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Commission Decision of 4 May 2005 establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (notified under document number C(2005) 1359) (Text with EEA relevance) (2005/381/EC) (revoked)

EU Decision 2005/381 · Adopted 4 May 2005 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Decision

of 4 May 2005

establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

(notified under document number C(2005) 1359)

(Text with EEA relevance)

(2005/381/EC) (revoked)

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Annotations to the whole text

Textual amendments

F1

Decision revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 2 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

Contents

  1. 1Article 1 Repealed
  2. 2Article 2 Repealed
  3. 3Article 3 Repealed
  4. Annex: QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 2003/87/EC Repealed
  5. 1Details of institution submitting the report Repealed
  6. 2Responsible authorities in the emissions trading scheme (eu ets) and coordination between authorities Repealed
  7. 3Coverage of activities, installations and aircraft operators Repealed
  8. 4The issue of permits for installations Repealed
  9. Application of the monitoring and reporting regulation Repealed
  10. 5.AGeneral Repealed
  11. 5.1Has additional national legislation been implemented to assist in the application of Regulation (EU) No 601/2012? Yes/No Repealed
  12. 5.2Division 5.2 Repealed
  13. 5.3Have you developed Member State customised electronic templates or specific file formats for monitoring plans, emissions reports, verification reports and/or improvement reports? Yes/No Repealed
  14. 5.4Have you developed an automated system for electronic data exchange between operators or aircraft operators and the competent authority and other parties? Yes/No Repealed
  15. 5.BInstallations Repealed
  16. 5.5In the table below, please complete, for the fuels listed, the total fuel consumption and total annual emissions based on data reported in the operator’s emissions reports for the reporting year. Repealed
  17. 5.6In the table below, please complete the aggregate total emissions for each reported IPCC Common Reporting Format (CRF) category based on the data provided in the operator’s emissions reports in accordance with Article 73 of Regulation (EU) No 601/2012. Repealed
  18. 5.7In the table below, please indicate: Repealed
  19. 5.8Have sampling plans been drawn up in all cases required under Article 33 of Regulation (EU) No 601/2012? Yes/No Repealed
  20. 5.9In the table below, please indicate the number of installations for which the competent authority has allowed a different frequency in accordance with Article 35(2)(b) of Regulation (EU) No 601/2012 as well as confirmation that the sampling plan in those cases is fully documented and adhered to. Repealed
  21. 5.10If the highest tier approaches for major source streams of category C installations referred to in Article 19(2)(c) of Regulation (EU) No 601/2012 are not applied, please indicate in the table below, for each installation for which this situation occurred, the affected source streams, the affected monitoring parameter, the highest tier required under Regulation (EU) No 601/2012 and the tier applied. Repealed
  22. 5.11In the table below, please indicate the number of category B installations referred to in Article 19(2)(b) of Regulation (EU) No 601/2012 that do not apply the highest tier for all major source streams and all major emission sources in accordance with Regulation (EU) No 601/2012. Repealed
  23. 5.12Have installations in your Member State applied the fall-back approach in accordance with Article 22 of Regulation (EU) No 601/2012? Yes/No Repealed
  24. 5.13Please indicate in the table below the number of category A, B and C installations that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information in the table below relates to the previous reporting period. Repealed
  25. 5.14Has inherent CO 2 in accordance with Article 48 or CO 2 in accordance with Article 49 of Regulation (EU) No 601/2012 been transferred in your Member State? Yes/No Repealed
  26. 5.15Division 5.15 Repealed
  27. 5.16Did any installations in your Member State apply continuous emissions measurement in accordance with Article 40 of Regulation (EU) No 601/2012? Yes/No Repealed
  28. 5.17In the table below, please indicate for each main activity listed in Annex I to Directive 2003/87/EC: Repealed
  29. 5.18What was for each waste type the total quantity of fossil CO 2 emissions from waste used as fuel or input material, as reported by operators in their verified emissions report? Please answer by using the table below. Add further rows if necessary. Repealed
  30. 5.19Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/No Repealed
  31. 5.20Have innovative ways been used to simplify compliance for installations with low emissions referred to in Article 47(2) of Regulation (EU) No 601/2012? Yes/No Repealed
  32. 5.CAircraft operators Repealed
  33. 5.21How many aircraft operators are using Method A or B to determine the fuel consumption? Please answer using the table below. Repealed
