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Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed)

EU Regulation No 601/2012 · Adopted 21 June 2012 · Extends to United Kingdom

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Commission Regulation (EU) No 601/2012

of 21 June 2012

on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council

(Text with EEA relevance) (repealed)

THE EUROPEAN COMMISSION,

Having regard to the Treaty of the Functioning of the European Union,

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ECf1 and in particular Article 14(1) thereof,

Whereas:

(1)

The complete, consistent, transparent and accurate monitoring and reporting of greenhouse gas emissions, in accordance with the harmonised requirements laid down in this Regulation, are fundamental for the effective operation of the greenhouse gas emission allowance trading scheme established pursuant to Directive 2003/87/EC. During the second compliance cycle of the greenhouse gas emissions trading scheme, covering the years 2008 to 2012, industrial operators, aviation operators, verifiers and competent authorities have gained experience with monitoring and reporting pursuant to Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Councilf2. The rules for the third trading period of the Union’s greenhouse gas emission allowance trading scheme which begins on 1 January 2013 and for the following trading periods should build on that experience.

(2)

The definition of biomass in this Regulation should be consistent with the definition of the terms ‘biomass’, ‘bioliquids’ and ‘biofuels’ set out in Article 2 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/ECf3, in particular since preferential treatment with regard to allowance surrender obligations under the Union’s greenhouse gas emission allowance trading scheme pursuant to Directive 2003/87/EC constitutes a ‘support scheme’ within the meaning of Article 2(k) and consequently financial support within the meaning of Article 17(1)(c) of Directive 2009/28/EC.

(3)

For reasons of consistency, definitions laid down in Commission Decision 2009/450/EC of 8 June 2009 on the detailed interpretation of the aviation activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Councilf4 and Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006f5 should apply to this Regulation.

(4)

To make the operation of the monitoring and reporting system optimal, the Member States which designate more than one competent authority should ensure that those competent authorities coordinate their work in line with the principles set out in this Regulation.

(5)

The monitoring plan, setting out detailed, complete and transparent documentation concerning the methodology of a specific installation or aircraft operator should be a core element of the system established by this Regulation. Regular updates of the plan should be required, both to respond to the verifier’s findings and on the basis of the operator’s or aircraft operator’s own initiative. The main responsibility for the implementation of the monitoring methodology, parts of which are specified by procedures required by this Regulation, should remain with the operator or the aircraft operator.

(6)

It is necessary to establish basic monitoring methodologies to minimise the burden on operators and aircraft operators and facilitate the effective monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC. Those methodologies should include basic calculation and measurement methodologies. The calculation methodologies should be further differentiated into a standard methodology and a mass balance methodology. Flexibility should be provided to allow a combination of measurement methodologies, standard calculation methodology and mass balance within the same installation, provided the operator ensures that omissions or double counting do not occur.

(7)

To further minimise the burden on operators and aircraft operators, simplification with regard to the uncertainty assessment requirement, without reducing accuracy, should be introduced. Considerably reduced requirements with regard to uncertainty assessment should be applied where measuring instruments are used under type-conform conditions, in particular where measuring instruments are under national legal metrological control.

(8)

It is necessary to define calculation factors which can be either default factors or determined by analysis. Requirements for analysis should retain the preference for use of laboratories accredited in accordance with the harmonised standard General requirements for the competence of testing and calibration laboratories (EN ISO/IEC 17025) for the relevant analytical methods, and introduce more pragmatic requirements for demonstrating robust equivalence in the case of non-accredited laboratories, including in conformity with the harmonised standard Quality management systems – Requirements (EN ISO/IEC 9001) or other relevant certified quality management systems.

(9)

A more transparent and consistent manner of determining unreasonable costs should be laid down.

(10)

The measurement-based methodology should be set on a more equal footing with the calculation-based methodology in order to recognise the increased confidence in continuous emissions monitoring systems and underpinning quality assurance. That requires more proportional requirements concerning cross-checks with calculations as well as the clarification of data handling and other quality assurance requirements.

