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
Date: 2004-02-11
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, cooperation policy, greenhouse effect, prevention of pollution, reduction of gas emissions

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I

(Acts whose publication is obligatory)

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 imple-
menting the Kyoto Protocol

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(4)

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

Council Decision 93/389/EEC of 24 June 1993 for a
monitoring mechanism of Community CO2 and other
greenhouse gas emissions (3) established a mechanism
for monitoring anthropogenic greenhouse gas emissions
and evaluating progress towards meeting commitments
in respect of
In order to take into
account developments on the international level and on
the grounds of clarity, it is appropriate for that Decision
to be replaced.

these emissions.

The ultimate objective of the United Nations Framework
Convention on Climate Change (UNFCCC), which was
approved by Council Decision 94/69/EC (4), is to achieve
stabilisation of greenhouse gas concentrations in the
atmosphere at a level which prevents dangerous anthro-
pogenic interference with the climate system.

(1) OJ C 234, 30.9.2003, p. 51.
(2) Opinion of the European Parliament of 21 October 2003 (not yet
Journal) and Council Decision of 26

published in the Official
January 2004.

(3) OJ L 167, 9.7.1993, p. 31. Decision as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(4) OJ L 33, 7.2.1994, p. 11.

(5)

(6)

(7)

The UNFCCC commits the Community and its Member
States to develop, periodically update, publish and report
to the Conference of the Parties national inventories of
anthropogenic emissions by sources and removals by
sinks of all greenhouse gases not controlled by the
Montreal Protocol on substances that deplete the ozone
layer (hereinafter greenhouse gases), using comparable
methodologies agreed upon by the Conference of the
Parties.

There is a need for thorough monitoring and regular
assessment of Community greenhouse gas emissions.
The measures taken by the Community and its Member
States in the field of climate change policy also need to
be analysed in good time.

Accurate reporting under this Decision at an early stage
would allow early determination of emissions levels
pursuant to Council Decision 2002/358/EC of 25 April
2002 concerning the approval, on behalf of the Euro-
pean Community, of the Kyoto Protocol to the United
Nations Framework Convention on Climate Change and
the joint fulfilment of commitments thereunder (5), and
thereby enable early establishment of eligibility to parti-
cipate in the Kyoto Protocol's flexible mechanisms.

The UNFCCC commits all Parties to formulate,
imple-
ment, publish and regularly update national, and where
appropriate, regional programmes containing measures
to mitigate climate change by addressing anthropogenic
emissions by sources and removals by sinks of all green-
house gases.

The Kyoto Protocol to the UNFCCC was approved by
Decision 2002/358/EC. Article 3(2) of
the Kyoto
included in
Protocol requires Parties to the Protocol
Annex I to the UNFCCC to have made demonstrable
progress in achieving their commitments under
the
Protocol by 2005.

(5) OJ L 130, 15.5.2002, p. 1.

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(8)

In accordance with part II, section A, of the Annex to
Decision 19/CP.7 of the Conference of the Parties, each
Party to the Kyoto Protocol included in Annex I to the
UNFCCC is required to establish and maintain a national
registry in order to ensure the accurate accounting of
the issue, holding, transfer, cancellation and withdrawal
of emission reduction units, certified emission reduc-
tions, assigned amount units and removal units.

(9)

In accordance with Decision 19/CP.7, each emission
reduction unit, certified emission reduction, assigned
amount unit and removal unit should be held only in
one account at any given time.

(10)

The Community's registry may be used to hold emission
reduction units and certified emission reductions gener-
thereby
ated by projects funded by the Community,
providing a stimulus for Community action in third
countries to address climate change more widely, and
may be maintained in a consolidated system together
with Member States' registries.

(11)

The purchase and use of emission reduction units and
certified emission reductions by the Community should
be subject to further provisions to be adopted by the
European Parliament and by the Council on a proposal
from the Commission.

(12)

(13)

The Community and the Member States have the obliga-
tion, under Decision 2002/358/EC, to take the necessary
measures to comply with their emission levels deter-
mined pursuant to that Decision. Provisions laid down
on the use of emission reduction units and certified
emission reductions held in the Community's registry
should take into account Member States' responsibilities
to fulfil
their own commitments in accordance with
Decision 2002/358/EC.

