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Decree Of 24 August 2011 Concerning The National System Of Emissions Inventories And Balance Sheets In The Atmosphere

Original Language Title: Arrêté du 24 août 2011 relatif au système national d'inventaires d'émissions et de bilans dans l'atmosphère

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JORF n°0212 of 13 September 2011 page 15336
text No. 3



Decree of 24 August 2011 on the national system of emission and balance sheet inventories in the atmosphere

NOR: DEVR1124328A ELI: https://www.legifrance.gouv.fr/eli/arrete/2011/8/24/DEVR1124328A/jo/texte


Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the Geneva Convention on Long-range Transboundary Air Pollution;
Considering the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in Aarhus on 25 June 1998;
Considering Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001, setting national emission ceilings for certain air pollutants;
Considering Directive 2003/4/EC of the European Parliament and the Council of 28 January 2003 on environmental information;
Considering Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the Community;
Considering Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing a geographic information infrastructure in the European Community;
Considering Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 concerning the quality of ambient air and a clean air for Europe;
Considering the Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy from renewable sources;
Considering Directive 2009/29/EC of the European Parliament and of the Council of 23/04/09 amending Directive 2003/87/EC to improve and extend the community-based system for the exchange of greenhouse gas emission quotas;
Considering Directive 2009/31/EC of the European Parliament and the Council of 23 April 2009 on the geological storage of carbon dioxide;
Having regard to Council decision 2002/358/EC of 25 April 2002 on the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint implementation of its commitments;
Having regard to Council decision 2003/507/EC of 13 June 2003 approving the accession of the European Community to the Gothenburg Protocol to the 1979 Convention on Long-range Transboundary Air Pollution, on the reduction of acidification, eutrophication and ground-level ozone;
Considering decision 280/2004/EC of the European Parliament and the Council of 11 February 2004 on a mechanism to monitor greenhouse gas emissions in the Community and to implement the Kyoto Protocol and 2005/166/EC;
In view of Commission decision 166/2005/EC of 10 February 2005 establishing the modalities for the implementation of decision 280/2004/EC of 11 February 2004 on a mechanism to monitor greenhouse gas emissions in the Community and to implement the Kyoto Protocol;
Considering decision 406/2009/EC of the European Parliament and the Council of 23 April 2009 on the effort to be made by member States to reduce their greenhouse gas emissions in order to meet the Community's commitments to reduce greenhouse gas emissions by 2020;
Considering the environmental code;
Vu la Act No. 2000-645 of 10 July 2000 authorizing the approval of the Kyoto Protocol to the United Nations Framework Convention on Climate Change;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment;
Vu le Decree No. 2010-1250 of 21 October 2010 relative to air quality;
Vu le Decree No. 2011-829 of 11 July 2011 the assessment of greenhouse gas emissions and the territorial climate-energy plan;
In view of the decision of October 21, 2010 on air quality and public information monitoring procedures;
On a proposal by the Director General of Energy and Climate,
Stop it!

Article 1 Learn more about this article...


The Minister in charge of ecology (general direction of energy and climate) ensures the establishment and monitoring of a system of national and territorial inventories of air pollutant emissions, and greenhouse gas emission balances, known as the national system of emission inventories and balances in the atmosphere (SNIEBA).
This inventory and balance sheet system allows France to estimate emissions of major air pollutants and emissions and removals of greenhouse gases by the various sectors of activity.
It is organized to ensure consistency of results for all uses of this data, in particular those to meet the obligations resulting from European directives and decisions as well as international conventions and their protocols.

Article 2 Learn more about this article...


I. ― The Ministry of Ecology can entrust the production of national inventories to a certified body according to ISO 9001, for the technical realization of emission inventories in the air.
Where appropriate, this organization proposes methods, collects information, processes data and develops reports, databases and other information materials necessary for the smooth running of these tasks and the publication of inventories. It participates in the work of the Group of Consultation and Information on Emission Inventories (GCIIE) set out in Article 6 to ensure consistency of the methods proposed by the two poles and those of the national inventory defined in Article 8 below.
II. ― The Ministry of Ecology can entrust the completion of the methodology for the establishment of territorial inventories and the monitoring of its good use to organizations certified in accordance with ISO 9001, or organizations with recognized expertise in this area.
III. ― The department in charge of ecology can entrust the implementation of the methods for establishing greenhouse gas emission balances, defined by theArticle 75 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, and monitoring their good use under the same conditions as in II above.

Article 3 Learn more about this article...


