73 tal-2006 - Regolamenti tal-2006 li jemendaw ir-Regolamenti dwar Skema Kummerċjali tal-Komunità Ewropea dwar l-Emissjonijiet ta’ Gassijiet Serra

L.N. 73 of 2006

ENVIRONMENT PROTECTION ACT

(CAP. 435)

European Community Greenhouse Gas Emissions Trading

Scheme (Amendment) Regulations, 2006

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

Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations,

2006 and they shall be read and construed as one with the European

Community Greenhouse Gas Emissions Trading Scheme Regulations,

2005 hereinafter referred to as “the principal regulations”.

(2) These regulations provide for the transposition of

Directive 2004#101#EC of the European Parliament and of the Council

of 27 October 2004 amending Directive 2003#87#EC establishing a

scheme for greenhouse gas emission allowance trading within the

Community, in respect of the Kyoto Protocol’s project mechanisms.

Regulation 2 of the principal regulations shall be amended as

follows>-

(a) immediately after the definition “allowance” there shall

be inserted the following new definition>-

“ “Annex I party” means a country that is listed in Annex

I to the United Nations Framework Convention on Climate

Change (UNFCCC) and that has ratified the Kyoto Protocol

as specified in Article 1(7) of the Kyoto Protocol<”<

(b) immediately after the new definition “Annex I party”

there shall be inserted the following new definition>-

“ “certified emissions reduction” or “CER” means a unit

issued pursuant to Article 12 of the Kyoto Protocol and the

decisions adopted pursuant to the UNFCCC<”<

(c) immediately after the definition “emissions” there shall

be inserted the following new definitions>-

“ “emission reduction unit” or “ERU” means a unit issued

pursuant to Article 6 of the Kyoto Protocol and the decisions

adopted pursuant to the UNFCCC or the Kyoto Protocol<”

and

(d) immediately after the definition “operator” there shall

be inserted the following new definition >-

“ “ project activity” means a project activity approved

by one or more Annex I parties in accordance with Article 6

or Article 12 of the Kyoto Protocol and the decisions adopted

pursuant to the UNFCCC or the Kyoto Protocol< ”.

Immediately after regulation 10 of the principal regulations, Adds new

regulation 10A to

there shall be added the following new regulation>

the principal

regulations.

(1) A person intending to participate in a project

activity

in Malta pursuant to Article 12 of the Kyoto Protocol,

authorization

of participa- shall apply to the competent authority for approval of the

tion in project

proposed project activity.

(2) The competent authority may only approve

the proposed project activity if the baseline used for

determining the emissions reductions from the project activity

fully complies with all legislation of the European

Community, including the temporary derogations set out in

the Treaty of Accession.

(3) The competent authority shall ensure that no

CERs are issued for reductions or limitations of emissions of

greenhouse gases from installations falling within the scope

of these regulations except as provided for in sub-regulations

(4) and (5) hereof.

(4) Until 31 December 2012, in the case of a

project activity which reduces or limits directly emissions of

an installation falling within the scope of these regulations,

CERs may only be issued if an equal number of allowances

is cancelled by the operator of that installation.

(5) Until 31 December 2012, in the case of a

project activity which reduces or limits indirectly emissions

of an installation falling within the scope of these regulations,

CERs may be issued only if an equal number of allowances

is cancelled from the national registry of the Member State

of the CERs’ origin.

(6) When approving project activities related to

hydroelectric power production with a generating capacity

exceeding 20MW, the competent authority shall ensure that

relevant international criteria and guidelines, including those

contained in the World Commission on Dams November 2000

Report “Dams and Development – A New Framework for

Decision-Making” will be respected during the development

of such project activities.”.

4. For regulation 16 of the principal regulations there shall be

substituted the following>

Decisions relating to the allocation of allowances,

information on project activities in which the State participates

or authorizes private or public entities to participate, and the

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, 2005, on public access to

environmental information.”.

5. Immediately at the end of Annex III to the principal regulations

there shall be added the following new item>

“12. The plan shall specify the maximum amount of CERs

and ERUs which may be used by operators in the Community

scheme as a percentage of the allocation of the allowances to each

installation. The percentage shall be consistent with the State’s

supplementarity obligations under the Kyoto Protocol and decisions

adopted pursuant to the UNFCCC or the Kyoto Protocol.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press