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Document 02023R2122-20231018
Commission Implementing Regulation (EU) 2023/2122 of 17 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
Consolidated text: Commission Implementing Regulation (EU) 2023/2122 of 17 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
Commission Implementing Regulation (EU) 2023/2122 of 17 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
ELI: http://data.europa.eu/eli/reg_impl/2023/2122/2023-10-18
02023R2122 — EN — 18.10.2023 — 000.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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COMMISSION IMPLEMENTING REGULATION (EU) 2023/2122 of ►C1 17 October 2023 ◄ amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 18.10.2023, p. 1) |
Corrected by:
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Corrigendum, OJ L , 19.10.2023, p. 1 ((EU) 2023/21222023/2122) |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2122
of ►C1 17 October 2023 ◄
amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council
(Text with EEA relevance)
Article 1
Implementing Regulation (EU) 2018/2066 is amended as follows:
Article 2 is replaced by the following:
‘Article 2
This Regulation shall apply to the monitoring and reporting of greenhouse gas emissions specified in relation to the activities listed in Annexes I and III to Directive 2003/87/EC, to activity data from stationary installations, to aviation activities and to released fuel amounts from activities referred to in Annex III to that Directive.
It shall apply to emissions, activity data and released fuel amounts occurring from 1 January 2021.’;
Article 3 is amended as follows:
point (3) is deleted;
point (7) is replaced by the following:
“calculation factors” means net calorific value, emission factor, preliminary emission factor, oxidation factor, conversion factor, carbon content, biomass fraction or unit conversion factor;’;
point (8) is replaced by the following:
“tier” means a set requirement used for determining activity data, calculation factors, annual emission and annual average hourly emission, released fuel amount and scope factor;’;
point (9) is replaced by the following:
“inherent risk” means the susceptibility of a parameter in the annual emissions report to misstatements that could be material, individually or when aggregated with other misstatements, before taking into consideration the effect of any related control activities;’;
point (10) is replaced by the following:
“control risk” means the susceptibility of a parameter in the annual emissions report to misstatements that could be material, individually or when aggregated with other misstatements, and not prevented or detected and corrected on a timely basis by the control system;’;
point (12) is replaced by the following:
“reporting period” means a calendar year during which emissions have to be monitored and reported;’;
point (13) is replaced by the following:
“emission factor” means the average emission rate of a greenhouse gas relative to the activity data of a source stream or a fuel stream assuming complete oxidation for combustion and complete conversion for all other chemical reactions;’;
point (20) is replaced by the following:
“conservative” means that a set of assumptions is defined in order to ensure that no under-estimation of annual emissions occurs;’;
the following point (21ca) is inserted:
“municipal waste” means municipal waste as defined in Article 3, point (2b), of Directive 2008/98/EC;’;
the following point (23a) is inserted:
“eligible aviation fuel” means fuel types eligible for the support under Article 3c(6) of Directive 2003/87/EC;’;
the following point (34a) is inserted:
“mixed aviation fuel” means a fuel which contains both eligible aviation fuel and fossil fuel;’;
the following point (38a) is inserted:
“eligible fraction” means the ratio of eligible aviation fuel blended in the fossil fuel;’;
point (48) is deleted;
point (59) is replaced by the following:
“proxy data” means annual values which are empirically substantiated or derived from accepted sources and which an operator or regulated entity as defined in Article 3 of Directive 2003/87/EC uses to substitute the activity data, the released fuel amounts or the calculation factors for the purpose of ensuring complete reporting when it is not possible to generate all the required activity data, released fuel amounts or calculation factors in the applicable monitoring methodology;’;
the following points are added:
“fuel stream” means a fuel as defined in Article 3, point (af), of Directive 2003/87/EC, released for consumption through specific physical means, such as pipelines, trucks, rail, ships or fuel stations, and giving rise to emissions of relevant greenhouse gases as a result of its consumption by categories of consumers in sectors covered by Annex III to Directive 2003/87/EC;
“national fuel stream” means the aggregation, per fuel type, of fuels streams of all regulated entities in the territory of a Member State;
“scope factor” means the factor between zero and one that is used to determine the share of a fuel stream that is used for combustion in sectors covered by Annex III to Directive 2003/87/EC;
“released fuel amount” means data on the amount of fuel as defined in Article 3, point (af), of Directive 2003/87/EC which is released for consumption and expressed as energy in terajoules, mass in tonnes or volume in normal cubic metres or the equivalent in litres, where appropriate, before application of a scope factor;
“unit conversion factor” means a factor converting the unit in which released fuel amounts are expressed, into amounts expressed as energy in terajoules, mass in tonnes or volume in normal cubic metres or the equivalent in litres, where appropriate, which comprises all relevant factors such as the density, the net calorific value or (for gases) the conversion from gross calorific value to net calorific value, as applicable;
“final consumer” for the purposes of this Regulation means any natural or legal person that is the end user of the fuel as defined in Article 3, point (af) of Directive 2003/87/EC, whose annual fuel consumption does not exceed 1 tonne of CO2;
“released for consumption” for the purposes of this Regulation means the moment where the excise duty on a fuel, as defined in Article 3, point (af), of Directive 2003/87/EC, becomes chargeable in accordance with Articles 6(2) and (3) of Council Directive (EU) 2020/262 ( *1 ) or, where applicable, in accordance with Article 21(5) of Council Directive 2003/96/EC ( *2 ), unless the Member State has used the flexibility provided under Article 3 (ae), point (iv), of Directive 2003/87/EC, in which case it means the moment designated by the Member State as creating obligations under Chapter IVa of that Directive.
in Article 15(4), point (b) is deleted;
Article 18 is amended as follows:
paragraph 1 is replaced by the following:
The competent authority shall consider costs unreasonable where the cost estimate exceeds the benefit. To that end, the benefit shall be calculated by multiplying an improvement factor by a reference price of EUR 80 per allowance and costs shall include an appropriate depreciation period based on the economic lifetime of the equipment.’
;
paragraph 4 is replaced by the following:
;
Article 39 is amended as follows:
the following paragraph 2a is inserted:
For the purpose of this paragraph, paragraphs 3 and 4 of this Article shall apply regarding the biogas fraction of natural gas used as input.’
;
paragraph 3 is replaced by the following:
The operator may determine that a certain quantity of natural gas from the gas grid is biogas by using the methodology set out in paragraph 4.’
;
In Article 43(4) the following subparagraph is added:
‘Where the method proposed by the operator involves continuous sampling from the flue gas stream and the installation consumes natural gas from the grid, the operator shall subtract the CO2 stemming from any biogas contained in the natural gas from the total measured CO2 emissions. The biomass fraction of the natural gas shall be determined in accordance with Articles 32 to 35.’;
Article 48 is amended as follows:
in paragraph 2, first subparagraph, the following sentence is added:
‘For the determination of the biomass fraction of the inherent CO2 in accordance with Article 39, the operator of the transferring installation shall ensure the chosen monitoring methodology does not systematically underestimate the transferring installation’s total emissions.’;
in paragraph 3, the first subparagraph is replaced by the following:
;
in Chapter IV, the title is replaced by the following: ‘MONITORING OF EMISSIONS FROM AVIATION’;
in Article 51, paragraph 2 is deleted;
in Article 52, paragraph 2 is deleted;
Article 53 is amended as follows:
in paragraph 1, the following subparagraph is added:
‘For the purpose of reporting pursuant to Article 7 of Commission Delegated Regulation (EU) 2019/1603 ( *3 ), the aircraft operator shall determine and report as a memo-item the CO2 emissions which result from multiplying the annual consumption of each fuel by the preliminary emission factor.
in paragraph 6, the following subparagraph is inserted after the first subparagraph:
‘The aircraft operators shall use the default emissions factors set out in Table 1 in Annex III as the preliminary emission factor.’;
Article 54 is amended as follows:
paragraph 1 is replaced by the following:
;
in paragraph 2, the following subparagraphs are added:
‘Additionally, the aircraft operator shall provide evidence to the satisfaction of the competent authority that the biofuel is attributed to the flight immediately following the fuel uplift of that flight.
