ISSN 1725-2555
Official Journal
of the European Union
L 304
English edition
Legislation
Volume 51
14 November 2008
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ISSN 1725-2555 |
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Official Journal of the European Union |
L 304 |
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English edition |
Legislation |
Volume 51 |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
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14.11.2008 |
EN |
Official Journal of the European Union |
L 304/1 |
REGULATION (EC) No 1099/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
on energy statistics
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
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(1) |
The Community needs to have precise and timely data on energy quantities, their forms, sources, generation, supply, transformation and consumption, for the purpose of monitoring the impact and consequences of its policy work on energy. |
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(2) |
Energy statistics have traditionally been focused on energy supply and on fossil energies. In the coming years, greater focus is needed on increased knowledge and monitoring of final energy consumption, renewable energy and nuclear energy. |
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(3) |
The availability of accurate, up-to-date information on energy is essential for assessing the impact of energy consumption on the environment, in particular in relation to the emission of greenhouse gasses. This information is required by Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (2). |
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(4) |
Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (3) and Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market (4) require Member States to report quantitative energy data. In order to monitor progress towards the achievement of the objectives set in those Directives, detailed, up-to-date energy data are required. |
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(5) |
Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (5), Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (6) and Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products (7) require Member States to report quantitative energy consumption data. To monitor progress towards the achievement of the objectives set in those Directives, detailed, up-to-date energy data, as well as a better interface between these energy data and related statistical surveys such as the population and housing censuses and transportation data, are required. |
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(6) |
The Green Papers of the Commission of 22 June 2005 on Energy Efficiency and of 8 March 2006 on a European Strategy for Sustainable, Competitive and Secure Energy discuss EU energy policies for which the availability of EU energy statistics are required, including for the purpose of establishing a European Energy Market Observatory. |
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(7) |
The establishment of a public domain energy forecast model, as called for by the European Parliament in its Resolution of 14 December 2006 on a European Strategy for Sustainable, Competitive and Secure Energy (8) requires detailed, up-to-date energy data. |
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(8) |
In the coming years, greater attention should be paid to the security of supply of the most important fuels and more timely and more accurate data at EU level is needed to anticipate and coordinate EU solutions to possible supply crises. |
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(9) |
The liberalisation of the energy market and its growing complexity make it increasingly difficult to obtain reliable, timely energy data in the absence, in particular, of a legal basis concerning the provision of such data. |
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(10) |
In order for the energy statistics system to assist political decision-making by the European Union and its Member States and promote public debate which includes citizens, it must afford guarantees of comparability, transparency, flexibility and ability to evolve. Thus, in the near future, statistics on nuclear energy should be incorporated and relevant data concerning renewable energy should be developed more. Similarly, with regard to energy efficiency, the availability of detailed statistics on habitat and transport would be extremely useful. |
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(11) |
The production of Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (9). |
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(12) |
Since the objective of this Regulation, namely establishing a common framework for the production, transmission, evaluation and dissemination of comparable energy statistics in the Community cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. |
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(13) |
In the production and dissemination of Community statistics under this Regulation, the national and Community statistical authorities should take account of the principles set out in the European Statistics Code of Practice, which was adopted on 24 February 2005 by the Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (10) and attached to the Recommendation of the Commission on the independence, integrity and accountability of the national and Community statistical authorities. |
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(14) |
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11). |
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(15) |
In particular, power should be conferred on the Commission to modify the list of data sources, the national statistics and the applicable clarifications or definitions as well as the transmission arrangements and to establish and modify the annual nuclear statistics, once incorporated, to modify the renewable energy statistics, once incorporated, and to establish and modify the final energy consumption statistics. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5(a) of Decision 1999/468/EC. |
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(16) |
It is necessary to provide that the Commission may grant exemptions or derogations to Member States from those aspects of the energy data collection that would lead to an excessive burden on respondents. The exemptions or derogations should be granted only upon receipt of a proper justification which indicates the present situation and the excessive burden transparently. The period for which they remain in force should be limited to the shortest time necessary. |
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(17) |
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee, |
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation establishes a common framework for the production, transmission, evaluation and dissemination of comparable energy statistics in the Community.
2. This Regulation shall apply to statistical data concerning energy products and their aggregates in the Community.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
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(a) |
‘Community statistics’ mean Community statistics as defined in the first indent of Article 2 of Regulation (EC) No 322/97; |
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(b) |
‘production of statistics’ means production of statistics as defined in the second indent of Article 2 of Regulation (EC) No 322/97; |
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(c) |
‘Commission (Eurostat)’ means the Community authority as defined in the fourth indent of Article 2 of Regulation (EC) No 322/97; |
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(d) |
‘energy products’ mean combustible fuels, heat, renewable energy, electricity, or any other form of energy; |
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(e) |
‘aggregates’ mean data aggregated at national level on the treatment or use of energy products, namely production, trade, stocks, transformation, consumption, and structural characteristics of the energy system such as installed capacities for electricity generation or production capacities for oil products; |
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(f) |
‘quality of data’ means the following aspects of statistical quality: relevance, accuracy, timeliness and punctuality, accessibility and clarity, comparability, coherence and completeness. |
Article 3
Data sources
1. While applying the principles of maintaining a reduced burden on respondents and of administrative simplification, Member States shall compile data concerning energy products and their aggregates in the Community from the following sources:
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(a) |
specific statistical surveys addressed to the primary and transformed energy producers and traders, distributors and transporters, importers and exporters of energy products; |
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(b) |
other statistical surveys addressed to final energy users in the sectors of manufacturing industry, transport, and other sectors, including households; |
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(c) |
other statistical estimation procedures or other sources, including administrative sources, such as regulators of the electricity and gas markets. |
2. Member States shall lay down the detailed rules concerning the reporting of the data needed for the national statistics as specified in Article 4 by undertakings and other sources.
3. The list of data sources may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).
Article 4
Aggregates, energy products and the transmission frequency of national statistics
1. The national statistics to be reported shall be as set out in the Annexes. They shall be transmitted with the following frequencies:
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(a) |
annual, for the energy statistics in Annex B; |
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(b) |
monthly, for the energy statistics in Annex C; |
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(c) |
short-term monthly, for the energy statistics in Annex D. |
2. Applicable clarifications or definitions of the technical terms used are provided in the individual Annexes and also in Annex A (Clarifications of terminology).
3. The data to be forwarded and the applicable clarifications or definitions may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).
Article 5
Transmission and dissemination
1. Member States shall transmit to the Commission (Eurostat) the national statistics referred to in Article 4.
2. The arrangements for their transmission, including the applicable time limits, derogations and exemptions therefrom, shall be as set out in the Annexes.
3. The arrangements for the transmission of the national statistics may be modified in accordance with the regulatory procedure with scrutiny referred in Article 11(2).
4. At the duly justified request of a Member State, additional exemptions or derogations may be granted by the Commission in accordance with the regulatory procedure referred to in Article 11(3), for those parts of the national statistics for which the collection would lead to an excessive burden on respondents.
5. The Commission (Eurostat) shall disseminate yearly energy statistics by 31 January of the second year following the reported period.
Article 6
Quality assessment and reports
1. Member States shall ensure the quality of the data transmitted.
2. Every reasonable effort shall be undertaken to ensure coherence between energy data declared in accordance with Annex B and data declared in accordance with Commission Decision 2005/166/EC of 10 February 2005 laying down the rules for implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (12).
3. For the purposes of this Regulation, the following quality assessment dimensions shall apply to the data to be transmitted:
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(a) |
‘relevance’ shall refer to the degree to which statistics meet current and potential needs of the users; |
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(b) |
‘accuracy’ shall refer to the closeness of estimates to the unknown true values; |
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(c) |
‘timeliness’ shall refer to the delay between the availability of the information and the event or phenomenon it describes; |
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(d) |
‘punctuality’ shall refer to the delay between the date of the release of the data and the target date when it should have been delivered; |
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(e) |
‘accessibility’ and ‘clarity’ shall refer to the conditions and modalities by which users can obtain, use and interpret data; |
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(f) |
‘comparability’ shall refer to the measurement of the impact of differences in applied statistical concepts and measurement tools and procedures where statistics are compared between geographical areas, sectoral domains or over time; |
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(g) |
‘coherence’ shall refer to the adequacy of the data to be reliably combined in different ways and for various uses. |
4. Every five years, Member States shall provide the Commission (Eurostat) with a report on the quality of the data transmitted as well as on any methodological changes that have been made.
5. Within six months of receipt of a request from the Commission (Eurostat), and in order to allow it to assess the quality of the data transmitted, Member States shall send to the Commission (Eurostat) a report containing any relevant information concerning the implementation of this Regulation.
Article 7
Time reference and frequency
Member States shall compile all data specified in this Regulation from the beginning of the calendar year following the adoption of this Regulation, and shall transmit them from then onwards with the frequencies laid down in Article 4(1).
Article 8
Annual nuclear statistics
The Commission (Eurostat) shall, in cooperation with the nuclear energy sector in the EU, define a set of annual nuclear statistics which shall be reported and disseminated from 2009 onwards, that year being the first reported period, without prejudice to confidentiality, where it is necessary, and avoiding any duplication of data collection, while at the same time keeping production costs low and the reporting burden reasonable.
The set of annual nuclear statistics shall be established and may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).
Article 9
Renewable energy statistics and final energy consumption statistics
1. With a view to improving the quality of renewable energy and final energy consumption statistics, the Commission (Eurostat), in collaboration with the Member States, shall make sure that these statistics are comparable, transparent, detailed and flexible by:
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(a) |
reviewing the methodology used to generate renewable energy statistics in order to make available additional, pertinent, detailed statistics on each renewable energy source, annually and in a cost-effective manner. The Commission (Eurostat) shall present and disseminate the statistics generated from 2010 (reference year) onwards; |
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(b) |
reviewing and determining the methodology used at national and Community level to generate final energy consumption statistics (sources, variables, quality, costs) based on the current situation, existing studies and feasibility pilot studies, as well as cost-benefit analyses yet to be conducted, and evaluating the findings of the pilot studies and cost-benefit analyses with a view to establishing breakdown keys for final energies by sector and main energy uses and gradually integrating the resulting elements into the statistics from 2012 (reference year) onwards. |
2. The set of renewable energy statistics may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).
3. The set of final energy consumption statistics shall be established and may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).
Article 10
Implementing measures
1. The following measures necessary for implementation of this Regulation, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2):
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(a) |
modifications to the list of data sources (Article 3(3)); |
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(b) |
modifications to the national statistics and to the applicable clarifications or definitions (Article 4(3)); |
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(c) |
modifications to the transmission arrangements (Article 5(3)); |
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(d) |
establishment of and modifications to the annual nuclear statistics (Article 8(2)); |
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(e) |
modifications to the renewable energy statistics (Article 9(2)); |
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(f) |
establishment of and modifications to the final energy consumption statistics (Article 9(3)). |
2. Additional exemptions or derogations (Article 5(4)) shall be granted in accordance with the regulatory procedure referred to in Article 11(3).
3. Consideration is to be given to the principle that additional costs and the reporting burden remain within reasonable limits.
Article 11
Committee
1. The Commission shall be assisted by the Statistical Programme Committee.
2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
Article 12
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
J.-P. JOUYET
(1) Opinion of the European Parliament of 12 March 2008 (not yet published in the Official Journal) and Council Decision of 15 September 2008.
(3) OJ L 283, 27.10.2001, p. 33.
(4) OJ L 52, 21.2.2004, p. 50.
(6) OJ L 114, 27.4.2006, p. 64.
(7) OJ L 191, 22.7.2005, p. 29.
(8) OJ C 317 E, 23.12.2006, p. 876.
(10) OJ L 181, 28.6.1989, p. 47.
ANNEX A
CLARIFICATIONS OF TERMINOLOGY
This Annex supplies explanations or definitions of terms that are used in the other Annexes.
