Advanced Search

Trading of allowances scheme

Original Language Title: Regeling handel in emissierechten

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Scheme of the State Secretary for Infrastructure and the Environment of 5 December 2012 nr. IenM/BSK-2012/239553 for the implementation and implementation of the European greenhouse gas emission allowance trading system (Scheme trading in emission allowances)

The Secretary of State for Infrastructure and the Environment;

Having regard to EU Directive No 2003 /87/EC (trade in greenhouse gas emission allowances), EU regulations No 920/2010 (register of greenhouse gas emission allowance trading), No 1031/2012 (auctioning of greenhouse gas emission allowances), No 600/2012 (verification and accreditation of emissions trading) and No 601/2012 (monitoring and reporting of emissions trading), EU decisions No. 280/2004 (register of greenhouse gas emission allowance trading) and No 2009/450 (further interpretation of Annex I to Directive 2003 /87/EC ) and the Articles 16.6 , 16.12 , 16.13a , 16.14 , 16.21 , 16.23, second paragraph , 16.29 , 16.32, 6th paragraph , 16.34b, 16.39b , 16.39h in connection to the Articles 16.12 and 16.14 , 16.39j, seventh Member , and 16.45 of the Environmental Protection Act ;

Decision:

Chapter 1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this arrangement:

  • Decision 2011 /278/EU: Commission Decision 2011 /278/EU of 27 April 2011 establishing a transitional harmonised free allocation of allowances for the Union as a whole pursuant to Article 10a of the European Parliament and of the Council of 27 April 2011 on the transitional arrangements applicable to the Union of the Union Directive 2003 /87/EC of the European Parliament and of the Council (PbEU L 130);

  • CDM project activity: project activity as referred to in Article 16.46b, first paragraph, part b, of the Act;

  • CDM Council: the Governing Board of the Clean Development Mechanism referred to in Article 12, paragraph 4, of the Kyoto Protocol;

  • accredited independent entity: entity designated in accordance with the procedure laid down in Decision 9/CMP.1, Annex, Section E taken pursuant to the Kyoto Protocol;

  • JI project activity: project activity as referred to in Article 16.46b, first paragraph, part a, of the Act;

  • Kyoto account: account in the KP registry referred to in Article 5 of the Union Registry of Emissions Trading Regulation (EU);

  • Measurement-responsible gas: measuring controller as referred to in the Gas BegrippenList, being a part of the terms and conditions specified in Article 12b of the Gas Act ;

  • Minister: Minister for Infrastructure and the Environment;

  • Multilateral Development Bank: African Development Bank, Asian Development Bank, Caribbean Development Bank, Council of Europe Development Bank, European Investment Fund, European Bank for Reconstruction and Development, European Investment Bank, Inter American Development Bank, Inter-American Investment Corporation, International Bank for Reconstruction and Development and International Finance Corporation, Multilateral Investment Guarantee Agency of Nordic Investment Bank;

  • compliance report hydro-electric project activities: report referred to in Article 58 (g) (g) (1 °);

  • Incorrect declaration: Omission, misrepresentation or fault in the emissions report, with the exception of the permissible uncertainty;

  • operational control: establishment designated in accordance with the procedure laid down in the Decision 3/CMP.1, Annex, Section D taken in accordance with the Kyoto Protocol;

  • account holder: holder of a

    • 1 °. operator holding account as referred to in Article 16 of the Union Registry of Emissions Trading (EU),

    • 2 °. aircraft operator account as referred to in Article 17 of the Union Registry of Emissions Trading Regulation,

    • 3 °. Trading account as referred to in Article 18 of the Union Registry of Emissions Trading,

    • 4 °. person holding account as referred to in Article 18 of the Union Registry of Emissions Trading

    • 5 °. Kyoto account;

  • sub-installation: Product benchmark, heat benchmark, fuel benchmark or process emission sub-installation as referred to in Article 6 of Decision 2011 /278/EU in connection with Article 3 (b), (c), (d) or (h) of that Decision;

  • Law: Environmental Environment Act .


Article 1a

Compare Versions Save Relationships (...) (External Link) Permanent Link

This regulation is based on Directive No 2004 /101/EC of the European Parliament and of the Council of the European Union of 27 October 2004 amending Directive 2003 /87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, with regard to the project-related mechanisms of the Kyoto Protocol (PbEU L 338), at the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Trb), established on 11 December 1997. 1998, 170, and 1999, 110) and the articles 16.46b, fourth and eighth member, of the law .


Article 2 Interpretation and scope of trade in greenhouse gas emission allowances

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The flights referred to in Annex I under 'Aviation', points (a) to (c), (f), (g), (i) and (j) of the EC greenhouse gas emission allowance trading directive shall be interpreted as Annex 1 This scheme.

  • 2 A commercial air transport operator which:

    • a. 243 flights or more runs in a four-month period; and

    • b. Running flights with a total annual issue of 10,000 metric tons or more,

    During the whole calendar year in which these thresholds are reached or exceeded under the scope of Section 16.2.2 of the Act .

  • 3 The local time of departure of the flight shall determine which period of four months referred to in paragraph 2 shall be taken into account.

  • 4 For the purposes of the second paragraph, flights referred to in Annex I, 'Aviation', to (a) to (i) of the EC Directive on greenhouse gas emission allowances shall not be taken into account.


Article 3. Conceptual provisions for the interpretation of emissions trading of greenhouse gas emission allowances

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the application of Article 2 and the based on that article Annex The following definitions apply:

'commercial air transport undertaking' means an operator holding a certificate of air operator (AOC) as referred to in Part I of Annex 6 to the Convention on International Civil Aviation established in Chicago on 7 December 1944 (Trb. 1973, 109);

CRCO exemption code: code for flights designated by the Central Bureau of Route Charges of the Eurocontroller, intended to be used in Article 1.1, first paragraph, of the Aviation Act , for the exemption of flights from route charges;

Period of four months: four months period, January to April, May to August or September to December;

flight: one flight sector, which is one flight or one of a series of flights starting in a parking space of the aircraft and ending in a parking space of the aircraft.

Chapter 2. Monitoring greenhouse gas emissions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Section 2.1. Establishments

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.1.1. Application scope and definition

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4. Application Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link

This department has the application scope of Section 16.2.1 of the Act .


§ 2.1.2. Licence application and monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5. Licence application

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The application for authorisation under Article 16.5 of the Act or the application for amendment, supplement or withdrawal of a permit, intended in Article 16.20a of the Act , shall be made by or on behalf of the person who drives the establishment, to which the application relates.

  • 2 The monitoring plan is part of the request.


Article 6. Licence application for CO2 transport activities

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The application for a CO2 transport permit, referred to in Annex I to the EC greenhouse gas emission allowance trading scheme, contains data showing that the applicant for the licence is the person driving the device as intended for the purpose of Article 16.2a, second paragraph, of the Act and is responsible for the implementation of the obligations under the Regulation monitoring and reporting of emissions trading, Section 16.2.1 of the Act and this arrangement.

  • 2 The permit holder for the transport of CO2, as referred to in Annex I to the EC greenhouse gas emission allowance trading scheme, shall, when notifying a change of the name or address of the holder of the authorisation, shall provide data demonstrating that the Permit holder is the one to drive the device

    as intended in Article 16.2a, second paragraph, of the Act and is responsible for the implementation of the obligations under the Regulation monitoring and reporting of emissions trading, Section 16.2.1 of the Act and this arrangement.


