140 tal-2005 - Regolamenti tal-2005 dwar Skema Kummerċjali tal-Komunità Ewropea dwar l-Emissjonijiet ta’ Gassijiet Serra

L.N. 140 of 2005

ENVIRONMENT PROTECTION ACT

(CAP. 435)

European Community Greenhouse Gas Emissions Trading

Scheme Regulations, 2005

BY VIRTUE of the powers conferred by article 9 of the

Environment Protection Act, the Minister for Rural Affairs and the

Environment has made the following regulations>-

(1) The title of these regulations is the European Community Citation and scope.

Greenhouse Gas Emissions Trading Scheme Regulations, 2005.

(2) These regulations provide for the implementation in

Malta of a scheme for greenhouse gas emissions allowance trading

within the European Community in order to promote reductions of

greenhouse gas emissions in a cost-effective and economically efficient

manner. They transpose Directive 2003#87#EC of the European

Parliament and of the Council of the 13th October, 2003 establishing a

scheme for greenhouse gas emission allowance trading within the

Community and amending Council Directive 96#61#EC.

(1) For the purpose of these regulations and unless the context Interpretation.

otherwise requires>

“allowance” means an allowance to emit one tonne of carbon

dioxide equivalent during a specified period, which shall be valid

only for the purposes of meeting the requirements of these

regulations and shall be transferable in accordance with the

provisions of these regulations<

“the competent authority” means the Malta Environment and

Planning Authority<

“emissions” means the release of greenhouse gases into the

atmosphere from sources in an installation<

“greenhouse gases” means the gases listed in Annex 2<

“greenhouse gas emissions permit” means the permit issued

in accordance with regulations 4 and 5<

“installation” means a stationary technical unit where one or

more activities listed in Annex 1 are carried out and any other

directly associated activities which have a technical connection

with the activities carried out on that site and which could have an

effect on emissions and pollution<

”Kyoto Protocol” means the Kyoto Protocol to the United

Nations Framework Convention on Climate Change<

“the Minister” means the Minister responsible for the

environment<

“new entrant” means any installation carrying out one or more

of the activities indicated in Annex 1, which has, subsequent to

the notification of the national allocation plan, obtained>

(i) a greenhouse gas emissions permit, or

(ii) an update of its greenhouse gas emissions permit

because of a change in the nature or functioning or an

extension of the installation<

“operator” means any person who operates or controls an

installation or, to whom decisive economic power over the technical

functioning of the installation has been delegated<

“the public” means one or more persons and associations,

organizations or groups of persons<

“tonne of carbon dioxide equivalent” means one metric tonne

of carbon dioxide (CO 2 ) or an amount of any other greenhouse gas

listed in Annex 2 with an equivalent global warming potential.

(2) These regulations apply to emissions from activities

listed in Annex 1 to these regulations and greenhouse gases listed in

Annex 2 to these regulations.

No person shall carry out any activity listed in Annex 1 to

these regulations resulting in emissions specified in relation to that

activity unless its operator holds a permit issued by the competent

authority in accordance with regulations 4 and 5.

(1) An operator of an installation carrying out an activity

listed in Annex 1 to these regulations during a period referred to in sub-

regulations 10(1) and 10(2) shall apply for a greenhouse gas emissions

permit for that installation prior to notification of the National Allocation

Plan referred to in regulation 8 for that period.

(2) An operator shall, in accordance with sub-regulation (1)

submit an application to the competent authority for a greenhouse gas

emissions permit which shall include a description of>

(i) the installation and its activities, including the technology

used<

(ii) the raw and auxiliary materials, the use of which is likely

to lead to emissions of gases listed in Annex 1<

(iii) the sources of emissions of gases listed in Annex 1 from

the installation<

(iv) the measures planned to monitor and report emissions

in accordance with regulation 13<

(v) any other appropriate information requested by the

competent authority<

(vi) a non-technical summary of the details referred to in

the previous subparagraphs of this regulation.

(3) The competent authority may, from time to time,

establish such fees it may charge in respect of any such permit, or any

renewal thereof.