(11)

Imposing a disproportionate monitoring effort on installations with lower, less consequential annual emissions should be avoided, while ensuring that an acceptable level of accuracy is maintained. In that regard, special conditions for installations considered having low emissions and for aircraft operators considered small emitters should be set out.

(12)

Article 27 of Directive 2003/87/EC allows Member States to exclude small installations, subject to equivalent measures, from the Union’s greenhouse gas emission allowance trading scheme provided that the conditions contained in that Article are met. This Regulation should not apply directly to those installations excluded pursuant to Article 27 of Directive 2003/87/EC unless the Member State decides that this Regulation should apply.

(13)

To close potential loopholes connected to the transfer of inherent or pure CO2, such transfers should only be allowed subject to very specific conditions. Those conditions are that the transfer of inherent CO2 should only be to other EU-ETS installations and the transfer of pure CO2 should only occur for the purposes of storage in a geological storage site pursuant to the Union’s greenhouse gas emission allowance trading scheme, which is at present the only form of permanent storage of CO2 accepted under the Union’s greenhouse gas emission trading scheme. Those conditions should not, nevertheless, exclude the possibility of future innovations.

(14)

Specific aviation-related provisions on monitoring plans and monitoring of greenhouse gas emissions should be laid down. One provision should be the determination of density by onboard measurement and by fuel invoices as equivalent options. Another provision should be the raising of the threshold for consideration of an aircraft operator as a small emitter from 10 000 tonnes of CO2 emissions per year to 25 000 tonnes of CO2 per year.

(15)

The estimation of missing data should be made more consistent, by requiring the use of conservative estimation procedures recognised in the monitoring plan or, where this is not possible, through the approval by the competent authority and the inclusion of an appropriate procedure in the monitoring plan.

(16)

The implementation of the improvement principle requiring operators to regularly review their monitoring methodology for improvement and to consider recommendations made by verifiers as part of the verification process should be strengthened. Where a methodology is used, which is not based on tiers, or where the highest tier methodologies are not met, operators should regularly report on the steps being taken to meet a monitoring methodology based on the tier system and to reach the highest tier required.

(17)

Aircraft operators may, pursuant to Article 3e(1) of Directive 2003/87/EC, apply for an allocation of emission allowances free of charge, in respect of activities listed in Annex I to that Directive, based on verified tonne-kilometre data. However, in the light of the principle of proportionality, where an aircraft operator is objectively unable to provide verified tonne-kilometre data by the relevant deadline because of serious and unforeseeable circumstances outside of its control, that aircraft operator should be able to submit the best tonne-kilometre data available, provided the necessary safeguards are in place.

(18)

The use of information technology, including requirements for data exchange formats and the use of automated systems, should be promoted and the Member States should be therefore allowed to require the economic operators to use such systems. The Member States should be also allowed to elaborate electronic templates and file format specifications which should, however, conform to minimum standards published by the Commission.

(19)

Decision 2007/589/EC should be repealed. However, the effects of its provisions should be maintained for the monitoring, reporting and verification of the emissions and activity data occurring during the first and second trading periods of the Union’s greenhouse gas emission allowance trading scheme.

(20)

Member States should be provided sufficient time to adopt the necessary measures and establish the appropriate national institutional framework to ensure the effective application of this Regulation. This Regulation should therefore apply from the date of the beginning of the third trading period.

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 275, 25.10.2003, p. 32.

f2

OJ L 229, 31.8.2007, p. 1.

f3

OJ L 140, 5.6.2009, p. 16.

f4

OJ L 149, 12.6.2009, p. 69.

f5

OJ L 140, 5.6.2009, p. 114.

