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Document 32022D0919
Commission Implementing Decision (EU) 2022/919 of 8 June 2022 amending Commission Decision 2005/381/EC as regards the questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2022) 3604) (Text with EEA relevance)
Commission Implementing Decision (EU) 2022/919 of 8 June 2022 amending Commission Decision 2005/381/EC as regards the questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2022) 3604) (Text with EEA relevance)
Commission Implementing Decision (EU) 2022/919 of 8 June 2022 amending Commission Decision 2005/381/EC as regards the questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2022) 3604) (Text with EEA relevance)
C/2022/3604
OJ L 159, 14.6.2022, p. 52–89
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
14.6.2022 |
EN |
Official Journal of the European Union |
L 159/52 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/919
of 8 June 2022
amending Commission Decision 2005/381/EC as regards the questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council
(notified under document C(2022) 3604)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (1), and in particular Article 21(1) thereof,
Whereas:
(1) |
Article 21(1) of Directive 2003/87/EC requires Member States to submit annual reports to the Commission on the application of that Directive. |
(2) |
Commission Decision 2005/381/EC (2) sets out in its Annex a questionnaire to be used by the Member States for the drawing up of annual reports aimed at establishing a detailed account of the application of Directive 2003/87/EC. |
(3) |
Directive (EU) 2018/410 of the European Parliament and of the Council (3) amended Directive 2003/87/EC so as to reflect the commitment that the European Council took in 2014 to reduce the overall greenhouse gas emissions of the Union by at least 40 % below 1990 levels by 2030. |
(4) |
In order to implement the amendments of Directive (EU) 2018/410, Commission Implementing Regulation (EU) 2018/2066 (4) laid down revised rules for the monitoring and reporting of greenhouse gas emissions and activity data pursuant to Directive 2003/87/EC in the trading period of the Union emissions trading system commencing on 1 January 2021 and subsequent trading periods. In addition, Commission Implementing Regulation (EU) 2018/2067 (5) laid down revised provisions for the verification of reports submitted pursuant to Directive 2003/87/EC and for the accreditation and supervision of verifiers. That Implementing Regulation also laid down provisions for the mutual recognition of verifiers and peer evaluation of national accreditation bodies pursuant to Article 15 of Directive 2003/87/EC. Implementing Regulation (EU) 2018/2067 applies to the verification of greenhouse gas emissions and tonne-kilometre data from 1 January 2019 and to the verification of data relevant for the update of ex ante benchmarks and for the determination of free allocation to installations. |
(5) |
Moreover, the rules for the free allocation of emission allowances were updated by Commission Delegated Regulation (EU) 2019/331 (6) and Commission Implementing Regulation (EU) 2019/1842 (7). |
(6) |
It is therefore necessary to reflect in Decision 2005/381/EC the amendments to Directive 2003/87/EC and to the related implementing and delegated acts. Moreover, further experience gained by the Member States and the Commission in using the questionnaire has shown the need to improve the efficiency of the reporting and the coherence of the information reported. |
(7) |
Decision 2005/381/EC should therefore be amended accordingly. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2005/381/EC is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 June 2022.
For the Commission
Frans TIMMERMANS
Executive Vice-President
(1) OJ L 275, 25.10.2003, p. 32.
(2) Commission Decision 2005/381/EC of 4 May 2005 establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 126, 19.5.2005, p. 43).
(3) Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
(4) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
(5) Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94).
(6) Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).
(7) Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (OJ L 282, 4.11.2019, p. 20).
ANNEX
‘ANNEX
QUESTIONNAIRE ON THE APPLICATION OF DIRECTIVE 2003/87/EC
1. Details of institution submitting the report
Name and department of organisation:
Name of contact person:
Job title of contact person:
Address:
International telephone number:
Email:
2. Responsible authorities in the emissions trading system (eu ets) and coordination between authorities
Questions in this section are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
2.1. |
In the table below, please state the name, abbreviation and contact details of the competent authorities involved in the implementation of the EU ETS for installations and aviation in your Member State. Add further rows if necessary.
Are you using the national accreditation body appointed pursuant to Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council (4) to accredit verifiers that are carrying out verification of emission reports, baseline data reports, new entrant data reports or annual activity level reports? Yes/No If yes, please state the name, abbreviation and contact details of that national accreditation body.
