The legal requirements of the European Union are in turn implemented in the respective national laws and regulations of the member states.
You can use the following websites for further information and research
International
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The first Signatory Parties Conference took place in Berlin in 1995. The Berlin Mandate laid the foundation for the Kyoto Protocol, which came into force ten years later.
Further information
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The Marrakesh Accords are the result of the 7th Climate Conference's negotiations, which took place in Marrakesh in 2001. They include decisions regarding the Kyoto Protocol, the project mechanisms, sinks, and technology transfer.
Further information
- Marrakesh Accords Volume I Marrakesh Accords Volume I (21/01/2002, PDF, 159KB, File does not meet accessibility standards)
- Marrakesh Accords Volume II Marrakesh Accords Volume II (21/01/2002, PDF, 174KB, File does not meet accessibility standards)
- Marrakesh Accords Volume III Marrakesh Accords Volume III (21/01/2002, PDF, 191KB, File does not meet accessibility standards)
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The political process leading to climate protection began in the late 1980s. Its first result was the Climate Convention, signed by almost all countries in Rio de Janeiro in 1992. Its proper name is United Nations Framework Convention on Climate Change (UNFCCC). It contains the objective "to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. All countries are called upon to contribute "in accordance with their common but differentiated responsibilities and respective capabilities."
Further information
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The Kyoto Protocol was adopted in 1997 by the Third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC). It came into force in 2005 and is the world's first binding treaty under international law to curb climate change. It obliges the participating countries to reduce emissions of climate-damaging gases.
It includes two commitment periods - the first from 2008 to 2012 and the second from 2013 to 2020, during which the industrialised countries listed in Annex B of the Protocol undertook to reduce their greenhouse gas emissions. The second commitment period (2013 to 2020) of the Kyoto Protocol, which was adopted at the eighth Conference of the Parties (CMP 8) to the Kyoto Protocol in Doha in 2012, ended on 31/12/2020.
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The Paris Agreement is the follow-up agreement to the Kyoto Protocol. It was adopted on 12/12/2015 at the Conference of the Parties to the Framework Convention on Climate Change and entered into force on 04/11/2016. From 2021, the agreement adopted in 2015 will also apply to global climate protection. The international community is committed to limiting global warming to well below 2 degrees Celsius, but preferably to 1.5 degrees Celsius, compared to pre-industrial levels. For the first time, not only industrialised countries, but also developing and emerging countries are obliged to make climate protection contributions. The EU has committed to reducing its greenhouse gas emissions by at least 55 per cent by 2030 compared to 1990 levels.
Further information
European Emissions Trading System 1 (EU-ETS 1)
European law
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This regulation is the legal basis for the verification of greenhouse gas emission reports, tonne-kilometre reports and the accreditation of verifiers.
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This Regulation contains provisions on the approval and assessment of monitoring plans and the verification of emission reports and aggregated emission data at company level and sets out the procedures for the accreditation of verifiers.
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Implementing Regulation (EU) 2021/447 of 12/03/2021 establishing adjusted benchmarks for the free allocation of emission allowances for the period 2021 to 2025.
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The so-called Burden Sharing is a Europe-wide agreement made by the then 15 Member States (EU-15) in 1998. It defines how the collective pledge to reduce emissions made in the Kyoto Protocol is split into individual reduction targets for the respective Member States. Germany committed itself to a 21 percent reduction in its greenhouse gas emissions. The Burden-Sharing-commitment applied to the 2008 to 2012 emissions.
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The European Commission’s decision establishing a new carbon leakage list is the basis for the calculation of the free allocation.
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In addition to Burden Sharing, the so-called Effort Sharing Decision specifies further reduction targets for the EU Member States by 2020. Germany committed itself to an additional reduction of 14 percent (based on 2005 to 2020 emissions).
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The EU Emissions Trading Directive is the basis of the combined emission trading system among EU Member States, the so-called EU ETS 1 and gives detailed specifications for this system.
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This regulation sets the binding target of achieving climate neutrality in the Union by 2050 and establishes the binding Union target for the reduction of net greenhouse gas emissions for 2030.
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The Linking Directive "links" (as the name implies) the internationally agreed pledges made in the Kyoto Protocol regarding project-based mechanisms to the EU ETS 1. Thus, not only the signatory states of the Kyoto Protocol, but also companies, can offset credits from these projects in emissions trading.
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The Monitoring Regulation defines how greenhouse gas emissions have to be monitored and reported.
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In order to reduce greenhouse gas emissions from maritime transport in a cost-effective manner, this Regulation lays down rules for the accurate monitoring, reporting and verification of greenhouse gas emissions and other relevant information from ships arriving in, staying in or departing from a port in the territory of a Member State.
Regulation (EU) 2015/757 of the European Parliament and of the Council of 29/04/2015
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The EU Registry Regulation regulates the functional and technical basis for the Union Registry.
Regulations (EU) 2019/1122 currently apply to the area of the EU ETS 1 and (EU) No. 389/2013 to the Kyoto area.Delegated Regulation (EU) 2019/1122 supplementing and concerning the functioning of the Union Registry has already been amended three times by the following Delegated Regulations
Delegated Regulation (EU) 2019/1124 of 13 March 2019 amending (EU) 2019/1122
Delegated Regulation (EU) 2023/1642 of 14 May 2023 amending (EU) 2019/1122
Delegated Regulation (EU) 2023/2904 of 25 October 2023 amending (EU) 2019/1122
The following version is a consolidated version of Regulation (EU) 2019/1122, including the amendments made by Regulations (EU) 2019/1124 and (EU) 2013/1642
At the same time, however, the part of Regulation (EU) No 389/2013 that applies to the technical implementation of the Kyoto Protocol and thus to the national Kyoto registry until the end of 2025, e.g. for person holding accounts in the national Kyoto registry, still applies. It has been amended several times by subsequent regulations:
EU Delegated Regulation 2015/1844
Regulation (EU) 2018/208 of 12/02/2018
Delegated Regulation (EU) 2019/1123
The above-mentioned Delegated Regulation (EU) 2019/1122 repeals Regulation (EU) No 389/2013 for the area of the EU ETS 1, but amends Regulation (EU) 389/2013 again in its Article 87.