(1) After receipt of an application for a greenhouse gas Conditions for and

contents of the

emissions permit, the competent authority shall issue a greenhouse gas greenhouse gas

emissions permit granting authorization to emit greenhouse gases from emissions permit.

all or part of the installation for which the application for a permit is

made, if the competent authority is satisfied that the operator of the

installation can comply with the conditions of these regulations and is

capable of monitoring and reporting emissions.

(2) A greenhouse gas emissions permit issued by the

competent authority may cover one or more installations on the same

site operated by the same operator.

(3) The competent authority, when issuing a greenhouse gas

emissions permit, shall ensure that the permit shall include the following>

(i) the name and address of the operator<

(ii) a description of the activities and emissions from the

installation<

(iii) monitoring requirements, specifying monitoring

methodology and frequency<

(iv) reporting requirements<

(v) requirements for any other information to be notified

to the competent authority<

(vi) an obligation to surrender allowances equal to the total

emissions of the installation in each calendar year, as verified in

accordance with regulation 14, within four months following the

end of that year<

(vii) requirements to pay penalties for non-compliance under

sub-paragraph (vi) above.

(1) The operator of an installation for which a greenhouse

gas emissions permit has been issued, shall inform the competent

authority of>

(i) any changes planned in the nature or functioning of the

installation, or

(ii) any extension of the installation,

which may require an updating of the greenhouse gas emissions

permit>

Provided that any such notification must be made at least one month

prior to such change or extension.

(2) The competent authority shall, where appropriate, update

the greenhouse gas emissions permit accordingly>

Provided that the competent authority may, at any time, vary the

conditions of the permit in such a manner as it may deem fit.

(3) Where there is a change in the identity of the operator

of the installation, the competent authority shall update the permit to

include the name and address of the new operator>

Provided that the competent authority shall be notified of the change

in the identity of the operator of the installation before such a change

has effectively taken place.

(4) Where an operator has ceased carrying out the Annex 1

activities authorised by a greenhouse gas emissions permit (in whole or

in part), the operator may>

(i) if he has ceased carrying out all of the Annex 1 activities

covered by the greenhouse gas emissions permit, apply to the

competent authority to surrender the whole permit<

(ii) in any other case, apply to the competent authority to

surrender the greenhouse gas emissions permit in so far as the

competent authority authorizes the carrying out of the particular

Annex 1 activities which he has ceased carrying out.

(5) The competent authority may at any time revoke a

greenhouse gas emissions permit, in whole or in part, by serving a notice

on the operator.

(1) The competent authority shall take the necessary Coordination with

L.N. 234 of 2002.

measures to ensure that, where installations carry out activities that are

included in Schedule 1 of the Integrated Pollution Prevention and Control

Regulations, 2002, the conditions of, and procedure for, the issue of a

greenhouse gas emissions permit are coordinated with those for the

permit provided for in those regulations.

(2) The requirements of regulations 4, 5 and 6 of these

regulations may be integrated into the procedures for integrated pollution

prevention and control permitting provided for in the Integrated Pollution

Prevention and Control Regulations, 2002.

(1) The Minister shall ensure that a National Allocation Plan National Allocation

Plan.

shall be developed for each period as specified in sub-regulations 10(1)

and 10(2).

Provided that for each five-year period, the plan shall be

published and notified to the European Commission and to the other

European Union Member States at least 18 months before the beginning

of the relevant period.

(2) The Minister shall ensure that the National Allocation

Plan for each period as referred to in sub-regulation (1) shall set out the

total quantity of allowances that are to be allocated for that period and

how such allowances are to be allocated.

(3) The Minister shall ensure that the National Allocation

Plan shall be based on objective and transparent criteria, including those

listed in Annex 3 to these regulations.

(4) The competent authority shall ensure that a draft National

Allocation Plan shall be published for public comment and due account

taken of such comments.

(5) The competent authority shall, before the beginning of

each period referred to in sub-regulations 10(1) and 10(2) publish, in

the Gazette, the National Allocation Plan for that period.