1. GEOGRAPHICAL NOTES
For statistical reporting purposes only, the following geographical definitions apply:
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Australia excludes the overseas territories, |
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Denmark excludes the Faeroe Islands and Greenland, |
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— |
France includes Monaco and excludes the French overseas territories Guadeloupe, Martinique, French Guiana, Réunion, Saint Pierre and Miquelon, New Caledonia, French Polynesia, Wallis and Futuna, Mayotte, |
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— |
Italy includes San Marino and the Vatican, |
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— |
Japan includes Okinawa, |
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The Netherlands excludes Suriname and the Netherlands Antilles, |
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Portugal includes the Azores and Madeira, |
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Spain includes the Canary Islands, the Balearic Islands, and Ceuta and Melilla, |
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— |
Switzerland does not include Liechtenstein, |
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— |
United States includes the 50 States, the District of Columbia, the US Virgin Islands, Puerto Rico and Guam. |
2. AGGREGATES
Producers are classified according to the purpose of production:
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Main activity producer: enterprises, both privately or publicly owned, which generate electricity and/or heat for sale to third parties, as their principal activity. |
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— |
Autoproducers: enterprises, both privately or publicly owned, which generate electricity and/or heat wholly or partly for their own use as an activity which supports their primary activity. |
Note: the Commission may further clarify terminology by adding relevant NACE references in accordance with the regulatory procedure with scrutiny referred to in Article 11(2) after a revision of the NACE classification has entered into force.
2.1. Supply and transformation sectors
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Production/indigenous production Quantities of fuels extracted or produced, calculated after any operation for removal of inert matter. Production includes the quantities consumed by the producer in the production process (e.g. for heating or operation of equipment and auxiliaries) as well as supplies to other producers of energy for transformation or other uses. Indigenous means: production from resources within the concerned state. |
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Imports/exports For geographical definitions see ‘Geographical notes’ section. Unless specified differently, ‘imports’ refer to ultimate origin (the country in which the energy product was produced) for use in the country and ‘exports’ to the ultimate country of consumption of the produced energy product. Amounts are considered as imported or exported when they have crossed the political boundaries of the country, whether customs clearance has taken place or not. Where no origin or destination can be reported ‘other’ may be used. Statistical differences may arise if only total import and export are available on the above basis, while the geographical breakdown is based on a different survey, source or concept. In this case, differences shall be included under ‘other’. |
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International marine bunkers Quantities of fuels delivered to ships of all flags that are engaged in international navigation. The international navigation may take place at sea, on inland lakes and waterways, and in coastal waters. Excluded is:
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Stock changes The difference between the opening stock level and closing stock level for stocks held on national territory. |
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Gross consumption (calculated) Calculated value, defined as: indigenous production + from other sources + imports - exports - international marine bunkers + stock changes |
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Gross consumption (observed) The quantity actually recorded in surveys of end-use sectors. |
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Statistical differences Calculated value, defined as: calculated gross consumption — observed gross consumption. Includes changes in stocks at final consumers when this cannot be specified as part of the ‘stock changes’. Reasons for any major differences should be stated. |
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Main activity producer electricity plants Fuel quantities used to produce electricity. Fuels used by plants containing at least one CHP unit are to be reported under Main activity producer CHP plants. |
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Main activity producer combined heat and power (CHP) plants Quantities of fuels used to produce electricity and heat. |
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Main activity producer heat plants Quantities of fuels used to produce heat. |
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Autoproducer electricity plants Quantities of fuels used to produce electricity. Fuels used by plants containing at least one CHP unit are to be reported under Autoproducer CHP plants. |
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Autoproducer combined heat and power (CHP) plants Quantities of fuels that correspond to the quantity of electricity produced and heat sold. |
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Autoproducer heat plants Quantities of fuels that correspond to the quantity of heat sold. |
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Patent fuel plants Quantities used to produce fuels. Quantities used for heating and operation of equipment should not be declared here, but declared as consumption in the energy sector. |
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Coke ovens Quantities used in coke ovens. Quantities used for heating and operation of equipment should not be declared here, but declared as consumption in the energy sector. |
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BKB/PB plants Quantities of lignite or brown coal used to produce brown coal briquettes (BKB) or of peat to produce peat briquettes (PB). Quantities used for heating and operation of equipment should not be declared here, but declared as consumption in the energy sector. |
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Gasworks Quantities used to produce gas in gasworks and coal gasification plants. Quantities used as a fuel for heating and operation of equipment should not be included here, but declared as consumption in the energy sector. |
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Blast furnace Quantities of coking coal and/or bituminous coal (generally referred to as PCI) and coke oven coke transformed in blast furnaces. Quantities used as a fuel for heating and operation of blast furnaces (e.g. blast furnaces gas) should not be included here, but declared as consumption in the energy sector. |
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Coal liquefaction Quantities of fuel used to produce synthetic oil. |
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Petroleum refineries Quantities used to produce petroleum products. Quantities used as a fuel for heating and operation of equipment should not be declared here, but declared as consumption in the energy sector. |
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Not elsewhere specified — transformation Quantities used for transformation activities not included elsewhere. If used, what is included under this heading should be explained in the report. |
2.2. Energy sector and final consumption
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Total energy sector Quantities consumed by the energy industry to support the extraction (mining, oil and gas production) or plant operations of transformation activities. Excludes quantities of fuels transformed into another energy form (which should be reported under the transformation sector) or used in support of the operation of oil, gas and coal slurry pipelines (which should be reported in the transport sector). Includes the manufacture of chemical materials for atomic fission and fusion and the products of these processes. |
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Electricity, CHP and heat plants Quantities consumed as energy at electricity plants, combined heat and power plants (CHP) and heat plants. |
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Coal mines Quantities consumed as energy to support the extraction and preparation of coal within the coal mining industry. Coal burned in pithead power stations should be reported in the transformation sector. |
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Patent fuel plants Quantities consumed as energy at patent fuel plants. |
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Coke ovens Quantities consumed as energy at coking plants. |
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BKB/PB plants Quantities used as energy in BKP/PB plants. |
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Gasworks/gasification works Quantities consumed as energy at gasworks and coal gasification plants. |
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Blast furnaces Quantities consumed as energy at blast furnaces. |
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Coal liquefaction Quantities consumed as energy at coal liquefaction plants. |
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Petroleum refineries Quantities consumed as energy at petroleum refineries. |
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Oil and gas extraction Quantities consumed as fuel in the oil and gas extraction process and in natural gas processing plants. Excludes pipeline losses (to be reported as distribution losses) and energy quantities used to operate pipelines (to be reported in the transport sector). |
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Total final consumption Defined (calculated) as: = total non-energy use + final energy consumption (industry + transport + other sectors) It excludes deliveries for transformation, use by the energy producing industries, and distribution losses. |
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Non-energy use Energy products used as raw materials in the different sectors; that is, not consumed as a fuel or transformed into another fuel. |
2.3. Energy end-use specification
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Final energy consumption Total energy consumption in industry, transport and other sectors. |
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Industry sector This refers to fuel quantities consumed by the industrial undertaking in support of its primary activities. For heat-only or CHP plants, only quantities of fuels consumed for the production of heat used by the plant itself are applicable. Quantities of fuels consumed for the production of heat that is sold, and for the production of electricity, should be reported under the appropriate transformation sector. |
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Iron and steel |
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Chemical (including petrochemical) Chemical and petrochemical industries. |
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Non-ferrous metals Non-ferrous metals industries. |
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Non-metallic minerals Glass, ceramic, cement and other building materials industries. |
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Transport equipment Industries related to the equipment used for transport. |
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Machinery Fabricated metal products, machinery and equipment other than transport equipment. |
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Mining and quarrying Excludes energy producing industries. |
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Food, beverages and tobacco |
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Pulp, paper and printing Includes production of recorded media. |
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Wood and wood products (other than pulp and paper) |
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Construction |
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Textile and leather |
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Not elsewhere specified — industry Consumption in sectors which is not covered above. |
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Transport sector Energy used in all transport activities irrespective of the economic sector in which the activity occurs. |
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Transport sector — rail All consumption for use in rail traffic, including industrial railways. |
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Transport sector — domestic navigation Quantities delivered to vessels of all flags not engaged in international navigation (see International marine bunkers). The domestic/international split should be determined on the basis of port of departure and port of arrival and not by the flag or nationality of the ship. |
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Transport sector — road Quantities used in road vehicles. Includes fuel used by agricultural vehicles on highways and lubricants for use in road vehicles. Excludes energy used in stationary engines (see other sectors), for non-highway use in tractors (see agriculture), military use in road vehicles (see other sectors — not elsewhere specified), bitumen used in road surfacing and energy used in engines at construction sites (see industry subsector construction). |
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Transport sector — pipeline transport Quantities used as energy in the support and operation of pipelines transporting gases, liquids, slurries and other commodities. Includes energy used for pump stations and maintenance of the pipeline. Excludes energy used for the pipeline distribution of natural or manufactured gas, hot water or steam from the distributor to final users (to be reported in the energy sector), energy used for the final distribution of water to household, industrial, commercial and other users (to be included in commercial and public services) and losses occurring during this transport between distributor and final users (to be reported as distribution losses). |
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Transport sector — international aviation Quantities of aviation fuels delivered to aircraft for international aviation. The domestic/international split should be determined on the basis of departure and landing locations and not by the nationality of the airline. Excludes fuels used by airlines for their road vehicles (to be reported in the transport sector — not elsewhere specified) and military use of aviation fuels (to be reported in the other sectors — not elsewhere specified). |
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Transport sector — domestic aviation Quantities of aviation fuels delivered to aircraft for domestic aviation — commercial, private, agricultural, etc. Includes fuel used for purposes other than flying, e.g. bench testing of engines. The domestic/international split should be determined on the basis of departure and landing locations and not by the nationality of the airline. Excludes fuels used by airlines for their road vehicles (to be reported in the transport sector — not elsewhere specified) and military use of aviation fuels (to be reported in the other sector — not elsewhere specified). |
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Transport sector — not elsewhere specified Quantities used for transport activities not included elsewhere. Includes fuels used by airlines for their road vehicles and fuels used in ports for ships' unloaders, various types of cranes. To be declared is what is included under this heading. |
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Other sectors Sectors not specifically mentioned or not belonging to energy, industry or transport. |
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Other sectors — commercial and public services Fuels consumed by business and offices in the public and private sectors. |
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Other sectors — residential To be declared are fuels consumed by all households, including ‘households with employed persons’. |
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Other sectors — agriculture/forestry Fuels consumed by users classified as agriculture, hunting and forestry. |
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Other sectors — fishing Fuels delivered for inland, coastal and deep-sea fishing. Fishing should cover fuels delivered to ships of all flags that have refuelled in the country (include international fishing) and energy used in the fishing industry. |
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Other sectors — not elsewhere specified These are activities not included elsewhere. This category includes military fuel use for all mobile and stationary consumption (e.g. ships, aircraft, road and energy used in living quarters), regardless of whether the fuel delivered is for the military of that country or for the military of another country. If used, what is included under this heading should be explained in the report. |
3. OTHER TERMS
The meaning of the following abbreviations applies:
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TML: tetramethyl lead, |
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TEL: tetraethyl lead, |
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SBP: special boiling point, |
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LPG: liquified petroleum gas, |
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NGL: natural gas liquids, |
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LNG: liquefied natural gas, |
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CNG: compressed natural gas. |
ANNEX B
ANNUAL ENERGY STATISTICS
This Annex describes the scope, units, reported period, frequency, deadline and transmission modalities for the annual collection of energy statistics.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this Annex.
