After the vote on the Emission Trading System ETS, last December the EU Commission is now embarking on a tedious task to adopt Community wide and fully-harmonised implementing measures for allocating the allowances referred to in paragraphs 4, 7 and 12 including any necessary provisions for a harmonised application of paragraph 18. According to art 10a of the directive “those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).” The measures referred to in the first subparagraph shall, to the extent feasible, determine Community-wide ex ante benchmarks so as to ensure that allocation takes place in a manner that gives incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, use of biomass and capture and storage of carbon dioxide, where such facilities are available, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and electricity produced from waste gases. The EHA has asked to be able to partcipate in the benchmarking process to reduce the consequences for the commercial development of hydrogen and fuel cell applications.