(1) For the three-year period beginning on the 1 st January,

2005, referred to in sub-regulation 10(1), at least 95% of the allowances

shall be allocated free of charge.

(2) For the five-year period beginning on the 1 st January,

2008, referred to in sub-regulation 10(2), at least 90% of the allowances

shall be allocated free of charge.

(1) For the three-year period beginning on the 1 st January,

Allocation and issue

2005, the competent authority, after obtaining the Minister’s approval

shall take a decision at least three months before the beginning of the

period, on the total quantity of allowances to be allocated for the period

and the allocation of those allowances to the operator of each installation

for the period. This decision shall be based on the National Allocation

Plan developed pursuant to regulation 8 and in accordance with

regulation 9, taking due account of comments from the public.

(2) For the five-year period beginning on the 1 st January,

2008, and for each subsequent five-year period, the competent authority,

after obtaining the Minister’s approval shall take a decision at least

twelve months before the beginning of the relevant period, on the total

quantity of allowances to be allocated for the period and the allocation

of such allowances to the operator of each installation for the period.

This decision shall be based on the National Allocation Plan developed

pursuant to regulation 8 for the relevant period and in accordance with

regulation 9, taking due account of comments from the public.

(3) Decisions taken by the competent authority after

obtaining the Minister’s approval, pursuant to sub-regulations 10(1)

and 10(2) shall be in accordance with the requirements of the Treaty

establishing the European Community, in particular Articles 87 and 88

thereof.

(4) Decisions on allocations taken by the competent

authority after obtaining the Minister’s approval shall take into account

the need to provide access to allowances for new entrants.

(5) The competent authority shall issue a proportion of the

total quantity of allowances to holders of greenhouse gas emissions

permit holders each year of the relevant period referred to in sub-

regulations 10(1) or 10(2) by the 28 th February of that year.

Transfer, surrender

(1) Allowances, shall be transferable between>

and cancellation of

allowances.

(i) persons within the Community<

(ii) persons within the Community and persons in third

countries listed in Annex B to the Kyoto Protocol, hereby attached

as Annex 6 to these regulations, which have ratified the Protocol

and with whom agreements are concluded for the mutual

recognition of allowances between the Community scheme and

other greenhouse gas emissions trading schemes, without

restrictions other than those contained in, or adopted pursuant to,

these regulations.

(2) Allowances issued by a competent authority of another

Member State of the European Community shall be recognized for the

purpose of meeting an operator’s obligations under sub-regulation 11(3).

(3) By the 30 th April of each year at the latest, the operator

of each installation shall surrender a number of allowances equal to the

total emissions from that installation during the preceding calendar year,

as verified in accordance with regulation 14.

(4) The competent authority shall ensure that allowances

surrendered in accordance to sub-regulation (3) shall be subsequently

cancelled.

(5) The competent authority may cancel allowances at any

time at the request of the person holding them.

(1) Allowances for emissions issued for a period as referred Validity of

allowances.

to in sub-regulations 10(1) and 10(2) shall only be valid for that period.

(2) Four months after the beginning of the first five-year

period as referred to in sub-regulation 10(2), the competent authority

shall cancel allowances which are no longer valid and have not been

surrendered and cancelled in accordance with sub-regulations 11(3) and

11(4).

(3) The competent authority shall not issue allowances to

persons for the first five-year period to replace any allowances held by

them which are cancelled in accordance with sub-regulation 12(2).

(4) Four months after the beginning of each subsequent five-

year period as referred to in sub-regulation 10(2), the competent authority

shall cancel allowances which are no longer valid and have not been

surrendered and cancelled in accordance with sub-regulations 11(3) and

11(4).

(5) The competent authority shall issue allowances to

persons for the current period to replace any allowances held by them

which are cancelled in accordance with sub-regulation 12(4).

(1) The operator of an installation for which a greenhouse

gas emissions permit has been issued shall monitor emissions from that

installation in accordance with the principles for monitoring set out in

Annex 4 to these regulations and the requirements of Commission

Decision 2004#156#EC.

