Read the untranslated law here: https://www.vestnesis.lv/ta/id/129102
Cabinet of Ministers Regulations No. 115 in Riga in 2006 (7 February. 7. § 20) rules for 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 the award Issued in accordance with the law "on the United Nations Framework Convention on climate change Kyoto Protocol article 5 i. General questions 1. terms used in the rules : 1.1. the draft Protocol of implementation mechanisms: activities related to the United Nations Framework Convention on climate change Kyoto Protocol (hereinafter referred to as the Protocol) for the project (the project) the preparation and approval of the application, implementation and monitoring of the project;
1.2. emissions reduction units — unit granted in accordance with article 6 of the Protocol, and which is identical to one tonne of carbon dioxide or a certain number of other greenhouse gases, expressed in CO2 equivalent, taking into account the greenhouse gas global warming potential;
1.3. the certified emission reduction units — unit granted in accordance with article 12 of the Protocol, and which is identical to one tonne of carbon dioxide or a certain number of other greenhouse gases, expressed in CO2 equivalent, taking into account the greenhouse gas global warming potential;
1.4. connecting the unit: the unit granted in accordance with article 6 of the Protocol on the activities related to land use, land-use change and forestry and is identical to one tonne of carbon dioxide;
1.5. the assigned amount units: total allowable greenhouse gas emissions the notional unit for the period 2008 to 2012, which the developed countries have committed themselves not to exceed the Protocol's first commitment period and which is identical to one tonne of carbon dioxide.
2. the rules provide: 2.1. procedures for implementing the Protocol referred to in article 6 projects referred to in article 12 and the clean development mechanism (hereinafter referred to as the draft Protocol mechanism), as well as inform the public;
2.2. procedure in accordance with the Protocol granted emission reduction units, certified emission reduction units, removal units and assigned amount units;
2.3. the order in which the European Union emission trading scheme used in emission reduction units and certified emission reduction units.
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 — 4 in the Republic of Latvia or any other country of the registered legal person — project ideas submissions in writing and electronically submitted to the Ministry of the environment. With land use, land-use change and forestry-related project proponent may be a natural person. If the idea of the measures referred to in the application 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 world dam Commission 2000 management of bj's November report "dams and development. A new framework for decision-making "(report in electronic form available on the Ministry of the environment website on the internet).
5. 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, prepare and send to the project sponsor opinion. Project ideas submissions assessed according to the following criteria: 5.1. emission reductions or the pies here carbon dioxide equivalent (tonnes per year) and the total reduction in emissions during project implementation;
5.2. the return on fixed assets (including the emission reduction unit value) and payback period.
6. 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 ideas and resubmit the application for assessment. Environment Ministry repeatedly submitted project ideas submissions assessed within 14 days of its receipt.
7. If the opinion of the Ministry of the environment has no objection to the proposal or project ideas submitted the application and Environment Ministry supports the further progress of the project, the project proponent within 90 days of the submission of the project shall be prepared.
8. the project proponent in writing and electronically submit project application in the Ministry of the environment. Application of the project consists of: base scenario description 8.1;
8.2. Description of additionality;
8.3. Description of monitoring.
9. The base case description is a document that 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: 9.1. calculation of the emission or commitment made on the basis of the particular project or another project emission factors;
UR9.2.tas creates a transparent structure for the assumptions, methodologies, parameters, data sources and the particular circumstances;
UR9.3.taj are taken into account in environmental legislation requirements relating to the economic sector in which the project proponent intends to implement the project.
10. the Complementarity of the description is a document that the project proponent collected laws and requirements in the field of environmental protection, technological, technical, or financial information on planned measures in the implementation of the project. Description of additionality shall meet the following criteria: 10.1. application activity in the project are not specified in the laws of protection of the environment;
10.2. 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.
11. Description of Monitoring is to document that the project proponent collects information about: 11.1. 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;
11.2. the monitoring of the quality assurance and control procedures.
12. 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, taking into account the information transparency of regulatory legislation. If the Environment Ministry does not agree that the information is considered to be limited by the availability of information, the Ministry of the environment shall take a reasoned decision and give written notice to the proponent of the project. That decision within 30 days of the appeal court of the administrative procedure law.
13. Seven days after the adoption of the project application to the Ministry of the environment statement on project submissions in the Ministry of the environment website on the internet, located on the premises of the Ministry of the environment where it can be consulted any interested person, be sent electronically as well as enthusiasts who have expressed the wish to receive such communication and Environment Ministry submitted an e-mail address to which the notification will be sent.
14. 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 30 days after the date of the application.
15. On the date of application is the date the project proponent has submitted an application for the project according to the rules referred to in point 8.
16. 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 evaluated the proposals submitted and, if necessary, refine the project submission.
17. the project proponent specified project submissions in writing and electronically sent to the inspection body. 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 terminate the project with consideration of the application and shall notify the proponent of the project.
