The Kyoto Protocol's Project Mechanisms For The Implementation Of The

Original Language Title: Kioto protokola projektu mehānismu īstenošanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/178089

Cabinet of Ministers Regulations No. 510, Riga, July 7, 2008 (pr. Nr. 33. § 46) Kyoto Protocol mechanisms for the implementation of projects issued in accordance with the law "on the participation of the Republic of Latvia, the flexible mechanisms of the Kyoto Protocol in" article 14 i. General questions 1. determines the procedure: 1.1. how implementing the Kyoto Protocol's project mechanisms;
1.2. a grant under the Kyoto Protocol emission reduction units, certified emission reduction units, removal units and assigned amount units;
1.3. how the European Union emission trading scheme used in emission reduction units and certified emission reduction units. 2. the Kyoto Protocol's project mechanisms implementation includes the activities related to the Kyoto Protocol (hereinafter referred to as the Protocol) for the project (hereinafter the project) the preparation and approval of the application, implementation and monitoring of the project. 3. The Republic of Latvia registered legal person abroad the draft protocol submitted to the approval of the facility under the Republic of Latvia and other countries concluded a memorandum of understanding on the joint project implementation mechanisms of the Protocol. II. submission of project preparation, submission and approval of the project proponent of the Republic of Latvia or any other country to a legal person, the project ideas submitted in writing to the application environment. Project ideas submission prepared according to annex 1 of these rules. With land use, land-use change and forestry-related project proponent can be legal and natural person. 5. If the measures referred to in the submissions of ideas are related to the production of hydroelectric power plant, with a capacity exceeding 20 MW, the project proponent shall ensure compliance with the laws governing the requirements for hidrotehniskaj structures, as well as take into account the global dam management Commission of November 2000 report "dams and development. A new framework for decision-making ". (Message electronically available on the home page of the Ministry of the environment of the internet.) 6. the Ministry of the environment within 14 days after receipt of the application, the project ideas evaluated its compliance with the Protocol of 6 or 12, as well as prepare and send to the initiator of the draft opinion. Project ideas evaluated pursuant to the application of the following criteria: 6.1. emission reduction (tonnes per year) or carbon dioxide in the attraction (biomass) and the total emission reduction during project implementation;
6.2. return on assets (including emission reduction unit value) and payback period. 7. If in the opinion of the Ministry of the environment's proposals or objections submitted project idea, project initiators application within 14 days of receipt of the opinion clarified the project idea submission and resubmit it for assessment. Environment Ministry repeatedly submitted project ideas submissions assessed within 14 days of its receipt. 8. If, in the opinion of the Ministry of the environment has argued repeatedly submitted project idea submission, Environment Ministry stopped the project ideas with consideration of the application, and within seven days notify the proponent of the project. 9. If the opinion of the Ministry of the environment is not a proposal or objection on the submitted project idea submission and it supports the further progress of the project, the project proponent within 90 days of the submission of the project prepared in accordance with Annex 2 of these rules. 10. the project proponent shall submit in writing to the Ministry of the environment in the project application. Application of the project include: 10.1. base scenario description;
10.2. a description of additionality;
10.3. the monitoring schedule. 11. The base case description identifies all possible GHG emissions from specific sources or potential attraction that could occur if not implemented in the current project. Description of the basic scenario meets the following criteria: 11.1. emission or pegging calculations made on the basis of the particular project or another project emission factors;
11.2. it forms a transparent structure for the assumptions, methodologies, parameters, data sources and particular circumstances. 12. the Complementarity of the description summarizes the laws and requirements in the field of environmental protection, as well as technological, technical, or financial information on planned measures in the implementation of the project. Description of additionality shall meet the following criteria: project submission 12.1. the actions provided for are not laid down in the laws and regulations of environmental protection;
12.2. the project uses technologies or practices which, in respect of greenhouse gas emissions equivalent to or better than the corresponding economic sector or sector the dominant technology. 13. Description of Monitoring collects information about: 13.1. data collection and storage procedures to evaluate or measure the greenhouse gas emissions or raising the volume of the project for a fixed period, as well as the base case;
13.2. the monitoring of the quality assurance and control procedures. 14. the project submission and the information provided is available to the public environmental protection laws and regulations. If the project proponent believes that some of the information is limited by the availability of the information to be submitted separately, and indicate the reasons why the information is considered a restricted access information. If the information with the Ministry of the environment decision is recognised as a restricted access information, Ministry of the environment provides its protection under the legislation on freedom of information. If the Environment Ministry does not agree that the information is to be considered as restricted access information, it shall take appropriate decisions and their reasonable written notice to the proponent of the project. That decision, in the month following its adoption can be appealed in the Court of the administrative procedure law. 15. Seven days after receipt of the application to the Ministry of the environment statement on project submissions in the Ministry of the environment website on the internet and sent electronically to stakeholders who have expressed the wish to receive such communication and Environment Ministry submitted an e-mail address to which the notification will be sent. 16. The notification shall specify the place and the period to which you may be familiar with the project application and to submit proposals. The deadline for the submission of proposals may not be less than one month from the receipt of the application for the project. 