Article 7. Monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A monitoring plan shall be drawn up using a standard form, made available by the Board of the Emissions Authority and made available electronically.

  • 2 If the person who drives a device, the information is intended to be Article 33 , and the data in the context of an application for free allocation of greenhouse gas emission allowances in accordance with Article 42 has been provided per individual greenhouse gas installation, a monitoring plan shall be drawn up per greenhouse gas installation.

  • 3 In accordance with Article 12, third paragraph, of the Regulation monitoring and reporting of emissions trading, the person who drives a device in the monitoring plan shall provide a summary of the procedure set out in that Article. This procedure shall, in any case, concern the recording of data relating to the level of capacity and the level of activity as well as the keeping of these data.


Article 8. Submission of documents accompanying the monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The supporting documents referred to in Article 12 of the monitoring and reporting of emissions trading, as well as the sampling plan referred to in Article 33 of that Regulation, shall be identified by the monitoring plan in accordance with Article 12 of that monitoring plan; regulation.

  • 2 The evidence that an unaccredited measurement body meets the requirements of Article 34 of the Regulation monitoring and reporting emission trading shall be submitted with the monitoring plan in accordance with Article 12 of that Regulation.

  • 3 The management of the issuing authority may request the person who drives the establishment to supply the documents referred to in paragraphs 1 and 2 together.

  • 4 The Board of the Emissions Authority may set a different deadline for the submission of the documents.


§ 2.1.3. Monitoring methodology and quality assurance

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9. Emission factor for natural gas

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of the combustion of natural gas used in a national or regional gas network, the person operating a device for the determination of the emission factor for the source stream shall be natural gas, at which level 3 as specified in section 2.1 from Annex II to the Regulation monitoring and reporting emissions trading is applicable, using a standard emission factor published annually by the Minister.


Article 10. Sustainability of bioliquids

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Where liquid biomass is used within the facility, the person who drives the device to the board of the issuing authority shall provide evidence that the durability of the bioliquids has been demonstrated:

    • a. By a system of sustainability recognised by the European Commission; or

    • b. A national system accepted by the Netherlands or by another Member State.

  • 2 The proof referred to in paragraph 1 shall also include the quantity of liquid biomass delivered and the batch to which the biomass relates.


Article 11. Sampling plan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Approval of the sampling plan referred to in Article 33 of the Regulation monitoring and reporting of emissions trading shall be withheld by the Steering Board of the Emissions Authority if this plan does not comply with the requirements of that Regulation. requirements.


Article 12. Laboratories

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A laboratory as referred to in Articles 34 and 42, second paragraph, of the monitoring and reporting of emissions trading on behalf of the person operating an establishment as referred to in Article 11, first paragraph, of the said The Regulation shall carry out those activities in accordance with that Regulation and the monitoring plan applicable to that establishment.

  • 2 It is prohibited for a laboratory to act contrary to the first paragraph.


Article 13. Parallel Measure Notification

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Person driving an establishment shall report the Board of the Emission Authority at least two weeks in advance of the date and time at which a parallel measurement as referred to in Article 59 (2) of the monitoring and reporting Regulation is based. emissions trading will be carried out and the laboratory carrying out the measurement. The notification shall be made using a standard form established by the management authority of the issuing authority and made available electronically.

  • 2 If a parallel measurement as referred to in Article 59 (2) of the monitoring and reporting emission reporting Regulation does not proceed, it shall be notified electronically to the Board of the Emission authority no later than the date on which it is based. Measurement would be carried out.


Article 14. Notification Not Parallel Measure

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the person who drives the device does not use the results of a parallel measurement as referred to in Article 59, second paragraph, of the monitoring and reporting of emissions trading, he shall report it within two weeks of the results of that measurement. that measurement has become known to the management of the Emission Authority, giving reasons. Such reporting shall be accompanied by the results of the measurements.


§ 2.1.4. Reporting changes to the monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 15. Changes to the monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Among significant changes as referred to in Article 15, third paragraph, of the Regulation monitoring and reporting of emissions trading shall also be understood as changes in the manner in which activity data and calculation factors are determined.

  • 2 The notification of changes to the monitoring plan which are not significant shall be reported before 31 December of the reporting period referred to in Article 3 (12) of the monitoring and reporting of emissions trading reporting, in which the change is to be made has occurred.


Article 16. Temporary changes to the monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Temporary changes to the monitoring plan referred to in Article 23 of the monitoring and reporting of emissions trading shall be notified to the Board of the Emission Authority:

  • a. Within five days of the onset of the temporary alteration or

  • b. in a monthly summary each time for the sixth day of the following month.


Article 17. Default Form

Compare Versions Save Relationships (...) (External Link) Permanent Link

Notifications shall be made of standard forms made available by the Board of the Emissions Authority and made electronically available.


§ 2.1.5. Emissions report

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 18. Emissions report

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The emission report shall be used by means of a standard form established by the management of the issuing authority and made available electronically.

  • 2 If the person who drives a device, the information is intended to be Article 33 , and the data in the context of an application for free allocation of greenhouse gas emission allowances in accordance with Article 42 has been provided per individual greenhouse gas installation, an emissions report shall be submitted per greenhouse gas installation.


§ 2.1.6. Verification and the principle of continuous improvement

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 19. Authentication Report

Compare Versions Save Relationships (...) (External Link) Permanent Link

The verification report provided for in Article 27 of the Regulation on the verification and accreditation of emissions of emissions shall use a standard form established by the management of the issuing authority and made available electronically.


Article 20. Do not make a visit to a greenhouse gas installation

Compare Versions Save Relationships (...) (External Link) Permanent Link

The approval referred to in Article 31 of the Regulation on verification and accreditation of emissions trading shall be withheld if the person who drives the establishment has failed to demonstrate to the satisfaction of the Board of the Emission authority that it is in the Article laid down conditions for failure to make a visit by the verifier is fulfilled.


Article 21. Periodic report improvement of monitoring method

Compare Versions Save Relationships (...) (External Link) Permanent Link

The approval of the report referred to in Article 69 of the monitoring and reporting of emissions trading shall be withheld if the report does not comply with the requirements of that Regulation.


Section 2.2. Aviation activities

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.2.1. General

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 22. Application Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link

This department has the application scope of Section 16.2.2 of the Act .


§ 2.2.2. Monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 23. Standard form for the monitoring plan for emissions and tonne-kilometre data

Compare Versions Save Relationships (...) (External Link) Permanent Link

The monitoring plans referred to in Article 51, first and second paragraph, of the Regulation monitoring and reporting emissions trading shall be drawn up using a system established and electronically available by the Board of the Emissions Authority. Default form.


Article 24. Submission of documents accompanying the monitoring plan

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The documents referred to in points (a) and (b) of the first paragraph of Article 12 of the monitoring and reporting of emissions trading shall be submitted together with the monitoring plan in accordance with Article 51 of that Regulation.

  • 2 The Board of the Emissions Authority may make further demands on the manner in which these documents are submitted.

  • 3 The Board of the Emissions Authority may set a different deadline for the submission of the documents.


Article 25. Simplified risk assessment

Compare Versions Save Relationships (...) (External Link) Permanent Link

For small emitters as referred to in Article 54, first paragraph, of the Regulation monitoring and reporting of emissions trading, the Steering Board of the Emission Authority shall establish a simplified risk assessment in accordance with Article 13, second paragraph, of that Regulation.


