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Document 02013D0529-20180709
Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities
Consolidated text: Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities
Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities
02013D0529 — EN — 09.07.2018 — 002.001
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DECISION No 529/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 (OJ L 165 18.6.2013, p. 80) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 70 |
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16.3.2016 |
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REGULATION (EU) 2018/841 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 |
L 156 |
1 |
19.6.2018 |
DECISION No 529/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 May 2013
on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities
Article 1
Subject matter and scope
This Decision sets out accounting rules applicable to emissions and removals of greenhouse gases resulting from land use, land-use change and forestry (‘LULUCF’) activities, as a first step towards the inclusion of those activities in the Union’s emission reduction commitment, when appropriate. It does not lay down any accounting or reporting obligations for private parties. It sets out the obligation for Member States to provide information on their LULUCF actions to limit or reduce emissions and to maintain or increase removals.
Article 2
Definitions
For the purposes of this Decision, the following definitions shall apply:
‘emissions’ means anthropogenic emissions of greenhouse gases into the atmosphere by sources;
‘removals’ means anthropogenic removals of greenhouse gases from the atmosphere by sinks;
‘afforestation’ means the direct human-induced conversion of land that has not been forest for a period of at least 50 years to forest through planting, seeding and/or the human-induced promotion of natural seed sources, where the conversion has taken place after 31 December 1989;
‘reforestation’ means any direct human-induced conversion of land that is not forest to forest through planting, seeding and/or the human-induced promotion of natural seed sources, which is confined to land that was forest but ceased to be forest before 1 January 1990, and which has been reconverted to forest in the period after 31 December 1989;
‘deforestation’ means the direct human-induced conversion of forest to land that is not forest, where the conversion has taken place after 31 December 1989;
‘forest management’ means any activity resulting from a system of practices applicable to a forest that influences the ecological, economic or social functions of the forest;
‘cropland management’ means any activity resulting from a system of practices applicable to land on which agricultural crops are grown and on land that is set aside or temporarily not being used for crop production;
‘grazing land management’ means any activity resulting from a system of practices applicable to land used for livestock production and aimed at controlling or influencing the quantity and type of vegetation and livestock produced;
‘revegetation’ means any direct human-induced activity intended to increase the carbon stock of any site that covers a minimum area of 0,05 hectares, through the proliferation of vegetation, where that activity does not constitute afforestation or reforestation;
‘carbon stock’ means the mass of carbon stored in a carbon pool;
‘wetland drainage and rewetting’ means any activity resulting from a system for draining or rewetting land which has been drained and/or rewetted after 31 December 1989, which covers a minimum area of 1 hectare and on which organic soil is present, provided the activity does not constitute any other activity for which accounts are prepared and maintained pursuant to Article 3(1), (2) and (3), and where draining is the direct human-induced lowering of the soil water table, and rewetting is the direct human-induced partial or total reversal of drainage;
‘source’ means any process, activity or mechanism that releases a greenhouse gas, an aerosol or a precursor to a greenhouse gas into the atmosphere;
‘sink’ means any process, activity or mechanism that removes a greenhouse gas, an aerosol, or a precursor to a greenhouse gas from the atmosphere;
‘carbon pool’ means the whole or part of a biogeochemical feature or system within the territory of a Member State within which carbon, any precursor to a greenhouse gas containing carbon or any greenhouse gas containing carbon is stored;
‘precursor to a greenhouse gas’ means a chemical compound that participates in the chemical reactions that produce any of the greenhouse gases listed in Article 3(4);
‘harvested wood product’ means any product of wood harvesting that has left a site where wood is harvested;
‘forest’ means an area of land defined by the minimum values for area size, tree crown cover or an equivalent stocking level, and potential tree height at maturity at the place of growth of the trees, as specified for each Member State in Annex V. It includes areas with trees, including groups of growing young natural trees, or plantations that have yet to reach the minimum values for tree crown cover or equivalent stocking level or minimum tree height as specified in Annex V, including any area that normally forms part of the forest area but on which there are temporarily no trees as a result of human intervention, such as harvesting, or as a result of natural causes, but which area can be expected to revert to forest;
‘crown cover’ means the proportion of a fixed area that is covered by the vertical projection of the perimeter of tree crowns, expressed as a percentage;
‘stocking level’ means the density of standing and growing trees on land covered by forest measured in accordance with a methodology established by the Member State;
‘natural disturbances’ means any non-anthropogenic events or circumstances that cause significant emissions in forests and the occurrence of which are beyond the control of the relevant Member State provided the Member State is objectively unable to significantly limit the effect of the events or circumstances, even after their occurrence, on emissions;
‘background level’ means the average emissions caused by natural disturbances in a given time period, excluding statistical outliers, calculated in accordance with Article 9(2);
‘half-life value’ means the number of years it takes for the quantity of carbon stored in a harvested wood products category to decrease to one half of its initial value;
‘instantaneous oxidation’ means an accounting method that assumes that the release into the atmosphere of the entire quantity of carbon stored in harvested wood products occurs at the time of harvest;
‘salvage logging’ means any harvesting activity consisting of recovering timber that can still be used, at least in part, from lands affected by natural disturbances.
