2005/381/EC: Commission Decision of 4 May 2005 establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (notified under document number C(2005) 1359)  (Text with EEA relevance)
Date: 2005-05-04
Institutions: European Commission
Subjects: activity report, air quality, application of EU law, greenhouse gas, pollution control, tradeable emission permit

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COMMISSION DECISION

of 4 May 2005

establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the
European Parliament and of the Council establishing a scheme for greenhouse gas emission
allowance trading within the Community and amending Council Directive 96/61/EC

(notified under document number C(2005) 1359)

(Text with EEA relevance)

(2005/381/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 Article 21(1) thereof,

submitted to the Commission by 30 June each year and
should cover the preceding calendar year from 1 January
to 31 December.

(3)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab-
lished in accordance with Article 6 of Council Directive
91/692/EEC of 23 December 1991 standardising and
rationalising reports in the implementation of certain
Directives relating to the environment (5),

Whereas:

HAS ADOPTED THIS DECISION:

(1)

and

The questionnaire to be used by the Member States for
the purpose of drawing up the annual reports on the
implementation of Directive 2003/87/EC should aim at
establishing a detailed account of the application by the
Member States of the chief measures laid down in that
Directive as well as of the following measures, to the
extent that they are closely linked to the implementation
of Directive 2003/87/EC: Council Directive 96/61/EC of
24 September 1996 concerning integrated pollution
prevention
Commission Decision
2004/156/EC of 29 January 2004 establishing guidelines
for the monitoring and reporting of greenhouse gas
the
emissions pursuant
European Parliament
and
Commission Regulation
of
21 December 2004 for a standardised and secured
system of registries pursuant to Directive 2003/87/EC
the Council and
of
Decision No 280/2004/EC of the European Parliament
and of the Council (4). It should be appropriate to review
the questionnaire at regular intervals.

to Directive 2003/87/EC of
the Council (3),
2216/2004

the European Parliament and of

control (2),

(EC) No

and of

(2)

The first report is due by 30 June 2005. However, it is
desirable to have one annual report covering the first
whole year of operation of the scheme. The first report
should therefore cover the period from 1 January 2005
to 30 April 2005, and the second report, due by 30 June
2006, should cover the period from 1 January 2005 to
should be
31 December 2005. Subsequent

reports

Article 1

the purpose of drawing up the annual

Member States shall use the questionnaire set out in the Annex
to be
report
for
submitted to the Commission pursuant
to Article 21(1) of
Directive 2003/87/EC.

Article 2

The first report, which is due for submission by 30 June 2005,
shall cover the four-month period from 1 January 2005 to
30 April 2005.

Subsequent reports shall be submitted to the Commission by
30 June each year and shall cover the preceding calendar year
from 1 January to 31 December commencing with the calendar
year 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 4 May 2005.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive

2004/101/EC (OJ L 338, 13.11.2004, p. 18).

(2) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 59, 26.2.2004, p. 1.
(4) OJ L 386, 29.12.2004, p. 1.

(5) OJ L 377, 31.12.1991, p. 48.

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ANNEX

PART 1

QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 2003/87/EC

1.

Details of institution submitting the report

1. Name of contact person:

2. Official title of contact person:

3. Name and department of organisation:

4. Address:

5. International telephone number:

6. International telefax number:

7. E-mail:

2.

Competent authorities

Question 2.1 is to be answered in the first report and in subsequent reports if changes were made during the reporting period:

2.1.

Please list the competent authorities and their tasks.

3.

Coverage of activities and installations

Questions 3.1 to 3.3 are to be answered in the first report (1) of each trading period and in subsequent reports if changes
were made during the reporting period:

3.1.

How many installations carry out each of the activities listed in Annex I to Directive 2003/87/EC? For each
activity, please indicate the number of installations that have been unilaterally included, if any.

In answering this question, use Table 1 of Part 2 of this Annex. It should furthermore be noted that the same installation can
carry out activities falling under different subheadings. Indicate all relevant activities (even if this means that the installation is
counted more than once).

3.2.

3.3.

How many of the combustion installations have a rated thermal
50 MW? In total, how many CO2 equivalents were emitted by these installations in the reporting period?

input that exceeds 20 MW but is below

How many of the covered installations emit less than 10 000 tonnes CO2 equivalents, 10 000 to 25 000, 25 000
to 50 000, 50 000 to 500 000 or more than 500 000 tonnes CO2 equivalents annually? By percentage, how are
the total emissions covered by the Directive distributed over these classes?

3.4. What changes occurred during the reporting period in comparison with the national allocation plan table as

entered into the Community Independent Transaction Log (new entrants, closures)?