§ 2.2.3. Greenhouse gas emissions monitoring methodology

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 26. Use biofuel

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If an aircraft operator uses biofuel, it shall provide evidence to the Board of the Emissions Authority that the durability of the biofuel has been demonstrated by:

    • a. A sustainability system recognised by the European Commission; or

    • b. A national system accepted by the Netherlands or by another Member State.

  • 2 In the supporting document, the quantity of biofuel delivered and the batch to which the biofuel relates shall also be included.


§ 2.2.4. Approval of the monitoring plan for emissions and tonne-kilometre data

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 27. Deadline approval monitoring plan for emissions and tonne-kilometre data

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Board of the Emissions Authority shall decide on the approval of a monitoring plan as referred to in Article 12, first paragraph, of the Regulation monitoring and reporting, and Articles 16.39d , 16.39j, fourth member , and 16.39n, second paragraph, second sentence , in connection to Article 16.39j, fourth paragraph, of the Act within four months of the day on which the Steering Board received the draft monitoring plan.


§ 2.2.5. Emission report and delivery tonne-kilometre data

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 28. Emissions report

Compare Versions Save Relationships (...) (External Link) Permanent Link

The emission report shall be drawn up using a standard form, made available by the management authority of the issuing authority, and made available electronically.


Article 29. Deliver tonne-kilometre data

Compare Versions Save Relationships (...) (External Link) Permanent Link

Tonne-kilometre data shall be supplied using a standard form, made available by the Board of the Emissions Authority, and made available electronically.


§ 2.2.6. Verification and the principle of continuous improvement

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 30. Verification report and continuous improvement

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Articles 19 and 21 shall be applicable mutatis mutandis to aviation activities.

Chapter 3. Greenhouse Gas Allowance Allocation

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 3.1. Auctioneer

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 31

Compare Versions Save Relationships (...) (External Link) Permanent Link

As an auctioneer referred to in Article 22, first paragraph, of Regulation (EU) No Commission Regulation (EC) No 1031/2010 of 12 November 2010 on the timing, management and other aspects of auctioning of greenhouse gas emission allowances in accordance with Directive 2003 /87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (PbEU L 302), responsible for auctioning off greenhouse gas emission allowances for the Netherlands, is to be the subject of the management of the Dutch Emission Authority.


§ 3.2. Provision and quality assurance of data relating to the free allocation of greenhouse gas emission allowances for the period 2013-2020

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 32. Application Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This paragraph applies to establishments in which there are installations in which one or more activities are carried out, belonging to a category designated in Annex I to the EC greenhouse gas emission allowance trading scheme, and eligible for the free allocation of greenhouse gas emission allowances pursuant to Article 11 of the EC Greenhouse Gas Emission Allowance (greenhouse gas emission) Directive.

  • 2 The Articles 33 and 35 shall also apply to establishments as referred to in the first paragraph which are not eligible for the free allocation of greenhouse gas emission allowances.


Article 33. Data provision

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person driving an establishment shall provide the Board of the Emissions Authority with the Management of the Emissions Authority in accordance with Decision 2011 /278/EU in the Standard Form, as set out in the Standard Form. Article 35 , designated data relating to the calendar years 2005 to 2010 and, where applicable, 2011. The data provision shall take place for the day three months from the day on which the Management of the Emissions Authority (s) notified has done so from the fact that the standard form has been placed on the website of the Emissions Authority. The notification, referred to in the first sentence, shall be published in the Official Gazette and on the said website.

  • 2 Data to be provided as such may in any case be designated data relating to an activity as referred to in Annex I to the EC greenhouse gas emission allowance trading scheme on:

    • (a) the annual production of the installations concerned;

    • (b) the annual quantity of heat produced by the plants concerned;

    • (c) the annual consumption of fuels by the installations concerned;

    • d. the annual process emissions of the installations concerned;

    • e. the annual consumption of electricity by the installations concerned.

  • 3 The person who drives a device may request the Board of the Emissions Authority to provide the data per individual greenhouse gas installation within the establishment before 1 October 2011. The application shall be made using a standard form established and electronically made available by the Management Authority of the Emission Authority.

  • 4 The Board of the Emissions Authority shall inform the person who drives the establishment, before 1 November 2011, of the number of individual greenhouse gas installations within the establishment, for which such information may be provided.

  • 5 The person driving the device shall provide the management of the issuing authority for 1 January 2012 per separate greenhouse gas installation as referred to in the fourth paragraph, the data specified in the standard form referred to in the first paragraph. By way of derogation from the standard form, data shall be provided per greenhouse gas installation for the whole of the basic period from 2005 to 2010, and, as applicable, 2011.


Article 34. Methodological report submission

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In providing data on the basis of Article 33 A methodological report shall be submitted to be accountable on that data.

  • 2 The methodological report shall be drawn up in accordance with Decision 2011 /278/EU and the relevant European interpretative documents, as posted on the website of the Emission Authority. The report shall contain at least:

    • a. General identification of the establishment;

    • b. An overview of the activities carried out in the establishment, as referred to in Annex I to the EC greenhouse gas emission allowance trading scheme;

    • c. A description of the system boundaries of the establishment in a schematic display, including a description of the installation, the sub-installations and the combustion or process units;

    • d. a list of sub-installations and their associated data;

    • e. the manner in which the Article 33 of the said data are determined;

    • f. the manner in which ambiguities and gaps in the data have been identified and treated.

  • 3 The methodological report also contains all the other information required by the Board of the issuing authority to assess whether the person driving the establishment has adequately accounted for the provision of the information. Article 33 The data referred to above, and that it is necessary for the said management, to allocate the number of greenhouse gas emission allowances to greenhouse gas emission allowances free of charge in accordance with Article 10a of the EC Directive for the category of installations concerned, greenhouse gas emission allowances to be calculated.


Article 35. Default Form

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 33 the data shall be provided and the methodological report shall be drawn up and submitted to a manner specified by the Steering Committee of the Emissions Authority and made available to it and made electronically available by that management authority. Standard form.


Article 36. General requirements for the provision of in Article 33 said data

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person who drives a device shall determine the Article 33 data referred to in accordance with Decision 2011 /278/EU.

  • 2 If there are installations within the facility where: Section 16.2.1 of the Act is applicable and where a heat benchmark, fuel benchmark or process-emission benchmark is applied to the establishment pursuant to Decision 2011 /278/EU, the person who drives the establishment shall determine the annual consumption Of fuels specified in Article 33, second paragraph, point (c) , and the corresponding parameters for the procedure referred to in point (d) of the second paragraph of Article 33, and the parameters relating thereto, as far as possible in accordance with the requirements of this scheme applicable to the establishment.

  • 3 The person who drives a device takes care when determining the Article 33 the data referred to all sub-installations as well as all the relevant benchmark products, heat flows, fuel flows, material flows and sources related to the activities referred to in Annex I to the present Regulation, as specified in Annex I, EC-Directive trading in greenhouse gas emission allowances. This will prevent double counting.

  • 4 The person who drives a device ensures that the Article 33 The data referred to above shall be consistent across the calendar years 2005 to 2010 and, where applicable, 2011, and the person driving the device shall use the same monitoring methodologies and data files as far as possible.

  • 5 The person who drives, collects, collects, analyses, and documents the Article 33 Such data.