Article 3
Obligation to prepare and maintain LULUCF accounts
For each accounting period specified in Annex I, Member States shall prepare and maintain accounts that accurately reflect all emissions and removals resulting from the activities on their territory falling within the following categories:
afforestation;
reforestation;
deforestation;
forest management.
►M2 For the accounting period beginning on 1 January 2021, and thereafter, Member States shall prepare and maintain annual accounts that accurately reflect all emissions and removals resulting from the activities on their territory falling within the following categories:
cropland management;
grazing land management.
As regards the annual accounts for emissions and removals resulting from cropland management and grazing land management, for the accounting period from 1 January 2013 to 31 December 2020, the following shall apply:
From 2016 to 2018, Member States shall report to the Commission by 15 March each year on the systems in place and being developed to estimate emissions and removals from cropland management and grazing land management. Member States should report on how these systems are in accordance with IPCC methodologies and UNFCCC reporting requirements on greenhouse gas emissions and removals.
Member States shall, prior to 1 January 2022, provide and submit to the Commission by 15 March each year initial, preliminary and non-binding annual estimates of emissions and removals from cropland management and grazing land management using, where appropriate, IPCC methodologies. Member States should use at least the methodology described as Tier 1 as specified in the relevant IPCC guidelines. Member States are encouraged to use these estimates to identify key categories and develop country-specific Tier 2 and Tier 3 key methodologies for the robust and accurate estimation of emissions and removals.
Member States shall, no later than 15 March 2022, submit their final annual estimates for accounting of cropland management and grazing land management.
A Member State may request a derogation in order to delay the deadline referred to in point (c), where the determination of the final estimates for accounting of cropland management and grazing land management cannot reasonably be achieved within the timescale set out in this paragraph for at least one of the following reasons:
the accounting required can only be achieved in phases exceeding the timescale, for reasons of technical feasibility;
completing the accounting within the timescale would be disproportionately expensive.
Member States wishing to benefit from the derogation shall submit a reasoned request to the Commission by 15 January 2021.
Where the Commission considers that the request is justified, it shall grant the derogation for a maximum period of three calendar years from 15 March 2022. It shall otherwise reject the request, explaining the reasons for its decision.
If necessary, the Commission may request additional information to be submitted within a reasonable time period specified.
The request for a derogation shall be deemed to have been granted where the Commission has raised no objections within six months of receiving the Member State’s original request or the additional information requested.
The accounts referred to in paragraphs 1, 2 and 3 shall cover emissions and removals of the following greenhouse gases:
carbon dioxide (CO2);
methane (CH4);
nitrous oxide (N2O).
Article 4
General accounting rules
Member States shall include in their accounts referred to in Article 3(1), (2) and (3) any change in the carbon stock of the following carbon pools:
above-ground biomass;
below-ground biomass;
litter;
dead wood;
soil organic carbon;
harvested wood products.
