L_2009024EN.01001801.xml
| 28.1.2009 | EN | Official Journal of the European Union | L 24/18 |
COMMISSION DECISION
of 17 December 2008
amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions of nitrous oxide
(notified under document number C(2008) 8040)
(Text with EEA relevance)
(2009/73/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Articles 14(1) and 24(3) thereof,
Whereas:
| (1) | The complete, consistent, transparent and accurate monitoring and reporting of nitrous oxide (N2O) emissions in accordance with the guidelines laid down in this Decision are fundamental for the operation of the greenhouse gas emission allowance trading scheme (EU ETS) established by Directive 2003/87/EC in relation to installations included in the EU ETS pursuant to Article 24 of that Directive in respect of their emissions of N2O. |
| (2) | The monitoring and reporting guidelines set out in the Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (2) do not cover emissions of N2O. |
| (3) | The Netherlands have applied to include N2O emissions from nitric acid plants in the EU ETS for the period 2008-2012. |
| (4) | Specific guidelines for the determination of N2O emissions by continuous emission measurement systems should therefore be added. |
| (5) | The global warming potential of 1 tonne of N2O for emissions during the period 2008-2012 should be considered to be equivalent to 310 tonnes of carbon dioxide, which is the value provided in the Intergovernmental Panel on Climate Change’s Second Assessment Report (1995 IPCC GWP value). This value should be used in order for there to be absolute consistency between reports by installations and by Member States reporting their national emissions inventories under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. |
| (7) | The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee, |
HAS ADOPTED THIS DECISION:
Article 1
Amendments to Decision 2007/589/EC
Decision 2007/589/EC is amended as follows:
| 1. | in Article 1, the first paragraph is replaced by the following: ‘The guidelines for the monitoring and reporting of greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, and of activities included pursuant to Article 24(1) of that Directive, are set out in the Annexes to this Decision.’; |
| 2. | in the Table of Annexes, the following entry is added:
| ‘Annex XIII: | Activity-specific guidelines for determination of nitrous oxide (N2O) emissions from nitric acid, adipic acid, caprolactam, glyoxal and glyoxylic acid production’; | |
| 3. | Annex I is amended as set out in Part A of the Annex to this Decision; |
| 4. | Annex XIII is added as set out in Part B of the Annex to this Decision. |
Article 2
Application
This Decision shall apply from 1 January 2008.
Article 3
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 17 December 2008.
For the Commission
Stavros DIMAS
Member of the Commission
(1) OJ L 275, 25.10.2003, p. 32.
(2) OJ L 229, 31.8.2007, p. 1.
ANNEX
| A. | Annex I is amended as follows:
| 1. | Section 2 is amended as follows:
| (a) | the introductory part is replaced by the following: ‘For the purposes of this Annex and Annexes II to XIII the definitions of Directive 2003/87/EC shall apply.’; |
| (b) | in paragraph 1, point (g) is replaced by the following:
| ‘(g) | “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors;’; | | |
| 2. | in Section 3, the second paragraph is replaced by the following: ‘Completeness. Monitoring and reporting for an installation shall cover all process and combustion emissions from all emission sources and source streams belonging to activities listed in Annex I to Directive 2003/87/EC and other relevant activities included pursuant to Article 24 of the Directive and of all greenhouse gases specified in relation to those activities while avoiding double-counting.’; |
| 3. | Section 4.3 is amended as follows:
| (a) | point (g) is replaced by the following:
| ‘(g) | evidence demonstrating compliance with the uncertainty thresholds for activity data and other parameters (where applicable) for the applied tiers for each source stream and/or emission source;’; | |
| (b) | point (m) is replaced by the following:
| ‘(m) | a description of the procedures for data acquisition, handling activities and control activities as well as a description of the activities (see Section 10.1-3, and Annex XIII, Section 8);’; | | |
| 4. | Section 6 is amended as follows:
| (a) | in Section 6.1, the first paragraph is replaced by the following: ‘As set out in Section 4.2, greenhouse gas emissions may be determined by a measurement-based methodology using continuous emission measurement systems (CEMS) from all or selected emission sources using standardised or accepted methods once the operator has received approval from the competent authority before the reporting period that using a CEMS achieves greater accuracy than the calculation of emissions using the most accurate tier approach. Specific approaches for measurement-based methodologies are laid down in Annexes XII and XIII. Installations applying CEMS as part of their monitoring system are to be notified by Member States to the Commission pursuant to Article 21 of Directive 2003/87/EC.’; |
| (b) | Section 6.2 is amended as follows:
| (i) | the first paragraph is replaced by the following: ‘The highest tier levels pursuant to Annexes XII and XIII shall be used by the operator of an installation for each emission source which is listed in the greenhouse gas emissions permit and for which relevant greenhouse gas emissions are determined by applying CEMS.’; |
| (ii) | the third paragraph is replaced by the following: ‘For the reporting periods 2008–12 as a minimum Tier 2 in Annex XII for CO2 emissions and the minimum tiers set out in Annex XIII for N2O emissions shall be applied unless technically not feasible.’; | |
| (c) | Section 6.3 is amended as follows:
| (i) | point (a) is replaced by the following: ‘(a) Sampling rates Hourly averages (a valid hour of data) shall be computed for all elements of the emission determination (as applicable) — as laid out in Annexes XII and XIII — by using all data points available for that specific hour. In case of equipment being out of control or out of operation for part of the hour, the hourly average shall be calculated pro rata to the remaining data points for that specific hour. In case a valid hour of data cannot be computed for an element of emission determination, as less than 50 % of the maximum number of hourly data points are available, the hour is lost. For each instance where a valid hour of data cannot be computed, values for substitution according to the provisions of this Section shall be calculated.’; |
| (ii) | the introductory part of the first paragraph of point (c) is replaced by the following: ‘Parallel to emission determination by a measurement-based methodology in accordance with Annexes XII and XIII, annual emissions of each considered GHG shall be determined by calculation based on one of the following options:’; |
| (iii) | the fourth paragraph of point (c) is replaced by the following: ‘Where comparison with results of the calculation approach clearly indicates that results of the measurement approach are not valid, the operator shall use substitution values as described under this Section (excluding for monitoring in accordance with Annex XIII).’; | | |
| 5. | in Section 7.2, the introductory part of the first paragraph is replaced by the following: ‘As set out in Section 4.2, an operator can justify the use of measurement-based methodology if it reliably results in a lower uncertainty than the relevant calculation-based methodology (compare Section 4.2) or he is required to use a measurement based method in accordance with Annex XIII. In order to provide this justification to the competent authority, the operator shall report the quantitative results of a more comprehensive uncertainty analysis considering the following sources of uncertainty taking into account EN 14181:’; |
| 6. | in Section 8, the 10th paragraph is replaced by the following: ‘Emissions shall be reported as rounded tonnes of CO2 or CO2(e) (for example 1 245 978 tonnes). Activity data, emission factors and oxidation or conversion factors shall be rounded to include only significant digits both for emission calculations and reporting purposes.’; |
| 7. | Section 13.5 is amended as follows:
| (a) | the heading is replaced by the following: |
| (b) | Section 13.5.1 is replaced by the following: ‘13.5.1. USE OF ACCREDITED LABORATORIES The laboratory (including other service providers) used to determine the emission factor, net calorific value, oxidation factor, carbon content, the biomass fraction, composition data or to carry out calibrations and |
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