17. On the date of receipt of the application shall be considered the date on which the project proponent has submitted an application for the project according to the rules in paragraph 9 and 10. 18. Seven days after the end of the period for submission of proposals the Ministry of the environment shall inform the proponent of the project proposals received and indicates to which they are evaluated and, if necessary, refine the project submission. 19. the project proponent project submission specified in writing sent to the inspection referred to in paragraph 20 of the institution. If the project proponent is not made within the time limit specified in the project application, the Ministry of the environment has the right to suspend consideration of the application of the project, seven days notice to the proponent of the project. 20. Validation and verification checks in accordance with the requirements laid down in these provisions make the inspection bodies accredited to a government agency "Latvian National Accreditation Bureau" in the standard LVS EN ISO/17020:2005 "ECU main criteria for different types of bodies performing inspection", for which the accreditation of the Ministry of economy has published a notice in the newspaper "journal", or in other Member States of the European Union notified body. 21. the inspection body shall meet the following requirements: 21.1. the institution's staff have the appropriate skills, the necessary understanding of the mechanism of the draft Protocol, the knowledge and skills of the project checks the environmental aspects of the project, base case calculations and monitoring, appropriate audit requirements and techniques, greenhouse gas emissions and removals of the calculation methods;
21.2. the institution is financially stable, it needs resources and it is insure their civil liability of an amount to cover the possible losses incurred by mistake that the institution of the scope of the risk assessment in cooperation with the institutions calculated the selected insurer;
21.3. the institution's internal procedures are described, and this information is available to the public;
21.4. the institution's governance structure ensures stable quality level of services, including quality control and decision making regarding validation or verification process, as well as: 21.4.1. information is available on the Authority's personnel – name, surname, qualification, experience;
21.4.2. has developed organizational leadership flow chart which clearly traceable to authority, responsibility and allocation of functions;
21.4.3. the institution is available the quality policies and procedures;
21.4.4. are available on the institution's administrative procedures including documents control;

21.4.5. is available on the Authority's recruitment and training policies and procedures that ensure employees the necessary knowledge, skills, and skills, as well as reflect the achievements of employees;
21.4.6. is available in the institution of the complaints and applications submitted to the arbitration proceedings;
21.5. the institution of the legal proceedings instituted against illegal or abusive activity, fraud, professional or other activities that are incompatible with the functions of inspection bodies. 22. the inspection body shall carry out the project application, validation, evaluation or project submission complies with the Protocol to article 6 or 12 and environmental legislation. 23. the inspection authority within 30 days after receipt of the application, the project prepared and sent in writing to the Ministry of the environment and the project sponsor validation report. 24. the validation report for the inspection body, or during project implementation the resulting emission reductions or additional attraction is definable as complementarity, assess whether the project baseline scenario and the monitoring of compliance with the protocol description of 6 or 12 and environmental legislation. 25. If the application of the project in accordance with the validation report corresponds to the draft Protocol mechanism, the Ministry of the environment shall prepare within 14 days of submission of the project to review the rules referred to in paragraph 26 of the project monitoring Council. After validation, the changes in the application of the project can be done only if the Environment Ministry's written consent. 26. composition of the Supervisory Board of the project includes three representatives of the Ministry of the environment, Ministry of Foreign Affairs representative, two representatives of the Ministry of the economy, one representative of the Ministry of transport, two representatives of the Ministry of agriculture, one of the Environmental Advisory Council representative, one representative of the Union of the municipalities of Latvia. Council personnel approved by the Minister of environment. The Council shall act in accordance with the regulations approved by the Minister of the environment. Shall be chaired by the representative of the Ministry of the environment. Ministry of the environment shall perform the functions of the Secretariat of the Council. 27. Project monitoring Council jointly examine the submissions of projects and provide environmental Ministry proposals for the mechanism of the draft protocol status. 28. the Ministry of the environment approves the project application, giving it the status of the draft Protocol mechanism. III. Project implementation and monitoring 29. Project proponent provide: 29.1. the technical implementation of the project according to the project application;