Where several subsequent flights are carried out without fuel uplift between these flights, the aircraft operator shall split the amount of biofuel and assign it to these flights proportionally to the emissions from those flights calculated using the preliminary emission factor.’;
paragraph 3 is replaced by the following:
Where biofuel cannot be physically attributed at an aerodrome to a specific flight, the aircraft operator shall attribute the biofuels to its flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC proportionally to the emissions from those flights departing from that aerodrome calculated using the preliminary emission factor.
The aircraft operator may determine the biomass fraction using purchase records of biofuel of equivalent energy content, provided that the aircraft operator provides evidence to the satisfaction of the competent authority that the biofuel was delivered to the fuelling system of the departure aerodrome in the reporting period, or 3 months before the start, or 3 months after the end, of that reporting period.’
;
the following paragraph 3a is inserted:
For the purpose of paragraphs 2 and 3 of this Article, the aircraft operator shall provide evidence to the satisfaction of the competent authority that:
the total amount of biofuel claimed does not exceed the total fuel usage of that aircraft operator for flights for which allowances have to be surrendered according to Article 12(3) of Directive 2003/87/EC, originating from the aerodrome at which the biofuel is supplied;
the amount of biofuel for flights for which allowances have to be surrendered according to Article 12(3) of Directive 2003/87/EC does not exceed the total quantity of biofuel purchased from which the total quantity of biofuel sold to third parties is subtracted;
the biomass fraction of the biofuel attributed to flights aggregated per aerodrome pair does not exceed the maximum blending limit for that biofuel as certified according to a recognised international standard;
there is no double counting of the same biofuel quantity, in particular that the biofuel purchased is not claimed to be used in an earlier report or by anyone else, or in another system.
For the purpose of points (a) to (c) of the first subparagraph, any fuel remaining in tanks after a flight and before an uplift is assumed to be 100 % fossil fuel.
For the purpose of demonstrating compliance with the requirements referred to under point (d) of the first subparagraph of this paragraph, the aircraft operator may use the data recorded in the Union database set up in accordance with Article 28(2) of Directive (EU) 2018/2001.’
;
paragraph 4 is replaced by the following:
For the purpose of this paragraph, Article 38(5) shall apply to combustion of biofuel by aircraft operators.
The emission factor of each mixed fuel shall be calculated and reported as the preliminary emission factor multiplied by the fossil fraction of the fuel.’
;
the following Article 54a is inserted:
‘Article 54a
Specific provisions for eligible aviation fuels
Additionally, the aircraft operator shall provide evidence to the satisfaction of the competent authority that the eligible aviation fuel is attributed to the flight immediately following the uplift of that flight.
Where several subsequent flights are carried out without fuel uplift between these flights, the aircraft operator shall split the amount of eligible aviation fuel and assign it to these flights proportionally to the emissions from those flights calculated using the preliminary emission factor.
The aircraft operator may determine the eligible fraction using purchase records of the eligible aviation fuel of equivalent energy content, provided that the aircraft operator provides evidence to the satisfaction of the competent authority that the eligible aviation fuel was delivered to the fuelling system of the departure aerodrome in the reporting period or 3 months before the start, or 3 months after the end, of that reporting period.
For the purpose of paragraphs 4 and 5 of this Article, the aircraft operator shall provide evidence to the satisfaction of the competent authority that:
the total amount of eligible aviation fuel claimed does not exceed the total fuel usage of that aircraft operator for flights for which allowances have to be surrendered according to Article 12(3) of Directive 2003/87/EC, originating from the aerodrome at which the eligible aviation fuel is supplied;
the amount of eligible aviation fuel for flights for which allowances have to be surrendered according to Article 12(3) of Directive 2003/87/EC does not exceed the total quantity of eligible aviation fuel purchased from which the total quantity of eligible aviation fuel sold to third parties is subtracted;
the eligible fraction of the eligible aviation fuel attributed to flights aggregated per aerodrome pair does not exceed the maximum blending limit for that eligible aviation fuel as certified according to a recognised international standard, if such limitation applies;
there is no double counting of the same eligible aviation fuel quantity, in particular that the eligible aviation fuel purchased is not claimed to be used in an earlier report or by anyone else, or in another system.
For the purpose of points (a) to (c) of the first subparagraph, any fuel remaining in tanks after a flight and before an uplift is assumed to be 100 % fossil fuel.
For the purpose of demonstrating compliance with the requirements referred to under point (d) of the first subparagraph of this paragraph and where applicable, the aircraft operator may use the data recorded in the Union database set up in accordance with Article 28(2) of Directive (EU) 2018/2001.
in Article 55(2), the first subparagraph is replaced by the following:
;
Article 57 is deleted;
Article 58 is amended as follows:
in paragraph 1, the second subparagraph is deleted;
in paragraph 2, points (c) and (d) are replaced by the following:
each step in the data flow from primary data to annual emissions which shall reflect the sequence and interaction between the data flow activities, including relevant formulas and data aggregation steps applied;
the relevant processing steps related to each specific data flow activity, including the formulas and data used to determine the emissions;’;
Article 59 is amended as follows:
paragraph 1 is replaced by the following:
;
in paragraph 4, the first subparagraph is replaced by the following:
;
in Article 64(2), point (c) is replaced by the following:
Implementation of appropriate corrective action, including correcting any affected data in the emission report as appropriate.’;
Article 67 is amended as follows:
in paragraph 1, the second subparagraph is replaced by the following:
‘The documented and archived monitoring data shall allow for the verification of the annual emissions reports in accordance with Implementing Regulation (EU) 2018/2067. Data reported by the operator or aircraft operator contained in an electronic reporting and data management system set up by the competent authority may be considered to be retained by the operator or aircraft operator, if they can access those data.’;
in paragraph 2, the second subparagraph is replaced by the following:
‘The operator or aircraft operator shall, upon request, make those documents available to the competent authority and to the verifier verifying the emissions report in accordance with Implementing Regulation (EU) 2018/2067.’;
Article 68 is amended as follows:
paragraph 2 is deleted;
paragraph 3 is replaced by the following:
;
the following paragraph is added:
Where the Competent Authority has corrected the verified emissions after 30 April each year, Member States shall notify this correction to the Commission without undue delay.’
;
in Article 69(1), points (a) to (c) are amended as follows:
for a category A installation, by 30 June every 5 years;
for a category B installation, by 30 June every 3 years;
for a category C installation, by 30 June every 2 years.’;
Article 72 is amended as follows:
in paragraph 1, the second subparagraph is deleted;
paragraph 3 is deleted;
in Article 74(1), the first subparagraph is replaced by the following:
;
the following Chapters VIIa and VIIb are inserted:
‘CHAPTER VIIa
MONITORING OF EMISSIONS FROM REGULATED ENTITIES
SECTION 1
General provisions
Article 75a
General principles
Articles 4, 5, 6, 7, 8, 9 and 10 of this Regulation shall apply to the emissions, regulated entities and allowances covered by Chapter IVa of Directive 2003/87/EC. For that purpose:
any reference to operator and aircraft operator shall be read as if it were a reference to the regulated entity;
any reference to process emissions shall not be applicable;
any reference to source streams shall be read as if it were a reference to fuel streams;
any reference to emissions source shall not be applicable;
any reference to activities listed in Annex I to Directive 2003/87/EC shall be read as if it were a reference to activity referred to in Annex III to that Directive;
any reference to Article 24 of Directive 2003/87/EC shall be read as if it were a reference to Article 30j of that Directive;
any reference to activity data shall be read as if it were a reference to the released fuel amounts;
any reference to calculation factors shall be read as if it were a reference to calculation factors and scope factor.
Article 75b
Monitoring plans
Article 11, Article 12(2), Articles 13 and 14, Article 15(1) and (2), and Article 16 shall apply. For that purpose:
any reference to operator or aircraft operator shall be read as if it were a reference to the regulated entity;
any reference to aviation activity shall be read as if it were a reference to the activity of the regulated entity.
The monitoring plan shall consist of a detailed, complete and transparent documentation of the monitoring methodology of a specific regulated entity and shall contain at least the elements laid down in Annex I.
Together with the monitoring plan, the regulated entity shall submit the results of a risk assessment providing evidence that the proposed control activities and procedures for control activities are commensurate with the inherent risks and control risks identified.