Have you set up a national certification authority to certify verifiers pursuant to Article 55(2) of Commission Implementing Regulation (EU) 2018/2067 (6)? Yes/No If yes, please state the name, abbreviation and contact details of the national certification authority using the table below.
In the table below, please state the name, abbreviation and contact details of the registry administrator in your Member State.
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2.2. |
In the table below, please indicate which competent authority is responsible for the following tasks, using their abbreviation. Add further rows if necessary.
Please note that if a box in the table below is grey, the task is not relevant for either installations or aviation.
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2.3. |
If more than one competent authority is designated in your Member State pursuant to Article 18 of Directive 2003/87/EC, which competent authority is your focal point referred to in Article 70(2) of Implementing Regulation (EU) 2018/2067? Please answer using the relevant abbreviation in the table below.
If more than one competent authority is designated in your Member State to carry out the activities in Implementing Regulation (EU) 2018/2066, what measures have been taken to coordinate the work of those competent authorities in accordance with Article 10 of Implementing Regulation (EU) 2018/2066? Please answer using the table below. Add further rows if necessary.
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2.4. |
What effective exchange of information and cooperation has been established in accordance with Article 70(1) of Implementing Regulation (EU) 2018/2067 between the national accreditation body or, if relevant, the national certification authority and the competent authority within your Member State? Please answer using the table below. Add further rows if necessary.
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3. Coverage of activities, installations and aircraft operators
3.A. Installations
3.1. |
How many installations carry out activities and emit greenhouse gas emissions listed in Annex I to Directive 2003/87/EC? How many of those installations are category A, B and C installations as referred to in Article 19(2) of Implementing Regulation (EU) 2018/2066? How many of the category A installations are installations with low emissions as referred to in Article 47(2) of Implementing Regulation (EU) 2018/2066? Please answer using the table below.
Which Annex I activities are carried out by installations in your Member State? Please answer using the table below.
|
3.2. |
Have you excluded installations under Article 27 or 27a of Directive 2003/87/EC? Yes/No
If yes, please complete in the table below:
How many of the installations excluded under Articles 27 and 27a of Directive 2003/87/EC have closed in the reporting period?
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3.B. Aircraft operators
3.3. |
How many aircraft operators are carrying out activities listed in Annex I to Directive 2003/87/EC for which you are responsible as administering Member State? How many of those aircraft operators are commercial aircraft operators and non-commercial aircraft operators? How many of the total number of aircraft operators are small emitters as referred to in Article 55(1) of Implementing Regulation (EU) 2018/2066? Please specify using the table below.
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4. The issue of permits for installations
Question 4.1 and the first part of question 4.2 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period. All other questions are to be answered yearly.
4.1. |
Please specify in the table below to what extent there has been integration or coordination between Directives 2003/87/EC and Directive 2010/75/EU of the European Parliament and of the Council (18).
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4.2. |
When does national law require a permit update in accordance with Articles 6 and 7 of Directive 2003/87/EC? Please provide details of the provisions in national law in the table below. Add further rows if necessary.
What is the total number of permit updates that occurred in the reporting period? Please specify in the table below the number of permit updates as far as this is known to the competent authority.
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5. Application of the monitoring and reporting regulation
5.A. General
Question 5.1, 5.2, 5.3 and 5.4 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
5.1. |
Is additional national legislation adopted to assist in the implementation of Implementing Regulation (EU) 2018/2066? Yes/No
If yes, please specify below for which areas additional national legislation has been or is being implemented.
Has additional national guidance been developed to support the understanding of Implementing Regulation (EU) 2018/2066? Yes/No If yes, please specify below for which areas additional national guidance has been developed.
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5.2. |
What measures have been taken to streamline the EU ETS reporting requirements with reporting requirements of other existing reporting mechanisms such as greenhouse gas inventory reporting and European Pollutant Release and Transfer Register (E-PRTR) reporting? Please complete the table below.
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5.3. |
Are you using the template developed by the Commission for monitoring plans, emission reports, verification reports and/or improvement report? Yes/No
If no, please specify in the table below whether your Member State has developed customised electronic templates or specific file formats for monitoring plans, emission reports, verification reports and/or improvement reports and indicate which elements are different compared to the template developed by the Commission.