29.2. emissions monitoring is appropriate or commitment to the monitoring schedule. 30. the Ministry of the environment monitors the implementation of the project according to the approved project submission. 31. the project proponent each year up to April 15, Environment Ministry submitted a report on the implementation of the project in the previous calendar year. The report drawn up pursuant to annex 3 of these rules. 32. the project proponent shall submit a written inspection report in the inspection body, which has not taken a project validation and application is independent of the project proponent. 33. The inspection body shall check the report measured or provided in compliance with the project requirements in the application, as well as the methodology used to establish whether the report contains complete, correct and true information on the issue or acquisition of monitoring results. 34. the project proponent is obliged to provide the inspection authority the necessary information and access to technological facilities. 35. the inspection body is responsible for limited access information is not disclosed. 36. The inspection authority within 20 days after the receipt of the annual report is prepared and sent to the project proponent in writing and the Environment Ministry report on the examination of verification results. 37. If this provision 5, 10, 19, 23, 32 and 36 referred to documents submitted in paper form, the project proponent shall submit to the authority of the information contained in the documents, including electronic media, if available. 38. The Ministry of the environment within a month of the project's annual report and the verification report shall assess the verification message and adopt a decision on emission reduction units, removal units, or assigned amount units. That decision, in the month following its adoption can be appealed in the Court of the administrative procedure law. IV. Emission reduction units, certified emission reduction units, removal units and assigned amount units assignment 39. Environment, geology and Meteorology Agency, based on the project proponent's application, open an account for greenhouse gas emission units in the register (hereinafter register of emissions). The application shall include at least two authorized persons entitled to act for the account, as well as each person's name, address, telephone and fax numbers, and e-mail address. 40. Transactions with emission reduction units, certified emission reduction units, or units of assigned amount units carried out electronically using emissions registry. 41. the registry provides emissions emission reduction units, certified emission reduction units, removal units and assigned amount units in stock, replacement and cancellation, transfer records in the country. 42. Emission reduction units, certified emission reduction units, or units of assigned amount units transferred or cancelled at the request of the authorised person. The request shall be submitted electronically in the form of emissions registry homepage on the internet. 43. If the project proponent at the operator, which participates in the European Union emissions trading scheme law "on pollution" in the order, giving the project the proposed emission reduction units, revoke the same number of operators assigned to the emissions quotas. 44. Emission reduction units or removal units are awarded on the basis of the order of the Ministry of the environment for the verification of emission reductions resulting from the implementation of the draft Protocol mechanism with January 1, 2008. 45. to project the proposed emission units allocated in accordance with the provisions of 44, the project proponent shall submit the application to the Ministry of the environment emissions unit. Ministry of the environment when making a decision on the allocation of emission units, take into account the obligations set between the Republic of Latvia and other countries of the memorandum of understanding concluded between the contract of joint implementation mechanism of the draft Protocol. V. emission reduction units and certified emission reduction units use the European Union emission trading system 46. Operator participating in the European Union's emissions trading system, the law "on pollution" in accordance with the procedure laid down in article 20.1 may submit to the Latvian environment, geology and Meteorology Agency application for the account existing emission reduction units, or certified emission reduction units with the substitution of emission quotas (hereinafter referred to as the replacement of the unit). The application shall specify the operator name, legal name, project name, account name, and the number of units and the number of units to be replaced. 47. In deciding on the rules of application referred to in paragraph 46, the Latvian environment, geology and Meteorology Agency shall take into account the following conditions: 29.3. the unit can be replaced up to the percentage of each of the assigned amount of emissions. The percentage is determined by the emission allowances allocation plan for each of the law "on pollution" in the fifth subparagraph of article 24.1 period;
47.2. the unit should not replace if the emission reduction units, or certified emission reduction units assigned to the project activities approved by one or more of the United Nations Framework Convention on climate change referred to in annex I contracting parties who have ratified the Protocol, in accordance with its article 6 or 12, if the measure is related to land use, land-use change, forestry or nuclear installations. 48. The Ministry of the environment decision on replacement of the Unit indicates that the emission reduction units or one certified emission reduction unit that the project proponent has been granted emissions registry, to be replaced with a single emission quota. The above decision of the Ministry of the environment in the month following its adoption can be appealed in the Court of the administrative procedure law. VI. final question 49. Be declared unenforceable: 30.5. Cabinet of Ministers of 13 May 2003, the provisions of no. 257 "UN Framework Convention on climate change Kyoto Protocol jointly provided for in Commission Regulation of projects" (Latvian journal, 2003, no. 73);

30.6. The Cabinet of Ministers on 7 February 2006, the provisions of no. 115 "provisions of the United Nations Framework Convention on climate change Kyoto Protocol project mechanisms and the implementation of activities related to the emission reduction units, certified emission reduction units, removal units and assigned amount units and the use of" (Latvian journal, 2006, nr. 34). Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 27 October 2004 by Directive 2004/101/EC amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community, having regard to the Kyoto Protocol's project mechanisms, and of the European Parliament and of the Council of 28 January 2003 of Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC. Prime Minister i. Godmanis Environment Minister r. vējonis annex 1 Cabinet on July 7, 2008. Regulations No 510 jointly implemented a project idea 1. General information: 1.1. Description of the project;
1.2. implementation of the project;
1.3. information about the project developers (first name, last name, telephone number, fax number, e-mail address, registration number and address);
1.4. information about the person who is designated as the project developer (first name, last name, address, telephone number, fax number and electronic mail address);
1.5. the implementation of the project in time.