The Community and its Member States have made use
of Article 4 of the Kyoto Protocol, which allows Parties
to the Protocol to meet their emission limitation and
reduction commitments jointly. Therefore,
it is appro-
priate to provide for effective cooperation and coordina-
this Decision,
tion in relation to obligations under
including the compilation of the Community greenhouse
gas inventory, the evaluation of progress, the prepara-
tion of reports, as well as review and compliance proce-
dures enabling the Community to comply with its
reporting obligations under the Kyoto Protocol, as laid
down in the political agreements and legal decisions

taken at the seventh Conference of the Parties to the
UNFCCC in Marrakech (hereinafter
the Marrakech
Accords).

(14)

(15)

The Community and the Member States are all Parties to
the UNFCCC and the Kyoto Protocol, and are each
responsible thereunder for reporting, establishing and
accounting for their assigned amounts and establishing
and maintaining their eligibility to participate in the
Kyoto Protocol's mechanisms.

In accordance with Decision 19/CP.7,
each Party
included in Annex I to the UNFCCC should issue a quan-
tity of assigned amount units equivalent to its assigned
amount
in its national registry, corresponding to its
emission levels determined pursuant to Decision 2002/
358/EC and the Kyoto Protocol.

(16)

Pursuant to Decision 2002/358/EC, the Community is
not to issue assigned amount units.

(17)

(18)

(19)

The European Environment Agency assists the Commis-
sion, as appropriate, with monitoring activities, espe-
cially in the ambit of the Community inventory system,
and in the analysis by the Commission of progress
towards the fulfilment of the commitments under the
UNFCCC and the Kyoto Protocol.

In the light of the role played by the European Environ-
ment Agency in compiling the annual Community
inventory, it would be appropriate for Member States to
design their own national systems in a manner that facil-
itates the work of the Agency.

in particular

Since the objectives of the proposed action, namely to
comply with the Community's commitments under the
Kyoto Protocol,
the monitoring and
reporting requirements laid down therein, cannot, by
their very nature, be sufficiently achieved by the Member
States and can therefore be better achieved at Com-
in
munity level, the Community may adopt measures,
accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Decision does not go beyond what is necessary in order
to achieve those objectives.

(20)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1),

(1) OJ L 184, 17.7.1999, p. 23.

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HAVE ADOPTED THIS DECISION:

3. Member States shall make national programmes and
updates thereof available to the public, and within three
months of their adoption shall inform the Commission.

Article 1

Subject matter

At subsequent meetings of the committee referred to in Article
9(1), the Commission shall inform the Member States of any
such national programmes and updates thereof
it has
received.

that

This Decision establishes a mechanism for:

(a) monitoring all anthropogenic emissions by sources and
removals by sinks of greenhouse gases not controlled by
the Montreal Protocol on substances that deplete the ozone
layer in the Member States;

(b) evaluating progress

in
respect of these emissions by sources and removals by
sinks;

towards meeting commitments

(c) implementing the UNFCCC and the Kyoto Protocol, as
regards national programmes, greenhouse gas inventories,
national systems and registries of the Community and its
Member States, and the relevant procedures under the
Kyoto Protocol; and

(d) ensuring the timeliness, completeness, accuracy, consis-
tency, comparability and transparency of reporting by the
Community and its Member States to the UNFCCC Secre-
tariat.

Article 2

National and Community programmes

1. Member States and the Commission shall devise and
implement national programmes and a Community programme
respectively, in order to contribute to:

(a) the fulfilment of the Community's and its Member States'
commitments relating to the limitation and/or reduction of
all greenhouse gas emissions under the UNFCCC and the
Kyoto Protocol; and

(b) transparent and accurate monitoring of

the actual and
projected progress made by Member States, including the
contribution made by Community measures,
in meeting
the Community's and its Member States' commitments
relating to the limitation and/or reduction of all greenhouse
gas emissions under the UNFCCC and the Kyoto Protocol.

These programmes shall include the information referred to in
Article 3(2) and shall be updated accordingly.