However, Member States may choose not to include in their accounts changes in carbon stocks for carbon pools listed under points (a) to (e) of the first subparagraph where the carbon pool is not a source. Member States shall consider that a carbon pool is not a source only where this is demonstrated on the basis of transparent and verifiable data.
Article 5
Accounting rules for afforestation, reforestation and deforestation
Article 6
Accounting rules for forest management
Member States shall ensure that the calculation methods they apply in respect of their accounts for forest management activities are in accordance with Appendix II of Decision 2/CMP.6 and are consistent with the calculation methods applied for the calculation of their reference levels specified in Annex II with regard to at least the following aspects:
carbon pools and greenhouse gases;
area under forest management;
harvested wood products;
natural disturbances.
▼M2 —————
Article 7
Accounting rules for harvested wood products
In accounts pursuant to Article 3(1), (2) and (3) relating to harvested wood products, Member States shall reflect emissions and removals resulting from changes in the pool of harvested wood products falling within the following categories using the first order decay function and the default half-life values specified in Annex III:
paper;
wood panels;
sawn wood.
Member States may supplement those categories with information on bark, provided that the available data is transparent and verifiable. Member States may also use country-specific sub-categories of any of those categories. Member States may use country-specific methodologies and half-life values instead of the methodologies and default half-life values specified in Annex III provided that those methodologies and values are determined on the basis of transparent and verifiable data and that the methods used are at least as detailed and accurate as those specified in Annex III.
For exported harvested wood products, country-specific data refers to country-specific half-life values and harvested wood products usage in the importing country.
Member States shall not use country-specific half-life values for harvested wood products placed on the market in the Union that deviate from those used by the importing Member State in their accounts pursuant to Article 3(1), (2) and (3).
Harvested wood products resulting from deforestation shall be accounted for on the basis of instantaneous oxidation.
Member States may, for information purposes only, provide in their submission data on the share of wood used for energy purposes that was imported from outside the Union, and the countries of origin for such wood.
Article 8
Accounting rules for cropland management, grazing land management, revegetation, and wetland drainage and rewetting
Article 9
Accounting rules for natural disturbances
Member States may exclude from their LULUCF accounts, either annually or at the end of the respective accounting period, the non-anthropogenic greenhouse gas emissions by sources exceeding the background level as calculated in accordance with paragraph 2 where:
the emissions in a particular year of the accounting period exceed the background level plus a margin. Where the background level is calculated in accordance with the method specified in Annex VII, that margin shall be equal to twice the standard deviation of the time series used to calculate the background level. Where the background level is calculated using a country-specific methodology, Member States shall describe the manner in which the margin has been established, in cases where such a margin is needed. Any methodology used shall avoid the expectation of net credits during the accounting period;
the information requirements in paragraph 5 are met and reported by the Member States.
Every Member State which excludes non-anthropogenic greenhouse gas emissions by sources from natural disturbances in a particular year of the accounting period shall:
exclude from accounting for the rest of the accounting period all subsequent removals on lands affected by natural disturbances and on which the emissions referred to in paragraph 3 have occurred;
not exclude emissions resulting from harvesting and salvage logging activities that took place on those lands following the occurrence of the natural disturbances;
not exclude emissions resulting from prescribed burning that took place on those lands in that particular year of the accounting period;
not exclude emissions on lands that were subject to deforestation following the occurrence of natural disturbances.
Member States may exclude non-anthropogenic greenhouse gas emissions by sources from natural disturbances only if they provide transparent information demonstrating:
that all land areas affected by natural disturbances in that particular reporting year have been identified, including their geographical location, year and types of natural disturbances;
that no deforestation has occurred during the rest of the respective accounting period on lands that were affected by natural disturbances and in respect of which emissions were excluded from accounting;
which verifiable methods and criteria will be used to identify deforestation on those lands in the subsequent years of the accounting period;
where practicable, which measures the Member State undertook to manage or control the impact of those natural disturbances;
where possible, which measures the Member State undertook to rehabilitate the lands affected by those natural disturbances.
Article 10
Information on LULUCF actions
The information on LULUCF actions shall cover the duration of the relevant accounting period specified in Annex I.