18. 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", or in other Member States of the European Union notified body for which the accreditation of the Ministry of economy has published a notice in the newspaper "journal".
19. the inspection body shall meet the following requirements: 19.1. 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;
19.2. 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;
19.3. the institution of internal procedure is described, and this information is available to the public;
19.4. the institution's governance structure ensures stable quality level of services, including quality control and decision making regarding validation or verification process as well: 19.4.1.ir information is available on the Authority's personnel: first name, surname, qualification, experience;
19.4.2.ir developed organizational leadership flow chart which clearly traceable to authority, responsibility and allocation of functions;
19.4.3.ir available in the institution's quality assurance policy and procedures;
19.4.4.ir available in the institution's administrative procedures including documents control;
19.4.5.ir available in the institutions recruitment and training policies and procedures that ensure employees the necessary knowledge, skills, and skills, as well as reflect the achievements of employees;
19.4.6.ir available in the institution of the complaints and applications submitted to the arbitration proceedings;
19.5. 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.
20. 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.
21. the inspection authority within 30 days after receipt of the application, the project shall be in writing and electronically transmitted to the Ministry of the environment and the project sponsor validation report.
22. 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.
23. 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 draft referred to the Monitoring Committee. After validation, the changes in the application of the project can be done only if the Environment Ministry's written consent.
24. The Monitoring Committee shall operate in accordance with the rules of the Monitoring Committee. Charter and the Monitoring Committee personnel approved by the Minister of environment.
25. the Monitoring Committee consists of representatives from the following institutions: 25.1. Ministry of the environment (three representatives);
25.2. The Ministry of Foreign Affairs (one representative);
25.3. The Ministry of the economy (two representatives);
25.4. The Ministry of transport (one representative);
25.5. The Ministry of agriculture (two representatives);
15.9. the Environmental Advisory Council (one representative);
25.7. the Union of local authorities (one representative).
26. the Supervisory Committee shall be chaired by a representative of the Ministry of the environment. Ministry of the environment shall perform the functions of the Secretariat of the Monitoring Committee.
27. the Supervisory Committee shall examine project applications and provide the environment for the three proposals on the Minis Protocol mechanism of the project status.
28. the Ministry of the environment approves the project application, giving it the status of the draft Protocol mechanism.
III. monitoring and implementation of the project 29. Ministry of the environment monitors the implementation of the project according to the approved project submission.
30. the project proponent provide: 30.1. the technical implementation of the project according to the project application;
30.2. the emission monitoring according to the attraction or the monitoring schedule.
31. the project proponent each year up to April 15, submit a report of the Ministry of the environment emissions or attachment to the results of monitoring in the preceding calendar year.
32. the project proponent reports written and electronically submitted for inspection 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 submitted for compliance with 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 receipt of the report shall be prepared in writing and electronically sent to the sponsor of the project and the Environment Ministry report on the examination of verification results.
37. the Ministry of the environment 14 days evaluate verification message and adopt a decision on emission reduction units, removal units, or assigned amount units. That decision within 30 days of the appeal court of the administrative procedure law.
IV. Emission reduction units, certified emission reduction units, removal units and assigned amount units assignment 38. Environment, geology and Meteorology Agency in accordance with the law "on pollution", 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. Specifies the name of each person's name, address, telephone and fax numbers, and e-mail address.
39. activities with emission reduction units, certified emission reduction units, or units of assigned amount units shall be made by electronic means, via the emissions registry.
40. the register shall Issue emission reduction units, certified emission reduction units, removal units and assigned amount units in stock, replacement and cancellation, transfer records in the country.
41. 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 website on the internet.
42. 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.
43. the emission reduction units or connecting the unit granted for verified emissions reductions resulting from the implementation of the draft Protocol mechanism with January 1, 2008.
44. During the period 1 January 2008 on the verified emissions reductions resulting from the implementation of the draft Protocol, the mechanism may be assigned the same number of assigned amount units.
45. to project the proposed granting of assigned amount units in accordance with the provisions of 44, the project proponent shall submit the application to the Ministry of the environment. Ministry of the environment when making a decision about granting of assigned amount units, take into account the obligations set between the Republic of Latvia and other countries of the memorandum of understanding concluded between the draft Protocol on joint implementation mechanism.
V. emission reduction units and certified emission reduction units use the European Union emission trading system 46. Operator participating in the European Union emissions trading scheme law "on pollution" in the order, with January 1, 2008, may submit an application for the environmental Ministry in 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).
47. In deciding on the rules of application referred to in paragraph 46, the Ministry of the environment takes into account the following conditions: 29.3. replacement of units can take up to a percentage of each quantity of allowances granted. 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 replacement of the unit must not be carried out if 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. That decision within 30 days of the appeal court of the administrative procedure law.
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.
Prime Minister a. Halloween instead of Environment Ministers — Minister of agriculture m. Roze Editorial Note: rules shall enter into force on the 1 March 2006.
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