National inventories under the SNIEBA are listed in Appendix I to this Order.
The methods used in the territorial inventories carried out under the SNIEBA are consistent with those of the inventories listed in Appendix I to this Order. They help to meet the specificities of PPA inventories (atmosphere protection plan).
The methods used in the greenhouse gas emission balances carried out under the SNIEBA take into account those of the inventories listed in Appendix I to this Order with respect to common areas (direct emissions).

Article 4 Learn more about this article...


I. ― The implementation of national inventories is based on:
- on the one hand, data and statistics made available by departments and agencies in accordance with the indicative list in annex II;
- on the other hand, data from experts and organizations other than those mentioned above, the list of which is given in the methodological report provided for in Article 5 of this Order.
The procedures and methods used for the development of national inventories are consistent with the requirements and guidelines for good practices approved by the bodies of international conventions or the European Commission.
II. ― The development of the methodology for the realization of territorial inventories and their updating is based, inter alia, on the exchange of data between the departments and agencies listed in the indicative list in Appendix II to this Order.
III. ― For the purposes of I and II above, the department responsible for ecology or, where appropriate, the agency to which it has entrusted the realization of national inventories is responsible for defining and implementing the provisions necessary to obtain such data.
As appropriate, conventions may be established between the Department of Ecology and other relevant departments and agencies.

Article 5 Learn more about this article...


The Ministry of Ecology prepares and updates a methodological report for national inventories that describes:
– the organization of the SNIEBA and its functional provisions on national inventories;
– the methods used, the types of activity data (including those listed in Appendix II) and emission factors, as well as the repositories used to carry out the various national inventories;
– the quality assurance and control program implemented;
– the measures taken to assess uncertainties;
– the data sources used.
Where applicable, the completion of this report may be entrusted to the body referred to in Article I of this Order. This report is validated by the ministry in charge of ecology. It is accessible to the public and accessible on the website of the aforementioned organization.

Article 6 Learn more about this article...


Departments involved in the development of national and territorial inventories, and greenhouse gas emission balances, which are listed in Appendix III, meet within the IMG.
This group is piloted by the General Directorate of Energy and Climate (DGEC), and its secretariat may, if applicable, be provided by the organization cited in Article 2 I of this Order.
ICGIE provides missions whose results and publications are validated by the Ministry of Ecology.
These missions are:
― render an opinion on national inventory methodology and draft national inventory reports;
― rendering an opinion on the work of the National Coordination Pole on the greenhouse gas emission balances defined in Article 8, and in particular on methods and formats of restitution;
― rendering an opinion on the work of the National Coordination Pole of Territorial Inventories as defined in Article 8, and in particular on the methodology for establishing territorial inventories;
– coordinating the work and results of the poles defined in Article 8.
Technical working subgroups may be gathered to work more specifically on sectors of the national inventory.
The Minister for Ecology approves the methodology and national inventories listed in Annex I according to the deadlines and formats required, in accordance with France's obligations in this area as well as the work and results of the national coordination poles on greenhouse gas emission balances and territorial inventories, whose missions are defined in Article 8. This work and results will be published by the Ministry in charge of ecology.

Article 7 Learn more about this article...


The Minister for Ecology shall communicate national emission inventories to international bodies.
The Ministry of Ecology reports annually to the European Commission the territorial inventories of the areas affected by one or more air quality standards exceedances. To do so, the Department of Ecology relies on territorial inventories in accordance with the methodology developed under the SNIEBA.
The Ministry of Ecology ensures the distribution of the emission inventories listed in Annex I to the organizations concerned with their national and local applications (departments, DREAL, public institutions, industrial federations, NGOs...) and the public by appropriate means; it shall, where appropriate, use the bodies to which it has entrusted the implementation of the inventories.

Article 8 Learn more about this article...