1. SOLID FOSSIL FUELS AND MANUFACTURED GASES
1.1. Applicable energy products
Unless otherwise specified this data collection applies to all of the following energy products:
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Energy product |
Definition |
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High rank coal used for industrial and residential applications. It has generally less than 10 % volatile matter and a high carbon content (about 90 % fixed carbon). Its gross calorific value is greater than 23 865 kJ/kg (5 700 kcal/kg) on an ash-free but moist basis. |
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Bituminous coal with a quality that allows the production of a coke suitable to support a blast furnace charge. Its gross calorific value is greater than 23 865 kJ/kg (5 700 kcal/kg) on an ash-free but moist basis. |
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Coal used for steam raising purposes and includes all bituminous coal that is neither included under coking coal nor anthracite. It is characterised by higher volatile matter than anthracite (more than 10 %) and lower carbon content (less than 90 % fixed carbon). Its gross calorific value is greater than 23 865 kJ/kg (5 700 kcal/kg) on an ash-free but moist basis. If bituminous coal is used in coke ovens it should be reported as coking coal. |
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Refers to non-agglomerating coal with a gross calorific value between 17 435 kJ/kg (4 165 kcal/kg) and 23 865 kJ/kg (5 700 kcal/kg) containing more than 31 % volatile matter on a dry mineral matter free basis. |
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Non-agglomerating coal with a gross calorific value less than 17 435 kJ/kg (4 165 kcal/kg) and greater than 31 % volatile matter on a dry mineral matter free basis. Oil shale and tar sands produced and combusted directly should be reported in this category. Oil shale and tar sands used as inputs for other transformation processes should also be reported in this category. This includes the portion of the oil shale or tar sands consumed in the transformation process. Shale oil and other products derived from liquefaction should be reported on the Annual Oil Questionnaire. |
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A combustible soft, porous or compressed, sedimentary deposit of plant origin with high water content (up to 90 % in the raw state), easily cut, of light to dark brown colour. Peat used for non-energy purposes is not included. This definition is without prejudice to the definition of renewable energy sources in Directive 2001/77/EC and to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories. |
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A composition fuel manufactured from hard coal fines with the addition of a binding agent. The amount of patent fuel produced may, therefore, be slightly higher than the actual amount of coal consumed in the transformation process. |
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The solid product obtained from carbonisation of coal, principally coking coal, at high temperature, it is low in moisture and volatile matter. Coke oven coke is used mainly in the iron and steel industry acting as energy source and chemical agent. Coke breeze and foundry coke are included in this category. Semi-coke (a solid product obtained from carbonisation of coal at low temperature) should be included in this category. Semi-coke is used as a domestic fuel or by the transformation plant itself. This heading also includes coke, coke breeze and semi-coke made from lignite/brown coal. |
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By-product of hard coal used for production of town gas in gasworks. Gas coke is used for heating purposes. |
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A result of the destructive distillation of bituminous coal. Coal tar is the liquid by-product of the distillation of coal to make coke in the coke oven process or it is produced from brown coal (low-temperature tar). Coal tar can be further distilled into different organic products (e.g. benzene, toluene, naphthalene), which normally would be reported as a feedstock to the petrochemical industry. |
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BKB is a composition fuel manufactured from lignite/brown coal, produced by briquetting under high pressure without the addition of a binding agent. These figures include peat briquettes, dried lignite fines and dust. |
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Covers all types of gases produced in public utility or private plants, whose main purpose is manufacture, transport and distribution of gas. It includes gas produced by carbonisation (including gas produced by coke ovens and transferred to gasworks gas), by total gasification with or without enrichment with oil products (LPG, residual fuel oil, etc.), and by reforming and simple mixing of gases and/or air, reported under the rows ‘from other sources’. Under the transformation sector identify amounts of gasworks gas transferred to blended natural gas which will be distributed and consumed through the natural gas grid. The production of other coal gases (i.e. coke oven gas, blast furnace gas and oxygen steel furnace gas) should be reported in the columns concerning such gases, and not as production of gasworks gas. The coal gases transferred to gasworks plants should then be reported (in their own column) in the transformation sector in the gasworks plants row. The total amount of gasworks gas resulting from transfers of other coal gases should appear in the production line for gasworks gas. |
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Obtained as a by-product of the manufacture of coke oven coke for the production of iron and steel. |
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Produced during the combustion of coke in blast furnaces in the iron and steel industry. It is recovered and used as a fuel partly within the plant and partly in other steel industry processes or in power stations equipped to burn it. The quantity of fuel should be reported on a gross calorific value basis. |
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By-product of the production of steel in an oxygen furnace, recovered on leaving the furnace. The gas is also known as converter gas, LD gas or BOS gas. |
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The term ‘hard coal’ refers to coal of gross calorific value greater than 23 865 kJ/kg (5 700 kcal/kg) on an ashfree but moist basis and with a mean random reflectance of vitrinite of at least 0,6 . Hard coal comprises all energy products from 1 to 3 together (anthracite, coking coal and other bituminous coal). |
1.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this Annex.
1.2.1. Supply and transformation sectors
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1.2.2. Energy sector
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1.2.3. Energy end-use specification
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1.2.4. Imports and exports
Imports by country of origin, and exports by country of destination.
Not applicable to peat, gas coke, gasworks gas, coke oven gas, blast furnace gas nor oxygen steel furnace gas.
1.2.5. Inputs to autoproducers of electricity and heat generation
Inputs to autoproducers of electricity and heat generation are to be declared separately for electricity-only plants, for CHP plants, and for heat-only plants.
These inputs to autoproducers are separated for the main activities listed in the following table:
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1.3. Calorific values
Both gross and net calorific values are to be declared for the energy products mentioned in paragraph 1.1 for the following main aggregates.
Not applicable for gasworks gas, coke oven gas, blast furnace gas and oxygen steel furnace gas:
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1.4. Production and stocks in coal mines
Only applicable for hard coal and for lignite/brown coal.
The following quantities must be declared:
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1.5. Units of measurement
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103 tonnes Exception: for gases (gasworks gas, coke oven gas, blast furnace gas, oxygen steel furnace gas) the measurement is directly in energy content and the unit to be used is therefore TJ (based on gross calorific values). |
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MJ/tonne |
1.6. Derogations and exemptions
Not applicable.
2. NATURAL GAS
2.1. Applicable energy products
This data collection applies to natural gas, which comprises gases occurring in underground deposits, whether liquefied or gaseous, consisting mainly of methane.
It includes both ‘non-associated’ gas originating from fields producing hydrocarbons only in gaseous form, and ‘associated’ gas produced in association with crude oil as well as methane recovered from coal mines (colliery gas) or from coal seams (coal seam gas).
It does not include gases created by anaerobic digestion of biomass (e.g. municipal or sewage gas) nor gasworks gas.
2.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
2.2.1. Supply and transformation sectors
To be declared are quantities expressed in both volume and energy units, and including the gross and net calorific values, for the following aggregates:
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2.2.2. Energy sector
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2.2.3. Energy end-use specification
Consumption of natural gas needs to be reported for both energy use and (wherever applicable) non-energy use separately, for all of the following aggregates:
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2.2.4. Imports and exports
To be declared are both the quantities of the total natural gas and of the LNG part of it, per country of origin for imports and per country of destination for exports.
2.2.5. Inputs to autoproducers of electricity and heat generation
Inputs to autoproducers of electricity and heat generation are to be declared separately for autoproducer electricity plants, autoproducer CHP plants and autoproducer heat plants.
Inputs apply to the following plants or activities:
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2.2.6. Gas storage capacities
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2.3. Units of measurement
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Unless indicated differently, quantities of natural gas are declared by its energy content, i.e. in TJ, based on the gross calorific value. Where physical quantities are required, the unit is in 106 m3 assuming reference gas conditions (15 oC, 101,325 kPa). |
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KJ/m3, assuming reference gas conditions (15 oC, 101,325 kPa). |
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106 m3, assuming reference gas conditions (15 oC, 101,325 kPa). |
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106 m3/day, assuming reference gas conditions (15 oC, 101,325 kPa). |
2.4. Derogations and exemptions
Not applicable.
3. ELECTRICITY AND HEAT
3.1. Applicable energy products
This chapter covers heat and electricity.
3.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this chapter. The definitions and units mentioned in Chapters 1, 2, 4 and 5 apply to energy products belonging to solid fuels and manufactured gases, natural gas, oil and petroleum products, and renewable energy and energy from waste.
3.2.1. Supply and transformation sectors
The following specific definitions apply to aggregates for electricity and heat in this chapter:
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Gross electricity production: the sum of the electrical energy production by all the generating sets concerned (including pumped storage) measured at the output terminals of the main generators. |
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Gross heat production: the total heat produced by the installation and includes the heat used by the installation's auxiliaries which use a hot fluid (space heating, liquid fuel heating etc.) and losses in the installation/network heat exchanges, as well as heat from chemical processes used as a primary energy form. |
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Net electricity production: the gross electricity production less the electrical energy absorbed by the generating auxiliaries and the losses in the main generator transformers. |
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Net heat production: the heat supplied to the distribution system as determined from measurements of the outgoing and return flows. |
The aggregates mentioned in the next table must be declared separately for main activity producer plants and for autoproducer plants. Within these two types of plants, both gross and net electricity and heat production must be declared for electricity only, for CHP and for heat-only plants separately wherever applicable, for the following aggregates:
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The aggregates mentioned in the next table must be declared as totals, for electricity and heat separately, wherever applicable. For the three first aggregates in the next table, quantities should be calculated from and be compatible with the values declared according to the previous table.
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The electricity produced, the heat sold and the fuel quantities used, including their corresponding total energy (based on their net calorific value except for natural gas which is based on gross calorific value) from the combustibles listed in the next table must be declared separately for main activity producer plants and for autoproducer plants. Within these two types of plants, this electricity and heat production must be declared for electricity (only) plants, for CHP and for heat (only) plants separately wherever applicable:
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3.2.2. Electricity and heat consumption in the energy sector
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3.2.3. Energy end-use specification
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3.2.4. Imports and exports
Imports and exports of energy quantities of electricity and heat by country.
3.2.5. Net production of electricity generation and net heat production from autoproducers
Net production of electricity and net generation of heat from autoproducers of electricity generation and heat production are to be declared, for CHP plants, for electricity (only) plants and for heat (only) plants separately, in the following plants or activities:
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3.2.6. Inputs to autoproducers of electricity and heat generation
Inputs to autoproducers of electricity and heat generation are to be declared separately for autoproducer electricity plants, autoproducer CHP plants and autoproducer heat plants.
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1. |
For solid fuels and manufactured gases used by autoproducers, quantities must be reported from the following energy products: anthracite, coking coal, other bituminous coal, sub-bituminous coal, lignite/brown coal, peat, patent fuel, coke oven coke, gas coke, coal tar, BKB/PB, gasworks gas, coke oven gas, blast furnace gas and oxygen steel furnace gas. Their input quantities must be reported for the plants in the following activities:
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2. |
For oil products used by autoproducers, quantities must be reported from the following energy products: crude oil, NGL, refinery gas, LPG, naphtha, kerosene type jet fuel, other kerosene, gas/diesel (distillate fuel oil), heavy fuel oil, bitumen (including orimulsion), petroleum coke and other oil products. Their input quantities must be reported for the plants in the following activities:
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For natural gas used by autoproducers, quantities must be reported for the plants in the following activities:
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4. |
For renewable energy and energy from waste used by autoproducers, quantities must be reported from the following energy products: geothermal energy, solar thermal, industrial waste (non-renewable), municipal waste (renewable), municipal waste (non-renewable), wood/wood waste/other solid waste, landfill gas, sewage sludge gas, other biogas and liquid biofuels. Their input quantities must be reported for the plants in the following activities:
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3.3. Structural data on electricity and heat generation
3.3.1. Net maximum electrical capacity and peak load
The capacity should be reported at 31 December of the relevant reported year.
Includes electrical capacity of both electricity (only) and CHP plants.
The net maximum electrical capacity is the sum of the net maximum capacities of all stations taken individually throughout a given period of operation. The period of operation assumed for present purposes is continuous running: in practice 15 hours or more per day. The net maximum capacity is the maximum power assumed to be solely active power that can be supplied, continuously, with all plant running, at the point of outlet to the network. The peak load is defined as the highest value of the power absorbed or supplied by a network or combination of networks within the country.
The following quantities must be declared only for the network:
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3.3.2. Net maximum electrical capacity of combustible fuels
Net maximum electrical capacity of combustible fuels must be declared for both main activity producers and autoproducers, and separately for each type of single-fired or multi-fired plant mentioned in the next table. Indications on which type of fuel is used as primary and alternate fuels must be added for all cases of multi-fired plants.
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Multi-fired systems include only units which can burn more than one fuel type on a continuous basis. Stations which have separate units using different fuels should be divided into the appropriate single-fuel categories.