Contents

  1. Chapter I: GENERAL PROVISIONS
  2. Subject matter and definitions
  3. 1Subject matter
  4. 2Scope
  5. 3Definitions
  6. General principles
  7. 4General obligation
  8. 5Completeness
  9. 6Consistency, comparability and transparency
  10. 7Accuracy
  11. 8Integrity of methodology
  12. 9Continuous improvement
  13. 10Coordination
  14. Chapter II: MONITORING PLAN
  15. General rules
  16. 11General obligation
  17. 12Content and submission of the monitoring plan
  18. 13Standardised and simplified monitoring plans
  19. 14Modifications of the monitoring plan
  20. 15Approval of modifications of the monitoring plan
  21. 16Implementation and recordkeeping of modifications
  22. Technical feasibility and unreasonable costs
  23. 17Technical feasibility
  24. 18Unreasonable costs
  25. Chapter III: MONITORING OF EMISSIONS OF STATIONARY INSTALLATIONS
  26. General provisions
  27. 19Categorisation of installations and source streams
  28. 20Monitoring boundaries
  29. 21Choice of the monitoring methodology
  30. 22Monitoring methodology not based on tiers
  31. 23Temporary changes to the monitoring methodology
  32. Calculation-based methodology
  33. General
  34. 24Calculation of emissions under the standard methodology
  35. 25Calculation of emissions under the mass balance methodology
  36. 26Applicable tiers
  37. Activity data
  38. 27Determination of activity data
  39. 28Measurement systems under the operator’s control
  40. 29Measurement systems outside the operator’s own control
  41. Calculation factors
  42. 30Determination of calculation factors
  43. 31Default values for calculation factors
  44. 32Calculation factors based on analyses
  45. 33Sampling plan
  46. 34Use of laboratories
  47. 35Frequencies for analyses
  48. Specific calculation factors
  49. 36Emission factors for CO2
  50. 37Oxidation and conversion factors
  51. Treatment of biomass
  52. 38Biomass source streams
  53. 39Determination of biomass and fossil fraction
  54. Measurement-based methodology
  55. 40Use of the measurement-based monitoring methodology
  56. 41Tier requirements
  57. 42Measurement standards and laboratories
  58. 43Determination of emissions
  59. 44Data aggregation
  60. 45Missing data
  61. 46Corroborating with calculation of emissions
  62. Special provisions
  63. 47Installations with low emissions
  64. 48Inherent CO2
  65. 49Transferred CO 2
  66. Chapter IV: MONITORING OF EMISSIONS AND TONNE-KILOMETRE DATA FROM AVIATION
  67. 50General provisions
  68. 51Submission of monitoring plans
  69. 52Monitoring methodology for emissions from aviation activities
  70. 53Specific provisions for biomass
  71. 54Small emitters
  72. 55Sources of uncertainty
  73. 56Determination of tonne-kilometre data
  74. Chapter V: DATA MANAGEMENT AND CONTROL
  75. 57Data flow activities
  76. 58Control system
  77. 59Quality assurance
  78. 60Quality assurance of information technology
  79. 61Segregation of duties
  80. 62Internal reviews and validation of data
  81. 63Corrections and corrective action
  82. 64Out-sourced processes
  83. 65Treatment of data gaps
  84. 66Records and documentation
  85. Chapter VI: REPORTING REQUIREMENTS
  86. 67Timing and obligations for reporting
  87. 68Force majeure
  88. 69Reporting on improvements to the monitoring methodology
  89. 70Determination of emissions by the competent authority
  90. 71Access to information
  91. 72Rounding of data
  92. 73Ensuring consistency with other reporting
  93. Chapter VII: INFORMATION TECHNOLOGY REQUIREMENTS
  94. 74Electronic data exchange formats
  95. 75Use of automated systems
  96. Chapter VIII: FINAL PROVISIONS
  97. 76Repeal of Decision 2007/589/EC and transitional provisions
  98. 77Entry into force
  99. Signature
  100. Annex I: Minimum content of the monitoring plan (Article 12(1))
  101. 1Minimum content of the monitoring plan for installations
  102. Minimum content of monitoring plans for aviation emissions