(2) The operator of an installation for which a greenhouse

gas emissions permit has been issued shall report the emissions from

that installation during each calendar year to the competent authority

after the end of that year in accordance with the principles for reporting

set out in Annex 4 to these regulations and the requirements of

Commission Decision 2004#156#EC. The report on emissions shall be

submitted not later than four weeks prior to the 31 st March of each year.

(1) The report submitted by an operator pursuant to sub-

regulation 13(2) shall be verified in accordance with the criteria set out

in Annex 5 to these regulations. A verification report shall also be

submitted with the report of emissions to the competent authority.

Provided that operators shall ensure that their reports are

verified by an independent verifier as per Commission Decision

2004#156#EC.

(2) An operator whose report has not been verified as

satisfactory in accordance with the criteria set out in Annex 5 to these

regulations by the 31 st March of each year for emissions during the

preceding year, cannot make further transfers of allowances until a report

from that operator has been verified as satisfactory.

(1) Whosoever -

(i) for the three-year period beginning on the 1 st January,

2005, as referred to in sub-regulation 10(1), does not surrender

sufficient allowances by the 30 th April of each year to cover

emissions from that installation during the preceding year< or

(ii) for the five-year period beginning on the 1 st January,

2008, and subsequent five-year periods as referred to in sub-

regulation 10(2), does not surrender sufficient allowances by the

30 th April of each year to cover emissions from that installation

for the preceding year< or

(iii) fails to comply with any provision of these regulations

or fails to comply with permit conditions or with any order lawfully

given in terms of any provision of these regulations< or

(iv) contravenes any restriction, prohibition or requirement

imposed by or under these regulations< or

(v) acts in contravention of any of the provisions of these

regulations< or

(vi) conspires, or attempts, or aids, or abets, any other person

by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions (including any order

lawfully given in terms of any of the provision of these regulations)

or to contravene any restriction, prohibition or requirement imposed

by or under the said regulations,

shall be guilty of an offence under these regulations.

(2) Any person who commits an offence against these

regulations shall, on conviction, be liable>

(a) in the case of an infringement of paragraph (i) of sub-

regulation (1) hereof, to the payment of an excess emissions penalty

of sixteen Maltese liri (Lm16) for each tonne of carbon dioxide

equivalent emitted by that installation for which the operator has

not surrendered allowances<

(b) in the case of an infringement of paragraph (ii) of sub-

regulation (1) hereof, to the payment of an excess emissions penalty

of forty Maltese liri (Lm40) for each tonne of carbon dioxide

equivalent emitted by that installation for which the operator has

not surrendered allowances< and

(c) in any other case, on a first conviction, to a fine (multa)

of not less than five hundred Maltese liri (Lm500), but not

exceeding one thousand Maltese liri (Lm1,000) and on a second

conviction or subsequent convictions, to a fine (multa) of not less

than one thousand Maltese liri (Lm1,000), but not exceeding two

thousand Maltese liri (Lm2,000), or to imprisonment for a term

not exceeding two years, or to both such fine and imprisonment.

(3) Payment of the penalty as specified in sub-regulation

(2) shall not release the operator from the obligation to surrender an

amount of allowances equal to those excess emissions when surrendering

allowances in relation to the following calendar year.

(4) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of offences

against these regulations, so however that the disqualification from

holding or obtaining a licence, permit or authority shall in no case be

for less than one year.

(5) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure before

the said courts as courts of criminal judicature.

(6) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence against these regulations.

(7) The competent authority shall publish the names of

operators who are in breach of requirements to surrender sufficient

allowances under sub-regulation 11(3).

Decisions related to allocation of allowances and reports of

emissions required under the greenhouse gas emissions permit and held

by the competent authority shall be made available to the public by the

competent authority in accordance with the Freedom of Access to

Information on the Environment Regulations, 2001, and Directive

2003#4#EC of the 28th January, 2003, on public access to environmental

information.

(1) The competent authority shall establish and maintain a

registry in order to ensure the accurate accounting of the issue, holding,

transfer and cancellation of allowances. The competent authority may

maintain the registry in a consolidated system together with one or more

other Member States of the European Union.