3.4. Units of measurement
|
Electricity: GWh Heat: TJ Solid fuels and manufactured gases: the units of measurement in Chapter 1 of this Annex apply. Natural gas: the units of measurement in Chapter 2 of this Annex apply. Oil and petroleum products: the units of measurement in Chapter 4 of this Annex apply. Renewables and waste: the units of measurement in Chapter 5 of this Annex apply. |
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Electrical generation capacity: MWe Heat generation capacity: MWt |
3.5. Derogations and exemptions
France has a derogation for reporting the aggregates relating to heat. That derogation shall lapse as soon as France is able to forward this report and, at all events, no more than four years after the date of entry into force of this Regulation.
4. OIL AND PETROLEUM PRODUCTS
4.1. Applicable energy products
Unless otherwise specified this data collection applies to all of the following energy products:
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Energy product |
Definition |
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Crude oil is a mineral oil of natural origin comprising a mixture of hydrocarbons and associated impurities, such as sulphur. It exists in the liquid phase under normal surface temperature and pressure and its physical characteristics (density, viscosity, etc.) are highly variable. This category includes field or lease condensate recovered from associated and non-associated gas where it is commingled with the commercial crude oil stream. |
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NGL are liquid or liquefied hydrocarbons recovered from natural gas in separation facilities or gas processing plants. Natural gas liquids include ethane, propane, butane (normal and iso-), (iso) pentane and pentanes plus (sometimes referred to as natural gasoline or plant condensate). |
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A refinery feedstock is a processed oil destined for further processing (e.g. straight run fuel oil or vacuum gas oil) excluding blending. With further processing, it will be transformed into one or more components and/or finished products. This definition also covers returns from the petrochemical industry to the refining industry (e.g. pyrolysis gasoline, C4 fractions, gasoil and fuel oil fractions). |
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Additives are non-hydrocarbon compounds added to or blended with a product to modify fuel properties (octane, cetane, cold properties, etc.):
Note: quantities of additives/oxygenates (alcohols, ethers, esters and other chemical compounds) reported in this category should relate to the quantities destined for blending with fuels or for fuel use. |
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|
Biogasoline and bio-diesels. The definitions of Chapter 5, Renewable energy and energy from waste, apply. Quantities of liquid biofuels reported in this category relate to the biofuel and not to the total volume of liquids into which the biofuels are blended. Excludes all trade of biofuels which have not been blended with transport fuels (i.e. in their pure form); these should be reported as per Chapter 5. The biofuels traded as part of transport fuels should be reported in the appropriate product indicating the biofuel portion. |
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Synthetic crude oil from tar sands, shale oil, etc., liquids from coal liquefaction (see Chapter 1), output of liquids from natural gas conversion into gasoline (see Chapter 2), hydrogen and emulsified oils (e.g. orimulsion). Excludes oil shale production, for which Chapter 1 applies. The production of shale oil (secondary product) is to be reported as ‘from other sources’ in the ‘other hydrocarbons category’. |
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Refinery gas includes a mixture of non-condensible gases mainly consisting of hydrogen, methane, ethane and olefins obtained during distillation of crude oil or treatment of oil products (e.g. cracking) in refineries. This also includes gases which are returned from the petrochemical industry. |
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A naturally gaseous straight-chain hydrocarbon (C2H6) extracted from natural gas and refinery gas streams. |
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LPG are light paraffinic hydrocarbons derived from the refinery processes, crude oil stabilisation and natural gas processing plants. They consist mainly of propane (C3H8) and butane (C4Hl0) or a combination of the two. They could also include propylene, butylene, isopropylene and isobutylene. LPG are normally liquefied under pressure for transportation and storage. |
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Naphtha is a feedstock destined for either the petrochemical industry (e.g. ethylene manufacture or aromatics production) or for gasoline production by reforming or isomerisation within the refinery. Naphtha comprises material in the 30 oC and 210 oC distillation range or part of this range. |
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Motor gasoline consists of a mixture of light hydrocarbons distilling between 35 oC and 215 oC. It is used as a fuel for land based spark ignition engines. Motor gasoline may include additives, oxygenates and octane enhancers, including lead compounds such as TEL and TML. Includes motor gasoline blending components (excluding additives/oxygenates), e.g. alkylates, isomerate, reformate, cracked gasoline destined for use as finished motor gasoline. |
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The definitions of Chapter 5, Renewable energy and energy from waste, apply. |
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Motor spirit prepared especially for aviation piston engines, with an octane number suited to the engine, a freezing point of - 60 oC and a distillation range usually within the limits of 30 oC and 180 oC. |
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This includes all light hydrocarbon oils for use in aviation turbine power units, distilling between 100 oC and 250 oC. They are obtained by blending kerosenes and gasoline or naphthas in such a way that the aromatic content does not exceed 25 % in volume, and the vapour pressure is between 13,7 kPa and 20,6 kPa. |
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Distillate used for aviation turbine power units. It has the same distillation characteristics between 150 oC and 300 oC (generally not above 250 oC) and flash point as kerosene. In addition, it has particular specifications (such as freezing point) which are established by the International Air Transport Association (IATA). Includes kerosene blending components. |
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|
Refined petroleum distillate used in sectors other than aircraft transport. It distils between 150 oC and 300 oC. |
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|
Gas/diesel oil is primarily a medium distillate distilling between 180 oC and 380 oC. Includes blending components. Several grades are available depending on uses. |
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|
On-road diesel oil for diesel compression ignition (cars, trucks, etc.), usually of low sulphur content. |
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The definitions of Chapter 5, Renewable energy and energy from waste, apply. |
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Light heating oil for industrial and commercial uses, marine diesel and diesel used in rail traffic, other gas oil, including heavy gas oils which distil between 380 oC and 540 oC and which are used as petrochemical feedstocks. |
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All residual (heavy) fuel oils (including those obtained by blending). Kinematic viscosity is above 10 cSt at 80 oC. The flash point is always above 50 oC and density is always more than 0,90 kg/l. |
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|
Heavy fuel oil with sulphur content lower than 1 %. |
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|
Heavy fuel oil with sulphur content of 1 % or higher. |
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Refined distillate intermediates with a distillation in the naphtha/kerosene range. They are subdivided as:
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|
Hydrocarbons produced from distillate by-product; they are mainly used to reduce friction between bearing surfaces. Includes all finished grades of lubricating oil, from spindle oil to cylinder oil, and those used in greases, motor oils and all grades of lubricating oil base stocks. |
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Solid, semi-solid or viscous hydrocarbon with a colloidal structure, being brown to black in colour, obtained as a residue in the distillation of crude oil, by vacuum distillation of oil residues from atmospheric distillation. Bitumen is often referred to as asphalt and is primarily used for construction of roads and for roofing material. Includes fluidised and cut back bitumen. |
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These are saturated aliphatic hydrocarbons. These waxes are residues extracted when dewaxing lubricant oils. They have a crystalline structure which is more-or-less fine according to the grade. Their main characteristics are as follows: they are colourless, odourless and translucent, with a melting point above 45 oC. |
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Black solid by-product, obtained mainly by cracking and carbonising petroleum derived feedstock, vacuum bottoms, tar and pitches in processes such as delayed coking or fluid coking. It consists mainly of carbon (90 to 95 %) and has a low ash content. It is used as a feedstock in coke ovens for the steel industry, for heating purposes, for electrode manufacture and for production of chemicals. The two most important qualities are ‘green coke’ and ‘calcinated coke’. Includes ‘catalyst coke’ deposited on the catalyst during refining processes; this coke is not recoverable and is usually burned as refinery fuel. |
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|
All products not specifically mentioned above, for example: tar and sulphur. Includes aromatics (e.g. BTX or benzene, toluene and xylene) and olefins (e.g. propylene) produced within refineries. |
4.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
4.2.1. Supply and transformation sectors
The following table applies to crude oil, NGL, refinery feedstocks, additives, biofuels and other hydrocarbons only:
|
||
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||
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||
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||
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||
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The following table applies only to finished products (refinery gas, ethane, LPG, naphtha, motor gasoline, aviation gasoline, gasoline type jet fuel, kerosene type jet fuel, other kerosene, gas/diesel oil, low and high sulphur fuel oil, white spirit and SBP, lubricants, bitumen, paraffin waxes, petroleum coke and other products). Crude oil and NGL used for direct burn should be included in deliveries of finished products and interproduct transfers:
|
||
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||
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||
|
For the transformation sector the following aggregates apply for all fuels, except for refinery feedstocks, additives/oxygenates, biofuels and other hydrocarbons, but including fuels used for non-energy purposes (petroleum cokes and others, to be declared separately):
|
||
|
||
|
||
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||
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||
|
4.2.2. Energy sector
For the energy sector the following aggregates apply for all fuels, except for refinery feedstocks, additives/oxygenates, biofuels and other hydrocarbons, but including fuels used for non-energy purposes (petroleum cokes and others, to be declared separately):
|
||
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||
|
||
|
||
|
||
|
||
|
||
|
||
|
4.2.3. Energy end-use specification
For the energy end-use specification the following aggregates apply for all fuels, except for refinery feedstocks, additives/oxygenates, biofuels and other hydrocarbons, but including fuels used for non-energy purposes (petroleum cokes and others, to be declared separately):
|
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4.2.4. Imports and exports
Imports by country of origin, and exports by country of destination. See also notes under point 4.2.1, aggregate 5.
4.2.5. Inputs to autoproducers of electricity and heat generation
Inputs to autoproducers of electricity and heat generation are to be declared separately for electricity-only plants, for CHP plants, and for heat-only plants.
Excludes the following energy products: refinery feedstocks, additives/oxygenates, biofuels, other hydrocarbons, ethane, motor gasoline, biogasoline, aviation gasoline, gasoline type jet fuel (naphtha type jet fuel or JP4), white spirit and SBP, and lubricants.
Inputs apply to the following plants or activities:
|
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4.3. Units of measurement
|
103 tonnes |
||
|
MJ/tonne |
4.4. Derogations and exemptions
Cyprus is exempted from reporting the aggregates defined in Section 4.2.3 under point 4 (Other sectors) and point 5 (Total non-energy use); only the total values shall be applicable.
Cyprus has a derogation of 3 years following the date of entry into force of this Regulation, for reporting the aggregates defined in Section 4.2.3 under point 2 (Industry sector) and point 3 (Transport sector); only the total values shall be applicable during this derogation period.