  34. 5.22In the table below, please specify the aggregate total emissions of all flights and domestic flights carried out in the reporting period by aircraft operators for which you are the administering Member State. Repealed
  35. 5.23In the table below, please indicate: Repealed
  36. 5.24In the table below, please indicate: Repealed
  37. 5.25In the table below, please indicate the number of aircraft operators that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information requested in the table below relates to the previous reporting period. Repealed
  38. 5.26Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/No. Repealed
  39. 5.27Have innovative ways been used to simplify compliance for small emitters as referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/No Repealed
  40. Arrangements for verification Repealed
  41. General Repealed
  42. 6.1Please indicate in the table below the number of verifiers accredited for a particular scope of accreditation referred to in Annex I to Regulation (EU) No 600/2012. If Member States have allowed certification of natural person verifiers pursuant to Article 54(2) of Regulation (EU) No 600/2012, please indicate also the number of natural person verifiers certified for a particular scope of certification referred to in Annex I to Regulation (EU) No 600/2012. Repealed
  43. 6.2In the table below, please provide information on the application of the requirements on information exchange specified in Chapter VI of Regulation (EU) No 600/2012 Repealed
  44. Installations Repealed
  45. 6.3For which installations did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary. Repealed
  46. 6.4Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/No Repealed
  47. 6.5Did the competent authority carry out any checks on verified emissions reports? Yes/No Repealed
  48. 6.6Have site visits been waived for installations emitting more than 25 000 tonnes CO 2(e) per year? Yes/No Repealed
  49. Aircraft operators Repealed
  50. 6.7For which aircraft operators did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary. Repealed
  51. 6.8Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/No Repealed
  52. 6.9Did the competent authority carry out any checks on verified emissions reports? Yes/No Repealed
  53. 6.10Were site visits waived for small emitters referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/No Repealed
  54. Registries Repealed
  55. 7.1Division 7.1 Repealed
  56. 7.2In all cases where an account was closed because there was no reasonable prospect of further allowances being surrendered by an installation or aircraft operator, please describe in the table below why there was no reasonable further prospect and state the amount of outstanding allowances. Add further rows if necessary. Repealed
  57. 7.3On how many occasions during the reporting year did aircraft operators use the mandate as provided for in Article 17(3) of Commission Regulation (EU) No 389/2013 ? Please specify below the number of occasions. Repealed
  58. Allocation Repealed
  59. 8.1In the table below, please specify the number of changes that occurred to installations and their allocation since the start of the third trading period and during the reporting period. Repealed
  60. 8.2Were any planned or effective changes to the capacity, activity levels or operation of an installation, as referred to in Article 24 of Decision 2011/278/EU, not notified to the competent authority? Yes/No Repealed
  61. 8.3Have you applied Article 10c of Directive 2003/87/EC? Yes/No Repealed
  62. 9Use of emission reduction units (ERUs) and certified emission reduction (CERs) in the Community scheme Repealed
  63. 10Fees and charges Repealed
  64. Issues related to compliance with the ETS Directive Repealed
  65. 11.AInstallations Repealed
  66. 11.1In the table below, please specify what measures have been taken to ensure that operators complied with the permit and Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary. Repealed
  67. 11.2In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary. Repealed
  68. 11.3In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary. Repealed
  69. 11.4In the table below, please provide the names of operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC. Repealed
  70. 11.BAircraft operators Repealed
  71. 11.5In the table below, please specify what measures have been taken to ensure that aircraft operators complied with Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary. Repealed
  72. 11.6In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary. Repealed
  73. 11.7In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary. Repealed
  74. 11.8In the table below, please provide the names of aircraft operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC. Repealed
  75. 11.9Division 11.9 Repealed
  76. 12The legal nature of emission allowances and fiscal treatment Repealed
  77. 13Fraud Repealed
  78. Other observations Repealed
  79. 14.1In the table below, please provide details of any other issues that give rise to concerns in your Member State, or any other relevant information you would like to provide. Repealed
  80. 14.2Have you addressed all one-off questions in this questionnaire and updated the responses to those questions where relevant? Yes/No Repealed