  • 6 The person who drives a device shall determine the Article 33 Referred to as the highest possible degree of accuracy in which sources of uncertainty are minimed as much as possible.


Article 37. Lack of data

Compare Versions Save Relationships (...) (External Link) Permanent Link

If, in relation to the calendar years 2005 to 2010 or, where applicable, 2011, no data as referred to in Article 33 be available, or if such information is not complete or unclear, such information shall be estimated by the person driving the establishment in accordance with Decision 2011 /278/EU in such a way that this estimate does not result in excessive costs of free allocation of greenhouse gas emission allowances. The way in which the estimation has been made is included in the methodological report.


Article 38. Verification report of the verifier

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 33 The data and the methodological report shall be accompanied by a verification report by a verifier responsible for this purpose, showing the results of an assessment carried out in accordance with Article 39 .


Article 39. Verification activities

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The verifier shall act in accordance with Decision 2011 /278/EU and the relevant European interpretative documents as placed on the website of the Emissions Authority, as follows:

    • carrying out the verification work necessary for the issue of an verification report;

    • b. the finding of incorrect declarations in the Article 33 the data referred to in the report or the methodological report, or the failure to comply with the requirements of the second paragraph of this report;

    • (c) indicate the information referred to in (b) to the person who drives the establishment;

    • (d) assessing the materiality of the findings referred to in point (b);

    • e. drawing up a verification report;

    • f. the making of a request as referred to in the third paragraph.

  • 2 The verifier assesses whether the Article 33 the data and the methodological report do not contain any incorrect declarations and do not conflict with the requirements set out in this paragraph.

  • 3 The verifier asks the person who drives the device to supply any missing data within a specified period of time, derogations in the Article 33 explain the data referred to in the report or the methodological report, or, where necessary, revise or propose the reported data, before issuing an verification report.

  • 4 If the Article 33 the data referred to or the methodological report contains material incorrect declarations in individual or aggregate form or fails to comply in material terms with the requirements referred to in paragraph 2, the verifier shall issue an verification report in which it is indicate that the data referred to in Article 33 and the methodological report have not been verified as satisfactory.

  • 5 The verifier can issue an authentication report on the in Article 33 the data and the methodological report, if he has been able, by reason of limitations imposed or by other circumstances, to obtain all the necessary evidence necessary to certify that the information referred to in Article 33 is necessary or the methodological report, in individual or aggregate form, materially contains incorrect declarations or fails to meet the requirements of the second paragraph in material terms.


Article 40. Information obligation with respect to verification

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person who drives the device shall set the Article 33 the data referred to, the methodological report and other information relevant to the verification shall be made available to the verifier.

  • 2 The person who drives the device shall, as far as possible, restore the Article 39, first paragraph, point (b) The incorrect declarations referred to in point (b) of Article 39 and the requirements referred to in Article 39 (2) shall be contrary to the rules laid down in Article 39 (2).


Article 41. Requirements for verifier

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The verifier shall be accredited by a national accreditation body for one or more of the activities referred to in Annex I to the Regulation on verification and accreditation of emissions of emissions, in accordance with the requirements of that Regulation.

  • 2 A verifier shall not be allowed to Article 33 verify the data and the methodological report of an establishment carrying out activities as referred to in Annex I to the Regulation on verification and accreditation of emissions for which it is not subject to accreditation by an accreditation body Accredited as referred to in the first paragraph.

  • 3 The verifier shall maintain an internal verification documentation that contains sufficient information to base the verification report on it.

  • 4 The verifier shall comply with the requirements of verifiers set out in Chapter 3 of, and Annex II to, the verification and accreditation of emissions trading, and in Decision 2011 /278/EU and the European interpretative documents accompanying them, as placed on the website of the issuing authority.


§ 3.3. Allocation to new entrants

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 42. Allocation to new entrants

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the application for free allocation of greenhouse gas emission allowances, Article 16.32, first paragraph, of the Act , a standard form set by the board of the issuing authority shall be used and made available electronically.

  • 2 The data supplied with the application shall be accompanied by an verification report from a verifier. The Articles 38 to 41 shall be in accordance with application.

  • 3 In the case of an application as referred to in paragraph 1, a methodological report shall be drawn up as referred to in paragraph 1. Article 34 - Article 34, second and third paragraphs, and 35 shall be applicable mutatis mutandis.

  • 4 The person making an application for free allocation may provide the necessary data per individual greenhouse gas installation within the facility.

  • 5 The fourth paragraph shall not apply to greenhouse gas installations for which data have previously been submitted for the purposes of this Article or of Article 33 .

  • 6 The Minister shall decide within four months of receipt of the application.


§ 3.4. Application Article 16.34a of the Act

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 43. Deliverable information in case of an intention to amend the allocation decision

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the Minister intends to give effect to Article 16.34a of the Act , the person who drives a device, which falls under the relevant industry or sub-branch, shall, at the request of the management of the issuing authority, submit the necessary information to the competent authorities within 13 weeks of receipt of this request. calculation of the numbers of greenhouse gas emission allowances, with a view to amending the decision on the free allocation of greenhouse gas emission allowances.

  • 2 The requested information shall be accompanied by a verification report from a verifier.


§ 3.4a. Application 16.35c, fifth paragraph, of the Act

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 43a. The way in which the average market price of a greenhouse gas allowance is determined

Compare Versions Save Relationships (...) (External Link) Permanent Link

The average market price of a greenhouse gas emission allowance referred to in 16.35c, fifth paragraph, of the Act , to be determined by multiplying the amount of greenhouse gas emission allowances to be recovered by the average of the auction price of the 10 auctions in which the demand for greenhouse gas emissions leads, in any event, to an auction price above the reserve price, immediately prior to the day drawing of the warrant, referred to in Article 16.35c, second paragraph, of the Act, in which the Netherlands offered greenhouse gas allowances.


§ 3.5. Greenhouse gas installation changes

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44. Greenhouse gas installation operation as a whole

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the operation of a greenhouse gas installation is terminated entirely as referred to in Article 22, first paragraph, of Decision 2011 /278/EU, the authorisation holder shall notify the Board of the Emission Authority in writing thereof at the same time as the management of the Effective date of termination. Termination of the operation of a greenhouse gas installation shall also mean the fact that Section 16.2.1 of the Act is no longer applicable.

  • 2 The notification shall be made within six weeks of the whole of the operation of the greenhouse gas installation being completed. Where the operation of the greenhouse gas installation has been completed in December of any year, the notification shall be made before 20 January of the following calendar year.

  • 3 The management of the Emission Authority may, at the request of the holder of the authorisation, extend the six-month period referred to in Article 22 (e) of Decision 2011 /278/EU, in accordance with the provisions of that Part.


Article 45. Partial termination of greenhouse gas installation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the operation of a greenhouse gas installation is partially terminated as referred to in Article 23, paragraph 1 of Decision 2011 /278/EU, the authorisation holder shall notify the Board of the Emission Authority in writing thereof at the same time as the management of the greenhouse gas installation. Effective date of partial termination.

  • 2 The notification shall be made before 20 January of the year following the calendar year in which the operation of the greenhouse gas installation has been partially terminated.


Article 46. Resume production greenhouse gas installation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the production of the greenhouse gas installation following partial termination as referred to in Article 23 (1) of Decision 2011 /278/EU is resumed in whole or in part, the holder of the authorisation shall notify the Board of Governors thereof in writing. Issuing authority, indicating the effective date of the production resumption.