5. RENEWABLE ENERGY AND ENERGY FROM WASTE
5.1. Applicable energy products
Unless otherwise specified this data collection applies to all of the following energy products:
|
Energy product |
Definition |
||||||
|
Potential and kinetic energy of water converted into electricity in hydroelectric plants. Pumped storage must be included. Production must be reported for plant sizes of < 1 MW, 1 to < 10 MW, ≥ 10 MW and from pumped storage. |
||||||
|
Energy available as heat emitted from within the earth's crust, usually in the form of hot water or steam. This energy production is the difference between the enthalpy of the fluid produced in the production borehole and that of the fluid eventually disposed of. It is exploited at suitable sites:
|
||||||
|
Solar radiation exploited for hot water production and electricity generation. This energy production is the heat available to the heat transfer medium, i.e. the incident solar energy less the optical and collectors' losses. Passive solar energy for the direct heating, cooling and lighting of dwellings or other buildings is not included. |
||||||
|
Sunlight converted into electricity by the use of solar cells usually made of semi-conducting material which exposed to light will generate electricity. |
||||||
|
Heat from solar radiation; can consist of:
|
||||||
|
Mechanical energy derived from tidal movement, wave motion or ocean current and exploited for electricity generation. |
||||||
|
Kinetic energy of wind exploited for electricity generation in wind turbines. |
||||||
|
Report wastes of industrial non-renewable origin (solids or liquids) combusted directly for the production of electricity and/or heat. The quantity of fuel used should be reported on a net calorific value basis. Renewable industrial waste should be reported in the solid biomass, biogas and/or liquid biofuels categories. |
||||||
|
Wastes produced by households, hospitals and the tertiary sector incinerated at specific installations, on a net calorific value basis. |
||||||
|
The portion of municipal waste which is of biological origin. |
||||||
|
The portion of municipal waste which is of non-biological origin. |
||||||
|
Covers organic, non-fossil material of biological origin which may be used as fuel for heat production or electricity generation. It comprises: |
||||||
|
The solid residue of the destructive distillation and pyrolysis of wood and other vegetal material. |
||||||
|
Purpose-grown energy crops (poplar, willow etc.), a multitude of woody materials generated by an industrial process (wood/paper industry in particular) or provided directly by forestry and agriculture (firewood, wood chips, wood pellets, bark, sawdust, shavings, chips, black liquor etc.) as well as wastes such as straw, rice husks, nut shells, poultry litter, crushed grape dregs etc. Combustion is the preferred technology for these solid wastes. The quantity of fuel used should be reported on a net calorific value basis. |
||||||
|
A gas composed principally of methane and carbon dioxide produced by anaerobic digestion of biomass. |
||||||
|
A biogas formed by the digestion of landfilled wastes. |
||||||
|
A biogas produced from the anaerobic fermentation of sewage sludge. |
||||||
|
Biogas produced from the anaerobic fermentation of animal slurries and of wastes in abattoirs, breweries and other agro-food industries. |
||||||
|
The quantities of liquid biofuels reported in this category should relate to the quantities of biofuel and not to the total volume of liquids into which the biofuels are blended. For the particular case of imports and exports of liquid biofuels, only trade of quantities that have not been blended with transport fuels is concerned (i.e. in their pure form); trade of liquid biofuels blended to transport fuels should be reported in the oil data in Chapter 4. The following liquid biofuels are concerned: |
||||||
|
This category includes bioethanol (ethanol produced from biomass and/or the biodegradable fraction of waste), biomethanol (methanol produced from biomass and/or the biodegradable fraction of waste), bioETBE (ethyl-tertio-butyl-ether produced on the basis of bioethanol; the percentage by volume of bioETBE that is calculated as biofuel is 47 %) and bioMTBE (methyl-tertio-butyl-ether produced on the basis of biomethanol: the percentage by volume of bioMTBE that is calculated as biofuel is 36 %). |
||||||
|
This category includes bio-diesel (a methyl-ester produced from vegetable or animal oil, of diesel quality), biodimethylether (dimethylether produced from biomass), Fischer-Tropsch (Fischer-Tropsch produced from biomass), cold extracted bio-oil (oil produced from oil seed through mechanical processing only) and all other liquid biofuels which are added to, blended with or used straight as transport diesel. |
||||||
|
Liquid biofuels, used directly as fuel, not included in biogasoline or bio-diesels. |
5.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
5.2.1. Gross electricity and heat production
Electricity and heat produced from the energy products mentioned in Section 5.1 (except for charcoal and including the total sum only of the liquid biofuels) must be declared, wherever applicable, separately:
|
— |
for main activity producer plants and for autoproducer plants, |
|
— |
for electricity-only producing plants, for heat-only producing plants, and for combined heat and power (CHP) plants. |
5.2.2. Supply and transformation sectors
Quantities of energy products that are mentioned in Section 5.1 (except for hydro power, solar photovoltaic energy, energy from tides, waves and oceans and wind energy) and used in the supply and transformation sectors must be declared for the following aggregates:
|
||
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5.2.3. Energy sector
Quantities of energy products that are mentioned in Section 5.1 (except for hydro power, solar photovoltaic energy, energy from tides, waves and oceans and wind energy) and used in the energy sector or for final consumption must be declared for the following aggregates:
|
||
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||
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5.2.4. Energy end-use
Quantities of energy products that are mentioned in Section 5.1 (except for hydro power, solar photovoltaic energy, energy from tides, waves and oceans and wind energy) must be declared for the following aggregates:
|
||
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5.2.5. Technical characteristics of installations
The following electricity generation capacities are to be declared as applicable at the end of the reported year:
|
||
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||
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||
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||
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||
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||
|
The total surface installed of solar collectors are to be declared.
The following biofuel production capacities are to be declared:
|
||
|
||
|
||
|
5.2.6. Inputs to autoproducers of electricity and heat generation
Inputs to autoproducers of electricity and heat generation are to be declared separately for electricity-only plants, for CHP plants, and for heat-only plants.
Quantities of energy products that are mentioned in Section 5.1 (except for hydro power, solar photovoltaic energy, energy from tides, waves and oceans and wind energy) must be declared for the following aggregates:
|
||
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5.3. Calorific values
Average net calorific values are to be declared for the following products:
|
||
|
||
|
||
|
5.4. Units of measurement
|
MWh |
||
|
TJ |
||
|
Biogasoline, bio-diesels and other liquid biofuels: tonnes Charcoal: 1 000 tonnes All others: TJ (on the basis of net calorific values). |
||
|
1 000 m2 |
||
|
Biofuels: tonnes/year All others: MWe |
||
|
KJ/kg (net calorific value). |
5.5. Derogations and exemptions
Not applicable.
6. APPLICABLE PROVISIONS
The following provisions apply for the data collection as described in all preceding chapters:
|
1. |
Reported period: A calendar year (1 January to 31 December). |
|
2. |
Frequency: Annual. |
|
3. |
Deadline for transmission of data: 30 November of the year following the reported period. |
|
4. |
Transmission format and method: The transmission format shall conform to an appropriate interchange standard specified by Eurostat. Data shall be transmitted or uploaded by electronic means to the single entry point for data at Eurostat. |
ANNEX C
MONTHLY ENERGY STATISTICS
This Annex describes the scope, units, reported period, frequency, deadline and transmission modalities for the monthly collection of energy statistics.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this Annex.
1. SOLID FUELS
1.1. Applicable energy products
Unless otherwise specified this data collection applies to all of the following energy products:
|
Energy product |
Definition |
||||||||
|
Black, combustible, solid, organic, fossil sediment with a gross calorific value greater than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30 oC and a relative air humidity of 96 %. |
||||||||
|
Combustible, brown to black, organic fossil sediment with a gross calorific value lower than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30 oC and a relative air humidity of 96 %. |
||||||||
|
Lignite with a moisture content of 20 to 25 % and an ash content of 9 to 13 %. Black lignite was formed in the secondary era. Within the Union, it is now produced only by France from deep mining in Provence. |
||||||||
|
Lignite with a moisture content of 40 to 70 % and an ash content normally between 2 and 6 %; the latter, however, may be as high as 12 % depending on the deposit. Brown coal was mainly formed in the tertiary era. This fuel is mostly mined in opencast workings. |
||||||||
|
Soft, loose to compressed, natural, combustible sediment of vegetable origin with a high moisture content (up to 90 %), light to dark brown in colour. This definition is without prejudice to the definition of renewable energy sources in Directive 2001/77/EC and to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories. |
||||||||
|
Patent fuels of hard coal are artefacts of specified shape produced by hot milling under pressure, with the addition of binding material (pitch). |
||||||||
|
Artefacts of even shape produced after crushing and drying of lignite, moulded under high pressure without the addition of binders. This includes dried lignite and lignite breeze. |
||||||||
|
Artificial solid fuel derived from hard coal and obtained by dry distillation of the coal in the total or partial absence of air. Includes:
|
||||||||
|
Solid residue obtained by dry distillation of lignite in the absence of air. |
1.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this Annex.
1.2.1. Supply sector
The following aggregates apply to hard coal, total and black lignite, brown coal and peat:
|
||
|
||
|
||
|
||
|
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||
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||
|
||
|
||
|
||
|
||
|
||
|
The following aggregates apply to coke derived from hard coal, lignite coke, patent fuels and lignite briquettes:
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
||||||||
|
1.2.2. Imports
For lignite, lignite coke, patent fuels and lignite briquettes the total intra-EU and total extra-EU import quantities must be declared.
For hard coal, imports must be declared from the following countries of origin:
|
||
|
||
|
||
|
||
|
||
|
||
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||
|
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|
||
|
||
|
1.3. Units of measurement
All product quantities are expressed in 103 tonnes.
1.4. Derogations and exemptions
Not applicable.
2. ELECTRICITY
2.1. Applicable energy products
This chapter covers electrical energy.
2.2. List of aggregates
The following list of aggregates shall be declared.
2.2.1. Production sector
For the following aggregates both gross and net quantities must be declared:
|
||
|
||
|
||
|
||
|
||
|
||
|
Also the following quantities of electrical energy must be declared:
|
||
|
||
|
||
|
||
|
||
|
For the fuel consumption in main activity producer plants the following aggregates apply (refer to Annex B for the definitions of hard coal and lignite):
|
||
|
||
|
||
|
||
|
||
|
||
|
2.2.2. Fuel stocks in main activity producers
By main activity producers are meant public utilities generating electricity by using fuels. The following closing stocks (stocks at the end of the reported month) must be declared:
|
||
|
||
|
2.3. Units of measurement
|
Electricity: GWh Hard coal, lignite and petroleum products: both in 103 tonnes and in TJ on the basis of the net calorific value. Natural gas and derived gases: TJ on the basis of the gross calorific value. Other fuels: TJ on the basis of the net calorific value. Nuclear heat: TJ. |
||
|
103 tonnes |
2.4. Derogations and exemptions
Not applicable.
3. OIL AND PETROLEUM PRODUCTS
3.1. Applicable energy products
Unless otherwise specified this data collection applies to all of the following energy products, for which the definitions in Annex B Chapter 4 apply: crude oil, NGL, refinery feedstocks, other hydrocarbons, refinery gas (not liquefied), ethane, LPG, naphtha, motor gasoline, aviation gasoline, gasoline type jet fuel (naphtha type jet fuel or JP4), kerosene type jet fuel, other kerosene, gas/diesel oil (distillate fuel oil), transport diesel, heating and other gasoil, fuel oil (both low and high sulphur content), white spirit and SBP, lubricants, bitumen, paraffin waxes and petroleum coke.
Where applicable, motor gasoline must be declared in two categories namely:
|
— |
Unleaded motor gasoline: motor gasoline where lead compounds have not been added to enhance octane rating. It may contain traces of organic lead. |
|
— |
Leaded motor gasoline: motor gasoline with TEL and/or TML added to enhance octane rating. |
‘Other products’ include both the quantities that correspond to the definition in Annex B Chapter 4 and in addition the quantities of white spirit and SBP, lubricants, bitumen and paraffin waxes; these products must not be declared separately.
3.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
3.2.1. Supply sector
The following table applies only to crude oil, NGL, refinery feedstocks, additives/oxygenates, biofuels and other hydrocarbons only:
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
The following table does not apply to refinery feedstocks nor to additives/oxygenates:
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
3.2.2. Stocks
The following opening and closing stocks must be declared for all energy products except for refinery gas:
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
In addition, a breakdown of quantities per corresponding country must be declared for:
|
— |
closing stocks held for other countries under bilateral government agreements, |
|
— |
other closing stocks with known foreign destination, |
|
— |
closing stocks held abroad under bilateral government agreements, |
|
— |
other closing stocks held abroad designated definitely for import into the reporting country. |
By opening stocks are meant the stocks on the last day of the month preceding the reported one. By closing stocks are meant the stocks on the last day of the reported month.
3.2.3. Imports and exports
Imports by country of origin, and exports by country of destination.
3.3. Units of measurement
Energy quantities: 103 tonnes.
3.4. Geographical notes
For statistical reporting purposes only, the clarifications of Annex A Chapter 1 apply with the following specific exceptions:
|
1. |
Denmark includes the Faeroe Islands and Greenland. |
|
2. |
Switzerland includes Liechtenstein. |
3.5. Derogations and exemptions
Not applicable.
4. NATURAL GAS
4.1. Applicable energy products
Natural gas is defined in Annex B Chapter 2.
4.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
4.2.1. Supply sector
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
4.2.2. Imports and exports
Imports by country of origin, and exports by country of destination.
4.3. Units of measurement
Quantities must be declared in two units:
|
— |
in physical quantity, in 106 m3 assuming reference gas conditions (15 oC, 101,325 kPa), |
|
— |
in energy content, i.e. in TJ, based on the gross calorific value. |
4.4. Derogations and exemptions
Not applicable.
5. APPLICABLE PROVISIONS
The following provisions apply for the data collection as described in all preceding chapters:
|
1. |
Reported period: A calendar month. |
|
2. |
Frequency: Monthly. |
|
3. |
Deadline for transmission of data: Within three months following the reported month. |
|
4. |
Transmission format and method: The transmission format shall conform to an appropriate interchange standard specified by Eurostat. Data shall be transmitted or uploaded by electronic means to the single entry point for data at Eurostat. |
ANNEX D
SHORT-TERM MONTHLY STATISTICS
This Annex describes the scope, units, reported period, frequency, deadline and transmission modalities for the short-term monthly collection of statistical data.