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3F1

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1Details of institution submitting the reportF1

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2Responsible authorities in the emissions trading scheme (eu ets) and coordination between authoritiesF1

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3Coverage of activities, installations and aircraft operatorsF1

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4The issue of permits for installationsF1

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5.AGeneralF1

Question 5.1 , 5.2, 5.3 and 5.4 are to be answered in the report due by 30 June 2014 and in subsequent reports if changes have occurred during the reporting period.

5.1Has additional national legislation been implemented to assist in the application of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please specify below for which areas additional national legislation has been implemented.

Has additional national guidance been developed to support the understanding of Regulation (EU) No 601/2012? Yes/No

If yes, please specify below for which areas additional national guidance has been developed.

5.2F1

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5.3Have you developed Member State customised electronic templates or specific file formats for monitoring plans, emissions reports, verification reports and/or improvement reports? Yes/NoF1

If yes, please complete the tables below.

What measures have you implemented to comply with the requirements in Article 74(1) and (2) of Regulation (EU) No 601/2012? Please specify below.

5.4Have you developed an automated system for electronic data exchange between operators or aircraft operators and the competent authority and other parties? Yes/NoF1

If yes, please specify below what provisions you have implemented to comply with the requirements in Article 75(1) and (2) of Regulation (EU) No 601/2012.

5.BInstallationsF1

Questions 5.7, 5.9, the second sub-question of 5.17 and the questions 5.19 and 5.20 are to be answered in the report due by 30 June 2014 and in subsequent reports if changes have occurred during the reporting period.

5.5In the table below, please complete, for the fuels listed, the total fuel consumption and total annual emissions based on data reported in the operator’s emissions reports for the reporting year.F1

5.6In the table below, please complete the aggregate total emissions for each reported IPCC Common Reporting Format (CRF) category based on the data provided in the operator’s emissions reports in accordance with Article 73 of Regulation (EU) No 601/2012.F1

5.7In the table below, please indicate:F1

  • the number of installations for which the competent authority has approved literature values referred to in Article 31(1)(c) of Regulation (EU) No 601/2012;

  • the value, fuel type and calculation factor concerned as well as the source and justification for these literature values;

  • the number of installations for which the competent authority has approved Type I default values, i.e. values referred to in Article 31(1)(d) and (e) of Regulation (EU) No 601/2012;

  • the value, fuel type or material type and calculation factor concerned as well as the source and justification for these Type I default values.

How many of the Type I default values are values listed in Annex VI to Regulation (EU) No 601/2012 as referred to in Article 31(1)(a) of that Regulation?

5.8Have sampling plans been drawn up in all cases required under Article 33 of Regulation (EU) No 601/2012? Yes/NoF1

If no, please indicate below the cases and reasons for not drawing up a sampling plan.

Are you aware of any particular problems or issues concerning sampling plans set-up by operators? Yes/No

If yes, please specify below problems or issues that have arisen.