In accordance with Article 15, significant modifications to the monitoring plan of a regulated entity include:
changes to the category of the regulated entity where such changes require a change in the monitoring methodology or lead to a change of the applicable materiality level pursuant to Article 23 of Implementing Regulation (EU) 2018/2067;
notwithstanding Article 75n, changes regarding whether the regulated entity is considered a “regulated entity with low emissions”;
a change in the tier applied;
the introduction of new fuel streams;
a change in the categorisation of fuel streams – between major or de-minimis fuel streams where such a change requires a change to the monitoring methodology;
a change to the default value for a calculation factor, where the value is to be laid down in the monitoring plan;
a change in the default value for the scope factor;
the introduction of new methods or changes to existing methods related to sampling, analysis or calibration, where this has a direct impact on the accuracy of emissions data.
Article 75c
Technical feasibility
Where a regulated entity claims that applying a specific monitoring methodology is technically not feasible, the competent authority shall assess the technical feasibility taking the regulated entity’s justification into account. That justification shall be based on the regulated entity having technical resources capable of meeting the needs of a proposed system or requirement that can be implemented in the required time for the purposes of this Regulation. Those technical resources shall include the availability of the requisite techniques and technology.
For the monitoring and reporting of historical emissions for the year 2024 in accordance with Article 30f(4) of Directive 2003/87/EC, Member States may exempt regulated entities from justifying that a specific monitoring methodology is not technically feasible.
Article 75d
Unreasonable costs
The competent authority shall consider costs unreasonable where the cost estimate exceeds the benefit. To that end, the benefit shall be calculated by multiplying an improvement factor by a reference price of EUR 60 per allowance. The costs shall include an appropriate depreciation period based on the economic lifetime of the equipment.
For the monitoring and reporting of historical emissions for the year 2024 in accordance with Article 30f(4) of Directive 2003/87/EC, Member States may exempt regulated entities from justifying that a specific monitoring methodology would incur unreasonable costs.
In the absence of such data on the average annual emissions caused by that fuel stream over the three most recent years, the regulated entity shall provide a conservative estimate of the annual average emissions, with the exclusion of CO2 stemming from biomass. For measuring instruments under national legal metrological control, the uncertainty currently achieved may be substituted by the maximum permissible error in service allowed by the relevant national legislation.
For the purpose of this paragraph, Article 38(5) shall apply, provided that the relevant information on the sustainability and the greenhouse gas emissions saving criteria of biofuels, bioliquids and biomass fuels used for combustion is available to the regulated entity.
When assessing the unreasonable nature of the costs with regard to the choice of tier levels for the regulated entity’s scope factor determination and with regard to measures increasing the data quality of reported emissions but without direct impact on the accuracy of data on released fuel amounts, the competent authority shall use an improvement factor of 1 % of the average annual emissions of the respective fuel streams in the three most recent reporting periods. The measures increasing the quality of reported emissions but without direct impact on the accuracy of data on released fuel amounts may include:
switching from default values to analyses to determine calculation factors;
an increase of the number of analyses per fuel stream;
where the specific measuring task does not fall under national legal metrological control, the substitution of measuring instruments with instruments complying with relevant requirements of legal metro- logical control of the Member State in similar applications, or to measuring instruments meeting national rules adopted pursuant to Directive 2014/31/EU of the European Parliament and of the Council ( *4 ) or Directive 2014/32/EU;
shortening calibration and maintenance intervals of measuring instruments;
improvements to data-flow activities and control activities that significantly reduce the inherent or control risk;
regulated entities switching to more accurate identification of the scope factor.
Article 75e
Categorisation of regulated entities and fuel streams
The regulated entity shall classify itself in one of the following categories:
a category A entity, where from 2027 to 2030 the average verified annual emissions in the 2 years preceding the reporting period, with the exclusion of CO2 stemming from biomass, are equal to or less than 50 000 tonnes of CO2(e);
a category B entity, where from 2027 to 2030 the average verified annual emissions in the 2 years preceding the reporting period, with the exclusion of CO2 stemming from biomass, are more than 50 000 tonnes of CO2(e).
From 2031 onwards, the category A and B entities referred to in points (a) and (b) of the first subparagraph shall be determined on the basis of the average verified annual emissions in the trading period immediately preceding the current trading period.
By way of derogation from Article 14(2), the competent authority may allow the regulated entity not to modify the monitoring plan where, on the basis of verified emissions, the threshold for the classification of the regulated entity referred to in the first subparagraph is exceeded, but the regulated entity demonstrates to the satisfaction of the competent authority that this threshold has not already been exceeded within the previous five reporting periods and will not be exceeded again in subsequent reporting periods.
The regulated entity shall classify each fuel stream in one of the following categories:
de minimis fuel streams, where the fuel streams selected by the regulated entity jointly account for less than 1 000 tonnes of fossil CO2 per year;
major fuel streams, where the fuel streams do not fall within the category referred to in point (a).
By way of derogation from Article 14(2), the competent authority may allow the regulated entity not to modify the monitoring plan where, on the basis of verified emissions, the threshold for the classification of a fuel stream as a de minimis fuel stream referred to in the first subparagraph is exceeded, but the regulated entity demonstrates to the satisfaction of the competent authority that this threshold has not already been exceeded within the past five reporting periods and will not be exceeded again in subsequent reporting periods.
Article 75f
Monitoring methodology
Each regulated entity shall determine the annual CO2 emissions from activities referred to in Annex III to Directive 2003/87/EC by multiplying for each fuel stream the released fuel amount by the corresponding unit conversion factor, the corresponding scope factor and the corresponding emission factor.
The emission factor shall be expressed as tonnes of CO2 per terajoule (t CO2/TJ) consistent with the use of the unit conversion factor.
The competent authority may allow the use of emission factors for fuels expressed as tCO2/t or tCO2/Nm3. In such cases, the regulated entity shall determine emissions by multiplying the released fuel amount, expressed as tonnes or normal cubic meters, by the corresponding scope factor and the corresponding emission factor.
Article 75g
Temporary changes to the monitoring methodology
The regulated entity shall take all necessary measures to allow the prompt resumption of the application of the monitoring plan as approved by the competent authority.
The regulated entity concerned shall notify the competent authority of the temporary change referred to in paragraph 1 to the monitoring methodology without undue delay to the competent authority, specifying:
the reasons for deviating from the monitoring plan as approved by the competent authority;
the details of the interim monitoring methodology that the regulated entity is using to determine the emissions until the conditions for the application of the monitoring plan as approved by the competent authority have been restored;
the measures the regulated entity is taking to restore the conditions for the application of the monitoring plan as approved by the competent authority;
the anticipated point in time when application of the monitoring plan as approved by the competent authority will be resumed.
SECTION 2
Calculation-based methodology
Article 75h
Applicable tiers for released fuel amounts and calculation factors
When defining the relevant tiers for major fuel streams, to determine the released fuel amounts and each calculation factor, each regulated entity shall apply the following:
at least the tiers listed in Annex V, in the case of a category A entity, or where a calculation factor is required for a fuel stream that is a commercial standard fuel;
in cases other than those referred to in point (a), the highest tier as defined in Annex IIa.
However, for released fuel amounts and calculation factors of major fuel streams the regulated entity may apply a tier up to two levels lower than required in accordance with the first subparagraph, with a minimum of tier 1, where it shows to the satisfaction of the competent authority that the tier required in accordance with the first subparagraph, or where applicable the next highest tier, is technically not feasible or incurs unreasonable costs.
For fuel streams referred to under the first subparagraph, the regulated entity may determine released fuel amounts based on invoices or purchase records, unless a defined tier is achievable without additional effort.
Article 75i
Applicable tiers for the scope factor
However, the regulated entity may apply a tier one level lower than required in accordance with the first subparagraph where it shows to the satisfaction of the competent authority that the tier required in accordance with the first subparagraph is technically not feasible, incurs unreasonable costs, or that methods listed in Article 75l(2), points (a) to (d), are not available.