Annex A applies for explanations of terms for which a specific explanation is not supplied in this Annex.
1. NATURAL GAS
1.1. Applicable energy products
This chapter covers natural gas only. Natural gas is defined in Chapter 2 of Annex B.
1.2. List of aggregates
The following list of aggregates shall be declared.
|
||
|
||
|
||
|
||
|
1.3. Units of measurement
Quantities of natural gas must be declared in TJ, based on the gross calorific value.
1.4. Other applicable provisions
|
1. |
Reported period: A calendar month. |
|
2. |
Frequency: Monthly. |
|
3. |
Deadline for transmission of data: Within one month following the reported month. |
|
4. |
Transmission format and method: The transmission format shall conform to an appropriate interchange standard specified by Eurostat. Data shall be transmitted or uploaded by electronic means to the single entry point for data at Eurostat. |
1.5. Derogations and exemptions
Germany is exempted from this data collection.
2. ELECTRICITY
2.1. Applicable energy products
This chapter covers electricity only.
2.2. List of aggregates
The following list of aggregates shall be declared.
|
||
|
||
|
||
|
2.3. Units of measurement
Energy quantities must be expressed in GWh.
2.4. Other applicable provisions
|
1. |
Reported period: A calendar month. |
|
2. |
Frequency: Monthly. |
|
3. |
Deadline for transmission of data: Within one month following the reported month. |
|
4. |
Transmission format and method: The transmission format shall conform to an appropriate interchange standard specified by Eurostat. Data shall be transmitted or uploaded by electronic means to the single entry point for data at Eurostat. |
2.5. Derogations and exemptions
Germany is exempted from this data collection.
3. OIL AND PETROLEUM PRODUCTS
This data collection is commonly known as the ‘JODI Questionnaire’.
3.1. Applicable energy products
Unless otherwise specified, this data collection applies to all of the following energy products, for which the definitions in Chapter 4 of Annex B apply: crude oil, LPG, gasoline (which is the sum of motor gasoline and aviation gasoline), kerosene (which is the sum of kerosene type jet fuel and other kerosene), gas/diesel oil and fuel oil (both low and high sulphur content).
In addition, this data collection also applies to ‘total oil’, by which is meant the sum of all these products except crude oil, and must also include other petroleum products such as refinery gas, ethane, naphtha, petroleum coke, white spirit and SBP, paraffin waxes, bitumen, lubricants and others.
3.2. List of aggregates
The following list of aggregates shall be declared for all energy products listed in the previous paragraph unless otherwise specified.
3.2.1. Supply sector
The following table applies only to crude oil:
|
||
|
||
|
||
|
||
|
||
|
The following table applies to crude oil, LPG, gasoline, kerosene, gas/diesel oil, fuel oil and total oil:
|
||
|
||
|
||
|
||
|
||
|
3.3. Units of measurement
Energy quantities: 103 tonnes
3.4. Other applicable provisions
|
1. |
Reported period: A calendar month. |
|
2. |
Frequency: Monthly. |
|
3. |
Deadline for transmission of data: Within 25 days following the reported month. |
|
4. |
Transmission format and method: The transmission format shall conform to an appropriate interchange standard specified by Eurostat. Data shall be transmitted or uploaded by electronic means to the single entry point for data at Eurostat. |
3.5. Derogations and exemptions
Not applicable.
|
14.11.2008 |
EN |
Official Journal of the European Union |
L 304/63 |
REGULATION (EC) No 1100/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (3) has been substantially amended (4). In the interests of clarity and rationality the said Regulation should be codified. |
|
(2) |
Achieving freedom to provide services in the field of transport is an important element of the common transport policy under the Treaty. Consequently, it is the aim of that policy to increase the fluidity of movement of the different means of transport within the Community. |
|
(3) |
Pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorisations and other documentation that vehicles and inland waterway vessels must comply with. These checks, verifications and inspections continue in general to be justified in order to avoid disturbances to the organisation of the transport market and to ensure road and inland waterway safety. |
|
(4) |
Under existing Community legislation, Member States are free to organise and perform the aforementioned checks, verifications and inspections where they so wish. |
|
(5) |
Such checks, verifications and inspections may be performed with equal efficacy throughout the territory of the Member States concerned and crossing the frontier should not therefore be a pretext for carrying out such operations, |
HAVE ADOPTED THIS REGULATION:
Article 1
This Regulation applies to controls performed by Member States pursuant to Community or national law in the fields of road and inland waterway transport carried out using means of transport registered or put into circulation in a Member State.
Article 2
For the purpose of this Regulation:
|
(a) |
‘frontier’ means either an internal frontier within the Community or an external frontier, where carriage between Member States involves crossing a third country; |
|
(b) |
‘control’ means any check, inspection, verification or formality performed at the frontiers of Member States by the national authorities which signifies a stop or a restriction on the free movement of the vehicles or vessels concerned. |
Article 3
The controls referred to in Annex I, and performed pursuant to Community or national law in the fields of road and inland waterway transport between Member States, shall not be performed as frontier controls but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of a Member State.
Article 4
As and when necessary, the Commission shall propose amendments to Annex I to take account of technological developments in the field covered by this Regulation.
Article 5
Regulation (EEC) No 4060/89, as amended by the Regulation listed in Annex II, is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 6
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
J.-P. JOUYET
(1) OJ C 324, 30.12.2006, p. 47.
(2) Opinion of the European Parliament of 14 December 2006 (OJ C 317 E, 23.12.2006, p. 599) and Council Decision of 15 September 2008.
(3) OJ L 390, 30.12.1989, p. 18.
(4) See Annex II.
ANNEX I
PART 1
COMMUNITY LAW
Section 1
Directives
|
(a) |
Article 6(4) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (1), which provides that vehicles may be subject, as regards common standards on weights, to random checks and, as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with its provisions; |
|
(b) |
Article 3(2) of Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (2), which provides that each Member State shall recognise the proof issued in another Member State showing that a vehicle has passed a roadworthiness test; this act of recognition implies that a verification by national authorities may be made anywhere within their territories; |
|
(c) |
Article 2(2) of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (3), which lays down that proof of compliance with the Directive is provided by a number of documents which must be on board the hired vehicle, viz., the contract of hire and the driver's employment contract; |
|
(d) |
Article 3(3), (4) and (5) of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (4), which provides that the navigability licence, certificates or authorisations must be produced on demand by national authorities; |
|
(e) |
Article 17(1) of Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (5), which provides that Member States may at any time check that a vessel is carrying a certificate valid under the terms of the Directive. |
Section 2
Regulations
|
(a) |
Articles 14 and 15 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (6), which entitle any authorised inspection officer to verify and control the transport ticket, authorisation or control document provided for in the Regulation; |
|
(b) |
Article 18 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (7), which entitles Member States to adopt measures which cover, inter alia, the organisation of, procedure for and means of a control system to ensure that the provisions of the Regulation have been complied with; |
|
(c) |
Article 19 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (8) which entitles Member States to adopt measures which cover, inter alia, the organisation of, procedure for, and means of carrying out, checks on whether the equipment complies with the provisions of the Regulation; |
|
(d) |
Article 5(4) of Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (9), which provides that a certified true copy of the Community authorisation shall be kept in the vehicle and must be produced whenever required by an authorised inspecting officer. |
PART 2
NATIONAL LAW
|
(a) |
Controls on the driving licences of persons driving vehicles for the carriage of goods and persons; |
|
(b) |
Controls relating to the means of transport for dangerous goods and in particular:
|
|
(c) |
Controls relating to the means of transport for perishable foodstuffs and in particular:
|
(1) OJ L 235, 17.9.1996, p. 59.
(4) OJ L 21, 29.1.1976, p. 10.
(5) OJ L 301, 28.10.1982, p. 1.
(7) OJ L 102, 11.4.2006, p. 1.
ANNEX II
REPEALED REGULATION WITH ITS AMENDMENT
(referred to in Article 5)
|
Council Regulation (EEC) No 4060/89 |
|
|
Council Regulation (EEC) No 3356/91 |
ANNEX III
CORRELATION TABLE
|
Regulation (EEC) No 4060/89 |
This Regulation |
|
Article 1 |
Article 1 |
|
Article 2 |
Article 2 |
|
Article 3 |
Article 3 |
|
Article 3a |
Article 4 |
|
Article 4 |
Article 6 |
|
— |
Article 5 |
|
Annex Part 1, Directives (a) |
Annex I, Part 1, Section 1(a) |
|
Annex, Part 1, Directives (b) |
Annex I, Part 1, Section 1(b) |
|
Annex, Part 1, Directives (c) |
Annex I, Part 1, Section 1(c) |
|
Annex, Part 1, Directives (d) |
— |
|
Annex, Part 1, Directives (e) |
Annex I, Part 1, Section 1(d) |
|
Annex, Part 1, Directives (f) |
Annex I, Part 1, Section 1(e) |
|
Annex, Part 1, Regulations (a) |
Annex I, Part 1, Section 2(a) |
|
Annex, Part 1, Regulations (b) |
— |
|
Annex, Part 1, Regulations (c) |
— |
|
Annex, Part 1, Regulations (d) |
Annex I, Part 1, Section 2(b) |
|
Annex, Part 1, Regulations (e) |
Annex I, Part 1, Section 2(c) |
|
Annex, Part 1, Regulations (f) |
Annex I, Part 1, Section 2(d) |
|
Annex, Part 2 |
Annex I, Part 2 |
|
— |
Annex II |
|
— |
Annex III |
|
14.11.2008 |
EN |
Official Journal of the European Union |
L 304/70 |
REGULATION (EC, EURATOM) No 1101/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 187 thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
|
(1) |
Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified. |
|
(2) |
To enable it to carry out the duties entrusted to it by the Treaties, the Commission must have full and reliable information. With a view to efficient management, the Statistical Office of the European Communities, hereinafter referred to as ‘Eurostat’, should be able to obtain all the national statistical information necessary in order to prepare Community statistics and carry out the necessary analyses. |
|
(3) |
Article 10 of the EC Treaty and Article 192 of the Euratom Treaty require Member States to facilitate the achievement of the Community's tasks. This obligation extends to providing all the requisite information. Moreover, the absence of confidential statistical data constitutes for Eurostat a considerable loss of information at Community level and makes it difficult to prepare statistics and carry out analyses on the Community. |
|
(4) |
Member States have no further cause to invoke provisions on statistical confidentiality, since it is established that Eurostat offers the same data confidentiality guarantees as the national statistical institutes. These guarantees are already to some extent enshrined in the Community Treaties, notably in Article 287 of the EC Treaty, Article 194(1) of the Euratom Treaty, and Article 17 of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities (4), and can be backed up by appropriate measures under this Regulation. |
|
(5) |
Any violation of statistical confidentiality protected by this Regulation should be dealt with effectively, whoever the offender may be. |
|
(6) |
Any infringement of the rules binding officials and other servants working for Eurostat, whether committed wilfully or through negligence, renders them liable to disciplinary sanctions and, if appropriate, legal penalties for violation of professional secrecy, pursuant to the combined provisions of Articles 12 and 18 of the Protocol on the Privileges and Immunities of the European Communities. |
|
(7) |
This Regulation applies only to the transmission to Eurostat of statistical data which, in the national statistical institutes' field of competence, are covered by statistical confidentiality, and does not affect special national or Community provisions relating to the transmission of other types of information to the Commission. |
|
(8) |
This Regulation is to be adopted without prejudice to Article 296(1)(a) of the EC Treaty, under which no Member State is required to supply information the disclosure of which it considers contrary to the essential interests of its security. |
|
(9) |
Implementation of the provisions contained in this Regulation, and in particular those designed to ensure the protection of confidential statistical data transmitted to Eurostat, will require human, technical and financial resources. |
|
(10) |
The measures necessary for the implementation of this Regulation shall be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5), |
HAVE ADOPTED THIS REGULATION:
Article 1
1. The purpose of this Regulation is:
|
(a) |
to authorise national authorities to transmit confidential statistical data to the Statistical Office of the European Communities (hereinafter referred to as Eurostat); |
|
(b) |
to provide a guarantee that the Commission will take all necessary measures to ensure the confidentiality of data thus transmitted. |
2. This Regulation shall apply to statistical confidentiality only. It shall not affect special, Community or national provisions safeguarding confidentiality other than statistical confidentiality.