What measures have you implemented to comply with the requirements in Article 74(1) and (2) of Implementing Regulation (EU) 2018/2066? Please specify below.
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5.4. |
Are you using an automated system for electronic data exchange between operators or aircraft operators and the competent authority and other parties? Yes/No
If yes, please specify below what provisions you have implemented to comply with the requirements in Article 75(1) and (2) of Implementing Regulation (EU) 2018/2066.
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5.B. Installations
Question 5.17 is to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
5.5. |
In the table below, please complete, for the fuels listed, the total fuel consumption and total annual emissions based on data reported in the operator’s emission reports for the reporting year.
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5.6. |
In the table below, please complete the aggregate total emissions for each reported IPCC Common Reporting Format (CRF) category based on the data provided in the operator’s emission reports in accordance with Article 73 of Implementing Regulation (EU) 2018/2066.
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5.7. |
In the table below, please indicate for each category of installation and for each fuel or material type the number of installations for which the competent authority has approved default values referred to in Article 31(1) of Implementing Regulation (EU) 2018/2066.
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5.8. |
In the table below, please indicate the number of installations for which the competent authority has allowed a different frequency for analysis in accordance with Article 35(2), point (b), of Implementing Regulation (EU) 2018/2066 as well as confirmation that the sampling plan in those cases is fully documented and adhered to.
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5.9. |
If the highest tier approaches for major source streams or major emission sources of category C installations referred to in Article 19(2), point (c), of Implementing Regulation (EU) 2018/2066 are not applied, please indicate in the table below, for each installation for which this situation occurred, the affected source streams or emission source, the affected monitoring parameter, the highest tier required under Implementing Regulation (EU) 2018/2066 and the tier applied.
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5.10. |
In the table below, please indicate the number of category B installations referred to in Article 19(2), point (b), of Implementing Regulation (EU) 2018/2066 that do not apply the highest tier for all major source streams and all major emission sources (25) in accordance with Implementing Regulation (EU) 2018/2066.
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5.11. |
Have installations in your Member State applied the fall-back approach in accordance with Article 22 of Implementing Regulation (EU) 2018/2066? Yes/No
If yes, please complete the table below.
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5.12. |
Please indicate in the table below the number of category A, B and C installations that were required to submit and actually submitted an improvement report in accordance with Article 69 of Implementing Regulation (EU) 2018/2066. The information in the table below relates to the submission of the improvement report in the previous reporting period.
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5.13. |
Has inherent CO2 in accordance with Article 48, CO2 in accordance with Article 49 or N2O in accordance with Article 50 of Implementing Regulation (EU) 2018/2066 been transferred in your Member State? Yes/No
If yes, please complete the table below.
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5.14. |
Did any installations in your Member State apply continuous emissions measurement in accordance with Article 40 of Implementing Regulation (EU) 2018/2066? Yes/No
If yes, please indicate in the table below, the total emissions of each installation, the emissions covered by continuous emission measurement, and whether the measured gas contains biomass CO2.
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5.15. |
In the table below, please indicate for each main activity listed in Annex I to Directive 2003/87/EC:
Which of the methods to demonstrate compliance with sustainability or greenhouse gas emission savings criteria are in general applied in your Member State? Please describe below the main elements if national systems are used to demonstrate this compliance.
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5.16. |
What was the total quantity of fossil CO2 emissions from waste used as fuel or input material? Please answer by using the table below.
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5.17. |
Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Implementing Regulation (EU) 2018/2066? Yes/No
If yes, please specify in the table below what sort of risk assessment was carried out and on which principles it was configured.
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5.C. Aircraft operators
Question 5.23 is to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
5.18. |
How many aircraft operators are using Method A or B to determine the fuel consumption? Please answer using the table below.
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5.19. |
In the table below, please specify
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5.20. |
In the table below, please indicate:
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5.21. |
In the table below, please indicate:
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5.22. |
In the table below, please indicate the number of aircraft operators that were required to submit and actually submitted an improvement report in accordance with Article 69 of Implementing Regulation (EU) 2018/2066. The information requested in the table below relates to the submission of improvement reports in the previous reporting period.
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5.23. |
Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Implementing Regulation (EU) 2018/2066? Yes/No.