Member States shall include in their information on LULUCF actions, as a minimum, the following information relating to each of the activities referred to in Article 3(1), (2) and (3):
a description of past trends of emissions and removals including, where possible, historic trends, to the extent that they can reasonably be reconstructed;
projections for emissions and removals for the accounting period;
an analysis of the potential to limit or reduce emissions and to maintain or increase removals;
a list of the most appropriate measures to take into account national circumstances, including, as appropriate, but not limited to the indicative measures specified in Annex IV, that the Member State is planning or that are to be implemented in order to pursue the mitigation potential, where identified in accordance with the analysis referred to in point (c);
existing and planned policies to implement the measures referred to in point (d), including a quantitative or qualitative description of the expected effect of those measures on emissions and removals, taking into account other policies and measures relating to the LULUCF sector;
indicative timetables for the adoption and implementation of the measures referred to in point (d).
The Commission may, in consultation with the Member States, synthesise its findings from all Member States' information on LULUCF actions with a view to facilitating the exchange of knowledge and best practices among Member States.
The Commission may publish a synthesis report on the basis of the reports referred to in the first subparagraph.
Member States shall make available to the public the information on their LULUCF actions and the reports referred to in the first subparagraph within three months of submitting them to the Commission.
Article 11
Review
The Commission shall review the accounting rules in this Decision in accordance with relevant decisions adopted by bodies of the UNFCCC or of the Kyoto Protocol, or other Union law or, in the absence of such decisions, by 30 June 2017, and submit, if appropriate, a proposal to the European Parliament and the Council.
Article 12
Exercise of the delegation
Article 13
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 14
This Decision is addressed to the Member States.
ANNEX I
ACCOUNTING PERIODS REFERRED TO IN ARTICLE 3(1)
Accounting period |
Years |
First accounting period |
From 1 January 2013 to 31 December 2020 |
ANNEX II
MEMBER STATE REFERENCE LEVELS REFERRED TO IN ARTICLE 6
Member State |
Gg carbon dioxide (CO2) equivalents per year |
Belgium |
–2 499 |
Bulgaria |
–7 950 |
Croatia |
–6 289 |
Czech Republic |
–4 686 |
Denmark |
409 |
Germany |
–22 418 |
Estonia |
–2 741 |
Ireland |
–142 |
Greece |
–1 830 |
Spain |
–23 100 |
France |
–67 410 |
Italy |
–22 166 |
Cyprus |
–157 |
Latvia |
–16 302 |
Lithuania |
–4 552 |
Luxembourg |
–418 |
Hungary |
–1 000 |
Malta |
–49 |
Netherlands |
–1 425 |
Austria |
–6 516 |
Poland |
–27 133 |
Portugal |
–6 830 |
Romania |
–15 793 |
Slovenia |
–3 171 |
Slovakia |
–1 084 |
Finland |
–20 466 |
Sweden |
–41 336 |
United Kingdom |
–8 268 |
ANNEX III
FIRST ORDER DECAY FUNCTION AND DEFAULT HALF-LIFE VALUES REFERRED TO IN ARTICLE 7
First order decay function starting with i = 1900 and continuing to present year:
with C(1900) = 0.0
where:
i = year
C(i) = the carbon stock of the harvested wood products pool in the beginning of year i, Gg C
k = decay constant of first-order decay given in units of year-1 (, where HL is half-life of the harvested wood products pool in years.)
Inflow(i) = the inflow to the harvested wood products pool during year i, Gg C year-1
ΔC(i) = carbon stock change of the harvested wood products pool during year i, Gg C year-1,
Default half-life values (HL):
ANNEX IV
INDICATIVE MEASURES THAT MAY BE INCLUDED IN THE INFORMATION ON LULUCF ACTIONS SUBMITTED PURSUANT TO ARTICLE 10(2)(d)
(a) Measures related to cropland management such as:
(b) Measures related to grazing land management and pasture improvement such as:
(c) Measures to improve the management of agricultural organic soils, in particular, peat lands, such as:
(d) Measures to prevent drainage and to incentivise rewetting of wetlands.
