2005/166/EC: Commission Decision of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (notified under document number C(2005) 247)

• Published date: 29 November 2008

1.3.2005 EN Official Journal of the European Union L 55/57

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COMMISSION DECISION

of 10 February 2005

laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol

(notified under document number C(2005) 247)

(2005/166/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (1), and in particular Articles 3(3), 4(2), 5(6) and 8(3) thereof,

Whereas:

(1) The information reported annually to the Commission is necessary to enable the assessment of actual progress towards meeting the Community’s and its Member States’ commitments relating to the limitation or reduction of all greenhouse gas emissions under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol and enable the preparation of annual reports by the Community in accordance with obligations under the UNFCCC and the Kyoto Protocol.

(2) The Commission should review the elements listed in Article 4(1) of this Decision if additional elements are requested pursuant to the UNFCCC review of the Community inventory and adopt the necessary amendments in accordance with the procedure referred to in Article 9(2) of Decision No 280/2004/EC to require Member States to report on these elements in their subsequent reports pursuant to Article 3(1) of Decision No 280/2004/EC.

(3) The information reported to the Commission every two years is necessary to enable the assessment of projected progress of the Community and its Member States towards fulfilling their commitments under the UNFCCC and the Kyoto Protocol.

(4) The Commission should review Annex II and Annex III and adopt, by 1 January 2007, any necessary amendments in accordance with the procedure referred to in Article 9(2) of Decision No 280/2004/EC.

(5) The Commission will prepare estimates for data missing in a Member State inventory, following consultation with the Member State concerned and in accordance with the principles set out in this Decision, to ensure completeness of that Member State’s and the Community’s inventory in accordance with the UNFCCC reporting guidelines for annual inventories and the revised 1996 IPCC guidelines for national greenhouse gas inventories.

(6) The Member States and the Commission should prepare their reports on the demonstration of progress achieved by 2005 in accordance with the UNFCCC reporting guidelines for national communications and the guidelines under Article 7 of the Kyoto Protocol.

(7) The Member States and the Commission should prepare their reports on the additional period set in the Marrakech Accords for fulfilling commitments upon the expiry of that period in accordance with the guidelines under Article 7 of the Kyoto Protocol.

(8) The procedures and timescales for cooperation and coordination between Member States and the Community in relation to obligations under Decision No 280/2004/EC set out in this Decision will ensure the timely and effective implementation of these obligations.

(9) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 9 of Decision No 280/2004/EC,

HAS ADOPTED THIS DECISION:

CHAPTER I

Subject matter

Article 1

Subject matter

This Decision establishes rules implementing Decision No 280/2004/EC as regards the following:

(a) the reporting of information referred to in Article 3(1) and (2) of Decision No 280/2004/EC, in accordance with Article 3(3) of that Decision;

(b) the establishment of a Community inventory system in accordance with Article 4(2) of Decision No 280/2004/EC;

(c) the requirements for reporting on the demonstration of progress as required by Article 3(2) of the Kyoto Protocol and for reporting in relation to the additional period set in the Marrakech Accords for fulfilling commitments in accordance with Article 5(6) of Decision No 280/2004/EC;

(d) the procedures and timescales for the cooperation and coordination of the obligations listed in Article 8(1) of Decision No 280/2004/EC, in accordance with Article 8(3) of that Decision.

CHAPTER II

Reporting by Member States

Section 1

Annual reports

Article 2

Determination and reporting guidance

1. Member States shall determine the information reported pursuant to Article 3(1) of Decision No 280/2004/EC in accordance with:

(a) the revised 1996 Intergovernmental Panel on Climate Change (IPCC) guidelines for national greenhouse gas inventories, hereinafter referred to as ‘the revised 1996 IPCC guidelines for national greenhouse gas inventories’;

(b) the IPCC good practice guidance and uncertainty management in national greenhouse gas inventories, hereinafter referred to as ‘the IPCC good practice guidance’;

(c) the IPCC good practice guidance for land use, land-use change and forestry (LULUCF), hereinafter referred to as ‘the IPCC good practice guidance for LULUCF’.

2. Member States shall report the information reported pursuant to Article 3(1) of Decision No 280/2004/EC to the Commission with a copy to the European Environment Agency in accordance with:

(a) the guidelines for the preparation of national communications by Parties included in Annex I to the Convention, part I: UNFCCC reporting guidelines on annual inventories, hereinafter referred to as ‘the UNFCCC reporting guidelines for annual inventories’;

(b) the guidelines for the preparation of the information required under Article 7 of the Kyoto Protocol, hereinafter referred to as ‘the guidelines under Article 7 of the Kyoto Protocol’.

3. The complete national inventory report referred to in Article 3(1) second subparagraph of Decision No 280/2004/EC, shall be drafted using the national inventory report structure set out in the UNFCCC reporting guidelines for annual inventories.

Article 3

Reporting under Article 3(1)(d) of Decision No 280/2004/EC

1. Member States shall, in accordance with Article 3(3) of the Kyoto Protocol and the relevant decisions adopted thereunder, for the purpose of Article 3(1)(d) of Decision No 280/2004/EC report their anthropogenic greenhouse gas emissions by sources and removals by sinks from land-use change and forestry activities under Article 3(3) of the Kyoto Protocol for the years between 1990 and the year before last.

Member States that elect forest management, cropland management, grazing land management or revegetation under Article 3(4) of the Kyoto Protocol shall in addition report anthropogenic greenhouse gas emissions by sources and removals by sinks for each elected activity for the years between 1990 and the year before last.

Member States shall clearly distinguish this information from estimates of anthropogenic emissions from the sources listed in Annex A to the Kyoto Protocol.

2. Member States shall provide the information in paragraph 1 in their reports submitted from 15 January 2010 onwards.

Article 4

Reporting under Article 3(1)(f) of Decision No 280/2004/EC

1. Member States shall for the purpose of Article 3(1)(f) of Decision No 280/2004/EC report:

(a) a description of the Member State’s institutional arrangements for inventory preparation and the process of inventory preparation;

(b) a description of methodologies and data sources used, including information on methods used, and types of activity data and emission factors used for the Community’s key sources as annually determined by the Commission by 31 October in accordance with Chapter 7 of the IPCC good practice guidance and Chapter 5 of the IPCC good practice guidance for LULUCF. Member States shall provide this information by referring to sections of the national inventory report or in the tabular format provided in Annex I to this Decision;

(c) information on the Member State’s quality assurance and quality control programme, including its quality objectives and inventory quality assurance and quality control plan;

(d) a general uncertainty assessment;

(e) a general assessment of completeness, addressing the geographical coverage of that Member State and any gaps in the inventory submission;

(f) the comparison of the sectoral approach with the reference approach;

(g) any responses to the UNFCCC review of previous national inventories received since the submission of the previous national inventory and information on any recalculations performed;

(h) the description and interpretation of past emission trends.

2. For the information to be provided pursuant to points (a) to (e) in paragraph 1, Member States may indicate that no changes occurred to those sections of the national inventory report.

Article 5

Reporting under Article 3(1)(g) of Decision No 280/2004/EC

The information from the national registry referred to in Article 3(1)(g) of Decision No 280/2004/EC shall include the information required pursuant to the guidelines under Article 7 of the Kyoto Protocol.

Article 6

Reporting under Article 3(1)(h) of Decision No 280/2004/EC

The information on legal entities referred to in Article 3(1)(h) of Decision No 280/2004/EC shall include a list of legal entities authorised by the Member State to hold assigned amount units (AAUs), removal units (RMUs), emission reduction units (ERUs) and certified emission reductions (CERs)...