{
  "url": "https://openlegislation.uk/eu-decision-2011-540/annex-XVI",
  "json_url": "https://openlegislation.uk/eu-decision-2011-540/annex-XVI.json",
  "legislation": "eudn/2011/540",
  "legislation_title": "Commission Decision of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (notified under document C(2011) 5861) (Text with EEA relevance) (2011/540/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2011-540",
  "path": "annex/XVI",
  "kind": "annex",
  "number": "XVI",
  "heading": null,
  "text": "The following Annex XXI is added:\nANNEX XXI\nActivity-specific guidelines for the production of hydrogen and synthesis gas as listed in Annex I to Directive 2003/87/EC\n1.\nBOUNDARIES AND COMPLETENESS\nThe activity-specific guidelines contained in this Annex shall be used to monitor emissions from installations producing hydrogen or synthesis gas as listed in Annex I to Directive 2003/87/EC. Where hydrogen production is technically integrated in a mineral oil refinery, the operator of such installation shall use the relevant provisions of Annex III instead.\nInstallations for the production of hydrogen or synthesis gas can be part of integrated installations in the chemical or refinery industry causing an intensive energy and material exchange. CO2 emissions may occur from combustion of fuels as well as from fuels used as process input.\n2.\nDETERMINATION OF CO2 EMISSIONS\nIn installations for the production of hydrogen or synthesis gas, CO2 emissions result from the following emission sources and source streams:\nfuels used in the hydrogen or synthesis gas production process (reforming or partial oxidation),\nfuels used for other combustion processes, e.g. with the purpose of producing hot water or steam.\n2.1.\nCALCULATION OF CO2 EMISSIONS\n2.1.1.\nCOMBUSTION EMISSIONS\nEmissions from combustion of fuels not used as process input for the production of hydrogen or synthesis gas production, but for other combustion processes shall be monitored and reported in accordance with Annex II.\n2.1.2.\nEMISSIONS FROM FUEL USED AS PROCESS INPUT\nEmissions from fuels used as process input in hydrogen production shall be calculated using the input-related methodology laid down under Section 2.1.2.1. For synthesis gas production a mass balance as under Section 2.1.2.2 shall be used. Where hydrogen and synthesis gas are produced at the same installation, the operator may choose to calculate the respective emissions from both production processes using one mass balance according to Section 2.1.2.2.\n2.1.2.1.\nHYDROGEN PRODUCTION\nEmissions from fuel used as process input shall be calculated using the formula\nCO2 emissions = activity data * emission factor\nwhere\nactivity data is expressed as the net energy content of the fuel used as process input [TJ] or, when a mass or volume related emission factor is used, as the amount of fuel used as process input [t or Nm3],\nemission factor is expressed as tonnes CO2/TJ or as tonnes CO2/t or as tonnes CO2/Nm3 of fuel used as process input.\nThe following tier requirements shall be applied:\n(a)\nActivity data\nActivity data are generally expressed as the net energy content of the fuel used [TJ] during the reporting period. The energy content of the fuel used shall be calculated by means of the following formula:\nEnergy content of fuel used [TJ] = fuel used [t or Nm3] * net calorific value of fuel [TJ/t or TJ/Nm3]\nIn case a mass or volume related emission factor [t CO2/t or t CO2/Nm3] is used, activity data are expressed as the amount of fuel used [t or Nm3].\nWith:\n(a1)\nFuel used\nTier 1\nAmount of fuel used as process input [t or Nm3] processed during the reporting period, derived with a maximum uncertainty of ± 7,5 %.\nTier 2\nAmount of fuel used as process input [t or Nm3] processed during the reporting period, derived with a maximum uncertainty of ± 5,0 %.\nTier 3\nAmount of fuel used as process input [t or Nm3] processed during the reporting period, derived with a maximum uncertainty of ± 2,5 %.\nTier 4\nAmount of fuel used as process input [t or Nm3] processed during the reporting period, derived with a maximum uncertainty of ± 1,5 %.\n(a2)\nNet calorific value\nTier 1\nReference values for each fuel are used as specified in Section 11 of Annex I.\nTier 2a\nThe operator applies country-specific net calorific values for the respective fuel as reported by the respective Member State in its latest national inventory submitted to the Secretariat of the United Nations Framework Convention on Climate Change.\nTier 2b\nFor commercially traded fuels the net calorific value as derived from the purchasing records for the respective fuel provided by the fuel supplier is used, provided it has been derived based on accepted national or international standards.