The IMG organizes two national coordination hubs for a period of up to 31 December 2012.
On the one hand, the National Coordination Pole on Greenhouse Gas Emission Assessments defined by theArticle 75 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment. His missions are defined in section R. 229-49 of the Environmental Code.
It proposes to the ICGIE for advice the methodological choices necessary to carry out greenhouse gas emission balances and to ensure consistency of results with regard to, inter alia, obligations arising from international conventions, European directives and decisions. The pole is based on the principles of ISO 14064-1 "Green gases". Part 1: Specification and guidance, at the organization level, for the quantification and reporting of greenhouse gases and their removal" or any internationally recognized reference method with equivalent requirements.
It prepares the provision of a method for the preparation of a greenhouse gas emission balance sheet for territorial authorities meeting the requirements mentioned in theArticle 2 of Decree No. 2011-829 of 11 July 2011 the assessment of greenhouse gas emissions and the territorial climate-energy plan.
It ensures, in collaboration with the Department of National Coordination of Territorial Inventories, consistency in methods for direct greenhouse gas emissions.
This pole is driven by the general direction of energy and climate; its secretariat is provided by the Environment and Energy Control Agency (ADEME). The list of members of this pole is detailed in Appendix IV.
The cluster relies, in particular, on the work of the ADEME Base Carbon Governance Committee for the proposal of default emission factors made available to eligible entities for the implementation of Article 75 of their greenhouse gas emission balances.
On the other hand, the focal point for the national coordination of territorial inventories, provided for in articles L. 221-6, L. 222-1 and R. 222-15 of the Environmental Code, and defined as an inventory of direct emissions of air pollutants and greenhouse gases in a given territory in France.
This pole develops and proposes to the ICGIE for advice the method of territorial inventory of direct emissions of air pollutants and greenhouse gases in the cities of more than 250,000 inhabitants and in areas overtaking or risk of exceeding air quality standards. This method specifies the databases and emission factors used, as well as the emission calculation methods.
It ensures consistency with GCIIE in the inventory formats under the Emission Inventory Guidelines and Protocols and, in collaboration with the National Coordination Pole on Greenhouse Gas Emission Assessments, ensures consistency in the methods for direct greenhouse gas emissions.
This hub proposes and assesses all methodological developments used in the territorial emission inventories required for air quality assessment. In particular, approved air quality monitoring organizations will present to this cluster all the changes envisaged in their inventories.
This hub is also responsible for developing an update mechanism for territorial inventories through the drafting of projects for data exchange agreements between the Ministry in charge of ecology, other data-holder organizations and approved bodies for air quality monitoring.
It ensures the quality of territorial inventories, including through the analysis of technical audits of inventories carried out in approved air quality monitoring bodies by the national air quality monitoring system.
It reports annually to ICGIE on the implementation of territorial inventories.
This pole is led by the general management of energy and climate, and its secretariat is provided by the National Institute of Industrial Environment and Risk (INERIS).
The list of members of this pole is detailed in Appendix V.
The animation of the productions of the centre of national coordination of territorial inventories will be carried out jointly by the National Federation of Chartered Air Quality Monitoring Associations (ATMO France), the Inter-Professional Technical Centre for Air Pollution Studies (CITEPA) and IINERIS.

Article 9 Learn more about this article...


The National System of Air Pollutant Emission Inventory Order of 29 December 2006 is repealed.

Article 10 Learn more about this article...


The Director General of Energy and Climate is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E S
    A N N E X E I
    LIST OF INVENTORS IN THE FRAMEWORK OF SNIEBA
    (NOTAMMENT IN LIEN WITH THE REPORTING OBLIGATIONS 2010)




    FRAMEWORK
    ORGANIZED
    INVENTARY NAME
    ELEMENTS OF THE INVENTORY

    United Nations Framework Convention on Climate Change/ Kyoto Protocol

    United Nations
    (Convention secretariat)

    UNFCCC (annual)

    CRF data tables
    Convention scope
    + report including methodology


    European Commission

    UNFCCC-K (annual)

    CRF data tables
    Kyoto perimeter
    + report including methodology



    UNFCCC + UNFCCC-K
    + additional elements (annual)

    Same above
    + specific annexes

    United Nations Economic Commission for Europe Convention on Long-range Transboundary Air Pollution

    United Nations ―
    Economic Commission for Europe (Convention Secretariat)

    UN/ECE (annual)

    NFR data tables
    + report including methodology


    European Commission

    UN/ECE (annual)

    NFR data tables
    + report including methodology

    United Nations Economic Commission for Europe Convention on Long-range Transboundary Air Pollution

    United Nations ―
    Economic Commission for Europe (Convention Secretariat)

    UN/ECE/EMEP (quinquennial)

    Report and data tables

    European Guidelines for Large Combustion Facilities/IED

    European Commission

    GIC (annual/annual upon request by the EC)

    Data tables

    European Directive on National Emission Ceilings

    European Commission

    NEC (annual)

    Data tables

    EUROSTAT Economic Statistics Programme (regulation in progress)

    EUROSTAT

    NAMEA

    Data tables and reports

    Climate plan

    Ministry of Ecology

    Climate plan (annual)

    Data tables

    Environmental Code (national emission data)

    Ministry of Ecology

    SECTEN (annual)

    Report

    European Directive on ambient air quality

    European Commission

    PPA (annual)