5.9In the table below, please indicate the number of installations for which the competent authority has allowed a different frequency in accordance with Article 35(2)(b) of Regulation (EU) No 601/2012 as well as confirmation that the sampling plan in those cases is fully documented and adhered to.F1

5.10If the highest tier approaches for major source streams of category C installations referred to in Article 19(2)(c) of Regulation (EU) No 601/2012 are not applied, please indicate in the table below, for each installation for which this situation occurred, the affected source streams, the affected monitoring parameter, the highest tier required under Regulation (EU) No 601/2012 and the tier applied.F1

5.11In the table below, please indicate the number of category B installations referred to in Article 19(2)(b) of Regulation (EU) No 601/2012 that do not apply the highest tier for all major source streams and all major emission sources in accordance with Regulation (EU) No 601/2012.F1

5.12Have installations in your Member State applied the fall-back approach in accordance with Article 22 of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please complete the table below.

5.13Please indicate in the table below the number of category A, B and C installations that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information in the table below relates to the previous reporting period.F1

5.14Has inherent CO 2 in accordance with Article 48 or CO 2 in accordance with Article 49 of Regulation (EU) No 601/2012 been transferred in your Member State? Yes/NoF1

If yes, please complete the table below.

5.15F1

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5.16Did any installations in your Member State apply continuous emissions measurement in accordance with Article 40 of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please indicate in the table below, the total emissions of each installation, the emissions covered by continuous emission measurement, and whether the measured gas contains biomass CO 2 .

5.17In the table below, please indicate for each main activity listed in Annex I to Directive 2003/87/EC:F1

  • the number of category A, B and C installations using biomass;

  • the total emissions from biomass which are considered zero rated, i.e. where no sustainability criteria apply or where the sustainability criteria are complied with;

  • the total emissions from biomass which are not considered zero rated, i.e. where sustainability criteria apply but the sustainability criteria are not complied with;

  • the energy content of the biomass which is considered zero rated; and

  • the energy content of the biomass which is not considered zero rated.

Which of the methods to demonstrate compliance with sustainability criteria are in general applied in your Member State? Please describe below the main elements if national systems are used to demonstrate this compliance.

5.18What was for each waste type the total quantity of fossil CO 2 emissions from waste used as fuel or input material, as reported by operators in their verified emissions report? Please answer by using the table below. Add further rows if necessary.F1

5.19Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please specify in the table below what sort of risk assessment was carried out and on which principles it was configured.

5.20Have innovative ways been used to simplify compliance for installations with low emissions referred to in Article 47(2) of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please specify per item in the table below. Add further rows if necessary.

5.CAircraft operatorsF1

Questions 5.26 and 5.27 are to be answered in the report due by 30 June 2014 and in subsequent reports if changes have occurred during the reporting period.

5.21How many aircraft operators are using Method A or B to determine the fuel consumption? Please answer using the table below.F1

5.22In the table below, please specify the aggregate total emissions of all flights and domestic flights carried out in the reporting period by aircraft operators for which you are the administering Member State.F1

5.23In the table below, please indicate:F1

  • the number of aircraft operators using biofuels;

  • the total emissions from biofuels which are considered zero rated, i.e. where the sustainability criteria are complied with;

  • the total emissions from biofuels which are not considered zero rated, i.e. where sustainability criteria apply but the sustainability criteria are not complied with;

  • the energy content of the biofuels which is considered zero rated; and

  • the energy content of the biofuels which is not considered zero rated.

5.24In the table below, please indicate:F1

  • the number of small emitters using the small emitters tool (SET) to determine the fuel consumption;

  • the number of small emitters whose emission report is based on the SET and generated from the EU ETS support facility independently from any input of the aircraft operator;

  • the number of aircraft operators using an alternative method to determine the emissions of missing flights; and

  • the number of aircraft operators using the small emitters tool to determine the emissions of missing flights in accordance with Article 65(2) of Regulation (EU) No 601/2012.

5.25In the table below, please indicate the number of aircraft operators that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information requested in the table below relates to the previous reporting period.F1

5.26Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/No.F1

If yes, please specify in the table below what type of risk assessment was carried out and on which principles it was configured.

5.27Have innovative ways been used to simplify compliance for small emitters as referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please specify per item in the table below. Add further rows if necessary.