Article 2
For the purposes of this Regulation, the terms given below are defined as follows:
|
(a) |
confidential statistical data: data defined in Article 13 of Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (6); |
|
(b) |
national authorities: national statistical institutes and other national bodies responsible for the collection and use of statistics for the Communities; |
|
(c) |
information on the private lives of natural persons: information on the private and family lives of natural persons as defined by national legislation or practices in the various Member States; |
|
(d) |
use for statistical purposes: use exclusively for the compilation of statistical tables or for statistical economic analyses; may not be used for administrative, legal or tax purposes or for verification against the units surveyed; |
|
(e) |
statistical unit: basic unit covered by statistical data transmitted to Eurostat; |
|
(f) |
direct identification: identification of a statistical unit from its name or address, or from an officially allocated and published identification number; |
|
(g) |
indirect identification: possibility of deducing the identity of a statistical unit other than from the information mentioned in point (f); |
|
(h) |
officials of Eurostat: officials of the Communities, within the meaning of Article 1 of the Staff Regulations of Officials of the European Communities, working at Eurostat; |
|
(i) |
other staff of Eurostat: servants of the Communities, within the meaning of Articles 2 to 5 of the Conditions of Employment of Other Servants of the European Communities, working at Eurostat; |
|
(j) |
dissemination: supply of data in any form whatever: publications, access to databases, microfiches, telephone communications, etc. |
Article 3
1. The national authorities shall be authorised to transmit confidential statistical data to Eurostat.
2. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential statistical data to Eurostat where an act of Community law governing a Community statistic provides for the transmission of such data.
3. Transmission to Eurostat of confidential statistical data, within the meaning of paragraph 2, shall be carried out in such a way that statistical units cannot be directly identified. This does not preclude the admissibility of more far-reaching transmission rules in accordance with the legislation of the Member States.
4. National authorities shall not be obliged to transmit information on the private lives of natural persons to Eurostat if the information transmitted could enable those persons to be identified either directly or indirectly.
Article 4
1. The Commission shall take all the necessary regulatory, administrative, technical and organisational measures to ensure the confidentiality of statistical data transmitted by the competent departments of Member States to Eurostat in accordance with Article 3.
2. The Commission shall establish the procedures for transmitting confidential statistical data to Eurostat and the principles for protection of such data in accordance with the procedure referred to in Article 7(2).
Article 5
1. The Commission shall instruct the Director-General of Eurostat to ensure the protection of data transmitted to Eurostat by the national authorities of the Member States. It shall establish the arrangements for the internal organisation of Eurostat in order to ensure such protection, after consulting the Committee referred to in Article 7(1).
2. Confidential statistical data transmitted to Eurostat shall be accessible only to officials of Eurostat and may be used by them exclusively for statistical purposes.
3. However, the Commission may grant access to confidential statistical data to other staff of Eurostat and other natural persons working on the premises of Eurostat under contract, in special cases and exclusively for statistical purposes. The procedures for such access shall be determined by the Commission in accordance with the procedure referred to in Article 7(2).
4. Confidential statistical data in Eurostat's possession may be disseminated only when combined with other data in a form which ensures that statistical units cannot be identified either directly or indirectly.
5. Officials and other staff of Eurostat and other natural persons working on the premises of Eurostat under contract may not use or distribute these data for purposes other than those laid down in this Regulation. This prohibition shall continue to apply following transfer, termination of service or retirement.
6. The protection measures referred to in paragraphs 1 to 5 shall apply to:
|
(a) |
all confidential statistical data the transmission of which to Eurostat is covered by an act of Community law governing a Community statistic; |
|
(b) |
all confidential statistical data transmitted voluntarily by Member States to Eurostat. |
Article 6
Member States shall, before 1 January 1992, take appropriate measures to curb any violations of the obligation to maintain the secrecy of confidential statistical data transmitted in accordance with Article 3. These measures shall concern at least violations committed in the territory of the Member State concerned, by officials or other staff of Eurostat and by the other natural persons working under contract on the premises of Eurostat.
Member States shall inform the Commission without delay of the measures taken. The Commission shall pass on this information to the other Member States.
Article 7
1. The Commission shall be assisted by a Committee on Statistical Confidentiality, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
Article 8
The Committee shall examine questions raised by its chairman, either on his own initiative or at the request of the representative of a Member State, relating to the implementation of this Regulation.
Article 9
Regulation (Euratom, EEC) No 1588/90, as amended by the regulations set out in Annex I, is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 10
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
J.-P. JOUYET
(1) Opinion of the European Parliament of 14.12.2006 (OJ C 317 E, 23.12.2006, p. 600) and Council Decision of 25 September 2008.
(2) OJ L 151, 15.6.1990, p. 1.
(3) See Annex I.
ANNEX I
Repealed Regulation with its successive amendments
|
Council Regulation (Euratom, EEC) No 1588/90 |
|
|
Council Regulation (EC) No 322/97 |
Only Article 21(2) |
|
Regulation (EC) No 1882/2003 of the European Parliament and of the Council |
Only Annex II, point 4 |
ANNEX II
CORRELATION TABLE
|
Regulation (Euratom, EEC) No 1588/90 |
This Regulation |
|
Article 1(1) first and second indents |
Article 1(1)(a) and (b) |
|
Article 1(2) |
Article 1(2) |
|
Article 2(1) to (10) |
Article 2(a) to (j) |
|
Article 3(1) |
Article 3(1) |
|
Article 3(2) |
Article 3(2) |
|
Article 3(3) first subparagraph |
__ |
|
Article 3(3) second subparagraph |
Article 3(3) |
|
Article 3(4) |
Article 3(4) |
|
Article 4(1) |
Article 4(1) |
|
Article 4(2) |
Article 5(6) |
|
Article 4(3) |
Article 4(2) |
|
Article 5(1) to (5) |
Article 5(1) to (5) |
|
Article 6 |
Article 6 |
|
Article 7(1) and (2) |
Article 7(1) and (2) |
|
Article 7(3) |
__ |
|
Article 8 |
Article 8 |
|
__ |
Article 9 |
|
Article 9 |
Article 10 |
|
__ |
Annex I |
|
__ |
Annex II |
|
14.11.2008 |
EN |
Official Journal of the European Union |
L 304/75 |
REGULATION (EC) No 1102/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof and, in relation to Article 1 of this Regulation, Article 133 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
Mercury releases are recognised as a global threat that warrants action at local, regional, national and global level. |
|
(2) |
In accordance with the Communication from the Commission to the Council and the European Parliament entitled ‘Community Strategy Concerning Mercury’, the Council conclusions of 24 June 2005 and the European Parliament's resolution of 14 March 2006 (3) on the aforementioned strategy, it is necessary to reduce the risk of exposure to mercury for humans and the environment. |
|
(3) |
Measures taken at Community level must be seen as part of a global effort to reduce the risk of exposure to mercury, in particular in the framework of the Mercury Programme under the United Nations Environment Programme. |
|
(4) |
Environmental and social problems arise from the closure of mercury mines in the Community. The support of projects and other initiatives from the available funding mechanism should continue in order to allow the areas affected to find viable solutions for local environment, employment and economic activities. |
|
(5) |
The export of metallic mercury, cinnabar ore, mercury (I) chloride, mercury (II) oxide and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight from the Community should be banned in order to significantly reduce the global mercury supply. |
|
(6) |
The export ban will result in considerable amounts of surplus mercury in the Community that should be prevented from re-entering the market. Therefore, the safe storage within the Community of this mercury should be ensured. |
|
(7) |
In order to provide for possibilities of safe storage of metallic mercury that is considered as waste, it is appropriate to derogate from Article 5(3)(a) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (4) for certain types of landfill, and to declare the criteria set out in section 2.4 of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (5) inapplicable for retrievable temporary storage of metallic mercury for more than one year in above-ground facilities dedicated to and equipped for this purpose. |
|
(8) |
The other provisions of Directive 1999/31/EC should apply to all storage facilities for metallic mercury that is considered as waste. This includes the requirement, set out in Article 8(a)(iv) of that Directive, that the applicant for a permit make adequate provision, by way of a financial security or any other equivalent, to ensure that the obligations (including after-care provision) arising under the permit are discharged and that the closure procedures are followed. Furthermore, Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (6) applies to such storage facilities. |
|
(9) |
For temporary storage of metallic mercury for more than one year in above-ground facilities dedicated to and equipped for this purpose, Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (7) should apply. |
|
(10) |
This Regulation should be without prejudice to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (8). Nevertheless, in order to allow appropriate disposal of metallic mercury in the Community, the competent authorities of destination and dispatch are encouraged to avoid raising objections to shipments of metallic mercury that is considered as waste based on Article 11(1)(a) of that Regulation. It is noted that, according to Article 11(3) thereof, in the case of hazardous waste produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that Member State would be uneconomic, Article 11(1)(a) thereof shall not apply. |
|
(11) |
In order to ensure storage that is safe for human health and the environment, the safety assessment required for underground storage under Decision 2003/33/EC should be complemented by specific requirements and should also be made applicable to non-underground storage. No final disposal operation should be permitted until the special requirements and acceptance criteria are adopted. The storage conditions in a salt mine or in deep underground, hard rock formations, adapted for the disposal of metallic mercury, should notably meet the principles of protection of groundwater against mercury, prevention of vapour emissions of mercury, impermeability to gas and liquids of the surroundings and — in case of permanent storage — of firmly encapsulating the wastes at the end of the mines' deformation process. Those criteria should be introduced in the annexes to Directive 1999/31/EC, when they are amended for the purpose of this Regulation. |
|
(12) |
The above-ground storage conditions should notably meet the principles of reversibility of storage, protection of mercury against meteoric water, impermeability towards soils and prevention of vapour emissions of mercury. Those criteria should be introduced in the annexes to Directive 1999/31/EC when they are amended for the purpose of this Regulation. The above-ground storage of metallic mercury should be considered as a temporary solution. |
|
(13) |
The chlor-alkali industry should send all relevant data related to the decommissioning of mercury cells in their plants to the Commission and the competent authorities of the Member States concerned to facilitate enforcement of this Regulation. The industry sectors that gain mercury from the cleaning of natural gas or as a by-product from non-ferrous mining and smelting operations should also provide the Commission and the competent authorities of the Member States concerned with relevant data. The Commission should make this information publicly available. |
|
(14) |
Member States should submit information on permits issued for storage facilities as well as on the application and the market effects of this Regulation, in order to allow for an assessment thereof in due time. Importers, exporters and operators should submit information on movements and use of metallic mercury, cinnabar ore, mercury (I) chloride, mercury (II) oxide and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight. |
|
(15) |
Member States should determine the penalties applicable to infringements of the provisions of this Regulation to be imposed on natural and legal persons. Those penalties should be effective, proportionate and dissuasive. |
|
(16) |
It is appropriate to organise an exchange of information with relevant stakeholders in order to assess the potential need for supplementary measures related to export, import and storage of mercury and to mercury compounds and products containing mercury without prejudice to the competition rules of the Treaty, in particular Article 81 thereof. |
|
(17) |
The Commission and the Member States should encourage the provision of technical assistance to developing countries and countries with economies in transition, especially assistance which facilitates the shift towards alternative mercury-free technologies and the eventual phase-out of uses and releases of mercury and mercury compounds. |
|
(18) |
Research is ongoing on the safe disposal of mercury, including the different techniques for stabilisation or other ways of immobilising mercury. The Commission should, as a matter of priority, keep this research under review and submit a report as soon as possible. This information is important as it will provide a sound basis for a review of this Regulation in order to achieve its objective. |
|
(19) |
The Commission should take this information into account when submitting an assessment report in order to identify possible needs for amending this Regulation. |
|
(20) |
The Commission should also follow international developments concerning mercury supply and demand, in particular multilateral negotiations, and report on these in order to enable the consistency of the overall approach to be assessed. |
|
(21) |
The measures necessary for the application of this Regulation concerning temporary storage of metallic mercury in certain facilities referred to herein should be adopted in accordance with Directive 1999/31/EC taking into account the direct link between this Regulation and that Directive. |
|
(22) |
Since the objective of this Regulation, namely to reduce of exposure to mercury by means of an export ban and a storage obligation, cannot be sufficiently achieved by the Member States, and can therefore, by reason of the impact on the movement of goods and the functioning of the internal market as well as the trans-boundary nature of mercury pollution, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
HAVE ADOPTED THIS REGULATION:
Article 1
1. The export of metallic mercury (Hg, CAS RN 7439-97-6), cinnabar ore, mercury (I) chloride (Hg2Cl2, CAS RN 10112-91-1), mercury (II) oxide (HgO, CAS RN 21908-53-2) and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight from the Community shall be prohibited from 15 March 2011.