  • 2 The notification shall be made before 1 April of the year following the calendar year in which production is resumed.


Article 47. Reduction capacity of greenhouse gas installation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the permit holder intends to implement greenhouse gas installation changes, which may lead to a significant reduction in the capacity of the greenhouse gas installation as referred to in Article 3 (j) of Decision 2011 /278/EU, reports this intention in writing to the Board of the Emissions Authority as soon as possible.

  • 2 If the capacity of the greenhouse gas installation is significantly reduced as referred to in Article 3 (j) of Decision 2011 /278/EU, the authorisation holder shall notify the Steering Board of the Emission Authority thereof in writing, indicating the Effective date of the reduction in production. The notification shall be made within six weeks of the date of adoption of the change in capacity.

  • 3 In the case of a notification referred to in paragraph 2, a report shall be drawn up as referred to in the second paragraph. Article 34 - Article 34, second and third paragraphs, and 35 shall be applicable mutatis mutandis.


Article 48. Reporting and rules on activities in reserve, back or parallel unit ( Article 2, second paragraph, point (4) (e) of the Emissions Trading Decision )

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A notification as referred to in Article 2, second paragraph, part (e) of the Emissions Trading Decision , shall be accompanied by:

    • a proof that the reserve, back or parallel unit may not be in operation at the same time by an identifiable and enforceable technical restriction with other units in such a way that the threshold is intended to be Annex I to the Emissions Trading Decision , at no time can be exceeded, and

    • (b) proof that the technical restriction referred to in subparagraph (a) is placed by a measuring gas if the technical restriction is directed towards the supply of gas.

  • (2) Where the technical restriction referred to in paragraph 1 (a) is not directed towards the supply of gas:

    • a. Contact the Board of the Emissions Authority prior to the notification;

    • b. gives the board of the issuing authority to whom or which authority is to place and control the technical restriction; and

    • c. by way of derogation from paragraph 1 (b), the notification shall be accompanied by a certificate showing that the technical restriction has been placed by the person or body referred to in subparagraph (b).

  • 3 In a case as referred to in Article 2, second paragraph, part (e) of the Emissions Trading Decision , following the notification referred to in paragraph 1, whether or not in conjunction with paragraph 2, shall be submitted to the Management of the Emission Authority every year:

    • a. A report which in any event contains the data of a continuous measurement of the operation of the technical restriction, referred to in paragraph 1 (a), where the data is stored at intervals of one hour. The data show when units that are connected to the technical restriction have been in use;

    • (b) proof that the technical restriction referred to in paragraph 1 (a) was verified during that year by a measuring gas controller referred to in paragraph 1 (b), or by the person or body referred to in the second paragraph, Part b and during that check a test of the operation of the technical restriction has been carried out.

  • 4 By way of derogation from the third paragraph, introductory sentence and subparagraph a, the management of the issuing authority may indicate the data to be included in the report, if:

    • 1. a technical restriction referred to in paragraph 1 (a) which does not focus on the supply of gas, and

    • 2 °. it is not possible to provide the information in the report referred to in paragraph 3 (a) of the third paragraph.


Article 49. Verification report form and verification of the verifier

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the notifications referred to in the Articles 44 to 47 , a standard form set by the board of the issuing authority shall be used and made available electronically.


Article 50. Reporting changes period from 1 July 2011 to 1 July 2012

Compare Versions Save Relationships (...) (External Link) Permanent Link

By way of derogation from the deadlines, mentioned in the Articles 44, second paragraph , 45, second member , 46, second paragraph and 47, second paragraph , the notifications shall be made no later than 15 August 2012, if the change has occurred during the period from 1 July 2011 to 30 June 2012.

Chapter 4. Register

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 51. Fee opening and maintenance of an account

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the maintenance of a personal debt or trading account as referred to in Article 18 of the EU Registry of Emissions of Emissions or of a Kyoto Account, the person at whose request the account has been opened shall pay a fee to the emissions authority.

  • 2 The fee per account shall be € 200 per calendar year.


Article 52. Allowance services to account holder

Compare Versions Save Relationships (...) (External Link) Permanent Link

At a charge of € 1,350 per calendar year, an account holder may use one or more of the following services offered by the Emission Authority:

  • a. by telephone contact with the helpdesk on working days between 09.00 and 17.00;

  • Prepare reports of transactions over an agreed period up to a maximum of eighteen reports per calendar year;

  • c. Control by the Emissions Authority at three fixed points per day of transaction orders to and from the account;

  • d. Active information provision through newsletters and announcements of maintenance and malfunctions;

  • e. consult with users in determining the time of maintenance of the register.


Article 53. Information to be provided to the national administrator

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The national administrator may request the account holder at least to provide the following information with respect to each natural person who is granted access to the account:

    • a. A proof, including an International Bank Account Number (IBAN) and a bank account number, that this person has an open bank account in a Member State of the European Economic Area or in a country that is a member of the Financial Action Task Force;

    • b. A color printout of the identity documents of this person;

    • c. a Statement on the Behavior of Natural Persons (VOG NP), if the person concerned has the nationality of the Netherlands, or a similar foreign document, if the person concerned has a foreign nationality.

  • 2 The first paragraph shall apply mutatis mutandis if a request to open an account is made by or on behalf of a natural person.

  • 3 If a request to open an account is made by or on behalf of a legal person, the national administrator may request at least to provide the following information:

    • (a) in respect of the legal person:

      • 1 °. a Declaration on the Behaviour for Legal Persons (VOG RP);

      • 2. a proof, including an International Bank Account Number (IBAN) and a bank account number, that this person has an open bank account in a Member State of the European Economic Area or in a country that is a member of the Financial Action Task Force;

    • b. in respect of each administrative member:

      • 1 °. a colour print of the identity documents of this person;

      • 2 °. a Declaration on the Behaviour of Natural Persons (VOG NP), if the person concerned has the nationality of the Netherlands, or a similar foreign document, if the person concerned has a foreign nationality.


Article 54. Holding Account Refusal

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The national administrator may, in the interest of the integrity of the registry, refuse a request to open a holding account if a risk analysis of the information provided in the application indicates that an increased risk exists at the time of the application of a holding account. Improper use or misuse of the register or account, including the committing of criminal offences and financial-economic offences.

  • 2 The methodology on the basis of which the risk analysis takes place shall provide the national administrator for approval to the Board of the Emission Authority.


Article 55. Suspension of person holding account or access to the account

Compare Versions Save Relationships (...) (External Link) Permanent Link

If an APB has a reasonable suspicion that fraud is committed, money laundering, terrorism is being financed or other serious criminal offences are committed, the APB may be the national authorities in the field of public health. requests for the suspension of:

  • (a) access to the account in accordance with Article 34 (3) of the Union Registry of Emissions Trading;

  • Access to the relevant greenhouse gas emission allowances in accordance with Article 97, first paragraph, of the Union Registry of Emissions Trading.


Article 56. Obligations for the holder of an operator holding account, the holder of an aircraft operator holding account, and the verifier

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The holder of an operator holding account as referred to in Article 16 of the Union Registry of Emissions Trading Emissions shall enter in the Register the emission data from the emission report relating to the establishment concerned in accordance with Article 35, second paragraph, of that Regulation.