  103. 1The monitoring plan shall contain the following information for all aircraft operators:
  104. 2The monitoring plan shall contain the following information for aircraft operators which are not small emitters in accordance with Article 54(1) or which do not intend to use a small emitter tool in accordance with Article 54(2):
  105. 3Minimum content of monitoring plans for tonne-kilometre data
  106. Annex II: Tier thresholds for calculation-based methodologies related to installations (Article 12(1))
  107. 1Definition of tiers for activity data
  108. 2Definition of tiers for calculation factors for combustion emissions
  109. 2.1Tiers for emission factors
  110. 2.2Tiers for net calorific value (NCV)
  111. 2.3Tiers for oxidation factors
  112. 2.4Tiers for biomass fraction
  113. 3Definition of tiers for calculation factors for mass balances
  114. 3.1Tiers for carbon content
  115. 3.2Tiers for net calorific values
  116. 4Definition of tiers for the calculation factors for process emissions from carbonate decomposition
  117. 4.1Tiers for the emission factor using Method A
  118. 4.2Tiers for the conversion factor using Method A
  119. 4.3Tiers for the emission factor using Method B
  120. 4.4Tiers for the conversion factor using Method B
  121. Annex III: Monitoring methodologies for aviation (Article 52 and Article 56)
  122. Calculation methodologies for the determination of GHGs in the aviation sector
  123. Method A
  124. Method B
  125. 2Tier levels for fuel consumption Repealed
  126. 3Emission factors for standard fuels
  127. 4Calculation of Great Circle Distance
  128. Annex IV: Activity-specific monitoring methodologies related to installations (Article 20(2))
  129. Specific monitoring rules for emissions from combustion processes
  130. AScope
  131. BSpecific monitoring rules
  132. CFlue gas scrubbing
  133. Method A:Emission factor
  134. Method B:Emission factor
  135. DFlares
  136. Refining of Mineral Oil as Listed in Annex I to Directive 2003/87/EC
  137. AScope
  138. BSpecific monitoring rules
  139. Production of coke as listed in Annex I to Directive 2003/87/EC
  140. AScope
  141. BSpecific monitoring rules
  142. Metal ore roasting and sintering as listed in Annex I to Directive 2003/87/EC
  143. AScope
  144. BSpecific monitoring rules
  145. Production of pig iron and steel as listed in Annex I to Directive 2003/87/EC
  146. AScope
  147. BSpecific monitoring rules
  148. Production or processing of ferrous and non-ferrous metals as listed in Annex I to Directive 2003/87/EC
  149. AScope
  150. BSpecific monitoring rules
  151. CO2 Emissions from production or processing of primary aluminium as listed in Annex I to Directive 2003/87/EC
  152. AScope
  153. BSpecific monitoring rules
  154. PFC emissions from production or processing of primary aluminium as listed in Annex I to Directive 2003/87/EC
  155. AScope
  156. BDetermination of PFC emissions
  157. Calculation Method A —Slope Method
  158. Calculation Method B —Overvoltage Method
  159. CDetermination of CO2(e) emissions
  160. Production of cement clinker as listed in Annex I to Directive 2003/87/EC
  161. AScope
  162. BSpecific monitoring rules
  163. Calculation Method A:Kiln Input Based
  164. Calculation Method B:Clinker Output Based
  165. CEmissions related to discarded dust
  166. DEmissions from non-carbonate carbon in raw meal
  167. Production of lime or calcination of dolomite or magnesite as listed in Annex I to Directive 2003/87/EC
  168. AScope
  169. BSpecific monitoring rules
  170. Manufacture of glass, glass fibre or mineral wool insulation material as listed in Annex I to Directive 2003/87/EC
  171. AScope
  172. BSpecific monitoring rules
  173. Manufacture of ceramic products as listed in Annex I to Directive 2003/87/EC
  174. AScope
  175. BSpecific monitoring rules
  176. Method A (Input based)
  177. Method B (Output based)
  178. Production of gypsum products and plaster boards as listed in Annex I to Directive 2003/87/EC
  179. AScope
  180. BSpecific monitoring rules