2. The prohibition shall not apply to exports of compounds referred to in paragraph 1 for research and development, medical or analysis purposes.
3. The mixing of metallic mercury with other substances for the sole purpose of export of metallic mercury shall be prohibited from 15 March 2011.
Article 2
From 15 March 2011, the following shall be considered as waste and be disposed of in accordance with Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (9) in a way that is safe for human health and the environment:
|
(a) |
metallic mercury that is no longer used in the chlor-alkali industry; |
|
(b) |
metallic mercury gained from the cleaning of natural gas; |
|
(c) |
metallic mercury gained from non-ferrous mining and smelting operations; and |
|
(d) |
metallic mercury extracted from cinnabar ore in the Community as from 15 March 2011. |
Article 3
1. By way of derogation from Article 5(3)(a) of Directive 1999/31/EC, metallic mercury that is considered as waste may, in appropriate containment, be
|
(a) |
temporarily stored for more than one year or permanently stored (disposal operations D 15 or D 12 respectively, as defined in Annex II A of Directive 2006/12/EC) in salt mines adapted for the disposal of metallic mercury, or in deep underground, hard rock formations providing a level of safety and confinement equivalent to that of those salt mines; or |
|
(b) |
temporarily stored (disposal operation D 15, as defined in Annex II A of Directive 2006/12/EC) for more than one year in above-ground facilities dedicated to and equipped for the temporary storage of metallic mercury. In this case, the criteria set out in section 2.4 of the Annex to Decision 2003/33/EC shall not apply. |
The other provisions of Directive 1999/31/EC and Decision 2003/33/EC shall apply to points (a) and (b).
2. Directive 96/82/EC shall apply to storages as referred to in paragraph 1(b) of this Article.
Article 4
1. The safety assessment to be carried out in accordance with Decision 2003/33/EC for the disposal of metallic mercury according to Article 3 of this Regulation shall ensure that the particular risks arising from the nature and long-term properties of the metallic mercury and its containment are covered.
2. The permit referred to in Articles 8 and 9 of Directive 1999/31/EC for facilities referred to in Article 3(1)(a) and (b) of this Regulation shall include requirements for regular visual inspections of the containers and the installation of appropriate vapour detection equipment to detect any leak.
3. The requirements for facilities referred to in Article 3(1)(a) and (b) of this Regulation as well as acceptance criteria for metallic mercury, amending Annexes I, II and III of Directive 1999/31/EC, shall be adopted in accordance with the procedure referred to in Article 16 of that Directive. The Commission shall make an appropriate proposal as soon as possible, and at the latest by 1 January 2010, taking into account the outcome of the exchange of information pursuant to Article 8(1) and the report on research on safe disposal options pursuant to Article 8(2).
Any final disposal operation (disposal operation D 12, as defined in Annex II A of Directive 2006/12/EC) concerning metallic mercury shall only be permitted after the date at which the amendment of Annexes I, II and III of Directive 1999/31/EC has been adopted.
Article 5
1. Member States shall submit to the Commission a copy of any permit issued for a facility designated to store metallic mercury temporarily or permanently (disposal operations D 15 or D 12 respectively, as defined in Annex II A of Directive 2006/12/EC), accompanied by the respective safety assessment pursuant to Article 4(1) of this Regulation.
2. By 1 July 2012, Member States shall inform the Commission on the application and market effects of this Regulation in their respective territories. Member States shall, upon request from the Commission, submit that information earlier than that date.
3. By 1 July 2012, importers, exporters and operators of activities referred to in Article 2, as appropriate, shall send to the Commission and to the competent authorities the following data:
|
(a) |
volumes, prices, originating country and destination country as well as the intended use of metallic mercury entering the Community; |
|
(b) |
volumes, originating country and destination country of metallic mercury considered as waste that is traded cross-border within the Community. |
Article 6
1. The companies concerned in the chlor-alkali industry shall send the following data related to the decommissioning of mercury in a given year to the Commission and the competent authorities of the Member States concerned:
|
(a) |
best estimate of total amount of mercury still in use in chlor-alkali cell; |
|
(b) |
total amount of mercury stored in the facility; |
|
(c) |
amount of waste mercury sent to individual temporary or permanent storage facilities, location and contact details of these facilities. |
2. The companies concerned in the industry sectors that gain mercury from the cleaning of natural gas or as a by-product from non-ferrous mining and smelting operations shall send the following data related to mercury gained in a given year to the Commission and the competent authorities of the Member States concerned:
|
(a) |
amount of mercury gained; |
|
(b) |
amount of mercury sent to individual temporary or permanent storage facilities as well as location and contact details of these facilities. |
3. The companies concerned shall send the data referred to in paragraphs 1 and 2, as applicable, for the first time by 4 December 2009, and thereafter each year by 31 May.
4. The Commission shall make the information in paragraph 3 publicly available in accordance with Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (10).
Article 7
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 4 December 2009 and shall notify it without delay of any subsequent amendment affecting them.
Article 8
1. The Commission shall organise an exchange of information between the Member States and the relevant stakeholders by 1 January 2010. This exchange of information shall, in particular, examine the need for:
|
(a) |
extending the export ban to other mercury compounds, mixtures with a lower mercury content and products containing mercury, in particular thermometers, barometers and sphygmomanometers; |
|
(b) |
an import ban of metallic mercury, mercury compounds and products containing mercury; |
|
(c) |
extending the storage obligation to metallic mercury from other sources; |
|
(d) |
time limits concerning temporary storage of metallic mercury. |
This exchange of information shall also consider the research on safe disposal options.
The Commission shall organise further exchanges of information when new relevant information has become available.
2. The Commission shall keep under review ongoing research activities on safe disposal options, including solidification of metallic mercury. The Commission shall submit a report to the European Parliament and the Council by 1 January 2010. On the basis of this report, the Commission shall, if appropriate, present a proposal for a revision of this Regulation as soon as possible and not later than 15 March 2013.
3. The Commission shall assess the application and market effects of this Regulation in the Community, taking into account the information referred to in paragraphs 1 and 2 and in Articles 5 and 6.
4. The Commission shall as soon as possible, but not later than 15 March 2013, submit to the European Parliament and the Council a report, if appropriate accompanied by a proposal for a revision of this Regulation, which shall reflect and evaluate the outcome of the information exchange referred to in paragraph 1 and of the assessment referred to in paragraph 3, as well as the report referred to in paragraph 2.
5. The Commission shall report to the European Parliament and the Council by 1 July 2010 on progress in multilateral activities and negotiations on mercury, assessing in particular the consistency of the timing and scope of the measures specified in this Regulation with international developments.
Article 9
Until 15 March 2011, Member States may maintain national measures restricting the export of metallic mercury, cinnabar ore, mercury (I) chloride, mercury (II) oxide and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight which were adopted in line with Community legislation before 22 October 2008.
Article 10
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
J.-P. JOUYET
(1) OJ C 168, 20.7.2007, p. 44.
(2) Opinion of the European Parliament of 20 June 2007 (OJ C 146 E, 12.6.2008, p. 209), Council Common Position of 20 December 2007 (OJ C 52 E, 26.2.2008, p. 1) and Position of the European Parliament of 21 May 2008 (not yet published in the Official Journal). Council Decision of 25 September 2008.
(3) OJ C 291 E, 30.11.2006, p. 128.
(4) OJ L 182, 16.7.1999, p. 1.
(5) OJ L 11, 16.1.2003, p. 27.
(6) OJ L 143, 30.4.2004, p. 56.
(7) OJ L 10, 14.1.1997, p. 13.
(8) OJ L 190, 12.7.2006, p. 1.
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14.11.2008 |
EN |
Official Journal of the European Union |
L 304/80 |
REGULATION (EC) No 1103/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny
Adaptation to the regulatory procedure with scrutiny
Part Three
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c), point 1(a) of the first paragraph of Article 63 and Article 67 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the European Central Bank (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
|
(1) |
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) has been amended by Council Decision 2006/512/EC (5), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements. |
|
(2) |
In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures. |
|
(3) |
The United Kingdom and Ireland, which took part in the adoption and application of the instruments amended by this Regulation, in accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, are taking part in the adoption and application of this Regulation. |
|
(4) |
In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application, |
HAVE ADOPTED THIS REGULATION:
Article 1
In this Regulation, the term ‘Member State’ shall mean all Member States with the exception of Denmark.
Article 2
The instruments listed in the Annex are hereby adapted, in accordance with that Annex, to Decision 1999/468/EC, as amended by Decision 2006/512/EC.
Article 3
References to provisions of the instruments listed in the Annex shall be understood to be references to those provisions as adapted by this Regulation.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Strasbourg, 22 October 2008.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
J.-P. JOUYET
(1) OJ C 224, 30.8.2008, p. 35.
(2) OJ C 117, 14.5.2008, p. 1.
(3) Opinion of the European Parliament of 18 June 2008 (not yet published in the Official Journal) and Council Decision of 25 September 2008.
(4) OJ L 184, 17.7.1999, p. 23.
ANNEX
1. Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1)
As regards Regulation (EC) No 44/2001, the Commission should be empowered to update or make technical adjustments to the forms set out in the Annexes to that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 44/2001, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation (EC) No 44/2001 is hereby amended as follows:
|
1. |
Article 74(2) shall be replaced by the following: ‘2. The updating or technical adjustments of the forms, specimens of which appear in Annexes V and VI, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 75(2).’; |
|
2. |
Article 75 shall be replaced by the following: ‘Article 75 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’ |
2. Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (2)
As regards Regulation (EC) No 1206/2001, the Commission should be empowered to update or make technical amendments to the standard forms set out in the Annex to that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1206/2001, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation (EC) No 1206/2001 is hereby amended as follows:
|
1. |
Article 19(2) shall be replaced by the following: ‘2. The updating or making of technical amendments to the standard forms set out in the Annex shall be carried out by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 20(2).’ |
|
2. |
Article 20 shall be replaced by the following: ‘Article 20 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’ |
3. Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (3)
As regards Regulation (EC) No 343/2003, the Commission should be empowered to adopt the conditions and procedures for the implementing of the humanitarian clause and to adopt the criteria necessary for carrying out transfers. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 343/2003 by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation (EC) No 343/2003 is hereby amended as follows:
|
1. |
Article 15(5) shall be replaced by the following: ‘5. The conditions and procedures for implementing this Article, including, where appropriate, conciliation mechanisms for settling differences between Member States concerning the need to unite the persons in question, or the place where this should be done, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3).’; |
|
2. |
Article 19(5) shall be replaced by the following: ‘5. The Commission may adopt supplementary rules on carrying out transfers. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3).’; |
|
3. |
Article 20(4) shall be replaced by the following: ‘4. The Commission may adopt supplementary rules on carrying out transfers. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3).’; |
|
4. |
Article 27(3) shall be replaced by the following: ‘3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’ |
4. Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (4)
As regards Regulation (EC) No 805/2004, the Commission should be empowered to amend the standard forms set out in the Annexes to that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 805/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Articles 31 and 32 of Regulation (EC) No 805/2004 shall be replaced by the following:
‘Article 31
Amendments to the Annexes
The Commission shall amend the standard forms set out in the Annexes. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 32(2).
Article 32
Committee
1. The Commission shall be assisted by the committee referred to in Article 75 of Regulation (EC) No 44/2001.
2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’
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14.11.2008 |
EN |
Official Journal of the European Union |
L 304/s3 |
NOTE TO THE READER
The institutions have decided to no longer quote in their texts the last amendment to cited acts.
Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.