  • 2 The holder of an aircraft operator holding account, as referred to in Article 17 of the Union Registry Trading Regulation, shall record in the registry the emission data from the emissions report, in respect of the aviation activities for which the aircraft operator is responsible for the operation of the aircraft operator holding account. he is responsible, in accordance with Article 35, second paragraph, of that Regulation.

  • 3 The verifier shall verify the emissions of emission allowances approved by him in accordance with Article 35 (4) of the Union Registry, as verified in accordance with Article 35 (5) of that Regulation.


Article 57. Allocation of greenhouse gas emission allowances allocated to the suspension

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Board of the Emissions Authority may decide to suspend the assignment of the number of allowances allocated, provided that:

    • a. a notification as referred to in Section 3.5 could lead to a significant reduction in the number of allocated greenhouse gas emission allowances; or

    • b. the list of sectors or subsectors referred to in 16.34a of the Act , leading to a reduction in the number of greenhouse gas emission allowances allocated.

  • 2 The national administrator shall not write the allocated allowances if the board of the issuing authority has taken a decision to suspend the assignment of the number of allowances allocated.

Chapter 4a. Agreement to participation in Kyoto projects

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 58

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In case of a request for consent to participate in a CDM project activity, the following data shall be submitted in each case:

    • a. in the event the project activity has already been registered by the CDM Board on the basis of decisions taken in accordance with the Kyoto Protocol: the name and the registration number of the project activity and the date of registration;

    • b. in the event the project activity has not yet been registered by the CDM Board: the name of the project activity as it is included in the agreement of the competent authority of the country where the project activity takes place.

  • 2 In any case, the following documents shall be submitted to the request for agreement referred to in paragraph 1:

    • a. in the case the project participant is a legal person: a colour copy of a valid credential of the representation competent;

    • b. in the case the project participant is a natural person: a colour copy of a valid credential;

    • c. a statement by the project participant that the participation in the project activity will comply with the requirements of the Kyoto Protocol and the decisions taken in accordance with that Protocol;

    • d. a copy of the design of the project activity referred to in the Decision 3/CMP.1, Annex, Section G, taken in accordance with the Kyoto Protocol, in Section G, under 35, in conjunction with Section B;

    • e. a copy of the validation report, at least in the case of the decision 3/CMP.1, Annex, Section G, taken in accordance with the Kyoto Protocol, under paragraph 40;

    • f. a copy of the consent of the competent authority of the country where the project activity takes place;

    • g. in the case of project activities for the generation of electricity by hydroelectric power with a generation power exceeding 20 MW:

      • 1 °. a compliance report with hydro-electric project activities which at the time of application does not exceed 18 months and which has been validated by an operational institution designated for such project activities; or

      • 2 °. a statement by a multilateral development bank that the project activity complies with the environment and social policy standards applied by the multilateral development bank and which at the time of the application is submitted is not older than eighteen months.

  • 3 Compliance report hydro-electric project activities are prepared using the model, included in Annex 2 This scheme.

  • 4 The documents referred to in paragraph 2 (c) to (g) may be English-speaking and the documents referred to in paragraph 2 may be delivered electronically.


Article 59

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In case of an application for participation in a JI project activity for which the procedure referred to in Decision 9/CMP.1, Annex, Section E taken pursuant to the Kyoto Protocol is applied, the following information shall in any case be provided and records:

    • a. the name of the project activity;

    • b. the documents referred to in Article 58, second paragraph, points (a) to (d) and (f) to (g) , except that:

      • 1 °. in part d instead of 'Decision 3/CMP.1, Annex, Section G, under 35, read in conjunction with Section B': decision 9/CMP.1, Annex, Section E, under 31, in conjunction with Section B;

      • 2 °. Part (g) of 'operational institution' shall read: accredited independent entity; and

    • c. a copy of the determination referred to in Decision 9/CMP.1, Annex, Section E, taken in accordance with the Kyoto Protocol, Section E, under 35.

  • 2 In the case of a request for approval to participate in a JI project activity for which the procedure referred to in paragraph 1 is not applied, the following particulars and documents shall be submitted in any case:

    • a. the name of the project activity;

    • b. the documents referred to in Article 58, second paragraph, points (a) to (c) and (f) to (g) , except that in part h is read instead of an 'operational institution': accredited independent entity;

    • c. a copy of the project activity report drawn up in accordance with the laws and regulations of the country where the project activity takes place; and

    • d. A copy of the project's design.


Article 60

Compare Versions Save Relationships (...) (External Link) Permanent Link

Consent to participation in a CDM project activity or to participation in a JI project activity shall in any case be refused if:

  • a. The project participant, in so far as a legal person is concerned, is not registered in the trade register provided for in the Commercial Registry Act 2007; or

  • b. The project participant is not a holder of a personal or trading account as referred to in Article 18 of the EU Registry Trading Regulation, which is registered in the Dutch part of the Union Registry or in the Dutch KP registry.


Article 61

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the consideration of a request for consent to participate in a project activity, the applicant shall be entitled to a fee of:

  • a. € 800 in so far as it is a project activity for the generation of electricity by hydroelectric power with a generation power exceeding 20 MW;

  • b. 600 to the extent that it is a project activity as intended in Article 59, second paragraph ;

  • c. € 400 as far as other project activities are concerned.


Article 62

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter 5. Final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 63. Entry of

Compare Versions Save Relationships (...) (External Link) Permanent Link

This arrangement shall enter into force from 1 January 2013.


Article 64. Repeal and transitional and transitional trade in NOx allowances

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 65. Citation Title

Compare Versions Save Relationships (...) (External Link) Permanent Link

This scheme is quoted as: Scheme trading of allowances.

This arrangement will be set out in the Official Journal.

The

State Secretary

of Infrastructure and the Environment,

W.J. Mansveld.


Annex 1. Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1. Flights referred to in Annex I, under 'Aviation', point (a) of the EC greenhouse gas emission allowance directive

    • a. These flights are interpreted according to the exclusive purpose of the flights.

    • (b) 'direct family' means only spouse, spouse, children and parents regarded as equivalent to the spouse.

    • (c) 'Government ministers' means members of the government of the country concerned. As such, non-qualified members of regional or local governments of that country.

    • d. 'official mission' means mission in which the person concerned is acting in an official capacity.

    • e. These flights do not include ferry service and positioning flights.

    • f. As such flights are in any case designated flights with the CRCO exemption code 'S', as far as this is confirmed by a corresponding status indicator in the flight plan.

  • 2. Flights as referred to in Annex I, under 'Aviation' (b) to the EC greenhouse gas emission allowance directive

    • a. 'Military flights' means flights which are directly related to the conduct of military activities.

    • b. These flights do not include military flights carried out by civilian registered aircraft nor civilian flights operated by military aircraft.

    • c. Customs and police flights are both customs and police flights performed by both civil registered aircraft and customs and police flights operated by military aircraft.

    • d. When flights are operated in any case, the CRCO exemption codes are 'M', 'X' and' P '.

  • 3. Flights referred to in Annex I, under 'Aviation' (c), to the EC greenhouse gas emission allowance directive

    • a. These flights include ferry service and positioning flights performed for the purpose of these flights as well as flights operated solely directly in the provision of the related equipment and personnel shall be transported. In this respect, no distinction shall be made between flights operated using public or private funds.

