking Decision as well as about the authority of the understanding of these provisions as communicated in the Guidance Documents issued by the DG CLIMA. The first question concerns the fact that ferro-alloy producers have no prospect of receiving 100% of the preliminary annual amount of allowances allocated for free. This might be a wrongful implementation of the ETS-Directive, which provides in Article 115 Energy Norway, Federation of Norwegian Industries and Industri Energi, ‘Carbon Price Transfer in Norway’ (2011) 3. 116 EFTA, Finnfjord Decision (2011) para 3.3.1; Commission, ‘Poland – Energy Mix Fact Sheet’ (2007) 2. 117 Commission, 'Impact Assessment Report: Guidelines on certain State aid measures in the context of Greenhouse Gas Emission Allowance Trading Scheme' (Staff Working Document) SWD(2012) 130 final Part 4, para 4.5.2. 118 Ibid, para 4.5.2.PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
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