  181. Pulp and paper production as listed in Annex I to Directive 2003/87/EC
  182. AScope
  183. BSpecific monitoring rules
  184. Production of carbon black as listed in Annex I to Directive 2003/87/EC
  185. AScope
  186. BSpecific monitoring rules
  187. Determination of nitrous oxide (N2O) emissions from nitric acid, adipic acid, caprolactam, glyoxal and glyoxylic acid production as listed in Annex I to Directive 2003/87/EC
  188. AScope
  189. Determination of N2O emissions
  190. B.1Annual N2O emissions
  191. B.2Hourly N2O emissions
  192. B.3Determination of flue gas flow
  193. B.4Oxygen (O2) concentrations
  194. B.5Calculation of N2O emissions
  195. B.6Determination of activity production rates
  196. B.7Sampling rates
  197. CDetermination of annual CO2 equivalent — CO2(e)
  198. Production of ammonia as listed in Annex I to Directive 2003/87/EC
  199. AScope
  200. BSpecific monitoring rules
  201. Production of bulk organic chemicals as listed in Annex I to Directive 2003/87/EC
  202. AScope
  203. BSpecific monitoring rules
  204. Production of hydrogen and synthesis gas as listed in Annex I to Directive 2003/87/EC
  205. AScope
  206. BSpecific monitoring rules
  207. Production of soda ash and sodium bicarbonate as listed in Annex I to Directive 2003/87/EC
  208. AScope
  209. BSpecific monitoring rules
  210. Determination of greenhouse gas emissions from CO2 capture activities for the purposes of transport and geological storage in a storage site permitted under Directive 2009/31/EC
  211. AScope
  212. Quantification of transferred and emitted CO2 amounts
  213. B.1Installation level quantification
  214. B.2Determination of transferred CO2
  215. Determination of greenhouse gas emissions from the transport of CO2 by pipelines for geological storage in a storage site permitted under Directive 2009/31/EC
  216. AScope
  217. BQuantification methodologies for CO2
  218. B.1Method A
  219. B.2Method B
  220. B.2.1Fugitive emissions from the transport network
  221. B.2.2Emissions from leakage events
  222. B.2.3Vented emissions
  223. Geological storage of CO2 in a storage site permitted under Directive 2009/31/EC
  224. AScope
  225. BQuantification of CO2 emissions
  226. B.1Vented and fugitive emissions from injection
  227. B.2Vented and fugitive emissions from enhanced hydrocarbon recovery operations
  228. B.3Leakage from the storage complex
  229. Annex VMinimum tier requirements for calculation-based methodologies involving Category A installations and calculation factors for commercial standard fuels used by Category B and C installations (Article 26(1))
  230. Annex VI: Reference values for calculation factors (Article 31(1)(a))
  231. 1Fuel emission factors related to net calorific values (NCV)
  232. 2Emission factors related to process emissions
  233. 3Global warming potentials for non-CO2 greenhouse gases
  234. Annex VIIAnnex VII
  235. Annex VIII: Measurement-based methodologies (Article 41)
  236. 1Tier definitions for measurement-based methodologies
  237. 2Minimum requirements
  238. Determination of GHGs using measurement-based methodologies
  239. Equation 1:Calculation of Annual Emissions
  240. Calculation of the concentration using indirect concentration measurement
  241. Equation 3:Calculation of the concentration
  242. Substitution for missing concentration data for measurement-based methodologies
  243. Equation 4:Substitution for missing data for measurement-based methodologies
  244. Annex IXMinimum data and information to be retained in accordance with Article 66(1)
  245. 1Common elements for installations and aircraft operators
  246. 2Specific elements for stationary source installations
  247. 3Specific elements for aviation activities
  248. Annex X: Minimum content of Annual Reports (Article 67(3))
  249. 1Annual emission reports of stationary source installations
  250. 2Annual emission reports of aircraft operators
  251. 3Tonne-kilometre data reports of aircraft operators