In answering this question, use Table 2 of Part 2 of this Annex.

3.5.

Did the competent authority receive any application(s) during the reporting period from operators who wish to
form a pool pursuant to Article 28 of Directive 2003/87/EC? If yes, which Annex I activity did the application
refer to?

Any information given in reply to this question will not be published.

3.6.

Is there any other relevant information concerning the coverage of installations and activities in your country? If
so, please specify.

(1) Where not possible to give complete information in the first report, please give an estimate and forward the complete information in

the second report.

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4.

The issue of permits for installations

Questions 4.1 to 4.4 are to be answered in the first report and in subsequent reports if changes were made during the
reporting period:

4.1. What measures have been taken to ensure that operators comply with the requirements of their greenhouse gas

emissions permits?

4.2.

How does national
law ensure that the conditions of and the procedure for the issue of a permit are fully
coordinated where more than one competent authority is involved? How does this coordination work in practice?

4.3. What measures have been taken to ensure that, where installations carry out activities that are included in Annex I
to Directive 96/61/EC, the conditions of, and procedure for, the issue of a greenhouse gas emissions permit are
coordinated with those for the permit provided for in that Directive? Have the requirements laid down in Articles
5, 6 and 7 of Directive 2003/87/EC been integrated into the procedures provided for in Directive 96/61/EC? If so,
how was this integration performed?

4.4. What are the legislative provisions, procedures and practice concerning updating of permit conditions by the

competent authority pursuant to Article 7 of Directive 2003/87/EC?

4.5.

How many permits were updated during the reporting period because of a change in the nature or functioning, or
extension, of installations made by operators as specified under Article 7 of Directive 2003/87/EC? Please provide
for each category (capacity increase, capacity decrease, change in process type, etc.) how many permits were
updated.

4.6.

Is there any other relevant information concerning the issue of permits for installations in your country? If so,
please specify.

5.

Application of the monitoring and reporting guidelines

For the first report, complete information may not be available for questions 5.1 to 5.7. Reply to those questions as fully as
possible in the first report.

5.1. Which approaches and methods were used to monitor emissions from installations (cf. Decision 2004/156/EC

establishing guidelines for the monitoring and reporting of greenhouse gas emissions)?

In answering this question, use Table 3 of Part 2 of this Annex. The information required in Table 3 need only be given for
installations with annual reported emissions of more than 500 000 tonnes CO2 per year.

5.2.

If the minimum tiers specified in Table 1 in Section 4.2.2.1.4 of Annex I to Decision 2004/156/EC were not
technically feasible, please indicate for each installation for which this situation occurred the coverage of
emissions, the activity, the tier category (activity data, net calorific value, emission factor, oxidation factor or
conversion factor) and the monitoring approach/tier agreed in the permit.

In answering this question, use columns A to I of Table 3 of Part 2 of this Annex. The information required in Table 3 need
only be given for installations with annual reported emissions of less than 500 000 tonnes CO2 per year.

5.3. Which installations temporarily applied different tier methods than those agreed with the competent authority?

In answering this question, use Table 4 of Part 2 of this Annex.

5.4.

In how many installations was continuous emissions measurement applied? Please indicate the number of
installations per activity listed in Annex I to Directive 2003/87/EC and within each activity per subcategory
based on reported annual emissions (less than 50 kt, 50 to 500 kt and over 500 kt).

In answering this question, use Table 5 of Part 2 of this Annex.

5.5.

How much CO2 was transferred from installations? Please indicate the number of tonnes of CO2 transferred
pursuant to section 4.2.2.1.2 of Annex I to Decision 2004/156/EC and the number of installations that trans-
ferred CO2 for each activity listed in Annex I to Directive 2003/87/EC.

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5.6.

How much biomass was combusted or employed in processes? Please indicate the quantity of biomass as defined
in paragraph 2(d) of Annex I to Decision 2004/156/EC combusted (TJ) or employed (t or m3) for each activity of
Annex I to Directive 2003/87/EC.

The organic fraction of any waste combusted or used as input material should be included here.

5.7. What was the total quantity of CO2 emissions from waste used as fuel or input material? Please submit a

percentage breakdown of any such emissions per waste type.

5.8.

Please submit sample monitoring and reporting documents from some temporarily excluded installations,
applicable.

if

Question 5.9 is to be answered in the first report and in subsequent reports if changes were made during the reporting period:

5.9. What measures have been taken to coordinate reporting requirements with any existing reporting requirements in

order to minimise the reporting burden on businesses?

5.10.

Is there any other relevant information concerning the application of the monitoring and reporting guidelines in
your country? If so, please specify.