If yes, please specify in the table below what type of risk assessment was carried out and on which principles it was configured.
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6. Arrangements for verification
6.A. General
6.1. |
Please indicate in the table below the total number of verifiers carrying out verification of operator’s or aircraft operator reports (40). For the total number of verifiers from another Member State, please indicate the Member State in which they were accredited by the national accreditation body.
Please indicate in the table below the number of verifiers accredited for a particular scope of accreditation referred to in Annex I to Implementing Regulation (EU) 2018/2067. If Member States have allowed certification of natural person verifiers pursuant to Article 55(2) of Implementing Regulation (EU) 2018/2067, please indicate also the number of natural person verifiers certified for a particular scope of certification referred to in Annex I to Implementing Regulation (EU) 2018/2067.
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6.2. |
In the table below, please provide information on the application of the requirements on information exchange specified in Chapter VI of Implementing Regulation (EU) 2018/2067:
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6.B. Installations
6.3. |
For which installations did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Implementing Regulation (EU) 2018/2066? Please answer using the table below. Add further rows if necessary.
How many installations have received a negative verification opinion statement or have not submitted an emission report by the required deadline?
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6.4. |
Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Implementing Regulation (EU) 2018/2066 or recommendations for improvement? Yes/No
If yes, please provide information in the table below:
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6.5. |
Did the competent authority carry out any checks on verified emission reports? Yes/No
If yes, please specify what checks were carried out using the table below:
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6.6. |
Have site visits been waived for installations emitting more than 25 000 tonnes CO2(e) per year? Yes/No
If yes, please indicate in the table below the number of installations for which a site visit was waived under a particular condition. Add further rows if necessary.
Were site visits waived for installations with low emissions referred to in Article 47(2) of Implementing Regulation (EU) 2018/2066? Yes/No If yes, please indicate in the table below the number of installations for which a site visit was waived.
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6.7. |
Were virtual site visits carried out in accordance with Article 34a of Implementing Regulation (EU) 2018/2067? Yes/No
If yes, please indicate in the table below:
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6.C. Aircraft operators
6.8. |
For which aircraft operators did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Implementing Regulation (EU) 2018/2066? Please answer using the table below. Add further rows if necessary.
How many aircraft operators have received a negative verification opinion statement or have not submitted an emission report by the required deadline?
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6.9. |
Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Implementing Regulation (EU) 2018/2066 or recommendations for improvement? Yes/No
If yes, please provide information in the tables below for emissions and tonne-kilometre data respectively. Table for data related to emission reports
Table for data related to tonne-kilometre reports
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6.10. |
Did the competent authority carry out any checks on verified emission reports? Yes/No
If yes, please specify what checks were carried out using the tables below for emissions and tonne-kilometre data respectively. Table for data related to emission reports
Table for data related to tonne-kilometre reports
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6.11. |
Were site visits waived for small emitters referred to in Article 55(1) of Implementing Regulation (EU) 2018/2066? Yes/No
If yes, please indicate in the table below the number of small emitters for which a site visit was waived.
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6.12. |
Were virtual site visits carried out in accordance with Article 34a of Implementing Regulation (EU) 2018/2067? Yes/No
If yes, please indicate in the table below:
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7. Registries
7.1. |
Please attach a copy of your Member State specific terms and conditions required to be signed by account holders. |
7.2. |
In all cases where an account was closed because there was no reasonable prospect of further allowances being surrendered by an installation or aircraft operator, please describe in the table below why there was no reasonable further prospect and state the amount of outstanding allowances. Add further rows if necessary.
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7.3. |
On how many occasions during the reporting year did aircraft operators use the mandate as provided for in Article 15(3) of Commission Delegated Regulation (EU) 2019/1122 (61)? Please specify below the number of occasions.
Which aircraft operators used a mandate during the reporting period as provided for in Article 15(3) of Delegated Regulation (EU) 2019/1122? Please provide the information by using the table below. Add further rows if necessary.
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8. Allocation
Questions 8.1, 8.2, 8.3, 8.10, 8.11 and 8.17 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
8.A. General
8.1. |
Are you using the template developed by the Commission for monitoring methodology plans, baseline data reports, annual activity level reports and verification reports? Yes/No
If no, please specify in the table below whether you have developed Member State customised electronic templates or specific file formats for monitoring methodology plans, baseline data reports, annual activity level reports and verification reports and indicate what elements are different compared to the template developed by the Commission.