If the second subparagraph is not applicable, the regulated entity may apply a tier two levels lower than required in accordance with the first subparagraph, with a minimum of tier 1, where it shows to the satisfaction of the competent authority that the tier required in accordance with the first subparagraph is technically not feasible, incurs unreasonable costs, or that, based on a simplified uncertainty assessment, the methods set out in lower tiers lead to a more accurate determination of whether the fuel is used for combustion in sectors covered by Annex III to Directive 2003/87/EC.
Where, for a fuel stream, the regulated entity uses more than one method listed in Article 75l(2), (3) and (4), it shall be required to show that the conditions of this paragraph are met only with respect to the share of the released fuel amount for which the lower tier method is requested.
Article 75j
Determination of released fuel amounts
The regulated entity shall determine the released fuel amounts of a fuel stream in one of the following ways:
where the regulated entities and the fuel streams covered correspond to entities with reporting obligations under and energy products subject to national legislation transposing Directives 2003/96/EC and (EU) 2020/262, on the basis of the measurement methods used for the purposes of those acts when those methods are based on national metrological control;
on the basis of aggregation of measurement of quantities at the point where the fuel streams are released for consumption;
on the basis of continual measurement at the point where the fuel streams are released for consumption.
However, the competent authorities may require the regulated entities to use, where applicable, only the method referred to in the first subparagraph, point (a).
When determining the released fuel amounts in accordance with paragraph 1, point (b) and (c) of this Article, Articles 28 and 29 shall apply, with the exception of Article 28(2), second subparagraph, second sentence and third subparagraph. For that purpose, any reference to operator or installation is to be read as if it were a reference to the regulated entity.
The regulated entity may simplify the uncertainty assessment by assuming that the maximum permissible errors specified for the measuring instrument in service is to be regarded as the uncertainty over the whole reporting period as required by the tier definitions in Annex IIa.
Article 75k
Determination of calculation factors
Article 30, Article 31(1), (2) and (3) and Articles 32, 33, 34, and 35 shall apply. For that purpose:
any reference to operator is to be read as if it were a reference to the regulated entity;
any reference to activity data is to be read as if it were a reference to the released fuel amounts;
any reference to fuels or materials is to be read as if it were a reference to fuels as defined in Article 3(af) of Directive 2003/87/EC;
any reference to Annex II is to be read as if it were a reference to Annex IIa.
The competent authority may require the regulated entity to determine the unit conversion factor and emission factor of fuels as defined in Article 3(af) of Directive 2003/87/EC using the same tiers as required for commercial standard fuels provided that, at the national or regional level, any of the following parameters exhibit a 95 % confidence interval of:
below 2 % for net calorific value;
below 2 % for emission factor, where the released fuel amounts are expressed as energy content.
Before application of this derogation, the competent authority shall submit for the approval of the Commission a summary of the method and data sources used to determine whether one of these conditions is met in the last 3 years and to ensure that the values used are consistent with the average values used by operators at the corresponding national or regional level. The competent authority may collect or request such evidence. At least every 3 years it shall review the values used and notify the Commission if there are any significant changes, taking into account the average of the values used by the operators at the corresponding national or regional level.
The Commission may regularly review the relevance of this provision and the conditions set in this paragraph in light of developments on the fuels market and European standardisation processes.
Article 75l
Determination of the scope factor
Where the released fuel amounts of a fuel stream are used only for combustion in sectors covered by Chapters II and III of Directive 2003/87/EC, with the exception of installations excluded under Article 27a of that Directive, the scope factor shall be set at zero, provided that the regulated entity demonstrates that double counting referred to in Article 30f(5) of Directive 2003/87/EC was avoided.
The regulated entity shall determine a scope factor for each fuel stream either by applying the methods referred to in paragraph 2, or a default value in accordance with paragraph 3, depending on the applicable tier.
The regulated entity shall determine the scope factor on the basis of one or more of the following methods, in accordance with the requirements of the applicable tier as set out in Annex IIa to this Regulation:
methods based on the physical distinction of fuel flows, including methods based on the distinction of geographical region or based on the use of separate measuring instruments;
methods based on the chemical properties of fuels, which allow regulated entities to demonstrate that the relevant fuel can only be used for combustion in specific sectors, due to legal, technical or economic reasons;
use of fiscal marker in accordance with Council Directive 95/60/EC ( *5 );
use of the verified annual emissions report referred to in Article 68(1);
chain of traceable contractual arrangements and invoices (“chain of custody”), representing the whole supply chain from the regulated entity to the consumers, including final consumers;
use of national markers or colours (dyes) for fuels, based on national legislation;
indirect methods allowing an accurate differentiation of the end uses of the fuels at the time when they are released for consumption, such as sector-specific consumption profiles, typical ranges of capacity of consumers’ fuel consumption levels, and pressure levels such as those of gaseous fuels, provided that the use of that method is approved by the competent authority. The Commission may provide guidelines on applicable indirect methods.
By way of derogation from paragraph 3, the regulated entity may apply a default value lower than 1, provided that:
for the purposes of reporting emissions in the reporting years 2024 to 2026 the regulated entity demonstrates to the satisfaction of the competent authority that using default values lower than 1 leads to a more accurate determination of emissions, or
for the purposes of reporting emissions in the reporting years as from 1 January 2027 the regulated entity demonstrates to the satisfaction of the competent authority that using default values lower than 1 leads to a more accurate determination of emissions and that at least one of the following conditions is met:
the fuel stream is a de-minimis fuel stream;
the default value for the fuel stream is not lower than 0,95 for fuel uses in sectors covered by Annex III to Directive 2003/87/EC or not higher than 0,05 for fuel uses in sectors not covered by that Annex.
When approving the default value in accordance with the first subparagraph, the Commission shall consider the appropriate level of harmonisation of methodologies between Member States, the balance between accuracy, administrative efficiency and cost pass-on implications for consumers, as well as possible risk of evasion of obligations under Chapter IVa of Directive 2003/87/EC.
Any default value for the national fuel stream used under this paragraph shall not be lower than 0,95 for fuel uses in sectors covered by Annex III to Directive 2003/87/EC or not higher than 0,05 for fuel uses in sectors not covered by that Annex.
Article 75m
Release of biomass fuel streams
Article 38 and Article 39, with the exception of paragraphs 2 and 2a, shall apply. For that purpose:
any reference to operator is to be read as if it were a reference to the regulated entity;
any reference to activity data is to be read as if it were a reference to the released fuel amounts;
any reference to source streams is to be read as if it were a reference to fuel streams;
any reference to Annex II is to be read as if it were a reference to Annex IIa;
any reference to paragraph 39(2) is to be read as a reference to paragraph 3 of this Article.
Where, subject to the tier level required, the regulated entity has to carry out analyses to determine the biomass fraction, but the application of the first subparagraph is technically not feasible or would incur unreasonable costs, the regulated entity shall submit an alternative estimation method to determine the biomass fraction to the competent authority for approval.
SECTION 3
Other provisions
Article 75n
Regulated entities with low emissions
The competent authority may consider a regulated entity to be a regulated entity with low emissions where at least one of the following conditions is met:
from 2027 to 2030 the average verified annual emissions in the 2 years preceding the reporting period, with the exclusion of CO2 stemming from biomass, were less than 1 000 tonnes of CO2 per year;
from 2031 the average annual emissions of that regulated entity reported in the verified emissions reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass, were less than 1 000 tonnes of CO2 per year;
where the average annual emissions referred to in point (a) are not available or no longer representative for the purpose of point (a), but the annual emissions of that regulated entity for the next 5 years, with the exclusion of CO2 stemming from biomass, will be, based on a conservative estimation method, less than 1 000 tonnes of CO2(e) per year.
For the purpose of this paragraph, Article 38(5) shall apply.
The regulated entity shall, without undue delay, submit a significant modification of the monitoring plan within the meaning of Article 15(3), point (b), to the competent authority for approval.
However, the competent authority shall allow that the regulated entity continues simplified monitoring provided that that regulated entity demonstrates to the satisfaction of the competent authority that the threshold referred to in paragraph 2 has not already been exceeded within the past five reporting periods and will not be exceeded again from the following reporting period onwards.
Article 75o
Data management and control
The provisions of Chapter V shall apply. In this regard, any reference to the/an operator shall be read as if it were a reference to the regulated entity.