6.

Arrangements for verification

Questions 6.1 to 6.4 are to be answered in the first report and in subsequent reports if changes were made during the
reporting period:

6.1.

Please describe the framework for verification of emissions from installations,
competent authorities and other verifiers in the verification process.

in particular the role of the

6.2.

Please submit documents setting out the accreditation criteria for verifiers.

If the documents are available on the Internet, it is sufficient to include a link to the website.

6.3.

Are verifiers who have been accredited in another Member State subject to an additional accreditation process
before being able to carry out verifications? If yes, please briefly describe the procedure and why it is considered
necessary.

6.4.

Please submit any verification guidance provided for accredited verifiers and documents setting out
mechanisms for supervision and quality assurance for verifiers if available.

the

If the documents are available on the Internet, it is sufficient to include a link to the website.

6.5.

Did any operator not provide an emission report verified as satisfactory by 31 March of the reporting period? If
so, please provide a list of the installations concerned and reasons for non-validation.

In answering this question, use Table 6 of Part 2 of this Annex.

6.6.

Did the competent authority carry out any independent checks on verified reports? If yes, please describe how
additional checks were undertaken and/or how many reports were checked.

6.7.

Did the competent authority instruct the registry administrator to correct the annual verified emissions for the
previous year for any installation(s) to ensure compliance with the detailed requirements established by the
Member State pursuant to Annex V to Directive 2003/87/EC?

Indicate any corrections in Table 6 of Part 2.

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6.8.

Is there any other relevant information concerning the arrangements for verification in your country? If so, please
specify.

7.

Operation of registries

Questions 7.1 and 7.2 are to be answered in the first report and in subsequent reports if changes were made during the
reporting period:

7.1.

Please provide any terms and conditions required to be signed by account holders and provide a description of the
identity check of persons undertaken before creating holding accounts (cf. Regulation (EC) No 2216/2004 for a
standardised and secured system of registries).

7.2. What fees are charged, if any? Please give details.

7.3. What steps were taken pursuant to Article 28(2) of Regulation (EC) No 2216/2004 to prevent reoccurrences of

discrepancies discovered by the Community Independent Transaction Log?

7.4.

7.5.

Please provide a summary of all security alerts relevant to the national registry which have occurred during the
reporting period, how they were addressed and the time taken for resolution.

Please state how many minutes for each month of the reporting period the national registry was unavailable to its
users (a) due to scheduled downtime, and (b) due to unforeseen problems.

7.6.

Please list and provide details on each upgrade to the national registry scheduled for the next reporting period.

7.7.

Is there any other relevant information concerning the operation of registries in your country? If so, please
specify.

8.

Arrangements for the allocation of allowances — new entrants — closures

Questions 8.1 to 8.2 are to be answered in the first report after each notification and allocation procedure under Articles 9
and 11 of Directive 2003/87/EC:

8.1.

8.2.

8.3.

8.4.

8.5.

Looking back at the completed allocation process, please describe the main lessons learnt by your authorities, and
how you think they will influence your approach to the next allocation process?

Do you have any suggestions for the improvement of future notification and allocation processes for the EU as a
whole?

How many allowances were allocated to the new entrants listed in Table 2, if any? Please give the installation
identification code for the new entrant and the transaction identification code associated with the allocation of
allowances.

In answering this question, use Table 2 of Part 2 of this Annex.

How many allowances were left in any new entrants reserve at the end of the reporting period, and what share do
they represent of the original reserve?

If auctioning was used as an allocation method, how many auctions were held during the reporting period, how
many allowances were auctioned during each auction, what share do they represent of the total quantity of
allowances for the trading period, what was the price per allowance at each auction and what use was made of
allowances not purchased at the auction(s)? Please also list the transaction identification codes associated with the
allocation of auctioned allowances.

8.6.

How were allowances treated that had been allocated but were not issued to installations that closed during the
reporting period?

Question 8.7 is to be answered in the first report following the end of the trading periods set out in Article 11(1) and (2) of
Directive 2003/87/EC:

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8.7. Were allowances remaining in the new entrants’ reserve at the end of the trading period cancelled or auctioned?

8.8.

Is there any other relevant information concerning the arrangements for allocation, new entrants and closures in
your country? If so, please specify.

9.

9.1.

Surrender of allowances by operators

In all cases where an account in the registry was closed because there was no reasonable prospect of further
allowances being surrendered by the installation’s operator, please describe why there was no reasonable further
prospect and state the amount of outstanding allowances.

9.2.

Is there any other relevant information concerning the surrender of allowances by operators in your country? If
so, please specify.

10.