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The Annex to this Regulation lists the neighbouring container handling ports in accordance with Article 3ga(2) of the EHRL. The subordinate legal acts of the European Commission for maritime transport contain supplementary regulations regarding the EU Maritime Transport Regulation and the implementation of the EHRL.
Subordinate Acts
Implementing Regulation (EU) 2023/2297 on the designation of neighbouring container handling ports
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Commission Implementing Decision (EU) 2021/927 regulates the uniform cross-sectoral correction factor for the adjustment of free allocations of emission allowances for the period 2021 to 2025. It entered into force on 31/05/2021.
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This Regulation lays down rules on the timing, administration and other aspects of the auctioning of allowances pursuant to Directive 2003/87/EC.
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Commission Implementing Regulation (EU) 2019/1842 regulates the annual reporting on activity levels and the adjustments to free allocation of emission allowances to reflect activity level changes within the 4th trading period. It entered into force on 24/11/2019.
Commission Implementing Regulation (EU) for adjusting free allocation
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The EU Allocation Regulation of 19 December 2018 (Commission Delegated Regulation EU 2019/331) lays down EU-wide transitional provisions for the harmonisation of the free allocation of emission allowances from 2021.
German law
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Special Fees Ordinance of the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection for individually attributable public services in its area of responsibility of 30/06/2021, last amended on 05/09/2023.
Available in German only.
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The DEV 2020 came into force on 25/07/2009 and forms the legal basis for determining certain data relevant to emissions trading. It also applies to aircraft operators.
Available in German only.
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The Ordinance on the Implementation of the Greenhouse Gas Emissions Trading Act in the Trading Period 2021 to 2030 (Emissions Trading Ordinance 2030 - EHV 2030) specifies the provisions of the Greenhouse Gas Emissions Trading Act (TEHG) for the trading period 2021 to 2030. Among other things, it contains additional data requirements for applying for free allowances and the legal basis for exempting small emitters. It also continues existing regulations from the 3rd trading period.
Available in German only.
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The German Greenhouse Gas Emission Allowance Trading Act (TEHG) implements the EU Directive on the European Emissions Trading Scheme at a national level.
Available in German only.
EU Maritime Emissions (only MRV)
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In order to reduce greenhouse gas emissions from maritime transport in a cost-effective manner, this regulation lays down rules for the accurate monitoring, reporting and verification of greenhouse gas emissions and other relevant information from ships arriving in, staying in or departing from a port in the territory of a Member State.
Further information
- Verordnung (EU) 2015/757 des Europäischen Parlaments und des Rates vom 29.04.2015 (Stand 01.01.2024)
- TEHG vom 18.07.2017
- Commission Delegated Regulation (EU) 2023/2776 of 12/10/2019 amending Regulation (EU) 2015/757/ as regards rules for the monitoring of greenhouse gas emissions from maritime transport.
- Implementing Regulation (EU) 2023/2449 on templates for monitoring plans, emission reports and compliance documents
- Liste der Schifffahrtsunternehmen mit Angabe der für ein Schifffahrtsunternehmen zuständigen Verwaltungsbehörde ((EU) 2024/411)
National Emissions Trading (nEHS)
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From 2021, the Fuel Emissions Trading Act (Brennstoffemissionshandelsgesetz – BEHG) will introduce national trading of certificates for emissions from fuels. It supplements the European Emissions Trading System (EU ETS 1).
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The energy tax is used to charge taxes on the use of fuels and heating materials within Germany. The consumption tax is levied uniformly and indirectly nationwide on fossil and renewable energies.
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The Fuel Emissions Trading Ordinance (BEHV) regulates the sale of certificates in national emissions trading and the nEHS-Registry.
Further information
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The emissions reporting ordinance 2022 regulates emissions reporting in national emissions trading exclusively for the period 2021 and 2022.
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The Emissions Reporting Ordinance 2030 regulates emissions reporting in national emissions trading for the years 2023 to 2030.
Further information
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The BECV is the ordinance on measures to prevent carbon leakage through national fuel emissions trading based on Section 11 (3) of the BEHG.
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State aid SA.63191 (2023/N) - Germany: Granting of an aid to avoid carbon leakage and to maintain its cross-border competitiveness under Fuel Emissions Trading Act.
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Announcement of the directive on the granting of equity payments for financial compensation to companies to avoid undue hardship caused by the introduction of national fuel emissions trading pursuant to the Fuel Emissions Trading Act "BEHG-Härtefallkompensation" (BEHG hardship compensation).
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Announcement of the general ruling on the "BEHG hardship compensation" directive.
Electricity Price Compensation (SPK)
Carbon Border Adjustment Mechanism (CBAM)
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The EU CBAM Regulation (2023/956) came into force in May 2023. After a two-year transition phase, starting on 1 October 2023, the regular phase will follow from 01/01/2026. The CBAM will be gradually expanded from 2026 to 2034.
Project Mechanisms
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The Upstream Emission Reduction Ordinance (UERV) sets out the legal framework for companies that market liquid fuels in Germany and are subject to a greenhouse gas reduction quota, to allow them to meet a part of their quota using upstream emission reductions (UER) from 2020 onwards.
The UERV entered into force on 30/01/2018.
Further information