Article 3

Reporting by Member States

1. Member States shall, for the assessment of actual progress
and to enable the preparation of annual reports by the Com-
munity, in accordance with obligations under the UNFCCC and
the Kyoto Protocol, determine and report to the Commission
by 15 January each year (year X):

(a) their anthropogenic emissions of greenhouse gases listed in
Annex A to the Kyoto Protocol
(carbon dioxide (CO2),
methane (CH4), nitrous oxide (N2O), hydrofluorocarbons
(HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride
(SF6)) during the year before last (year X-2);

(b) provisional data on their emissions of carbon monoxide
(CO), sulphur dioxide (SO2), nitrogen oxides (NOx) and
volatile organic compounds (VOC) during the year before
last (year X-2), together with final data for the year three-
years previous (year X-3);

(c) their anthropogenic greenhouse gas emissions by sources
and removals of carbon dioxide by sinks resulting from
land-use,
land-use change and forestry during the year
before last (year X-2);

(d) information with regard to the accounting of emissions and
removals from land-use, land-use change and forestry, in
accordance with Article 3(3) and, where a Member State
the Kyoto
decides to make use of
Protocol, and the relevant decisions thereunder,
for the
years between 1990 and the year before last (year X-2);

it, Article 3(4) of

(e) any changes to the information referred to in points (a) to
(d) relating to the years between 1990 and the year three-
years previous (year X-3);

2.
To this effect, the use of joint implementation, the clean
development mechanism and international emissions trading
shall be supplemental to domestic action, in accordance with
the relevant provisions of the Kyoto Protocol and the Marra-
kech Accords.

(f) the elements of the national inventory report necessary for
the preparation of the Community greenhouse gas inven-
tory report, such as information on the Member State's
quality assurance/quality control plan, a general uncertainty
evaluation, a general assessment of completeness, and infor-
mation on recalculations performed;

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(g) information from the national registry, once established, on
the issue, acquisition, holding, transfer, cancellation, with-
drawal and carryover of assigned amount units, removal
units, emission reduction units and certified emission
reductions during the previous year (year X-1);

(h) information on legal entities authorised to participate in
mechanisms under Articles 6, 12 and 17 of the Kyoto
Protocol,
in compliance with relevant national or Com-
munity provisions;

(b) national projections of greenhouse gas

emissions by
sources and their removal by sinks as a minimum for the
years 2005, 2010, 2015 and 2020, organised by gas and
by sector, including:

(i) ‘with measures’ and ‘with additional measures’ projec-
tions such as mentioned in the guidelines of
the
UNFCCC and further specified in the implementing
provisions adopted pursuant to paragraph 3;

(ii) clear

identification of

the policies and measures

included in the projections;

(i) steps taken to improve estimates, for example where areas

of the inventory have been subject to adjustments;

(iii) results of sensitivity analysis performed for the projec-

tions; and

(j) information on indicators for the year before last (year X-

2); and

(k) any changes to the national inventory system.

Member States shall communicate to the Commission, by 15
March each year (year X), their complete national
inventory
report.

2. Member States shall,
for the assessment of projected
progress, report to the Commission, by 15 March 2005 and
every two years thereafter:

(iv) descriptions of methodologies, models, underlying
assumptions and key input and output parameters.

(c) information on measures being taken or planned for the
implementation of
relevant Community legislation and
policies, and information on legal and institutional steps to
prepare to implement commitments under
the Kyoto
Protocol and information on arrangements for, and national
implementation of, compliance and enforcement proce-
dures;

(d) information on institutional and financial arrangements and
decision making procedures to coordinate and support
activities related to participation in the mechanisms under
Articles 6, 12 and 17 of the Kyoto Protocol, including the
participation of legal entities.

(a) information on national policies and measures which limit
and/or reduce greenhouse gas emissions by sources or
enhance removals by sinks, presented on a sectoral basis
for each greenhouse gas, including:

3.
Implementing provisions for the reporting of the infor-
mation referred to in paragraphs 1 and 2 shall be adopted in
accordance with the procedure referred to in Article 9(2).

(i) the objective of policies and measure;

(ii) the type of policy instrument;

(iii) the status of implementation of the policy or measure;

(iv) indicators to monitor and evaluate progress with poli-
cies and measures over time, including, inter alia, those
indicators specified in the implementing provisions
adopted pursuant to paragraph 3;

(v) quantitative estimates of

the effect of policies and
measures on emissions by sources and removals by
sinks of greenhouse gases between the base year and
subsequent years,
including 2005, 2010 and 2015,
including their economic impacts to the extent feasible;
and

(vi) the extent to which domestic action actually consti-
tutes a significant element of the efforts undertaken at
national level as well as the extent to which the use of
implementation and the
clean development
joint
international
mechanism and
trading,
emissions
pursuant
the Kyoto
to Articles 6, 12 and 17 of
Protocol, is actually supplemental to domestic actions,
the
in accordance with the relevant provisions of
Kyoto Protocol and the Marrakech Accords;

These implementing provisions may be revised, as appropriate,
taking into account decisions taken under the UNFCCC and the
Kyoto Protocol.