2. Technological and financial information: 2.1 a brief technology Description: greenhouse gas emission reductions under the carbon dioxide equivalent (tonnes per year) and the total reduction in emissions during project implementation;
2.2. total acquisition increases during project implementation;
2.3. the original project financial plan: return on assets, including emission reduction unit value and payback period.
3. Reduction of emissions sources and their possible extension: 3.1 previous calculations demonstrate the complementarity of environment and finance, as well as the legal additionality;
3.2. expected reduction and the increase of the degree of attachment.
4. Monitoring. The main elements of the monitoring.
5. consultation of interested parties in the preparatory phase of the investment: 5.1. decisions on publication of information about the project and the availability of information assurance project documentation;
5.2. information for the public on behalf of the interested parties.
6. Summary of the project idea to the public: 6.1 short description of the project;
6.2. preliminary assessment of the environmental impact of the project; the original management plan 6.3 negative environmental impact reduction. Minister for the environment r. vējonis annex 2 Cabinet on July 7, 2008. provisions for Joint No 510 project submission 1. General information: 1.1. Description of the project;
1.2. implementation of the project;
1.3. information about the project developers (first name, last name, telephone number, fax number, e-mail address, registration number and address);
1.4. information about the person who is responsible for the development of the project (name, address, telephone number, fax number and electronic mail address);
1.5. the implementation of the project in time.
2. Technological and financial information: 2.1. technology Description: greenhouse gas emission reductions under the carbon dioxide equivalent (tonnes per year) and the total reduction in emissions during project implementation;
2.2. the initial financial plan of the project: return on assets, including emission reduction unit value and payback period.
3. The base case.
4. Description of Additionality.
5. Description of Monitoring.
6. Environmental impact assessment: 6.1 mandatory environmental impact assessment and its results, including potential changes in emissions can be attributed to the project submission;
6.2. impact on local and regional development;
6.3. the beneficial effects on the environment at local and global level;
6.4. improvement in the social environment;
6.5. the transition to a more efficient and cleaner technologies.
7. consultation of interested parties: 7.1 information on publications that are associated with the project ideas, and application access project application dossier;
7.2. information on the public information activities;
7.3. Summary of consultations, supporting and negative comments summary.
8. project summary of public submissions: 8.1. Description of the project application;
8.2. a brief description of the impact of the project areas and processes;
8.3. the assessment of the environmental impact of the project; 5.2. Description of the measures planned or implemented in order to reduce the negative effects on the environment and human health. Minister for the environment r. vējonis annex 3 Cabinet on July 7, 2008. provisions for Joint No 510 project annual report general information 1:1.1. Description of the project;
1.2. implementation of the project;
1.3. information about the person who is responsible for the implementation of the project (name, address, telephone number, fax number and electronic mail address);
1.4. reference period.
2. information on the base scenario. If there are changes in the scenario, you will need a detailed description and explanation.
3. the project emissions and removals: 3.1 introduction the boundaries of the project: types of emissions or removals that take account of the reference period;
3.2. project emissions or removals estimates supporting details.
4. the implementation of the project in reducing emissions and raising up the reference period: 4.1 the amount of emission reductions in the reporting period (ton/year CO2 eq. nas);
4.2. time schedule for implementation in the next reporting period.
5. Use technology Description: 5.1 built-in appliances, equipment and technical indicator collection;
5.2. detailed description of the changes compared to the project submission;
5.3. technical documentation (documentation of performance measurement results);
6. Financial reports: 6.1. investments and operating costs in the reporting period;
6.2. the State, local authorities, the European Union or other source of financial support for the current period.
7. The reporting period internal audit results.
8. Annual report, a copy of which shall be submitted to the Secretariat of the Convention and the European Commission's DG Environment.
9. A summary of the public: 9.1 emissions scenario, the project limits, the use of technology;
9.2. the emission reductions during the period. Minister for the environment r. vējonis