    Data tables and reports


    The "UN-ECE" and "UN-ECE/EMEP" inventories cover substances related to acidification, eutrophication and photochemical pollution, heavy metals, persistent organic products and dust (total and fine), substances covered by the Convention on Long-range Transboundary Air Pollution (including SO2, NOx, NMVOC, CO, particulate matter related to climate).
    For the "EEC-NU/EMEP" inventory, geographical coverage is Metropolitan France, with a presentation of data according to a geographical mesh of 50 × 50 km (323 cells in total).
    The "UNFCCC" inventories cover the direct greenhouse gases listed in Annex A to the Kyoto Protocol, in addition to the global warming power (GWP) and the four indirect greenhouse gases (SO2, NOx, NMVOC, CO) to be reported under the Framework Convention on Climate Change and the Kyoto Protocol.
    Geographic coverage includes the metropolis and the overseas, for the framework convention, the metropolis and the overseas PTOM for the Kyoto protocol.
    The "Climate Plan" inventory takes over the Greenhouse Gas Inventory submitted to the United Nations as part of the Kyoto Protocol in a general public format.
    The "NEC" inventory covers substances covered by the National Emission Ceiling Directive: SO2, NOx, NMVOCs and NH3.
    The "SECTEN" inventory (economic and energy sector) takes over all of the pollutants studied and proposes analyses by conventional sectors and subsectors reflecting the different common economic actors. Geographic coverage is Metropolitan France.
    The "GIC" inventory is concerned with emissions from large combustion plants covered by the GIC and IED directives relating to SO2, NOx and total dust on the perimeter of the metropolis and overseas PTOM.
    The "NAMEA" inventory provides emissions according to an economic nomenclature for the same substances as UNCC and UN/ECE inventories with the exception of persistent organic pollutants. The geographic scope applies to the metropolis and the overseas region outside PTOM.
    The "PAP" inventories cover air pollutants cited in Directive 2008/50/EC. The methodology for territorial inventories will also include greenhouse gases (CO2, CH4 and N2O). Their geographic coverage includes the metropolis and the overseas outside PTOM.
    The list of inventories described or their characteristics may be modified by the international bodies referred to in Article 1.


    A N N E X E I
    INDICATIVE LIST OF STATISTICS AND DATA RELATING TO PUBLIC BODIES
    OR ANY MISSION OF PUBLIC SERVICE USED FOR EMISSION INVENTORIES




    SECTOR
    TYPE OF DATA
    ORGANIZE
    Data

    Energy

    Energy assessment.
    Energy consumption in France.
    Consumption and ventilation of non-energy petroleum products.
    Energy consumption in the industry.
    Energy consumption in residential and tertiary.
    Renewable energy consumption in industry and residential/tertiary.
    Petrochemical balance.

    Department
    Industry


    Annual releases of pollutants from certain classified facilities.

    Department
    of Ecology


    Energy consumption in agricultural and food industries (IAA).

    Department
    Agriculture and Fisheries


    Nation transport accounts.
    Maritime transport statistics.
    Air transport statistics.

    Department
    Transport

    Industrial processes

    Annual releases of pollutants from certain classified facilities.

    Department
    of Ecology


    Production of IAAs. Branch investigations.

    Department
    Agriculture and Fisheries


    Industrial statistics.

    INSEE


    Inventories of refrigerant fluids.

    ADEME

    Solvent use
    and other products

    Annual releases of pollutants from certain classified facilities.

    Department
    of Ecology


    Production, imports and exports, paint/ink/colle consumption.

    INSEE and Ministry
    Foreign Trade Officer

    Agriculture

    Agricultural statistics.
    Characterization of livestock modes (dejection management mode, buildings).
    Characterization of cultural practices.
    Emission factors.

    Department
    Agriculture and Fisheries
    INRA

    UTCF
    (use of land,
    change in assignment
    and Forestry)

    Forest statistics.
    Use of the territory.
    Wood harvest and sawn production.

    Department
    Agriculture and Fisheries


    Increase and forest stocks in metropolis.

    IFN


    Global solar temperature/raying.

    RenEcofor/ONF Network

    Waste

    Inventory of household and similar waste treatment facilities.
    Statistics waste at risk.
    Industrial waste statistics.

    ADEME and Ministry
    in charge of ecology


    Statements of pollutant releases.
    Dioxin monitoring/heavy incineration plants.

    Department
    of Ecology

    All sectors

    All or part of the above elements by sectors for territorial inventories.