(e) Measures related to existing or partly drained mires, such as:
(f) Restoration of degraded lands.
(g) Measures related to forestry activities such as:
(h) Preventing deforestation.
(i) Strengthening protection against natural disturbances such as fire, pests, and storms.
(j) Measures to substitute greenhouse gas intensive energy feedstocks and materials with harvested wood products.
ANNEX V
MINIMUM VALUES FOR AREA SIZE, TREE CROWN COVER AND TREE HEIGHT AS SPECIFIED BY THE MEMBER STATE FOR THE DEFINITION OF FOREST
Member State |
Area (ha) |
Tree crown cover (%) |
Tree height (m) |
Belgium |
0,5 |
20 |
5 |
Bulgaria |
0,1 |
10 |
5 |
Croatia |
0,1 |
10 |
2 |
Czech Republic |
0,05 |
30 |
2 |
Denmark |
0,5 |
10 |
5 |
Germany |
0,1 |
10 |
5 |
Estonia |
0,5 |
30 |
2 |
Ireland |
0,1 |
20 |
5 |
Greece |
0,3 |
25 |
2 |
Spain |
1,0 |
20 |
3 |
France |
0,5 |
10 |
5 |
Italy |
0,5 |
10 |
5 |
Cyprus |
|
|
|
Latvia |
0,1 |
20 |
5 |
Lithuania |
0,1 |
30 |
5 |
Luxembourg |
0,5 |
10 |
5 |
Hungary |
0,5 |
30 |
5 |
Malta |
|
|
|
Netherlands |
0,5 |
20 |
5 |
Austria |
0,05 |
30 |
2 |
Poland |
0,1 |
10 |
2 |
Portugal |
1,0 |
10 |
5 |
Romania |
0,25 |
10 |
5 |
Slovenia |
0,25 |
30 |
2 |
Slovakia |
0,3 |
20 |
5 |
Finland |
0,5 |
10 |
5 |
Sweden |
0,5 |
10 |
5 |
United Kingdom |
0,1 |
20 |
2 |
ANNEX VI
BASE YEAR OR PERIOD
Member State |
Base Year |
Belgium |
1990 |
Bulgaria |
1988 |
Croatia |
1990 |
Czech Republic |
1990 |
Denmark |
1990 |
Germany |
1990 |
Estonia |
1990 |
Ireland |
1990 |
Greece |
1990 |
Spain |
1990 |
France |
1990 |
Italy |
1990 |
Cyprus |
|
Latvia |
1990 |
Lithuania |
1990 |
Luxembourg |
1990 |
Hungary |
1985-87 |
Malta |
|
Netherlands |
1990 |
Austria |
1990 |
Poland |
1988 |
Portugal |
1990 |
Romania |
1989 |
Slovenia |
1986 |
Slovakia |
1990 |
Finland |
1990 |
Sweden |
1990 |
United Kingdom |
1990 |
ANNEX VII
CALCULATION OF BACKGROUND LEVEL OF NATURAL DISTURBANCES
1. For the calculation of the background level Member States shall provide information on historic levels of emissions caused by natural disturbances. In doing this, Member States shall:
provide information on the type(s) of natural disturbance included in the estimation;
include total annual emissions estimations for those natural disturbance types for the period 1990-2009, listed by activities referred to in Article 3(1);
demonstrate that time series consistency is guaranteed in all relevant parameters, including minimum area, emission estimation methodologies, coverages of pools and gases.
2. The background level shall be calculated for those activities listed in Article 3(1), where the Member State intends to apply the Natural Disturbances provisions, as the average of the 1990-2009 time series excluding all years where abnormal levels of emissions were recorded, i.e. excluding all statistical outliers. The identification of statistical outliers shall be made following an iterative process described as follows:
calculate the arithmetic average value and the standard deviation of the full time series 1990-2009;
exclude from the time series all years where the annual emissions are outside twice the standard deviation around the average;
calculate again the arithmetic average value and the standard deviation of the time series 1990-2009 minus the years excluded in (b);
repeat (b) and (c) until no outliers can be identified.