Article 4

Community inventory system

1.
The Commission shall, in cooperation with the Member
States, annually compile a Community greenhouse gas inven-
tory and a Community greenhouse gas inventory report, circu-
late these in draft to the Member States by 28 February, and
publish and submit them to the UNFCCC Secretariat by 15
April each year. Estimates for data missing from a national
inventory shall be included in accordance with implementing
provisions adopted pursuant to paragraph 2(b), unless updated
data are received from Member States by 15 March of that year
at the latest.

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The Commission shall, in accordance with the procedure
2.
referred to in Article 9(2), and taking into account the national
systems of the Member States, adopt by 30 June 2006 at the
latest, a Community inventory system for ensuring the accu-
racy, comparability, consistency, completeness and timeliness
of national inventories with regard to the Community green-
house gas inventory.

This system shall provide for:

(a) a quality assurance/quality control programme including
the establishment of quality objectives and an inventory
quality assurance and quality control plan. The Commission
shall provide assistance to Member States for the imple-
mentation of quality assurance/quality control programmes;
and

(b) a procedure for the estimation of data missing from a
national inventory, including consultation with the Member
State concerned.

3.
The European Environment Agency shall provide assis-
tance to the Commission for the implementation of paragraphs
inter alia, by conducting studies and
1 and 2 as appropriate,
compiling
annual work
programme.

in accordance with its

data,

This report shall contain sections on actual and projected emis-
sions by sources and removals by sinks, policies and measures
and on the use of mechanisms pursuant to Articles 6, 12 and
17 of the Kyoto Protocol.

3.
The Commission shall prepare a report on the demonstra-
tion of progress achieved by 2005 by the Community, taking
into account updated information on emission projections
submitted by Member States not later than 15 June 2005, in
accordance with the implementing provisions adopted pursuant
to Article 3(3), and submit this to the UNFCCC Secretariat by 1
January 2006 at the latest.

Each Member State shall prepare a report on the demon-
4.
stration of progress achieved by 2005 by that Member State,
taking into account information submitted in accordance with
the implementing provisions adopted pursuant to Article 3(3),
and submit this to the UNFCCC Secretariat by 1 January 2006
at the latest.

5.
The Community and each Member State shall submit a
report to the UNFCCC Secretariat on the additional period set
in the Marrakech Accords for fulfilling commitments upon the
expiry of that period.

4. Member States shall, as early as possible and in any case
by 31 December 2005 at the latest, establish national inventory
systems under the Kyoto Protocol for the estimation of anthro-
pogenic
emissions of greenhouse gases by sources and
removals of carbon dioxide by sinks.

6.
In accordance with the procedure referred to in Article
9(2), the Commission may adopt provisions containing require-
ments 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.

Article 5

Evaluation of progress and reporting

7.
The European Environment Agency shall provide assis-
tance to the Commission for the implementation of paragraphs
1, 2 and 3 as appropriate, in accordance with its annual work
programme.

The Commission shall assess annually,

1.
in consultation
with Member States, the progress of the Community and its
Member States towards fulfilling their commitments under the
UNFCCC and the Kyoto Protocol as set out in Decision 2002/
358/EC, in order to evaluate whether progress is sufficient to
fulfil these commitments.

This assessment shall take into account progress in Community
policies and measures and information submitted by Member
States in accordance with Article 3 and Article 6(2) of this
Decision and with Article 21 of 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 (1).

Every two years, the assessment shall also include the projected
progress of the Community and its Member States towards
fulfilling their commitments under the UNFCCC and the Kyoto
Protocol.

2.
On the basis of the assessment referred to in paragraph 1,
the Commission shall submit annually a report to the European
Parliament and the Council.

(1) OJ L 275, 25.10.2003, p. 32.

Article 6

National registries

the issue, holding,

1.
The Community and its Member States shall establish and
maintain registries in order to ensure the accurate accounting
of
transfer, acquisition, cancellation and
withdrawal of assigned amount units, removal units, emission
reduction units and certified emission reductions and the carry-
over of assigned amount units, emission reduction units and
certified emission reductions. These registries shall incorporate
registries established pursuant to Article 19 of Directive 2003/
in accordance with provisions adopted in accordance
87EC,
with the procedure referred to in Article 9(2) of this Decision.

The Community and Member States may maintain their regis-
tries in a consolidated system, together with one or more other
Member States.