    See above, and
    AASQA, CITEPA, services
    communities


    A N N E X E I I


    LIST OF MINISTERS AND ORGANIZATIONS PARTICIPING TO THE GROUP OF CONCERTATION AND INFORMATION ON EMISSION INVENTORIES (GCIIA)
    Ministry of Agriculture:
    Statistics and Forward-looking Service (SSP);
    Agricultural, Agri-Food and Territories Policy Branch (DGPAAT).
    Ministry of Economy, Finance and Industry:
    General Directorate of Competitiveness, Industry and Services (DGCIS);
    Treasury Branch (TBS);
    INSEE Branch.
    Ministry of Ecology:
    General Directorate of Energy and Climate (DGEC);
    General Directorate of Planning, Housing and Nature (DGALN);
    General Directorate of Risk Prevention (DGPR);
    Compliance and Statistics Service of the Office of the Commissioner-General for Sustainable Development (CGDD/SOeS).
    Ministry of Transport:
    Civil Aviation Branch (DGAC);
    General Directorate of Infrastructure, Transport and the Sea (DGITM).
    Ministry of Research.
    Agence de l'environnement de la maîtrise de l'énergie (ADEME), as secretary of the national coordination centre on greenhouse gas emission balances.
    Institut national de l'environnement industrielle et des risques (INERIS), as secretary of the centre of national coordination of territorial inventories.
    As appropriate, other departments, agencies or experts will be associated with the IWG.


    A N N E X E IV
    OLE OF NATIONAL COORDINATION
    SUR LES BILANS D'ÉMISSIONS DE GAZ à EFFET DE SERRE


    Ministry of Economy, Finance and Industry:
    General Directorate of Competitiveness, Industry and Services (DGCIS);
    Treasury Branch (TBS);
    INSEE Branch.
    Ministry of Ecology:
    General Directorate of Energy and Climate (DGEC);
    General Directorate of Planning, Housing and Nature (DGALN);
    General Directorate of Risk Prevention (DGPR);
    Compliance and Statistics Service of the Office of the Commissioner-General for Sustainable Development (CGDD/SOeS).
    Ministry of Transport:
    Civil Aviation Branch (DGAC);
    General Directorate of Infrastructure, Transport and the Sea (DGITM).
    Ministry of Agriculture:
    Statistics and Forward-looking Service (SSP);
    Agricultural, Agri-Food and Territories Policy Branch (DGPAAT).
    Ministry of Interior, Overseas, Territorial Communities and Immigration:
    Local Government Branch;
    General delegation to the overseas.
    Ministry of Defence and Veterans Affairs.
    Organizations referred to in I, II and III of Article 2 of this Order.
    Energy Control Environment Agency (ADEME).
    Association des régions de France (ARF).
    Association des departments de France (ADF).
    Associations of Mayors of France (AMF).
    Assembly of the communities of France (AdCF).
    Association des communautés urbains de France (ACUF).
    Association des mayors de grandes villes de France (AMGVF).
    Association française des entreprises privées (AFEP).
    Mouvement des entreprises de France (MEDEF).
    National Association of Food Industries (ANIA).
    Association des professionnels en council carbon (APCC).
    Network of Regional Energy Agencies (RARE).
    As required, other departments, agencies or experts will be associated with the cluster.


    A N N E X E V
    OLE OF NATIONAL COORDINATION
    TERRITORAL INVENTORIES


    Ministry of Ecology:
    General Directorate of Energy and Climate (DGEC);
    General Directorate of Risk Prevention (DGPR);
    General Directorate of Planning, Housing and Nature (DGALN);
    Compliance and Statistics Service of the Office of the Commissioner-General for Sustainable Development (CGDD/SOeS);
    Regional Directorates of Environment, Development and Housing (REAL).
    Ministry of Transport:
    General Directorate of Infrastructure, Transport and the Sea (DGITM).
    Ministry of Agriculture:
    Statistics and Forward-looking Service (SSP);
    Agricultural, Agri-Food and Territories Policy Branch (DGPAAT).
    Organizations referred to in I, II and III of Article 2 of this Order.
    Interprofessional Centre for Air Pollution Studies (CITEPA).
    Certified Air Quality Monitoring Associations (AASQA).
    AASQA National Federation (ATMO France).
    Institut national de l'environnement industrielle et des risques (INERIS).
    Association des régions de France (ARF).
    Association des departments de France (ADF).
    Association of Mayors of France (AMF).
    Association des communautés de France (AdCF).
    Association des communautés urbains de France (ACUF).
    Association des mayors de grandes villes de France (AMGVF).
    Association des professionnels en Conseil Carbone (APCC).
    As required, other departments, agencies or experts will be associated with the cluster.


Done on 24 August 2011.


For the Minister and by delegation:

Director General

energy and climate,

P.-F. Chevet




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