    • b. 'Search and rescue flights' means flights during which search and rescue services are provided. 'Search and rescue service' means the execution of emergency response tasks, communication, coordination and search and rescue, first medical aid or medical evacuation, with the assistance of: public and private resources, including cooperating aircraft, ships and other vessels, and installations.

    • c. 'firefighting flights' means flights performed exclusively for the provision of aerial firefighting services, namely the use of aircraft for the purpose of natural fires. combat.

    • d. 'humanitarian flights' means flights operated exclusively for humanitarian purposes intended to provide auxiliary personnel and ancillary goods such as food, clothing, shelter and medical and other goods during or after a period of operation; to transport emergency or disaster or to evacuate persons from a place where their life or health is threatened by that emergency or disaster to a place of refuge in that country or another country that is willing to absorb such persons.

    • e. 'emergency medical flights' means flights intended solely for the purpose of providing emergency medical assistance, if immediate and prompt transport is essential, by transporting medical personnel, medical personnel, supplies, including equipment, blood, organs and medicines, or sick or injured and other directly involved.

    • f. As such, flights are to be regarded as flights with the CRCO exemption codes 'H' and 'R' and flights identified in field 18 of the flight plan as STS/SAR, STS/FFR, STS/HUM, STS/MEDEVAC or STS/HOSP.

  • 4. Flights referred to in Annex I, under 'Aviation' (f) to the EC greenhouse gas emission allowance directive

    In any case, flights are deemed to be operated under the CRCO exemption code 'T' and flights identified in field 18 of the flight plan as RMK/' Training flight '.

  • 5. Flights referred to in Annex I, under 'Aviation' (g) to the EC greenhouse gas emission allowance directive

    • a. Under these flights, no ferry service and positioning flights are located.

    • b. For flights conducted solely for the purpose of scientific research, the scientific investigation shall be carried out in whole or in part during the flight. The transport of scientists or research equipment in itself is not sufficient.

    • c. As flights operated solely for the purpose of checking, testing or certification of aircraft or land or equipment, the CRCO exemption code (s) shall, in any case, be considered to be flights operated by field 18 of the flight plan are referred to as STS/FLTCK.

  • 6. Flights referred to in Annex I, under 'Aviation' (i) to the EC greenhouse gas emission allowance directive

    For public service obligations (PSOs) flights within the outermost regions, only ODV flights within a single outermost region or between two outermost regions are used.

  • 7. Flights referred to in Annex I, under 'Aviation' (j), to the EC greenhouse gas emission allowance directive

    • a. The commercial characteristic is related to the operator and not to the relevant flights. In relation to this, all flights operated by a commercial air transport company are taken into account to determine whether that operator is covered by Annex I to the EC greenhouse gas emission allowance trading scheme, even if they are flights not run for reimbursement.

    • Flights covered by Annex I, under 'Aviation', under a to i, to the EC greenhouse gas emission allowance trading scheme shall not be taken into account.

    • c. The local time of departure of the flight shall determine which period of four months is taken into account to determine whether an operator under or above the thresholds referred to in Annex I under 'Aviation', point (j), first indent, at the time of departure of the flight. EC-Directive trading in greenhouse gas emission allowances.

    • d. Only those flights which leave or arrive at an aerodrome situated in the territory of a Member State which are the subject of the Treaty establishing the European Community (Trb) shall be taken into account only. 1957, 16) shall apply, under 'aerodrome': a demarcated area on land or water, including buildings, installations and equipment, intended to be used in whole or in part prior to arrival, the departure and ground traffic of aircraft.


Annex 2. Article 58, third paragraph

Compare Versions Save Relationships (...) (External Link) Permanent Link

Model compliance report hydro-electric project activities


COMPLIANCE REPORT ASSESSING APPLICATION OF ARTICLE 11 b (6) OR EMISSIONS TRADING DIRECTIVE TO HYDROELECTRIC PROJECT ACTIVITIES EXCEEDING 20 MW

Section 1: Description of the project
1: Summary description of the CDM project activity Please complete

Name of the project

Number Number Project

Location

Name of the water course

Date of completion of the Compliance Report

1.1. Area Project

1. Description of the watershed:

-Political and administrative boundaries

-Communities located along

-Principal land use patterns

-Existing and planned river flow modifications

-Average annual runoff (m 3 )

2. Average annual river flow (m 3 /s)

3. Average annual river runoff before and after project's implementation (m 3 )

4. State control what impacts other hydrological projects have had on the river basin within 50 km (e.g., affected, affected, affected by other activities)

5. Ecological description of the surroundings (forest, cultivated land, wasteland, cultural heritage sites etc.) conservation value

1.2. Project related activities

1. Type of water infrastructure (i.e. storage reservoir, run-of-river, other)

2. Related infrastructure being built as part of the project (i.e. roads, transmission lines, bridges)

3. Installed generation capacity (MW)

4. Load factor

5. Average annual energy production (MWh)

6. What role does the project play in the national/regional electricity supply (base load, peak load, load balancing services for the grid, support for intermittent renewables, etc.)?

7. Estimated annual emission reduction potential (tCO2e)

8. At what stage is the project's construction at the time of this application?

9. What other direct purposes does the project serve (irrigation, flood control, water storage for storage protection, water-based transport, leisure facilities, aqua-culture, industrial and municipal water supply, etc)?

1.3. Project components Water flow: structures and changes

1. Production capacity-same area (W/m) 2 )

2. Retention structure/retarding structure (if present)

3. Type of water diversion

4. Length or diversion

5. Type of water inlet

6. Reservoir (if present)

7. Dam height (from the foundation)

8. Crest length

9. Reservoir area at average water level

10. Total reservoir capacity (m 3 )

11. Backwater length

12. Submerged area in total

13. Submerged residential area

14. Submerged farmland/grassland

15. Number of displaced persons

16. Production capacity/average area (W/m 2 )

Criteria

Description

Sources 1

Validator's Assessment

Section 2: Assessment of compliance with the WCD criteria. Please complete this form with full explanation for all items. If a criterion is not relevant to the project, please explain why.
1. Gaining Public Acceptance
1.1. Stakeholder consultation

1. Describe how the relevant stakeholders were identified.

2. Are any of these people minority groups, especially indigenous people and if so, what special efforts were tasks to identify and meet their needs?

3. How many people have to be led by due to the project?

4. Resettled people/annual energy production (number/GWh)

5. How many people were otherwise affected by the project (e.g. through loss of land, reduced productivity or fishing or hunting, etc.)?

6. Describe how the affected local people and other relevant stakeholders have been informed and involved in the decision-making process of building the power plant.

7. Describe how the affected local people and relevant stakeholders have been informed about the impacts of the project on their quality of life

8. How have the affected local and indigenous communities participated in the decision-making process?

9. How will the economic and social impacts of the project on the affected local communities, indigenous people and/or other relevant stakeholders be addressed?

10. How do compensation and benefit agreements address with the identified needs and rights of the stakeholders affected upstream and downstream due to the project?

11. Was a Stakeholders Forum hero with a broad local community participation (based on a customary and national law)? Describe the process and its outcome, and the response of project developer, local and national authorities?

1.2. Transparency

1. Was key project documentation (e.g., social and environmental impact assessments) made publicly available before a decision to start construction was made?

2. In what form was project documentation made available to stakeholders? Was it the original EIA etc. or was it in another form e.g., a summary of positive and negative effects of the hydrological construction

3. How many of the total number of stakeholders have had access to the key documentation and have been involved in the key documentation and have been involved?

