COMMISSION DECISION
of 18 August 2011
on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases
(notified under document C(2011) 5861)
(Text with EEA relevance)
(2011/540/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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) as amended by Directive 2004/101/EC (2), Directive 2008/101/EC (3) and Regulation (EC) No 219/2009 (4), and in particular Articles 14(1) and 24(3) thereof,
Whereas:
(1)
Directive 2003/87/EC establishes a scheme for greenhouse gas emission allowance trading within the Union (hereinafter ‘the ETS’).
(2)
Pursuant to Article 14(1) of Directive 2003/87/EC as amended by Directive 2004/101/EC, Directive 2008/101/EC and Regulation (EC) No 219/2009, the Commission adopted Decision 2007/589/EC (5) establishing guidelines for the monitoring and reporting of greenhouse gas emissions.
(3)
Pursuant to Article 24(3) of Directive 2003/87/EC as amended by Directive 2004/101/EC, Directive 2008/101/EC and Regulation (EC) No 219/2009, the Commission may, on its own initiative, adopt monitoring and reporting guidelines for emissions from activities, installations and greenhouse gases which are not listed in Annex I if the monitoring and reporting of those emissions can be carried out with sufficient accuracy.
(4)
Pursuant to Article 3 of Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (6), Articles 14 and 24 of Directive 2003/87/EC as amended by Directive 2004/101/EC, Directive 2008/101/EC and Regulation (EC) No 219/2009, continue to apply until 31 December 2012.
(5)
Directive 2009/29/EC includes new gases and activities in the ETS as of 2013. The Commission should adopt guidelines for the monitoring and reporting of greenhouse gas emissions resulting from new activities and new gases with a view to the inclusion of such activities in the ETS from 2013 and their possible unilateral inclusion in the ETS before 2013.
(6)
Decision 2007/589/EC should therefore be amended accordingly.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 23 of Directive 2003/87/EC,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2007/589/EC is amended as follows:
(1)
Article 1 is replaced by the following:
‘Article 1
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 Annexes I to XIV and XVI to XXIV to this Decision.
The guidelines for the monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application pursuant to Article 3e or 3f of Directive 2003/87/EC are set out in Annex XV. Those guidelines are based on the principles set out in Annex IV to that Directive.’;
(2)
the Table of Annexes and the following Annexes are amended as follows:
(a)
The Table of Annexes is amended according to Annex I to this Decision;
(b)
Annex I is amended according to Annex II to this Decision;
(c)
Annex II is amended according to Annex III to this Decision;
(d)
Annex IV is amended according to Annex IV to this Decision;
(e)
Annex V is amended according to Annex V to this Decision;
(f)
Annex VI is amended according to Annex VI to this Decision;
(g)
Annex VII is amended according to Annex VII to this Decision;
(h)
Annex VIII is amended according to Annex VIII to this Decision;
(i)
Annex IX is amended according to Annex IX to this Decision;
(j)
Annex X is amended according to Annex X to this Decision;
(k)
Annex XI is amended according to Annex XI to this Decision;
(l)
Annex XII is amended according to Annex XII to this Decision;
(m)
Annex XVI is amended according to Annex XIII to this Decision;
(3)
the following Annexes are added:
(a)
Annex XIX is added according to Annex XIV to this Decision;
(b)
Annex XX is added according to Annex XV to this Decision;
(c)
Annex XXI is added according to Annex XVI to this Decision;
(d)
Annex XXII is added according to Annex XVII to this Decision;
(e)
Annex XXIII is added according to Annex XVIII to this Decision;
(f)
Annex XXIV is added according to Annex XIX to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 August 2011.