Use of Emission Reduction Units (ERUs) and Certified Emission Reductions (CERs) in the Community
scheme

Questions 10.1 and 10.2 are to be answered annually starting with the report submitted in 2006 as regards CERs and
starting with the report submitted in 2009 as regards ERUs:

10.1. How many CERs and ERUs were used by operators pursuant to Article 11(a) of Directive 2003/87/EC? Please list,
for CERs and ERUs separately, the sum of units used and the total number of operators who used them.

10.2. Have ERUs and CERs been issued for which an equal number of allowances had to be cancelled pursuant to
Article 11b(3) or (4) of Directive 2003/87/EC because the JI or CDM project activities reduce or limit directly or
indirectly the emission level of installations falling under the scope of that Directive? If so, please provide the sum
of allowances cancelled and the total number of operators concerned separately for cancellation pursuant to
Article 11b(3) and pursuant to Article 11b(4).

Question 10.3 is to be answered in the first report and in subsequent reports if changes were made during the reporting
period:

10.3. What measures have been taken to ensure that relevant international criteria and guidelines,

including those
contained in the World Commission on Dams year 2000 Final Report, will be respected during the development
of hydroelectric power production projects with a generating capacity exceeding 20 MW?

10.4.

Is there any other relevant information concerning the use of ERUs and CERs in the Community scheme in your
country? If so, please specify.

11.

Issues related to compliance with the Directive

11.1. Where penalties were imposed pursuant to Article 16(1) for infringements of national provisions, please state the

relevant national provisions and the penalties imposed.

11.2.

Please provide the names of operators for which excess emission penalties were imposed pursuant to Article
16(3).

In answering this question,

it is sufficient to provide a reference to the publication of the names under Article 16(2).

11.3.

Is there any other relevant information related to compliance with the Directive in your country? If so, please
specify.

12.

The legal nature of allowances and fiscal treatment

Questions 12.1 to 12.3 are only to be answered in the first report and in subsequent reports if changes were made during the
reporting period:

12.1. What is the legal status given to an allowance for the purposes of accounting, financial legislation and taxation?

12.2.

If your Member State allocates allowances other than for free, please explain how such allocation is made (e.g. the
way in which auctioning is undertaken)?

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12.3.

If your Member State allocates allowances for payment, is VAT due on the transaction?

12.4.

Is there any other relevant information concerning the legal nature of allowances and their fiscal treatment in
your country? If so, please specify.

13.

Access to information pursuant to Article 17

13.1. Where are decisions relating to the allocation of allowances, information on project activities in which a Member
State participates or authorises private or public entities to participate, and reports of emissions required under the
greenhouse gas emissions permit and held by the competent authority made available to the public?

13.2.

Is there any other relevant information concerning the access to information pursuant to Article 17 in your
country? If so, please specify.

14.

General observations

14.1. Are there any particular implementation issues that give rise to concerns in your country? If so, please specify.

PART 2

Table 1

Number of installations per Annex I activity

Member State:

Reporting period:

Annex I activities

Number of installations (a)

Energy activities

Combustion installations with a rated thermal
(excepting hazardous or municipal waste installations)

input exceeding 20 MW

Mineral oil refineries

Coke ovens

Production and processing of ferrous metals

Metal ore (including sulphide ore) roasting or sintering installations

Installations for the production of pig iron or steel (primary or secondary fusion)
including continuous casting, with a capacity exceeding 2,5 tonnes per hour

Mineral industry

Installations for the production of cement clinker
in rotary kilns with a
production capacity exceeding 500 tonnes per day or lime in rotary kilns
with a production capacity exceeding 50 tonnes per day or in other furnaces
with a production capacity exceeding 50 tonnes per day

Installations for the manufacture of glass including glass fibre with a melting
capacity exceeding 20 tonnes per day

in particular
Installations for the manufacture of ceramic products by firing,
roofing tiles, bricks, refractory bricks,
tiles, stoneware or porcelain, with a
production capacity exceeding 75 tonnes per day, and/or with a kiln capacity
exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3

Other activities

Industrial plants for the production of

(a) pulp from timber or other fibrous materials

(b) paper and board with a production capacity exceeding 20 tonnes per day

E1

E2

E3

F1

F2

M1

M2

M3

O1

O2

(a) The same installation can carry out activities falling under different subheadings. All relevant activities should be indicated (even if this

means that the installation is counted more than once).

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19.5.2005

EN

Official Journal of the European Union

L 126/53

Number of installations applying continuous emission measurement

Table 5

Member State:

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< 50 000 t CO2e

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only be counted once under its main Annex I activity.

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EN

Official Journal of the European Union

19.5.2005

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