(2) Any person may hold allowances.

(3) The registry shall be accessible to the public. The registry

shall contain separate accounts to record allowances held by each person

to whom and from whom allowances are issued or transferred.

(1) Operators of installations carrying out one of the Pooling.

activities listed in Annex 1 may be allowed to form a pool of installations

from the same activity for the three-year period referred to in sub-

regulation 10(1) and#or the first five-year period referred to in sub-

regulation 10(2), in accordance with sub-regulations 18(2) to 18(6).

(2) Operators carrying out an activity listed in Annex 1 who

wish to form a pool shall apply to the competent authority. In the

application, the operators shall specify the installations and the period

for which they want the pool. They shall also supply evidence that a

trustee will be able to fulfil the obligations referred to in sub-regulations

18(3) and 18(4).

(3)

Operators wishing to form a pool shall nominate a

trustee>

(i) to be issued with the total quantity of allowances

calculated by installation of the operators, by way of derogation

from regulation 10<

(ii) to be responsible for surrendering allowances equal to

the total emissions from installations in the pool, by way of

derogation from sub-regulations 5(3)(vi) and 11(3)<

(iii) to be restricted from making any further transfers in

the event that an operator’s report pursuant to sub-regulation 13(2)

has not been verified as satisfactory in accordance with sub-

regulation 14(2).

(4) The trustee shall be subject to the penalties applicable

for breaches of requirements to surrender sufficient allowances to cover

the total emissions from installations in the pool, by way of derogation

from regulation 15.

(5) The competent authority shall submit an application for

pooling made pursuant to sub-regulation 18(2), to the European

Commission, and pooling shall only be allowed subject to acceptance

by the Commission of the application or any amendments made pursuant

to proposals by the Commission.

(6) In the event that the trustee fails to comply with the

penalties referred to in sub-regulation 18(4), each operator of an

installation in the pool shall be responsible under sub-regulation 11(3)

and regulation 15 in respect of emissions from its own installation.

(1) In cases of force majeure, during the first three-year

period referred to in sub-regulation 10(1), an operator of an installation

may apply to the competent authority for that installation to be issued

with additional allowances. Circumstances under which force majeure

is demonstrated are described in the Communication from the

Commission COM(2003) 830 on guidance to assist Member States in

the implementation of the criteria listed in Annex III to Directive

2003#87#EC establishing a scheme for greenhouse gas emission

allowance trading within the Community and amending Council

Directive 96#61#EC, and on the circumstances under which force majeure

is demonstrated.

(2) Upon receiving an application for issuing of additional

allowances to an installation under force majeure, the competent

authority shall then apply to the European Commission so that the

installation can be issued with additional allowances. Any decision on

issuance of additional allowances shall be made in accordance with the

decision taken by the European Commission.

(3) Any additional allowances issued in cases of force

majeure are non-transferable.

ANNEX 1

Categories of Activities for which these Regulations apply as referred to in

Regulation 2

Activities

Energy activities

Combustion installations with a rated thermal input exceeding Carbon dioxide

20MW (except hazardous or municipal waste installations)

Mineral oil refineries

Coke ovens

Production and processing of ferrous metals

Metal ore (including sulphide ore) roasting or sintering Carbon dioxide

installations

Installations for the production of pig iron or steel (primary or Carbon dioxide

secondary fusion) including continuous casting, with a capacity

exceeding 2.5 tonnes per hour

Mineral industry

Installations for the production of cement clinker in rotary kilns Carbon dioxide

with a production capacity exceeding 500 tonnes per day or lime

in rotary kilns with a production capacity exceeding 50 tonnes

per day or in other furnaces with a production capacity exceeding

50 tonnes per day

Installations for the manufacture of glass including glass fibre Carbon dioxide

with a melting capacity exceeding 20 tonnes per day

Installations for the manufacture of ceramic products by firing, Carbon dioxide

in particular roofing tiles, bricks, refractory bricks, tiles,

stoneware or porcelain, with a production capacity exceeding

75 tonnes per day, and#or with a kiln capacity exceeding 4 m 3

and with a setting density per kiln exceeding 300kg#m 3

Activities

Greenhouse gases

Other activities

Industrial plants for the production of

Carbon dioxide

(a)

pulp from timber or other fibrous materials

(b) paper and board with a production capacity exceeding 20

tonnes per day

1. Installations or parts of installations used for research, development and testing of new products and processes

are not covered by these Regulations.