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8.2. |
Are fees charged to operators in relation to activities pursuant to Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842? Yes/No
If yes, please provide details in the table below regarding these fees:
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8.3. |
If Member States are using an IT system, is this system also covering activities pursuant to Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842? Yes/No |
8.4. |
Please complete in the table below information on renunciation and suspension of allowances and the recovering of excess allowances as a result from over-allocation:
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8.5. |
Were there sub-installations using the fuel benchmark or heat benchmark for which Article 6(1) of Implementing Regulation (EU) 2019/1842 is applied? Yes/No
If yes, please complete in the table below the number of sub-installations concerned:
Were there sub-installations for which the competent authority rejected the application of Article 6(1) of Implementing Regulation (EU) 2019/1842? Yes/No If yes, please complete in the table below the number of sub-installations:
Were there sub-installations using the fuel benchmark or heat benchmark for which Article 6(2) of Implementing Regulation (EU) 2019/1842 was applied? Yes/No If yes, please complete in the table below the number of sub-installations concerned:
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8.6. |
Please specify the number of installations that were excluded from the scope of EU ETS:
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8.7. |
Have you applied Article 10c of Directive 2003/87/EC? Yes/No
If yes, please provide in the table below the total number of emission allowances issued and the total value of investments made in the reporting period.
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8.B. Baseline data reports
8.8. |
How many installations received a negative verification opinion statement for the baseline data reports?
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8.9. |
Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Delegated Regulation (EU) 2019/331 or recommendations for improvement? Yes/No
If yes, please provide information in the table below:
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8.C. Annual activity level data
8.10. |
Did the competent authority require operators to report additional parameters included in Annex IV to Delegated Regulation (EU) 2019/331 in accordance with Article 3(2) of Implementing Regulation (EU) 2019/1842? Yes/No
If yes, please specify the type of additional parameters:
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8.11. |
Did the competent authority require submission of preliminary activity level report? Yes/No
If yes, what timeline applies for submitting the preliminary activity level report?
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8.12. |
How many installations have received a negative verification opinion statement for an annual activity level report or have not submitted an annual activity level report by the required deadline?
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8.13. |
Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842 or recommendations for improvement? Yes/No
If yes, please provide information in the table below:
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8.14. |
Did the competent authority reject annual activity level reports? Yes/No
If yes, please fill in the table:
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8.15. |
Have site visits been waived during the verification of annual activity level reports? Yes/No
If yes, please indicate in the table below the number of installations for which a site visit was waived under a particular condition. Add further rows if necessary.
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8.16. |
Have virtual site visits been carried out in accordance with Article 34a of Implementing Regulation (EU) 2018/2067 during the verification of annual activity level reports? Yes/No
If yes, please indicate in the table below:
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8.17. |
Which penalties apply to infringements of Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842 and national law pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
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8.18. |
Which infringements were incurred and which penalties were imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
Were penalties imposed in prior reporting periods enforced in the current reporting period? If yes, please complete the table:
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9. Fees and charges
Questions 9.1, 9.2 and 9.3 are only to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
9.A. Installations
9.1. Are fees charged to operators? Yes/No
If yes, please provide details in the table below regarding fees charged for the issuance and update of permits and approval and update of monitoring plans.
Reason for fee/description |
Amount in Euros |
Permit issuance/monitoring plan approval |
|
Permit update |
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Permit transfer |
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Permit surrender |
|
New entrant reserve application |
|
Other, please specify: |
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If yes, please provide details for the annual subsistence fees using the following table.
Reason for fee/description |
Amount in Euros |
Annual subsistence charge |
|
Other, please specify |
|
9.B. Aircraft operators
9.2. Are fees charged to aircraft operators? Yes/No
If yes, please provide details in the table below regarding fees charged for the approval and update of monitoring plans.
Reason for fee/description |
Amount in Euros |
Approval of monitoring plan for emissions |
|
Approval of change to monitoring plan for emissions |
|
Approval of monitoring plan for tonne-kilometre data |
|
Approval of change to monitoring plan for tonne-kilometre data |
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Transfer of monitoring plan |
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Surrender of monitoring plan |
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Other, please specify |
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If yes, please provide in the table below details for the annual subsistence fees.