Article 75p
Annual emission reports
In 2025, the regulated entity shall submit to the competent authority by 30 April an emissions report that covers the annual emissions in 2024. The competent authorities shall ensure that the information provided in that report is in accordance with the requirements of this Regulation.
However, competent authorities may require regulated entities to submit the annual emission reports referred to in this paragraph before 30 April, provided the report is submitted at the earliest 1 month after the deadline set out in Article 68(1).
Article 75q
Reporting on improvements to the monitoring methodology
Regulated entities shall submit to the competent authority for approval a report containing the information referred to in paragraph 2 or 3, where appropriate, by the following deadlines:
for a category A entity, by 31 July every 5 years;
for a category B entity, by 31 July every 3 years;
for any regulated entity that is using the default scope factor as referred to in Article 75l(3) and (4), by 31 July 2026.
However, the competent authority may set an alternative date for submission of the report, but no later date than 30 September of the same year and may approve, together with the monitoring plan or the improvement report, an extension of the deadline applicable pursuant to the second subparagraph, if the regulated entity provides evidence to the satisfaction of the competent authority upon submission of a monitoring plan in accordance with Article 75b or upon notification of updates in accordance with that Article, or upon submission of an improvement report in accordance with this Article, that the reasons for unreasonable costs or for improvement measures being technically not feasible will remain valid for a longer period of time. The extension shall take into account the number of years for which the regulated entity provides evidence. The total time period between improvement reports shall not exceed 4 years for a category B regulated entity or 5 years for a category A regulated entity.
However, where evidence is found that measures needed for reaching those tiers have become technically feasible and do not any more incur unreasonable costs, the regulated entity shall notify the competent authority of appropriate modifications of the monitoring plan in accordance with Article 75b, and submit proposals for implementing the related measures and its timing.
However, where evidence is found that for those fuel streams it has become technically feasible and does not any more incur unreasonable costs to apply any other method referred to in Article 75l(2), the regulated entity shall notify the competent authority of appropriate modifications of the monitoring plan in accordance with Article 75b and submit proposals for implementing the related measures and its timing.
The competent authority may set an alternative date for submission of the report as referred to in this paragraph, but no later date than 30 September of the same year. Where applicable, such report may be combined with the report referred to in paragraph 1 of this Article.
Where recommended improvements would not lead to an improvement of the monitoring methodology, the regulated entity shall provide a justification of why that is the case. Where the recommended improvements would incur unreasonable costs, the regulated entity shall provide evidence of the unreasonable nature of the costs.
Article 75r
Determination of emissions by the competent authority
The competent authority shall make a conservative estimate of the emissions of a regulated entity, taking into account cost pass-on implications for consumers, in any of the following situations:
no verified annual emission report has been submitted by the regulated entity by the deadline required pursuant to Article 75p;
the verified annual emissions report referred to in Article 75p is not in compliance with this Regulation;
the annual emissions report of a regulated entity has not been verified in accordance with Implementing Regulation (EU) 2018/2067.
Article 75s
Access to information and rounding of data
Article 71 and Article 72(1) and (2) shall apply. In this regard, any reference to operators or aircraft operators shall be read as a reference to the regulated entities.
Article 75t
Ensuring consistency with other reporting
For the purposes of reporting emissions of activities listed in Annex III to Directive 2003/87/EC:
the sectors in which the fuels as defined in Article 3, point (af), of Directive 2003/87/EC are released for consumption and are combusted shall be labelled using the CRF codes;
the fuels as defined in Article 3, point (af), of Directive 2003/87/EC shall be labelled using the CN-codes in accordance with national legislation transposing Directives 2003/96/EC and 2009/30/EC, where relevant;
to ensure consistency with reporting for tax purposes pursuant to national legislation transposing Directives 2003/96/EC and (EU) 2020/262, the regulated entity shall use, where relevant, the economic operator registration and identification number pursuant to Regulation (EU) No 952/2013 ( *6 ), the excise number pursuant to Regulation (EU) No 389/2012 ( *7 ) or the national excise registration and identification number issued by the relevant authority pursuant to national legislation transposing Directive 2003/96/EC, when reporting their contact details in the monitoring plan and emission report.
Article 75u
Information technology requirements
The provisions of Chapter VII shall apply. In this regard, any reference to operator and aircraft operator shall be read as if it were a reference to the regulated entity.
CHAPTER VIIb
HORIZONTAL PROVISIONS RELATED TO THE MONITORING OF EMISSIONS FROM REGULATED ENTITIES
Article 75v
Avoiding double counting through monitoring and reporting
Article 75w
Prevention of fraud and obligation to cooperate
Annex I is amended as follows:
Section 1 is amended as follows:
in paragraph (1), point (f), the reference to the harmonised standard ‘ISO 14001:2004’ is replaced by a reference to the harmonised standard ‘ISO 14001:2015’;
in paragraph (7), point (d), the reference to ‘Regulation (EU) No 1193/2011’ is replaced by the following
‘Regulation (EU) 2019/1122 ( *8 )
the following paragraph 10 is added:
‘(10) Where applicable, by 31 December 2026, a description of the procedure used to submit information as described in Article 75v(2).’;
Section 2 is amended as follows:
the title is replaced by the following:
‘MINIMUM CONTENT OF MONITORING PLANS FOR AVIATION’;
in paragraph (1), point (i), the reference to the harmonised standard ‘ISO 14001:2004’ is replaced by a reference to the harmonised standard ‘ISO 14001:2015’;
in paragraph (1), the following points are added:
where applicable, a description of the procedure used to assess if biofuel complies with Article 38(5);
where applicable, a description of the procedure used to determine biofuel quantities and to ensure no double counting occurs in accordance with Article 54;
where applicable, a description of the procedure used to assess if eligible aviation fuel complies with Article 54a(2);
where applicable a description of the procedure used to determine eligible aviation fuel quantities and to ensure no double counting according to Article 54a.’;
in paragraph (2), points (f) and (g) are deleted;
Section 3 is deleted;
the following Section is added:
‘4. MINIMUM CONTENT OF THE MONITORING PLANS FOR REGULATED ENTITIES
The monitoring plan for regulated entities shall contain at least the following information:
general information on the regulated entity:
the identification of the regulated entity, contact details including address, and where relevant the economic operator registration and identification number pursuant to Regulation (EU) No 952/2013, the excise number pursuant to Regulation (EU) No 389/2012 or the national excise registration and identification number issued by the relevant authority pursuant to national legislation transposing Directive 2003/96/EC, used for reporting for tax purposes pursuant to national legislation transposing Directives 2003/96/EC and (EU) 2020/262;
a description of the regulated entity, containing a list of fuel streams to be monitored, the means through which the fuel streams are released for consumption, the end use(s) of the fuel stream released for consumption including the CRF code, at the level of aggregation available, and meeting the following criteria:
the description is to be sufficient for demonstrating that neither data gaps nor double counting of emissions occur;
a simple diagram of the information referred to in point (b), first subparagraph, describing the regulated entity, the fuel streams, the means through which the fuels as defined in Article 3(af) of Directive 2003/87/EC are released for consumption, measuring instruments and any other parts of the regulated entity relevant for the monitoring methodology including data flow activities and control activities;
where the regulated entities and the fuel streams covered correspond to entities with reporting obligations under and fuels subject to national legislation transposing Directive 2003/96/EC or 2009/30/EC, a simple diagram of the measurement methods used for the purposes of those acts;
where applicable, a description of any deviations from the start and end of the monitoring year in accordance with Article 75j(2);
a description of the procedure for managing the assignment of responsibilities for monitoring and reporting within the regulated entity, and for managing the competences of responsible personnel;
a description of the procedure for regular evaluation of the monitoring plan’s appropriateness, covering at least the following:
checking the list of fuel streams, ensuring completeness and that all relevant changes in the nature and functioning of the regulated entity will be included in the monitoring plan;
assessing compliance with the uncertainty thresholds for released fuel amounts and other parameters, where applicable, for the applied tiers for each fuel stream;
assessing potential measures for improvement of the monitoring methodology applied, in particular the method for determining the scope factor;
a description of the written procedures of the data flow activities pursuant to Article 58, including a diagram where appropriate for clarification;
a description of the written procedures for the control activities established pursuant to Article 59;
where applicable, information on relevant links between the regulated entity’s activity listed in Annex III to Directive 2003/87/EC and reporting for tax purposes pursuant reporting to national legislation transposing Directives 2003/96/EC and (EU) 2020/262;
the version number of the monitoring plan and the date from which that version of the monitoring plan is applicable;
the category of the regulated entity;
a detailed description of the calculation-based methodologies, consisting of the following:
for each fuel stream to be monitored, a detailed description of the calculation-based methodology applied, including a list of input data and calculation formulae used, the methods to determine the scope factor, a list of the tiers applied for released fuel amounts, all relevant calculation factors, the scope factor and, at the level of aggregation known, the CRF-codes of the end use(s) of fuel stream released for consumption;
where the regulated entity intends to make use of simplification for de-minimis fuel streams, a categorisation of the fuel streams into major and de-minimis fuel streams;
a description of the measurement systems used, and their measurement range, uncertainty and location of the measuring instruments to be used for each of the fuel streams to be monitored;
where applicable, the default values used for calculation factors indicating the source of the factor, or the relevant source, from which the default factor will be retrieved periodically, for each of the fuel streams;
where applicable, a list of the analysis methods to be used for the determination of all relevant calculation factors for each of the fuel streams, and a description of the written procedures for those analyses;
where applicable, a description of the procedure explaining the sampling plan for the sampling of fuels to be analysed, and the procedure used to revise the appropriateness of the sampling plan;
where applicable, a list of laboratories engaged in carrying out relevant analytical procedures and, where the laboratory is not accredited as referred to in Article 34(1) a description of the procedure used for demonstrating the compliance with equivalent requirements in accordance with Article 34(2) and (3);
where applicable, a description of the procedure used to assess if biomass fuel streams comply with Article 38(5) and, where relevant, Article 75m(2);
where applicable, a description of the procedure used to determine biogas quantities based on purchase records in accordance with Article 39(4);
where applicable, a description of the procedure used to submit information as described in Article 75v(3) and receive information pursuant to Article 75v(2).’;
in Annex II, Section I, Table 1 is amended as follows:
the third row (concerning ‘solid fuels’) is replaced by the following:
|
‘Solid fuels, excluding waste |
Amount of fuel [t] |
± 7,5 % |
± 5 % |
± 2,5 % |
± 1,5 %’; |
after the third row (concerning ‘solid fuels’), the following row is inserted:
|
‘Waste |
Amount of fuel [t] |
± 7,5 % |
± 5 % |
± 2,5 % |
± 1,5 %’: |
the following Annex IIa is inserted:
‘ANNEX IIa
Tier definitions for calculation-based methodologies related to regulated entities
1. DEFINITION OF TIERS FOR RELEASED FUEL AMOUNTS
The uncertainty thresholds in Table 1 shall apply to tiers relevant to released fuel amounts’ requirements in accordance with Article 28(1), point (a), and Article 29(2), first subparagraph. The uncertainty thresholds shall be interpreted as maximum permissible uncertainties for the determination of fuel streams over a reporting period.
Table 1
Tiers for released fuel amounts (maximum permissible uncertainty for each tier)
|
Fuel stream type |
Parameter to which the uncertainty is applied |
Tier 1 |
Tier 2 |
Tier 3 |
Tier 4 |
Combustion of fuels
|
Commercial standard fuels |
Amount of fuel [t] or [Nm3] or [TJ] |
±7,5 % |
±5 % |
±2,5 % |
±1,5 % |
|
Other gaseous and liquid fuels |
Amount of fuel [t] or [Nm3] or [TJ] |
±7,5 % |
±5 % |
±2,5 % |
±1,5 % |
|
Solid fuels |
Amount of fuel [t] or [TJ] |
±7,5 % |
±5 % |
±2,5 % |
±1,5 % |
2. DEFINITION OF TIERS FOR CALCULATION FACTORS AND THE SCOPE FACTOR
Regulated entities shall monitor CO2 emissions from all types of fuels released for consumption in sectors listed in Annex III to Directive 2003/87/EC or included in the Union system under Article 30j of that Directive using the tier definitions laid down in this section.
2.1. Tiers for emission factors
Where a biomass fraction is determined for a mixed fuel, the tiers defined shall relate to the preliminary emission factor. For fossil fuels, the tiers shall relate to the emission factor.
Tier 1: The regulated entity shall apply one of the following:
the standard factors listed in section 1 of Annex VI;
other constant values in accordance with Article 31(1), point (e), where no applicable value is contained in section 1 of Annex VI.
Tier 2a: The regulated entity shall apply country specific emission factors for the respective fuel in accordance with Article 31(1), points (b) and (c).
Tier 2b: The regulated entity shall derive emission factors for the fuel based on net calorific value for specific coal types, in combination with an empirical correlation as determined at least once per year in accordance with Articles 32 to 35 and 75m.
The regulated entity shall ensure that the correlation satisfies the requirements of good engineering practice and that it is applied only to values of the proxy which fall into the range for which it was established.
Tier 3: The regulated entity shall apply one of the following:
determination of the emission factor in accordance with the relevant provisions of Articles 32 to 35;
the empirical correlation as specified for Tier 2b, where the regulated entity demonstrates to the satisfaction of the competent authority that the uncertainty of the empirical correlation does not exceed 1/3 of the uncertainty value to which the regulated entity has to adhere with regard to the released fuel amounts determination of the relevant fuel.
2.2. Tiers for unit conversion factor
Tier 1: The regulated entity shall apply one of the following:
the standard factors listed in section 1 of Annex VI;
other constant values in accordance with Article 31(1), point (e), where no applicable value is contained in section 1 of Annex VI.
Tier 2a: The regulated entity shall apply country specific factors for the respective fuel in accordance with Article 31(1), point (b) or (c).
Tier 2b: For commercially traded fuels the unit conversion factor as derived from the purchasing records for the respective fuel shall be used provided it has been derived based on accepted national or international standards.
Tier 3: The regulated entity shall determine the unit conversion factor in accordance with Articles 32 to 35.
2.3. Tiers for biomass fraction
Tier 1: The regulated entity shall apply an applicable value published by the competent authority or the Commission, or values in accordance with Article 31(1).
Tier 2: The regulated entity shall apply an estimation method approved in accordance with Article 75m(3), second subparagraph.
Tier 3a: The regulated entity shall apply analyses in accordance with Article 75m(3), first subparagraph, and in accordance with Articles 32 to 35.
Where a regulated entity assumes a fossil fraction of 100 % in accordance with Article 39(1), no tier shall be assigned for the biomass fraction.
Tier 3b: For fuels originating from a production process with defined and traceable input streams, the regulated entity may base the estimation on a mass balance of fossil and biomass carbon entering and leaving the process, such as the mass balance system in accordance with Article 30(1) of Directive (EU) 2018/2001.
2.4. Tiers for the scope factor
Tier 1: The regulated entity shall apply a default value in accordance with Article 75l(3) or (4).
Tier 2: The regulated entity shall apply methods in accordance with Article 75l(2), points (e) to (g).
Tier 3: The regulated entity shall apply methods in accordance with Article 75l(2), points (a) to (d).’;
Annex III is amended as follows:
the title is replaced by the following:
‘ Monitoring methodologies for aviation (Article 53) ’;
in Section 2, Table 1 is replaced by the following:
‘Table 1
Fossil aviation CO2 factors (preliminary emission factors)
|
Fuel |
Emission factor (t CO2/t fuel) |
|
Aviation gasoline (AvGas) |
3,10 |
|
Jet gasoline (Jet B) |
3,10 |
|
Jet kerosene (Jet A1 or Jet A) |
3,16 ’; |
Annex IV is amended as follows:
Section 10 is amended as follows:
paragraph A is replaced by the following:
‘A. Scope
The operator shall include at least the following potential sources of CO2 emissions: calcination of limestone, dolomite or magnesite in the raw materials, non-carbonate carbon in raw materials, conventional fossil kiln fuels, alternative fossil-based kiln fuels and raw materials, biomass kiln fuels (biomass wastes) and other fuels.
