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Case C-158/15: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 3 April 2015 — Elektriciteits Produktiemaatschappij Zuid-Nederland NV v het bestuur van de Nederlandse Emissieautoriteit
ECLI:EU:UNKNOWN:62015CN0158
62015CN0158
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Valentina R., lawyer
22.6.2015
EN
Official Journal of the European Union
C 205/18
(Case C-158/15)
(2015/C 205/25)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Elektriciteits Produktiemaatschappij Zuid-Nederland NV
Other party: het bestuur van de Nederlandse Emissieautoriteit
Questions referred
1.Does a situation such as the present, where coal is stored in a coal park where CO₂ emissions occur as a result of self-heating, where the centre of the coal park is about 800 meters distant from the edge of the coal-fired power plant, where the two sites are separated from each other by a public road and where the coal is transported from the storage site to the power plant by means of a conveyor belt passing over the road, fall within the scope of the term ‘installation’ as referred to in Article 3(e) of Directive 2003/87/EC (1) 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?
2.Does ‘fuel exported from the installation’ in Article 27(2) of Commission Regulation (EU) No 601/2012 (2) 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 refer to a situation such as the present, where coal is lost during storage in the coal park due to combustion resulting from self-heating?
(1) OJ 2003 L 275, p. 32.
(2) OJ 2012 L 181, p. 30.