Reason for fee/description |
Amount in Euros |
Annual subsistence charge |
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Other, please specify |
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9.C. Installations and aircraft operators
9.3. |
In the tables below, please specify the one-off and annual fees that are charged to operators and aircraft operators in relation to registry accounts.
Table for one-off fees
Table for annual fees
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10. Issues related to compliance with the ETS Directive
10.A. Installations
Question 10.2 is to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
10.1. |
In the table below, please specify what measures were taken to ensure that operators complied with the permit and Implementing Regulation (EU) 2018/2066 and with Implementing Regulation (EU) 2018/2067. Add further rows if necessary.
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10.2. |
Which penalties apply to infringements of Implementing Regulation (EU) 2018/2066, Implementing Regulation (EU) 2018/2067 and national law pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
In which national law were the infringements and penalties defined?
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10.3. |
Which infringements were incurred and which penalties were imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
Were penalties imposed in prior reporting periods enforced in the current reporting period? If yes, please complete the table:
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10.4. |
In the table below, please provide the names of operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.
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10.B. Aircraft operators
Questions 10.6 and 10.9 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
10.5. |
In the table below, please specify what measures were taken to ensure that aircraft operators complied with Implementing Regulation (EU) 2018/2066 and with Implementing Regulation (EU) 2018/2067. Add further rows if necessary.
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10.6. |
Which penalties apply to infringements of Implementing Regulation (EU) 2018/2066, Implementing Regulation (EU) 2018/2067 and national law pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
In which national law were the infringements and penalties defined?
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10.7. |
Which infringements were found and which penalties were imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC? Please complete the table and add further rows if necessary.
Were penalties imposed in prior reporting periods enforced in the current reporting period? If yes, please complete the table below.
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10.8. |
In the table below, please provide the names of aircraft operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.
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10.9. |
What measures would have to be taken in your Member State before requesting an operating ban from the Commission in accordance with Article 16(10) of Directive 2003/87/EC? Please specify below the types of measures.
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11. The legal nature of allowances and fiscal treatment
Questions 11.1, 11.2, 11.3 and 11.4 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
11.1. What is the legal nature of an allowance in your Member State?
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11.2. What is the financial accounting treatment of emission allowances in your Member State?
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11.3. Is VAT due on the issuance of and transactions in emission allowances? Yes/No
If yes, does your Member State apply the reverse-charge mechanism? Yes/No
11.4. Are emission allowances taxed? Yes/No
If yes, please indicate in the table below the type of tax and tax rates that apply. Add further rows if necessary.
Type of tax |
Tax rate applied |
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12. Fraud
Question 12.1 and 12.2 are to be answered in the report due by 30 June 2022 and in subsequent reports if changes have occurred during the reporting period.
12.1. |
In the table below, please specify what arrangements are in place concerning fraudulent activities related to the free allocation of allowances.
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12.2. |
In the table below, please specify what arrangements are in place to ensure that competent authorities involved in the implementation of EU ETS are made aware of fraudulent activities.
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12.3. |
In the table below, please indicate the following information on fraudulent activities as far as it is known to the competent authority involved in the implementation of EU ETS in your Member State:
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13. Other observations
13.1. |
In the table below, please provide details of any other issues that give rise to concerns in your Member State, or any other relevant information you would like to provide.
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13.2. |
Have you addressed all one-off questions in this questionnaire and updated the responses to those questions where relevant? Yes/No
If no, please return to the question concerned. |
(1) Please select from the drop down box: central competent authority, regional competent authority, local competent authority, other. If the competent authority is a central competent authority, the number of competent authorities does not have to be completed.
(2) Please specify the number of competent authorities in the case regional or local competent authorities are selected in the left column.
(3) Please provide the telephone number, email address and website address.
(4) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(5) Please provide the telephone number, email address and website address.
(6) Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94). That Regulation replaces Commission Regulation (EU) No 600/2012.
(7) Please provide the telephone number, email address and website address.
(8) Please provide the telephone number, email address and website address.
(9) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(10) Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, (OJ L 59, 27.2.2019, p. 8).
(11) Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (OJ L 282, 4.11.2019, p. 20).