6.1Please indicate in the table below the number of verifiers accredited for a particular scope of accreditation referred to in Annex I to Regulation (EU) No 600/2012. If Member States have allowed certification of natural person verifiers pursuant to Article 54(2) of Regulation (EU) No 600/2012, please indicate also the number of natural person verifiers certified for a particular scope of certification referred to in Annex I to Regulation (EU) No 600/2012.F1

6.2In the table below, please provide information on the application of the requirements on information exchange specified in Chapter VI of Regulation (EU) No 600/2012F1

6.3For which installations did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary.F1

6.4Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/NoF1

If yes, please provide information in the table below:

6.5Did the competent authority carry out any checks on verified emissions reports? Yes/NoF1

If yes, please specify what checks were carried out using the table below:

6.6Have site visits been waived for installations emitting more than 25 000 tonnes CO 2(e) per year? Yes/NoF1

If yes, please indicate in the table below the number of installations for which a site visit was waived under a particular condition. Add further rows if necessary.

Were site visits waived for installations with low emissions referred to in Article 47(2) of Regulation (EU) No 601/2012? Yes/No

If yes, please indicate in the table below the number of installations for which a site visit was waived.

6.7For which aircraft operators did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary.F1

6.8Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/NoF1

If yes, please provide information in the tables below for emissions and tonne-kilometre data respectively.

6.9Did the competent authority carry out any checks on verified emissions reports? Yes/NoF1

If yes, please specify what checks were carried out using the tables below for emissions and tonne-kilometre data respectively.

6.10Were site visits waived for small emitters referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/NoF1

If yes, please indicate in the table below the number of small emitters for which a site visit was waived.

7.1F1

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7.2In all cases where an account was closed because there was no reasonable prospect of further allowances being surrendered by an installation or aircraft operator, please describe in the table below why there was no reasonable further prospect and state the amount of outstanding allowances. Add further rows if necessary.F1

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7.3On how many occasions during the reporting year did aircraft operators use the mandate as provided for in Article 17(3) of Commission Regulation (EU) No 389/2013 ? Please specify below the number of occasions.F1

Which aircraft operators used a mandate during the reporting period as provided for in Article 17(3) of Regulation (EU) No 389/2013? Please provide the information by using the table below. Add further rows if necessary.

8.1In the table below, please specify the number of changes that occurred to installations and their allocation since the start of the third trading period and during the reporting period.F1

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8.2Were any planned or effective changes to the capacity, activity levels or operation of an installation, as referred to in Article 24 of Decision 2011/278/EU, not notified to the competent authority? Yes/NoF1

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8.3Have you applied Article 10c of Directive 2003/87/EC? Yes/NoF1

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9Use of emission reduction units (ERUs) and certified emission reduction (CERs) in the Community schemeF1

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10Fees and chargesF1

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11.AInstallationsF1

Questions 11.1 and 11.2 are to be answered in the report due by 30 June 2014 and in subsequent reports if changes have occurred during the reporting period.

11.1In the table below, please specify what measures have been taken to ensure that operators complied with the permit and Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary.F1

11.2In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.F1

11.3In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.F1

11.4In the table below, please provide the names of operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.F1

11.BAircraft operatorsF1

Questions 11.5, 11.6 and 11.9 are to be answered in the report due by 30 June 2014 and in subsequent reports if changes have occurred during the reporting period

11.5In the table below, please specify what measures have been taken to ensure that aircraft operators complied with Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary.F1

11.6In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.F1

11.7In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.F1

11.8In the table below, please provide the names of aircraft operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.F1

11.9F1

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12The legal nature of emission allowances and fiscal treatmentF1

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13FraudF1

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14.1In the table below, please provide details of any other issues that give rise to concerns in your Member State, or any other relevant information you would like to provide.F1

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14.2Have you addressed all one-off questions in this questionnaire and updated the responses to those questions where relevant? Yes/NoF1

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