2.
The elements referred to in the first sentence of paragraph
1 shall be made available to the central administrator desig-
nated under Article 20 of Directive 2003/87/EC.

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Article 7

Assigned amount

1.
The Community and each Member State shall, by 31
December 2006 at the latest, each submit a report to the
UNFCCC Secretariat determining their assigned amount as
equal to their respective emission levels determined pursuant to
the first paragraph of Article 3 of Decision 2002/358/EC and
the Kyoto Protocol. Member States and the Community shall
endeavour to submit their reports simultaneously.

following the completion of the
2. Member States shall,
review of their national inventories under the Kyoto Protocol
for each year of the Kyoto Protocol's first commitment period,
including the resolution of any questions of implementation,
forthwith withdraw assigned amount units,
removal units,
emission reduction units and certified emission reductions
equivalent to their net emissions during that year.

inventories to the
2. Member States shall submit national
UNFCCC Secretariat by 15 April each year containing informa-
tion identical to that submitted in accordance with Article 3(1),
unless information removing any inconsistencies or gaps has
been provided to the Commission by 15 March of that year at
the latest.

3.
The Commission may, in accordance with the procedure
referred to in Article 9(2), lay down procedures and time scales
for such cooperation and coordination.

Article 9

Committee

The Commission shall be assisted by a ‘Climate Change

1.
Committee’.

In respect of the last year of the commitment period, retire-
ment shall take place prior to the end of the additional period
set in the Marrakech Accords for fulfilling commitments.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to
Article 8 thereof.

3. Member States shall issue assigned amount units in their
national registries corresponding to their emission levels deter-
mined pursuant
to Decision 2002/358/EC and the Kyoto
Protocol.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

The Climate Change Committee shall adopt its Rules of

3.
Procedure.

Article 8

Procedures under the Kyoto Protocol

1. Member States and the Community shall ensure full and
effective cooperation and coordination with each other in rela-
tion to obligations under this Decision concerning:

(a) the compilation of the Community greenhouse gas inven-
tory and the Community greenhouse gas inventory report,
pursuant to Article 4(1);

(b) the review and compliance procedures under the Kyoto
Protocol in accordance with the relevant decisions there-
under;

(c) any adjustments under the UNFCCC review process or
and inventory reports

other
submitted, or to be submitted, to the UNFCCC Secretariat;

to inventories

changes

(d) the preparation of

report and the
Member States' reports on the demonstration of progress
by 2005 pursuant to Article 5(3) and (4);

the Community's

Article 10

Further measures

in accordance with Article 5(3),

Following the submission of the report on the demonstration
the
of progress by 2005,
Commission shall forthwith review the extent to which the
Community and its Member States are making progress
towards their emission levels, determined in accordance with
Decision 2002/358/EC and the Kyoto Protocol, and the extent
to which they are meeting their commitments under the Kyoto
Protocol. In the light of this assessment, the Commission may
make proposals, as appropriate, to the European Parliament
and the Council to ensure that the Community and its Member
States comply with their emission levels and that all their
commitments under the Kyoto Protocol are met.

Article 11

Repeal

(e) the preparation and submission of the report referred to in

Article 7(1); and

Decision 93/389/EEC is hereby repealed.

(f) reporting in relation to the additional period set in the
Marrakech Accords for fulfilling commitments pursuant to
Article 5(5) and (6).

Any references made to the repealed Decision shall be
construed as references to this Decision and shall be read in
accordance with the correlation table in the Annex.

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Article 12

Addressees

This Decision is addressed to the Member States.

Done at Strasbourg, 11 February 2004.

For the European Parliament

The President

P. COX

For the Council

The President

M. McDOWELL

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ANNEX

Correlation table

Decision 93/389/EEC

This Decision

Article 1

Article 2(1)
Article 2(2)

Article 3(1)
Article 3(2)
Article 3(3)

Article 4

—

Article 5(1) and (2)
Article 5(3)
Article 5(4)

—

Article 6

Article 7

—

—

—

Article 8

—

—

Article 9

Article 1

Article 2(1)
Article 2(1) and Article 3(2)

Article 3(1) and Article 3(3)
Article 3(1) and Article 4(2)
Article 4(1)

Article 3(2), Article 3(3), Article 5(1)

Article 4(3)

Article 2(3)
Article 5(1)
Article 5(2)

Article 5(3)

Article 5(1)

—

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12