(12) Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a system for greenhouse gas emission allowances trading within the Union (OJ L 302 18.11.2010, p. 1).
(13) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
(14) This box needs only to be completed if the Member State has included activities or gases under Article 24 of Directive 2003/87/EC.
(15) This box needs only to be completed if the Member State has excluded installations under Articles 27 and 27a of Directive 2003/87/EC.
(16) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
(17) Please select Article 27, 27a (1) or 27a (3).
(18) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
(19) Please select Member State specific template or Member State specific file format.
(20) Please select Member State specific template or Member State specific file format.
(21) Please note that this question does not cover biomass (including non-sustainable biofuels, bioliquids, solid biomass). Information concerning combustion of biomass is covered by question 5.15.
(22) Please select category A installation, category B installation, category C installation or installation with low emissions.
(23) Installation identification code recognised in accordance with 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.
(24) Please select under affected monitoring parameter: quantity of fuel, quantity of material, net calorific value, emission factor, preliminary emission factor, oxidation factor, conversion factor, carbon content, biomass fraction, or in the case of a measurement based methodology: the annual average hourly emissions in kg/h from the emission source.
(25) Emission sources which emit more than 5 000 tonnes of CO2(e) per year or which contribute more than 10 % of the total annual emissions of the installation, whichever is higher in terms of absolute emissions.
(26) Please select: calculation based methodology or measurement based methodology.
(27) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(28) Please select:
a) |
applying tier 1 is technically infeasible or leads to unreasonable costs for one major source stream; |
b) |
applying tier 1 is technically infeasible or leads to unreasonable costs for one minor source stream; |
c) |
applying tier 1 is technically infeasible or leads to unreasonable costs for more than one major or minor source stream; or |
d) |
applying tier 1 in the measurement based methodology is technically infeasible or leads to unreasonable costs as referred to in Article 22 of Implementing Regulation (EU) 2018/2066. |
(29) Please select: quantity of fuel, quantity of material, net calorific value, emission factor, preliminary emission factor, oxidation factor, conversion factor, carbon content, biomass fraction or, in the case of a measurement based methodology, the annual average hourly emissions in kg/h from the emission source.
(30) Please select: improvement report in accordance with Article 69(1) of Implementing Regulation (EU) 2018/2066, improvement report in accordance with Article 69(3) of that Regulation or improvement report in accordance with Article 69(4) of that Regulation.
(31) Please select: transfer of inherent CO2 (Article 48), transfer of CO2 to Carbon Capture Storage (Article 49(1)(a), transfer of CO2 in PCC (Article 49(1)(b)), transfer of N2O (Article 50).
(32) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122
(33) The installation transferring the inherent CO2 under Article 48 of Implementing Regulation (EU) 2018/2066, the installation transferring CO2 under Article 49 of that Regulation, the installation transferring the N2O under Article 50 of that Regulation
(34) Please provide either the installation identification code of the installation receiving the inherent CO2, the installation identification code of the installations receiving CO2 pursuant to Article 49 of Implementing Regulation (EU) 2018/2066 or receiving N2O pursuant to Article 50 of that Regulation. If the receiving party is a non EU ETS consumer, please fill in ‘non EU ETS consumer’.
(35) Please provide the amount of inherent CO2 or CO2 transferred pursuant to Article 49 of Implementing Regulation (EU) 2018/2066 or the N2O transferred pursuant to Article 50 of Implementing Regulation.
(36) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(37) Please select: risk assessment carried out by the competent authority or risk assessment carried out by the operator.
(38) 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).
(39) Please select: risk assessment carried out by the competent authority or risk assessment carried out by the aircraft operator.
(40) Emission reports, baseline data reports, annual activity level reports, new entrant data reports, tonne-km reports.
(41) Please complete yes/no/partly.
(42) And not reported as resolved in previous reports.
(43) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(44) Please specify: no emission report submitted by 31 March, no positive verification opinion statement was given because of material misstatements, no positive verification opinion statement was given because of limitation of scope (Article 27(1), point (c), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement was given because of Article 27(1), point (d), of that Regulation, emission report rejected because it was not in line with Implementing Regulation (EU) 2018/2066, or emission report not verified in line with Implementing Regulation (EU) 2018/2067.
