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Regulation Of Small Installations Excluded From The Sistemacomunitario To The Greenhouse Gas Emission Allowance Trading Within The Meaning Of Article 38 Of Legislative Decree No 30 March 13, 2013. (Resolution 16/2013).

Original Language Title: Disciplina degli impianti di dimensioni ridotte esclusi dal sistemacomunitario per lo scambio delle quote di emissione di gas ad effettoserra ai sensi dell'articolo 38 del decreto legislativo 13 marzo2013, n. 30. (Delibera n. 16/2013).

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The NATIONAL COMMITTEE for the management of Directive 2003/87/EC and for the support to manage project activities under the Kyoto Protocol having regard to Directive 2003/87/EC as amended by Directive 2009/29/EC; Visto l'art. 27 of that directive, which governs the exclusion of small installations subject to equivalent national measures approved by the European Commission; Having regard to the Legislative Decree March 13, 2013, n. 30, "implementation of Directive 2009/29/EC amending Directive 2003/87/EC so as to improve and extend the Community system for the exchange of greenhouse gas emissions.ยป (hereinafter "Decree No 30/2013"), and in particular art. 38 laying ' exclusion of small installations subject to equivalent measures; Having regard to resolution No. 12/2012 of this Committee laying down ' rules ' for the purposes of applying article 27 of Directive 2003/87/EC as amended by Directive 2009/29/EC ', which was notified to the European Commission on May 20, 2012 by the Chairman pro tempore of this Committee; Having regard to the requests for exclusion made by managers, according to art. 38, subparagraph 5 of Legislative Decree No 30/2013; Visto l'art. 38, paragraphs 6 and 7, of Legislative Decree No. 30/2013, which prescribe minimum criteria and obligations, respectively, for the enactment of simplified provisions for monitoring and reporting greenhouse gas emissions, the identity of the operator of communication of any changes to the nature and operation of the system and communication expansions or reductions of production capacity; Having regard to the European Commission, December 12, 2012 letter prot. Climate/B2/HB Ares (2012) 1478624, which raises no objections to the equivalent national Measures proposed by Italy with resolution 12/2012 and prescribes the application to 166 plants attached to the letter, with its total annual emissions permitted for each of them; Having regard to decision No 406/2009/EC of the European Parliament and of the Council of April 23, 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the community's commitments to reduce greenhouse gas emissions by 2020; Given that the Commission's letter mentioned above also specifies that "these numbers will also be used as the basis to adjust the objectives related to the share of the effort, as laid down in art. 10 decision 406/2009/EC '; On a proposal from the technical secretariat approved by written procedure on July 25, 2013;
Resolution: Art. 1 excluding installations from the community information exchange system of greenhouse gas emissions pursuant to Directive 2003/87/EC. 1. In accordance with art. 38 of Legislative Decree No 30/2013 and in accordance with the requirements set out in this resolution, with effect from 1 January 2013 implants in Annex 1, in effect an integral part of this decision, are excluded from the Community scheme for trading greenhouse gas emissions (ETS) under Directive 2003/87/EC. 2. To set forth in paragraph 1, for the period of exclusion from the community information exchange system of greenhouse gas emissions trading scheme (ETS) Directive 2003/87/EC, apply only to articles 2, 3, 4, 24, 28, 30, 31, 33, 38, 39, 40, 42, 44 and 45 of the Legislative Decree March 13, 2013 , # 30 (hereinafter "Decree No. 30/2013 ") as well as the resolutions, including the present, issued by this Committee such as ' national equivalent Measures ' within the meaning of art. 38 of Legislative Decree No 30/2013. 3. In accordance with the provisions of art. 38, paragraph 2, of Legislative Decree 30/2013, the facility referred to in annex 1, in one of the years of the period 2013-2020, emits more than 25,000 tCO2eq., falls, with effect from 1 January of the year following that in which he exceeded that threshold, in the Community system for trading greenhouse gas emissions pursuant to Directive 2003/87/EC and cannot be subject to additional exclusion. The check is made on the basis of the annual emissions report referred to in art. 7.