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Division A Annex I is amended as follows:

United Kingdom

Original text. Later amendments are not shown.

  1. 1..

    In Section 1, the words ‘Annexes II to XI and XIII-XV’ are replaced by the words ‘Annexes II to XI and Annexes XIII to XVIII’:

  2. 2..

    Section 2 is amended as follows:

    1. (a)

      In the introductory part, the words ‘Annexes II to XV’ are replaced by the words ‘Annexes II to XVIII’.

    2. (b)

      In paragraph 3, the following point (j) is added:

      1. (j)

        ‘‘measurement point’ means the emission source for which continuous emission measurement systems (CEMS) are used for emission measurement, or the cross-section of a pipeline system for which the CO2 flow is determined using continuous measurement systems.’

    3. (c)

      The following paragraph 7 is added:

      ‘7.

      The following definitions shall apply in relation to greenhouse gas emissions from greenhouse gas capture, transport and geological storage activities:

      1. (a)

        “geological storage of CO2” means “geological storage of CO2” within the meaning of Article 3(1) of Directive 2009/31/EC;

      2. (b)

        “storage site” means “storage site” within the meaning of Article 3(3) of Directive 2009/31/EC;

      3. (c)

        “storage complex” means “storage complex” within the meaning of Article 3(6) of Directive 2009/31/EC;

      4. (d)

        “CO2 transport” means the transport of CO2 by pipelines for geological storage in a storage site permitted under Directive 2009/31/EC;

      5. (e)

        “transport network” means “transport network“ within the meaning of Article 3(22) of Directive 2009/31/EC;

      6. (f)

        “CO2 capture” means the activity of capturing from gas streams CO2 which would otherwise be emitted, for the purposes of transport and geological storage in a storage site permitted under Directive 2009/31/EC;

      7. (g)

        “capture installation” means an installation which carries out CO2 capture;

      8. (h)

        “fugitive emissions” means irregular or unintended emissions from sources which are not localised, or too diverse or too small to be monitored individually, such as emissions from otherwise intact seals, valves, intermediate compressor stations and intermediate storage facilities;

      9. (i)

        “vented emissions” means emissions deliberately released from the installation by provision of a defined point of emission;

      10. (j)

        “water column” means “water column” within the meaning of Article 3(2) of Directive 2009/31/EC;

      11. (k)

        “enhanced hydrocarbon recovery” means the recovery of hydrocarbons in addition to those extracted by water injection or other means;

      12. (l)

        “leakage” in the context of geological storage means “leakage” within the meaning of Article 3(5) of Directive 2009/31/EC.’.

  3. 3..

    Section 4 is amended as follows:

    1. (a)

      in Section 4.1, the following new paragraph is added after the second paragraph:

      ‘Where leakages from a storage complex pursuant to Directive 2009/31/EC are identified and lead to emissions, or release of CO2 to the water column, they shall be included as emission sources for the respective installation and shall be monitored accordingly as required under the provisions of Annex XVIII. The leakage may be excluded as an emission source subject to approval by the competent authority, when corrective measures pursuant to Article 16 of Directive 2009/31/EC have been taken and emissions or release into the water column from that leakage can no longer be detected.’

    2. (b)

      in Section 4.3, the following subparagraphs are added after the fourth paragraph:

      1. (o)

        ‘where applicable, the location of equipment for temperature and pressure measurement in a transport network;

      2. (p)

        where applicable, procedures for preventing, detecting and quantification of leakage events from transport networks;

      3. (q)

        in the case of transport networks, procedures effectively ensuring that CO2 is transferred only to installations which have a valid greenhouse gas emission permit, or where any emitted CO2 is effectively monitored and accounted for in accordance with section 5.7 of this Annex;

      4. (r)

        where CO2 is transferred according to section 5.7 of this Annex, an identification of the receiving and transferring installations. For installations holding a greenhouse gas emissions permit, this is the installation identification code as defined by the Regulation pursuant to Article 19 of Directive 2003/87/EC;

      5. (s)

        where applicable, a description of continuous measurement systems used at the points of transfer of CO2 between installations transferring CO2 according to section 5.7 of this Annex;

      6. (t)

        where applicable, quantification approaches for emissions or CO2 release to the water column from potential leakages as well as the applied and possibly adapted quantification approaches for actual emissions or CO2 release to the water column from leakages, as specified in Annex XVIII.’

    3. (c)

      in Section 4.3, the sixth paragraph is replaced by the following:

      ‘A substantial change to the monitoring methodology as part of the monitoring plan shall be subject to the approval of the competent authority if it concerns:

      • a change of the categorisation of the installation as laid down in Table 1,

      • a change between the calculation-based or the measurement-based methodology used to determine emissions,

      • an increase of the uncertainty of the activity data or other parameters (where applicable) which implies a different tier level,

      • the application or adaption of a quantification approach for emissions from leakage at storage sites.’,

  4. 4..

    Section 5 is amended as follows:

    1. (a)

      in section 5.1, under the heading ‘process emissions’, in the last paragraph, the words ‘Annexes II to XI’ are replaced by the words ‘Annexes II to XI and XVI, XVII and XVIII’ in the whole paragraph;

    2. (b)

      in section 5.2, first sentence, the words ‘Annexes II to XI and Annexes XIV and XV’ are replaced by the words ‘Annexes II to XI and XIV to XVIII’.

  5. 5..