(45) Please indicate which of the following actions have been carried out or are being proposed: reminder or formal warning on imposing sanctions sent to operators, blocking of the operator holding account, imposition of fines, or other (please specify). A combination of actions is possible.
(46) Please specify: no emission report submitted by 31 March, no positive verification opinion statement was given because of material misstatements (Article 27(1), point (b), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement was given because of limitation of scope (Article 27(1), point (c), of that Regulation, no positive verification opinion statement was given because of Article 27(1), point (d), of that Regulation.
(47) Please specify: non-material misstatements, non-conformities not leading to a negative verification opinion statement, non-compliance with Implementing Regulation (EU) 2018/2066, recommendations for improvement.
(48) Please select: risk based assessment, % of installations, all category C installations, random selection, or other (if other, please specify).
(49) Please select the condition(s) as mentioned in Article 32 of Implementing Regulation (EU) 2018/2067.
(50) Please select approval by competent authority or generic authorisation under Article 34a(4) of Implementing Regulation (EU) 2018/2067.
(51) Aircraft operator identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(52) Please select: no emission report submitted by 31 March, no positive verification opinion statement was given because of material misstatements, no positive verification opinion statement was given because of limitation of scope (Article 27(1), point (c), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement was given because of Article 27(1), point (d), of that Regulation, emission report rejected because it was not in line with Implementing Regulation (EU) 2018/2066, emission report not verified in line with Implementing Regulation (EU) 2018/2067.
(53) Please indicate which of the following actions have been carried out or are being proposed: reminder or formal warning on imposing sanctions sent to aircraft operators, blocking of the aircraft operator holding account, imposition of fines, or other (please specify). A combination of actions is possible.
(54) Please specify: no emission report submitted by 31 March, no positive verification opinion statement was given because of material misstatements, no positive verification opinion statement was given because of limitation of scope (Article 27(1), point (c), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement was given because of Article 27(1), point (d), of that Regulation.
(55) Please select: non-material misstatements, non-conformities not leading to a negative verification opinion statement, non-compliance with Implementing Regulation (EU) 2018/2066 or recommendations for improvement.
(56) Please select: non-material misstatements, non-conformities not leading to a negative verification opinion statement, non-compliance with Implementing Regulation (EU) 2018/2066 or recommendations for improvement.
(57) Please select: risk based assessment, % of aircraft operators, all large aircraft operators, random selection, or other (if other, please specify).
(58) Please select: risk based assessment, % of aircraft operators, large aircraft operators, random selection, or other (if other please specify).
(59) Please select approval by competent authority or generic authorisation under Article 34a(4) of Implementing Regulation (EU) 2018/2067.
(60) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(61) 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).
(62) Aircraft operator identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(63) Please select Member State specific template or Member State specific file format.
(64) Compared to the requirements of the Commission published template and specific file formats.
(65) Please specify: no positive verification opinion statement because of material misstatements (Article 27(1), point (b), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement because of limitation of scope (Article 27(1), point (c), of that Regulation), no positive verification opinion statement because of Article 27(1), point (d), of that Regulation.
(66) Please specify: non-material misstatements, non-conformities not leading to a negative verification opinion statement, non-compliance with Delegated Regulation (EU) 2019/331, recommendations for improvement.
(67) Please specify: no annual activity level report submitted by 31 March, no positive verification opinion statement because of material misstatement (Article 27(1), point (b), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement because of limitation of scope (Article 27(1), point (c), of Implementing Regulation (EU) 2018/2067), no positive verification opinion statement because of Article 27(1), point (d), of Implementing Regulation (EU) 2018/2067.
(68) Please specify: non-material misstatements, non-conformities not leading to a negative verification opinion statement, non-compliance with Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842, recommendations for improvement.
(69) Please select the criteria as mentioned in Article 32 of Implementing Regulation (EU) 2018/2067.
(70) Please select approval by competent authority or generic authorisation under Article 34a of Implementing Regulation (EU) 2018/2067.
(71) Please select fines, imprisonment or other.
(72) Please select fines, imprisonment or other.
(73) Installation identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.
(74) Please select fines, imprisonment or other.
(75) Aircraft operator identification code recognised in accordance with Delegated Regulation (EU) 2019/1122.