2. The threshold values given below generally refer to production capacities or outputs. Where one operator

carries out several activities falling under the same subheading in the same installation or on the same site, the

capacities of such activities are added together.

B

ANNEX 2

Greenhouse gases referred to in Regulation 2

Carbon dioxide (CO2)

Methane (CH4)

Nitrous Oxide (N 2 O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur Hexafluoride (SF 6 )

ANNEX 3

Criteria for National Allocation Plans referred to in Regulation 8

1. The total quantity of allowances to be allocated for the relevant period shall

be consistent with the state’s obligation to limit its emissions pursuant to Decision

2002#358#EC 1 and the Kyoto Protocol, taking into account, on the one hand, the

proportion of overall emissions that these allowances represent in comparison with

emissions from sources not covered by these Regulations and, on the other hand,

national energy policies, and should be consistent with the national climate change

programme. The total quantity of allowances to be allocated shall not be more than is

likely to be needed for the strict application of the criteria of this Annex. Prior to

2008, the quantity shall be consistent with a path towards achieving or over-achieving

the state’s target under Decision 2002#358#EC and the Kyoto Protocol.

2. The total quantity of allowances to be allocated shall be consistent with

assessments of actual and projected progress towards fulfilling the state’s contributions

to the Community’s commitments made pursuant to Decision 280#2004#EC 2 .

3. Quantities of allowances to be allocated shall be consistent with the potential,

including the technological potential, of activities covered by this scheme to reduce

emissions. The state may base its distribution of allowances on average emissions of

greenhouse gases by product in each activity and achievable progress in each activity.

4. The plan shall be consistent with other Community legislative and policy

instruments. Account should be taken of unavoidable increases in emissions resulting

from new legislative requirements.

5. The plan shall not discriminate between companies or sectors in such a way

as to unduly favour certain undertakings or activities in accordance with the

requirements of the Treaty 3 , in particular Articles 87 and 88 thereof.

6. The plan shall contain information on the manner in which new entrants will

be able to begin participating in the Community scheme in the state.

7. The plan may accommodate early action and shall contain information on

the manner in which early action is taken into account. Benchmarks derived from

Decision 2002#358#EC> Council Decision of the 25th April, 2002 concerning the approval, on behalf of the

European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change

and the joint fulfillment of commitments thereunder.

Decision 280#2004#EC> Decision of the European Parliament and of the Council of 11 February 2004 concerning

a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol.

Treaty establishing the European Community

B

reference documents concerning the best available technologies may be employed by

the state in developing its National Allocation Plans, and these benchmarks can

incorporate an element of accommodating early action.

8. The plan shall contain information on the manner in which clean technology,

including energy efficient technologies, are taken into account.

9. The plan shall include provisions for comments to be expressed by the public,

and contain information on the arrangements by which due account will be taken of

these comments before a decision on the allocation of allowances is taken.

10. The plan shall contain a list of installations covered by these Regulations

with the quantities of allowances intended to be allocated to each.

11. The plan may contain information on the manner in which the existence of

competition from countries or entities outside the European Union will be taken into

account.

ANNEX 4

Principles for Monitoring and Reporting referred to in Regulation 13

Monitoring of carbon dioxide emissions

Emissions shall be monitored either by calculation or on the basis of measurement.

Calculation

Calculations of emissions shall be performed using the formula>

Activity data x Emission factor x Oxidation factor

Activity data (fuel used, production rate etc.) shall be monitored on the basis of supply

data or measurement.