\nTier 3\nThe net calorific value representative for the fuel in an installation is measured by the operator, a contracted laboratory or the fuel supplier in accordance with the provisions of Section 13 of Annex I.\n(b)\nEmission factor\nTier 1\nThe reference values listed in Section 11 of Annex I to these guidelines are used.\nTier 2a\nThe operator applies country specific emission factors for the respective fuel as reported by the respective Member State in its latest national inventory submitted to the Secretariat of the United Nations Framework Convention on Climate Change.\nTier 2b\nThe operator derives emission factors for the fuel based on one of the following established proxies:\ndensity measurement of specific oils or gases common e.g. to the refinery or steel industry, and\nnet calorific value for specific coal types,\nin combination with an empirical correlation as determined at least once per year according to the provisions of Section 13 of Annex I. The operator shall ensure that the correlation satisfies the requirements of good engineering practice and that it is applied only to values of the proxy which fall into the range for which it was established.\nTier 3\nUse of an activity-specific emission factor [CO2/TJ or CO2/t or CO2/Nm3 feed] calculated from the carbon content of the fuel used, determined according to Section 13 of Annex I.\n2.1.2.2.\nPRODUCTION OF SYNTHESIS GAS\nAs part of the carbon in the fuels used as process input is contained in the produced synthesis gas, a mass balance approach is to be used for the calculation of greenhouse gas emissions.\nThe mass-balance approach shall consider all carbon in inputs, stocks, products and other exports from the installation to determine the level of emissions of greenhouse gases over the reporting period, except for emission sources monitored in accordance with Section 2.1.1 and 2.1.2.1 of this Annex. The following equation shall be used:\nCO2 emissions [t CO2] = (input – products – export – stock changes) * conversion factor CO2/C\nWith:\n— input [t C] all carbon entering the boundaries of the installation,\n— products [t C] all carbon in products and materials, including by-products, leaving the boundaries of the installation,\n— export [t C] carbon exported from the boundaries of the installation, e.g. discharged to sewer, deposited into landfill or through losses. Export does not include the release of greenhouse gases or carbon monoxide into the atmosphere,\n— stock changes [t C] stock increases of carbon within the boundaries of the mass balance.\nThe calculation shall then be as follows:\nCO2 emissions [t CO2] = (Σ (activity datainput * carbon contentinput) – Σ (activity dataproducts * carbon contentproducts) – Σ (activity dataexport * carbon contentexport) – Σ (activity datastock changes * carbon contentstock changes)) * 3,664\nWith:\n(a)\nactivity data\nThe operator shall analyse and report the mass flows into and from the installation and respective stock changes for all relevant fuels and materials separately. Where the carbon content of a mass flow is usually related to energy content (fuels), the operator may determine and use the carbon content related to the energy content [t C/TJ] of the respective mass flow for the calculation of the mass balance.\nTier 1\nActivity data over the reporting period are determined with a maximum uncertainty of less than ± 7,5 %.\nTier 2\nActivity data over the reporting period are determined with a maximum uncertainty of less than ± 5 %.\nTier 3\nActivity data over the reporting period are determined with a maximum uncertainty of less than ± 2,5 %.\nTier 4\nActivity data over the reporting period are determined with a maximum uncertainty of less than ± 1,5 %.\n(b)\ncarbon content\nTier 1\nThe carbon content of input or output streams is derived from reference emission factors for fuels or materials named in Section 11 of Annex I or in other activity-specific Annexes to these Guidelines. The carbon content is derived as follows:\nC content [t/t or TJ] = Emission factor [t CO2/t or TJ]/3,664 [t CO2/t C]\nTier 2\nThe operator applies country-specific carbon contents for the respective fuel or material as reported by the respective Member State in its latest national inventory submitted to the Secretariat of the United Nations Framework Convention on Climate Change.\nTier 3\nThe carbon content of input or output stream shall be derived following the provisions of Section 13 of Annex I in respect to representative sampling of fuels, products and by-products, the determination of their carbon contents and biomass fraction.\n2.2.\nMEASUREMENT OF CO2 EMISSIONS\nThe measurement guidelines contained in Annexes I and XII shall be applied.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2011/540/annex/XVI",
    "retrieved_at": "2026-11-01T15:15:41.070051+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}