    Section 5.7 is replaced by the following:

    ‘5.7

    TRANSFERRED CO2

    Subject to approval by the competent authority, the operator may subtract from the calculated level of emissions of the installation any CO2 which is not emitted from the installation, but transferred out of the installation:

    • as pure substance, or directly used and bound in products or as feedstock, or

    • to another installation holding a greenhouse gas emissions permit, unless other requirements as set out in Annexes XVII or XVIII apply,

    provided the subtraction is mirrored by a respective reduction for the activity and installation, which the respective Member State reports in its national inventory submission to the Secretariat of the United Nations Framework Convention on Climate Change. The respective amounts of CO2 shall be reported for each installation CO2 has been transferred to or received from as a memo item in the annual emission report of the transferring as well as the receiving installation.

    In the case of transfer to another installation, the receiving installation must add to its calculated level of emissions the received CO2, unless other requirements as set out in Annexes XVII or XVIII apply.

    Respective transferring as well as receiving installations shall be notified by Member States to the Commission pursuant to Article 21 of Directive 2003/87/EC. In case of transfer to an installation falling under that Directive, the transferring installation shall identify the receiving installation in its annual emission report by stating the receiving installation’s installation identification code as defined by the Regulation pursuant to Article 19 of that Directive. The receiving installation shall identify the transferring installation through the same approach.

    Potential cases of transferred CO2 out of an installation include, inter alia:

    • pure CO2 used for the carbonation of beverages,

    • pure CO2 used as dry ice for cooling purposes,

    • pure CO2 used as fire extinguishing agent, refrigerant or as laboratory gas,

    • pure CO2 used for grains disinfestations,

    • pure CO2 used as solvent in the food or chemical industry,

    • CO2 used and bound in products or feedstocks in the chemical, pulp industry (e.g. for urea or precipitated carbonates),

    • carbonates bound in spray-dried absorption product (SDAP) from semi-dry scrubbing of flue gases,

    • CO2 transferred to capture installations,

    • CO2 from capture installations transferred to transport networks,

    • CO2 from transport networks transferred to storage sites.

    Unless other requirements in the activity specific Annexes apply, the mass of annually transferred CO2 or carbonate shall be determined with a maximum uncertainty of less than 1,5 % either directly by using volume or mass flow meters, weighing or indirectly from the mass of the respective product (e.g. carbonates or urea) where relevant and if appropriate.

    In case the amounts of transferred CO2 are measured both at the transferring and at the receiving installation, the amounts of respectively transferred and received CO2 shall be identical. If the deviation between measured values is in a range, which can be explained by the uncertainty of the measurement systems, the arithmetic average of both measured values shall be used in both the transferring and receiving installations’ emission reports. The emission report shall include a statement that this value has been aligned with the value of the respectively transferring or receiving installation. The measured value shall be included as memo item.

    In case the deviation between the measured values cannot be explained by the uncertainty range of the measurement systems, the operators of the installations involved shall align the measured values by applying conservative adjustments (i.e. avoiding under-estimation of emissions). This alignment shall be verified by the verifiers of the transferring and receiving installations, and be subject to approval by the competent authority.

    In instances, in which part of the transferred CO2 was generated from biomass, or whenever an installation is only partially covered by Directive 2003/87/EC, the operator shall subtract only the respective fraction of mass of transferred CO2 which originates from fossil fuels and materials in activities covered by the Directive. Respective attribution methods shall be conservative and are subject to approval by the competent authority.

    In case a measurement approach is applied at the transferring installation, the total amount of transferred/received CO2 resulting from biomass use shall be reported as a memo-item by both the transferring and receiving installation. The receiving installation shall not be required to conduct its own measurements for this purpose, but report the amount of biomass CO2 as obtained by the transferring installation.’

  6. 6..

    In Section 6.3, subsection (c), paragraph 3, the words ‘Annexes II to XI’ are replaced by the words ‘Annexes II to XI and XVI, XVII and XVIII’.

  7. 7..

    In Section 7.1, paragraph 5, the words ‘Annexes II to XI and Annexes XIV and XV’ are replaced by the words ‘Annexes II to XI and XIV to XVIII’.

  8. 8..

    Section 8 is be amended as follows:

    1. (a)

      in paragraph 5, subparagraph(6), the words ‘Annexes I to XI’ are replaced by the words ‘Annexes I to XI and XVI, XVII and XVIII’;

    2. (b)

      in paragraph 5, a new subparagraph is added at the end:

      1. (10)

        ‘where applicable, amounts of CO2 transferred to or received from other installations, stating the installation’s identification code as defined by the Regulation pursuant to Article 19 of Directive 2003/87/EC.’;

    3. (c)

      the following new paragraph 6 is added:

      ‘The competent authority may allow operators of CO2 storage sites after closure to hand in simplified emission reports containing at least the elements listed under subparagraphs (1) and (9), if the greenhouse gas emissions permit contains no emission sources.’

  9. 9..

    The following new paragraph shall be added at the end of Section 9:

    ‘The following additional information shall be retained for CO2 capture, transport and geological storage activities:

    • where applicable, documentation of the amount of CO2 injected into the storage complex by installations carrying out geological storage of CO2,

    • where applicable, representatively aggregated pressure and temperature data from a transport network,

    • where applicable, a copy of the storage permit, including the approved monitoring plan, pursuant to Article 9 of Directive 2009/31/EC,

    • where applicable, the reports submitted pursuant to Article 14 of Directive 2009/31/EC,

    • where applicable, reports on the results of the inspections carried out pursuant to Article 15 of Directive 2009/31/EC,

    • where applicable, documentation on corrective measures taken pursuant to Article 16 of Directive 2009/31/EC.’.