Where the burnt lime and the CO2 stemming from the limestone are used for purification processes, such that approximately the same amount of CO2 is bound again, the decomposition of carbonates as well as the purification process shall not be required to be included separately in the monitoring plan of the installation.’;
paragraph B is replaced by the following:
‘B. Specific monitoring rules
Emissions from combustion shall be monitored in accordance with section 1 of this Annex. Process emissions from carbonates in raw materials shall be monitored in accordance with section 4 of Annex II. Carbonates of calcium and magnesium shall be always taken into account. Other carbonates and non- carbonate carbon in the raw material shall be taken into account, whenever they are relevant for emission calculation.
For the input-based methodology, carbonate content values shall be adjusted for the respective moisture and gangue content of the material. In the case of magnesia production, other magnesium bearing minerals than carbonates shall be taken into account, as appropriate.
Double counting or omissions resulting from returned or by-pass material shall be avoided. When applying Method B, lime kiln dust shall be considered a separate source stream where relevant.’;
in Section 11, paragraph B is replaced by the following:
‘B. Specific monitoring rules
Emissions from combustion, including flue gas scrubbing, shall be monitored in accordance with section 1 of this Annex. Process emissions from non-carbonate raw materials, including coke, graphite and coal dust, shall be monitored in accordance with section 4 of Annex II. Carbonates to be taken into account include at least CaCO3, MgCO3, Na2CO3, NaHCO3, BaCO3, Li2CO3, K2CO3, and SrCO3. Only Method A shall be used.
By way of derogation from section 4 of Annex II, the following tier definitions for the emission factor of carbonate-containing raw materials shall apply.
Tier 1: Stoichiometric ratios as listed in section 2 of Annex VI shall be used. The purity of relevant input materials shall be determined by means of industry best practice.
Tier 2: The determination of the amount of relevant carbonates in each relevant input material shall be carried out in accordance with Articles 32 to 35.
By way of derogation from section 4 of Annex II for the conversion factor, only tier 1 shall be applicable for all process emissions from carbonate and non-carbonate containing raw materials.’;
Annex V is amended as follows:
the title is replaced by the following:
‘ Minimum tier requirements for calculation-based methodologies involving category A installations referred to in Article 19(2), point (a), and category A entities referred to in Article 75e(2), point (a), and calculation factors for commercial standard fuels used by category B and C installations referred to in Article 19(2), points (b) and (c), and category B entities referred to in Article 75e(2), point (b) ’;
Table 1 is amended as follows:
the third row (concerning ‘solid fuels’) is replaced by the following:
|
‘Solid fuels, excluding waste |
1 |
2a/2b |
2a/2b |
n.a. |
1 |
n.a.’; |
after the third row (concerning ‘solid fuels’), the following row is added:
|
‘Waste |
1 |
2a/2b |
2a/2b |
n.a. |
1 |
n.a.’; |
in Annex V, the following Table 2 is added:
‘Table 2
Minimum tiers to be applied for calculation-based methodologies in the case of category A entities and in the case of calculation factors for commercial standard fuels for regulated entities in accordance with Article 75e(2), point (a)
|
Fuels stream type |
Amount of fuel released |
Unit conversion factor |
Emission factor (*1) |
|
Commercial standard fuels |
2 |
2a/2b |
2a/2b |
|
Other gaseous and liquid fuels |
2 |
2a/2b |
2a/2b |
|
Solid fuels |
1 |
2a/2b |
2a/2b |
|
(*1)
Tiers for the emission factor relate to the preliminary emission factor. For mixed materials, the biomass fraction shall be determined separately. Tier 1 shall be the minimum tier to be applied for the biomass fraction in the case of category A entities and in the case of commercial standard fuels for all regulated entities in accordance with Article 75e(2), point (a)’; |
|||
in Annex VI, Section 1, Table 1, the following row is inserted after the 47th row (concerning ‘Waste tyres’):
|
‘Municipal waste (non-biomass fraction) |
91,7 |
n.a. |
IPCC 2006 GL’; |
Annex IX is replaced by the following:
‘ANNEX IX
Minimum data and information to be retained in accordance with Article 67(1)
Operators, aircraft operators and regulated entities shall retain at least the following:
1. COMMON ELEMENTS FOR INSTALLATIONS, AIRCRAFT OPERATORS AND REGULATED ENTITIES
The monitoring plan approved by the competent authority;
Documents justifying the selection of the monitoring methodology and the documents justifying temporal or non-temporal changes of monitoring methodologies and, where applicable, tiers approved by the competent authority;
All relevant updates of monitoring plans notified to the competent authority in accordance with Article 15, and the competent authority’s replies;
All written procedures referred to in the monitoring plan, including the sampling plan where relevant, the procedures for data flow activities and the procedures for control activities;
A list of all versions used of the monitoring plan and all related procedures;
Documentation of the responsibilities in connection to the monitoring and reporting;
The risk assessment performed by the operator, aircraft operator or regulated entity, where applicable;
The improvement reports in accordance with Article 69;
The verified annual emission report;
The verification report;
Any other information that is identified as required for the verification of the annual emissions report.
2. SPECIFIC ELEMENTS FOR STATIONARY SOURCE INSTALLATIONS
The greenhouse gas emissions permit, and any updates thereof;
Any uncertainty assessments, where applicable;
For calculation-based methodologies applied in installations:
the activity data used for any calculation of the emissions for each source stream, categorised according to process and fuel or material type;
a list of all default values used as calculation factors, where applicable;
the full set of sampling and analysis results for the determination of calculation factors;
documentation about all ineffective procedures corrected and correction action taken in accordance with Article 64;
any results of calibration and maintenance of measuring instruments.
For measurement-based methodologies in installations, the following additional elements:
documentation justifying the selection of a measurement-based methodology;
the data used for the uncertainty analysis of emissions from each emission source, categorised according to process;
the data used for the corroborating calculations and results of the calculations;
a detailed technical description of the continuous measurement system including the documentation of the approval from the competent authority;
raw and aggregated data from the continuous measurement system, including documentation of changes over time, the log-book on tests, down-times, calibrations, servicing and maintenance;
documentation of any changes to the continuous measurement system;
any results of the calibration and maintenance of measuring instruments;
where applicable, the mass or energy balance model used for the purpose of determining surrogate data in accordance with Article 45(4) and underlying assumptions;
Where a fall-back methodology as referred to in Article 22 is applied, all data necessary for determining the emissions for the emission sources and source streams for which that methodology is applied, as well as proxy data for activity data, calculation factors and other parameters which would be reported under a tier methodology;
For primary aluminium production, the following additional elements:
documentation of results from measurement campaigns for the determination of the installation specific emission factors for CF4 and C2F6;
documentation of the results of the determination of the collection efficiency for fugitive emissions;
all relevant data on primary aluminium production, anode effect frequency and duration or overvoltage data;
For CO2 capture, transport and geological storage activities, where applicable, the following additional elements:
documentation of the amount of CO2 injected into the storage complex by installations carrying out geological storage of CO2;
representatively aggregated pressure and temperature data from a transport network;
a copy of the storage permit, including the approved monitoring plan, pursuant to Article 9 of Directive 2009/31/EC;
the reports submitted in accordance with Article 14 of Directive 2009/31/EC;
reports on the results of the inspections carried out in accordance with Article 15 of Directive 2009/31/EC;
documentation on corrective measures taken in accordance with Article 16 of Directive 2009/31/EC.
3. SPECIFIC ELEMENTS FOR AVIATION ACTIVITIES
A list of aircraft owned, leased-in and leased-out, and necessary evidence for the completeness of that list; for each aircraft the date when it is added to or removed from the aircraft operator’s fleet;
A list of flights covered in each reporting period including, for each flight, the ICAO designator of the two aerodromes, and necessary evidence for the completeness of that list;
Relevant data used for determining the fuel consumption and emissions;
Documentation on the methodology for data gaps where applicable, the number of flights where data gaps occurred, the data used for closing the data gaps, where they occurred, and, where the number of flights with data gaps exceeded 5 % of flights that were reported, reasons for the data gaps as well as documentation of remedial actions taken.