Accepted emission factors shall be used. Activity-specific emission factors are

acceptable for all fuels. Default factors are acceptable for all fuels except non-

commercial ones (waste fuels such as tyres and industrial process gases). Seam-specific

defaults for coal, and EU-specific or producer country-specific defaults for natural gas

shall be further elaborated. IPCC default values are acceptable for refinery products.

The emission factor for biomass shall be zero.

If the emission factor does not account of the fact that some of the carbon is not oxidized,

then an additional oxidation factor shall be used. If activity-specific emission factors

have been calculated and already take oxidation into account, then an oxidation factor

need not be applied.

Default oxidation factors developed pursuant to Directive 96#61#EC 4 shall be used,

unless the operator can demonstrate that activity-specific factors are more accurate.

A separate calculation shall be made for each activity, installation and for each fuel.

Measurement

Measurement of emissions shall use standardized or accepted methods, and shall be

corroborated by a supporting calculation of emissions.

Monitoring of emissions of other greenhouse gases

Standardised or accepted methods shall be used, developed by the Commission in

collaboration with all relevant stakeholders and adopted in accordance with the

procedure referred to in Article 23(2) of Directive 2003#87#EC.

Directive 96#61#EC> Council Directive 96#61#EC of 24 September 1996 concerning integrated pollution

prevention and control.

B

Reporting of emissions

Each operator shall include the following information in the report for an installation>

A. Data identifying the installation, including>

– Name of the installation<

– Its address, including postcode and country<

– Type and number of Annex 1 activities carried out in the installation<

– Address, telephone, fax and email details for a contact person< and

– Name of the owner of the installation, and of any parent company.

B. For each Annex 1 activity carried out on the site for which emissions are calculated>

– Activity data<

– Emission factors<

– Oxidation factors<

– Total emissions< and

– Uncertainty.

C. For each Annex I activity carried out on the site for which emissions are measured>

– Total emissions<

– Information on the reliability of measurement methods< and

– Uncertainty.

D. For emissions from combustion, the report shall also include the oxidation factor,

unless oxidation has already been taken into account in the development of an activity-

specific emission factor.

Member States shall take measures to coordinate reporting requirements with any

existing reporting requirements in order to minimize the reporting burden on businesses.

ANNEX 5

Criteria for Verification referred to in Regulation 14

General Principles

1. Emissions from each activity listed in Annex 1 to these Regulations shall be subject

to verification

2. The verification process shall include consideration of the report pursuant to sub-

regulation 14(2) and of monitoring during the preceding year. It shall address the

reliability, credibility and accuracy of monitoring systems and the reported data and

information relating to emissions, in particular>

(a)

the reported activity data and related measurements and calculations<

(b) the choice and the employment of emission factors<

(c)

the calculations leading to the determination of the overall emissions<

and

(d) if measurement is used, the appropriateness of the choice and the

employment of measuring methods.

3. Reported emissions may only be validated if reliable and credible data and

information allow the emissions to be determined with a high degree of certainty. A

high degree of certainty require the operator to show that>

(a)

the reported data is free of inconsistencies<

(b) the collection of data has been carried out in accordance with the

applicable scientific standards< and

(c)

the relevant records of the installation are complete and consistent.

4. The verifier shall be given access to all sites and information in relation to the

subject of the verification.

5. The verifier shall take into account whether the installation is registered under the

Community eco-management and audit scheme (EMAS).

B

ANNEX 6

Reproduction of Annex B to the Kyoto Protocol referred to in Regulation 11

Party

Quantified emission limitation or

reduction commitment

(percentage of base year or period)

Australia

Austria

Belgium

Bulgaria

Canada

Croatia

Czech Republic

Denmark

Estonia

European Community

Finland

France

Germany

Greece

Hungary

Iceland

Ireland

Italy

Japan

Latvia

Liechtenstein

Lithuania

Luxembourg

Monaco

Netherlands

New Zealand

Norway

Poland

Portugal

Romania

Russian Federation

Slovakia

Slovenia

Spain

Sweden

Switzerland

Ukraine

United Kingdom of Great Britain and

Northern Ireland

United States of America