The German Greenhouse Gas Emission Allowance Trading Act (TEHG) and the 2030 German Emissions Trading Ordinance (EHV)
In Germany, the EHRL was implemented by the (amended) Greenhouse Gas Emissions Trading Act, which came into force on 25/01/2019 (Act on the Adaptation of the Legal Basis for the Further Development of the European Emissions Trading System 1 of 18/01/2019, Federal Law Gazette I, page 37). The TEHG has applied since 01/01/2024 and entered into force on 06/03/2025 (Greenhouse Gas Emissions Trading Act of 27 February 2025 (Federal Law Gazette 2025 I No. 70)). The Emissions Trading Ordinance 2030 (EHV 2030) contains more detailed German regulations on the TEHG and the allocation rules.
The EU Allocation Regulation (EU Allocation Regulation) entered into force on 28/02/2019 (Delegated Regulation (EU) 2019/331, Official Journal of the European Union L 59 of 27/02/2019, page 8). It sets out the EU-wide allocation rules for the first allocation period of the fourth trading period. The regulation is binding, applies in every member state and is therefore aimed directly at installation operators, verifiers and competent authorities.
Information and regulations of the European Commission
The EU Allocation Regulation contains standardised EU requirements for free allocation, the application process and the scope and methodology of data collection. Data collection for the fourth trading period serves to determine the amount of free allocation for installations and also to provide the data required for the European Commission to update the emission values (benchmarks). It contains specific provisions on the monitoring, transmission and verification of data as well as the allocation rules for existing installations and new entrants, provisions on the cessation of operation of an installation, the splitting and merging of installations and the possibility of waiving free allocation.
The European Commission will adopt further legislation for the fourth trading period, including the updated Carbon Leakage List. In addition, the revised version of the Accreditation and Verification Regulation (AVR), which lays down the requirements for verifying allocation applications, has been in effect since 01/01/2019.
In order to interpret the Regulation, the Commission has published eight Guidance Documents which provides a thorough explanation of the allocation rules and data requirements, particularly for the baseline data report and methodology report/methodology plan.
Provisional allocation amounts for the first allocation period (2021 to 2025)
Here you can find the so-called NIMs list (NIMs = National Implementation Measures) pursuant to Article 14 of Delegated Regulation (EU) 2019/331. The NIMs list contains the provisional allocation quantities of existing stationary installations in Germany for the allocation period 2021 to 2025. It does not include new entrants and installations that will participate in emissions trading in the fourth trading period but will not receive an allocation, as well as aircraft operators. The provisional allocation quantities published here are also published in the Federal Gazette (Bundesanzeiger).
NIMs list 2021 (available in German only)
National allocation table (NAT)
The European Commission has completed its review of the allocation quantities for existing installations for the first allocation period of the fourth trading period (2021 to 2025) and approved the German allocation decisions on 29/06/2021. The allocation quantities shown in the national allocation table (NAT) reflect - based on the allocation applications and applying the correction factors - the final allocation quantities as approved by the European Commission. The allocation quantities take into account the cross-sectoral correction factor (CSCF) of 1 for existing installations (except power generators) in accordance with the European Commission decision on the CSCF of 31/05/2021.
National allocation table (available in German only)
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