4. SPECIFIC ELEMENTS FOR REGULATED ENTITIES
A list of fuel streams in each reporting period and necessary evidence for completeness of that list, including the categorisation of fuel streams;
the means through which the fuels as defined in Article 3, point (af) of Directive 2003/87/EC are released for consumption and where available, the types of intermediate consumers, where this would not cause disproportionate administrative burden;
the type of end use, including the relevant CRF code of the final sectors in which the fuel as defined in Article 3, point (af), of Directive 2003/87/EC is consumed, at the level of aggregation available;
relevant data used for determining the released fuel amounts for each fuel stream;
a list of default values used and calculation factors, where applicable;
the scope factor for each fuel stream, including an identification of each final consumption sector and all relevant underlying data for this identification;
the tiers applicable including justifications for deviation from required tiers;
the full set of sampling and analysis results for the determination of calculation factors;
documentation about all ineffective procedures corrected and correction action taken in accordance with Article 64;
any results of calibration and maintenance of measuring instruments;
a list of installations to which fuel as defined in Article 3 (af) of Directive 2003/87/EC is released for consumption, including names, address and permit number and released fuel amounts supplied to those installations for the reporting periods.’;
Annex X is amended as follows:
Section 1 is amended as follows:
paragraph (1) is replaced by the following:
Data identifying the installation, as specified in Annex IV to Directive 2003/87/EC, and its unique permit number except for installations for the incineration of municipal waste;’;
in paragraph (6), the following point (h) is added:
where a source stream is a type of waste, the relevant waste codes pursuant to Commission Decision 2014/955/EU ( *9 ).
in paragraph (9), the following point (c) is added:
where applicable, a proxy for the energy content from fossil fuels and materials and from biomass fuels and materials.’;
Section 2 is amended as follows:
paragraph (8) is replaced by the following:
‘(8) Mass of fuel (in tonnes) per fuel type per State pair, including information on all of the following:
Whether the biofuels comply with Article 38(5);
Whether the fuel is an eligible aviation fuel;
For eligible aviation fuels, the fuel type as defined in Article 3c(6) of Directive 2003/87/EC;’;
paragraph (9) is replaced by the following:
‘(9) Total CO2 emissions in tonnes of CO2 using the preliminary emission factor as well as the emission factor disaggregated by the Member State of departure and arrival, including CO2 from biofuels which do not comply with Article 38(5);’;
in paragraph (12), point (a) is replaced by the following:
amount of biofuels used during the reporting year (in tonnes) listed per fuel type, and whether the biofuels comply with Article 38(5);’;
the following paragraph (12a) is added:
‘(12a) Total amount of eligible aviation fuels used during the reporting year (in tonnes) listed per fuel type as per Article 3c(6) of Directive 2003/87/EC;’;
paragraph (13) is replaced by the following:
‘(13) As an annex to the annual emission report, the aircraft operator shall include annual emissions and annual numbers of flights per aerodrome pair. If applicable, the amount of eligible aviation fuel (in tonnes) shall be indicated per aerodrome pair. Upon request of the operator the competent authority shall treat that information as confidential.’;
Section 3 is deleted;
the following Section 4 is added:
‘4. ANNUAL EMISSION REPORTS OF REGULATED ENTITIES
The annual emission report of a regulated entity shall at least contain the following information:
Data identifying the regulated entity, as specified in Annex IV to Directive 2003/87/EC, and its unique greenhouse gas permit number;
Name and address of the verifier of the report;
The reporting year;
Reference to and version number of the latest approved monitoring plan and the date from which it is applicable, as well as reference to and version number of any other monitoring plans relevant for the reporting year;
Relevant changes in the operations of the regulated entity and changes as well as temporary deviations that occurred during the reporting period to the monitoring plan approved by the competent authority; including temporal or permanent changes of tiers, reasons for those changes, starting date for the changes, and starting and ending dates of temporal changes;
Information for all fuel streams consisting of at least:
the total emissions expressed as t CO2, including CO2 from biomass fuel streams which do not comply with Article 38(5);
the tiers applied;
released fuel amounts, (expressed as tonnes, Nm3 or TJ,) and the unit conversion factor, expressed in appropriate units, reported separately, where applicable;
emission factors, expressed in accordance with the requirements set out in Article 75f; biomass fraction, expressed as dimensionless fractions;
where emission factors for fuels are related to mass or volume instead of energy, values determined pursuant to Article 75h(3) for the unit conversion factor of the respective fuel stream;
the means through which the fuel is released for consumption;
the end use(s) of the fuel stream released for consumption including the CRF code, at the level of detail available;
the scope factor, expressed as dimensionless fraction, up to three decimal points. Where, for a fuel stream, more than one method is used to determine the scope factor, the information on the type of method, the associated scope factor, the released fuel amount and the CRF code at the level of detail available;
where the scope factor is zero pursuant to Article 75l(1):
A list of all entities covered by Chapters II and III of Directive 2003/87/EC identified by their name, address and, where applicable, unique permit number;
The released fuel amounts supplied to each entity covered by Chapters II and III of Directive 2003/87/EC for the relevant reporting period, expressed as t, Nm3, or TJ, as well as the corresponding emissions.
Information to be reported as memo items, consisting of at least:
a proxy for the net calorific value of the biomass fuel streams, where relevant;
emissions, amounts and energy content of biofuels and bioliquids released for consumption, expressed in t and TJ, and information whether such biofuels and bioliquids comply with Article 38(5);
Where data gaps have occurred and have been closed by surrogate data in accordance with Article 66(1):
the fuel stream to which each data gap applies;
the reasons for each data gap;
the starting and ending date and time of each data gap;
the emissions calculated based on surrogate data;
where the estimation method for surrogate data has not yet been included in the monitoring plan, a detailed description of the estimation method including evidence that the methodology used does not lead to an underestimation of emissions for the respective time period;
Any other changes in the regulated entity during the reporting period with relevance for that regulated entity’s greenhouse gas emissions during the reporting year.’;
the following Annexes are added:
‘ANNEX Xa
Reports on fuel suppliers and fuel use of stationary installations and, where relevant, aircraft operators and shipping companies
Together with the information contained in the annual emission report pursuant to Annex X to this Regulation, the operator shall submit a report with the following information for each purchased fuel as defined in Article 3(af) of Directive 2003/87/EC:
name, address and unique permit number of the fuel supplier which is registered as regulated entity. In cases where the fuel supplier is not a regulated entity, the operators shall submit, where available, a list of all suppliers of fuels, from direct fuel suppliers up to the regulated entity, including their name, address and unique permit number;
the types and amounts of fuels acquired from each supplier referred to in point (a) during the relevant reporting period;
the amount of fuel used for activities referred to in Annex I to Directive 2003/87/EC from each fuel supplier during the relevant reporting period.
ANNEX Xb
Reports on released fuels by regulated entities
Together with the information contained in the annual emission report pursuant to Annex X to this Regulation, the regulated entity shall submit a report with the following information for each purchased fuel as defined in Article 3, point (af), of Directive 2003/87/EC:
name, address and unique permit number of the operator and, where relevant, the aircraft operator and shipping company, to whom the fuel is released. In other cases where the fuel is meant for end use in sectors covered by Annex I to Directive 2003/87/EC the regulated entity shall submit, where available, a list of all consumers of fuels, from direct buyer down to the operator, including their name, address and unique permit number, where this would not cause disproportionate administrative burden;
the types and amounts of fuels sold to each buyer referred to in point (a) during the relevant reporting period.
the amount of fuel used for activities referred to in Annex I to Directive 2003/87/EC for each buyer referred to in point (a) during the relevant reporting period.’.
Article 2
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2024.
However, Article 1, points (24), (25)(a)(iii), (25)(d), (27), (30)(a), (31), (33), (34)(d) and (35) shall apply from 1 July 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( *1 ) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4).
( *2 ) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).’;
( *3 ) Commission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (OJ L 250, 30.9.2019, p. 10).’;
( *4 ) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
( *5 ) Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (OJ L 291, 6.12.1995, p. 46).
( *6 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
( *7 ) Regulation (EU) No 389/2012 of 2 May 2012 on administrative cooperation in the field of excise duties and repealing Regulation (EC) No 2073/2004 (OJ L 121, 8.5.2012, p. 1).’;
( *8 ) Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (OJ L 177, 2.7.2019, p. 3).’;
( *9 ) Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 370, 30.12.2014, p. 44).’;