4. Is there a negotiated agreement between the stakeholders and project owner (s)? If so, is it publicly available?

Validator's Conclusions concerning Priority 1:
2. Comprehensive Options Assessment
2.1. Needs

1. What priority is given to hydropower in national development or energy planning (e.g. relevant government decisions)?

2. What are the needs for hydropower at regional and local level?

3. What are the regional/national supply needs of the electric system (renewable base load, peak load or load balancing of the grid, support or intermittent renewables)?

4. Describe safeguards for equitable access to water resources. How do hydropower projects contribute to efficient water resources management?

5. Does this hydropower project provide financial incentives to develop a multi-purpose project?

2.2. Alternatives

1. Describe the examination of alternatives to the project that have been considered (include details of feasibility studies and do-nothing options analysis that have been conducted).

2. Have stakeholder leg involved in the identification of the options? Describe process and outcome of that involvement

3. What are the main reasons behind the project choice and site selection (social, environmental, economic, and technical)?

4. What are the consequences of non-action for the local and global environment?

5. On the project assessment level, describe project variants and types of technology considered in comparison with the selected option.

Validator's Conclusions concerning Priority 2:
3. Addressing Existing Dams/hydroelectric projects

1. For hydroelectric projects with dams, please describe the national requirements and routines for monitoring and reporting regarding:

-emergency warning,

-sediment management,

-safety system,

-maintenance system,

-environmental impact,

-social impact,

-implementation of compensation agreements.

2. For non-dam projects, describe details of the continuous monitoring of the project (environmental and quality assurance)

3. How do relevant outstanding social and environmental issues from existing dams/hydroelectric projects in the river basin leg addressed?

4. Have national regulations leg enforced for existing dams and what can be concluded with regard to compliance?

5. Will the implementation of safety measures and evacuation plans be audited?

6. Provisions for maintenance and decommissioning:

-What provisions have been made for maintenance and refurbishment (eg. a maintenance and refurbishment fund)?

-What arrangements are made for decommissioning at the end of the plant lifetime, if any (e.g. decommissioning set aside fund)?

-Describe provisions for emergency drawdown and decommissioning.

-Are they sufficiently flexible to accommodate changing future needs and values, including ecosystem needs and ecosystem restoration (Guideline 12)?

-Does the licence for project development define the responsibility and mechanisms for financing decommissioning costs?

-Describe economic, environmental, social and political factors that may point against future decommissioning, if this has been recognised as the best solution

Validator's Conclusions concerning Priority 3:
4. Sustaining Rivers and Livelihoods
4.1. Water use ratio 2

Water use ratio (ratio of natural flow, agricultural water, industrial water, domestic water ...) including

1. population of the river basin area (10 6 (b)

2. natural mean flow (km) 3 /year);

3. demand (km 3 /year);

4. water use ratio (%);

5. comparison of water demand with natural mean flow;

6. storage capacity (km) 3 );

7. Annual water consumption by type of users (hm 3 /year): agricultural and farming, domestic use, industrial use

4.2 Impact Assessment (Note: both positive and negative impacts should be included here)

What Impact Assessments have been carried out and on which regulations were they based on? -Describe the major impacts in each of the following categories and the mitigation measures for negative impacts:

4.2.1. Environmental Impacts

Describe environmental impacts of the project (including impact on water quality (temperature, oxygen, etc.), soil, air quality, GHG emissions, biodiversity, habitat, risk of erosion caused by inundation etc.)

4.2.2. Environmental Flow Assessment

1. Describe how the safe safe minimum flow has been determined.

2. Describe the measures tasks to minimise the impact of reduced flow in the affected river.

3. Describe the measures tasks to maintain ecosystems, productive fisheries and other aqua-cultures downstream and upstream.

4. Describe the activities the project developer will undertake before flooding the land (e.g. clearing of vegetation or other preparations).

5. Describe any other compensatory measures addressing environmental impacts of the project.

4.2.3. Social Impact Assessment

1. Describe social impacts of the project (including resettlement, impacts on other land or river use e.g. fishing, agriculture, hunting and use of other types of natural resources and including benefits to individuals and communities)

2. Describe any identified health impacts due to the project.

3. Describe impacts on religious and cultural heritage.

4. Describe the liability provisions safeguarding the implementation of the planned measures.

5. Is the project planned in a responsible way in order to sustain livelihoods and the environment?

4.3 Cumulative Impacts

Describe the cumulative impacts of all hydrological structures existing in the river basin using variables such as:

1. flow regime,

2. water quantity,

3.

4. water quality species composition of different rivers in the same river basin.

Validator's Conclusions concerning Priority 4:
5. The Entitlements and Sharing Benefits

Are Mitigation, Resettlement and Development Action Plans (where applicable-including commensurate compensation packages) in place? Provide details:

1. Demonstrate that the construction of the plant did not lead to worsening of the living conditions of the local residents and displaced led families

2. Were compensation and benefit agreements planned in consultation with affected groups?

3. What standards were the measures based on? (e. g. national standards or other)

4. Were the affected people satisfied with the compensation packages?

5. Benefits for the affected people (individuals and communities): In what way will the affected local and indigenous population's livelihoods be improved due to the project?

Validator's Conclusions concerning Priority 5:
6. Ensuring Compliance
6.1. Compliance measures:

1. What will be done to ensure that relevant laws, regulations, agreements (including resettlement and compensation agreements) and recommendations are followed?

2. Are the compensation agreements legally binding-through treaties, administrative acts or other safeguards?

3. Is the cost of the compensation package included in the financial plan?

4. Does the project developer already operate other hydroelectric power stations? If so, have there bone any conflicts between the project developer and stakeholders related to the development, operation and compensatory measures related to these projects? If so, describe the cause of the conflict and how it was resolved.

6.2. Monitoring and evaluation during crediting period:

1. Describe conditions in place for monitoring and evaluation of environmental and socio-economic impacts of the project.

2. What provisions have been made to ensure that all measures not yet implemented at the time of validation will be put in place as appropriate, and monitored (for example through an independent auditing panel or auditor, or through self-auditing etc.)?

Validator's Conclusions concerning Priority 6:
7. Sharing rivers for peace, development and security.

Does the project have trans-boundary impacts? -If so, give details of agreement (s) between affected countries, agree international recommendations for trans-boundary water projects and describe how this affects the project.

Validator's Conclusions concerning Priority 7:
Validator's assessment as to how the project respects the seven strategic priorities in the World Commission on Dams November 2000 Report 'Dams and Development-A New Framework for Decision-Making'

1 Such as process documentation, stakeholders and issues identification, consultation strategies, resources planning, compensation plans, timetables, information sharing, written agreements with stakeholders, records of interviews, results of surveys/polls, minutes of meetings of the Stakeholders Forum, project documentation, Environmental Impact Assessments, documents related to local spatial planning, government and local authorities permits and agreements, description of methodologies used, decommissioning plans (where appropriate), other related environmental impact and social impact studies, etc.

2 Water Use Ratio-an environmental indicator which refers to the withdrawal of water for irrigation, industry, household use. A ratio of 25% or higher is generally an indicator of water stress. Important water demanding activities affect seriously its quantity and in consequence the availability of water resources. Some of these driving forces are urbanization, industry and agricultural production. The increase in impervious surface has the effect of reducing water infiltration and aquifer recharge