- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2020)
- Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE)
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (Text with EEA relevance)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
Textual Amendments
Activities | Greenhouse gases |
---|---|
Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste) | Carbon dioxide |
Refining of mineral oil | Carbon dioxide |
Production of coke | Carbon dioxide |
Metal ore (including sulphide ore) roasting or sintering, including pelletisation | Carbon dioxide |
Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour | Carbon dioxide |
Production or processing of ferrous metals (including ferro-alloys) where combustion units with a total rated thermal input exceeding 20 MW are operated. Processing includes, inter alia, rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling | Carbon dioxide |
Production of primary aluminium | Carbon dioxide and perfluorocarbons |
Production of secondary aluminium where combustion units with a total rated thermal input exceeding 20 MW are operated | Carbon dioxide |
Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated | Carbon dioxide |
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day | Carbon dioxide |
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day | Carbon dioxide |
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day | Carbon dioxide |
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day | Carbon dioxide |
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day | Carbon dioxide |
Drying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion units with a total rated thermal input exceeding 20 MW are operated | Carbon dioxide |
Production of pulp from timber or other fibrous materials | Carbon dioxide |
Production of paper or cardboard with a production capacity exceeding 20 tonnes per day | Carbon dioxide |
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues, where combustion units with a total rated thermal input exceeding 20 MW are operated | Carbon dioxide |
Production of nitric acid | Carbon dioxide and nitrous oxide |
Production of adipic acid | Carbon dioxide and nitrous oxide |
Production of glyoxal and glyoxylic acid | Carbon dioxide and nitrous oxide |
Production of ammonia | Carbon dioxide |
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day | Carbon dioxide |
Production of hydrogen (H 2 ) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day | Carbon dioxide |
Production of soda ash (Na 2 CO 3 ) and sodium bicarbonate (NaHCO 3 ) | Carbon dioxide |
Capture of greenhouse gases from installations covered by this Directive for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC | Carbon dioxide |
Transport of greenhouse gases by pipelines for geological storage in a storage site permitted under Directive 2009/31/EC | Carbon dioxide |
Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31/EC | Carbon dioxide |
Aviation Flights which depart from or arrive in an aerodrome situated in the territory of a MemberState to which the Treaty applies. This activity shall not include: (a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan; (b) military flights performed by military aircraft and customs and police flights; (c) flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority; (d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention; (e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; (f) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft; (g) flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based; (h) flights performed by aircraft with a certified maximum take-off mass of less than 5 700 kg; (i) flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed 30 000 seats per year [F3;] (j) flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:
[F4Flights referred to in point (l) or performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family; Heads of State, Heads of Government and Government Ministers, of a Member State may not be excluded under this point;] (k) [F4from 1 January 2013 to 31 December 2030 , flights which, but for this point, would fall within this activity, performed by a non-commercial aircraft operator operating flights with total annual emissions lower than 1 000 tonnes per year (including emissions from flights referred to in point (l));] (l) [F5flights from aerodromes situated in Switzerland to aerodromes situated in the EEA.] | Carbon dioxide] |
Textual Amendments
F3 Substituted by Regulation (EU) No 421/2014 of the European Parliament and of the Council of 16 April 2014 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in view of the implementation by 2020 of an international agreement applying a single global market-based measure to international aviation emissions (Text with EEA relevance).
Carbon dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur Hexafluoride (SF6)
Textual Amendments
Textual Amendments
F7 Deleted by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (Text with EEA relevance).
F8 Inserted by Treaty between the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union.
Share of Modernisation Fund | |
---|---|
Bulgaria | 5,84 % |
Czech Republic | 15,59 % |
Estonia | 2,78 % |
Croatia | 3,14 % |
Latvia | 1,44 % |
Lithuania | 2,57 % |
Hungary | 7,12 % |
Poland | 43,41 % |
Romania | 11,98 % |
Slovakia | 6,13 %] ] |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Emissions shall be monitored either by calculation or on the basis of measurement.
Calculations of emissions shall be performed using the formula:
Activity data × Emission factor × Oxidation factor
Activity data (fuel used, production rate etc.) shall be monitored on the basis of supply data or measurement.
Accepted emission factors shall be used. Activity-specific emission factors are acceptable for all fuels. Default factors are acceptable for all fuels except non-commercial ones (waste fuels such as tyres and industrial process gases). Seam-specific defaults for coal, and EU-specific or producer country-specific defaults for natural gas shall be further elaborated. IPCC default values are acceptable for refinery products. The emission factor for biomass shall be zero.
If the emission factor does not take account of the fact that some of the carbon is not oxidised, then an additional oxidation factor shall be used. If activity-specific emission factors have been calculated and already take oxidation into account, then an oxidation factor need not be applied.
Default oxidation factors developed pursuant to Directive 96/61/EC shall be used, unless the operator can demonstrate that activity-specific factors are more accurate.
A separate calculation shall be made for each activity, installation and for each fuel.
Measurement of emissions shall use standardised or accepted methods, and shall be corroborated by a supporting calculation of emissions.
[F2Standardised or accepted methods, developed by the Commission in collaboration with all relevant stakeholders and adopted pursuant to Article 14(1), shall be used.]
Each operator shall include the following information in the report for an installation:
Data identifying the installation, including:
Name of the installation;
Its address, including postcode and country;
Type and number of Annex I activities carried out in the installation;
Address, telephone, fax and email details for a contact person; and
Name of the owner of the installation, and of any parent company.
For each Annex I activity carried out on the site for which emissions are calculated:
Activity data;
Emission factors;
Oxidation factors;
Total emissions; and
Uncertainty.
For each Annex I activity carried out on the site for which emissions are measured:
Total emissions;
Information on the reliability of measurement methods; and
Uncertainty.
For emissions from combustion, the report shall also include the oxidation factor, unless oxidation has already been taken into account in the development of an activity-specific emission factor.
Member States shall take measures to coordinate reporting requirements with any existing reporting requirements in order to minimise the reporting burden on businesses.
Textual Amendments
Emissions shall be monitored by calculation. Emissions shall be calculated using the formula:
Fuel consumption × emission factor
Fuel consumption shall include fuel consumed by the auxiliary power unit. Actual fuel consumption for each flight shall be used wherever possible and shall be calculated using the formula:
Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete – amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete + fuel uplift for that subsequent flight.
If actual fuel consumption data are not available, a standardised tiered method shall be used to estimate fuel consumption data based on best available information.
Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. The emission factor for biomass shall be zero.
A separate calculation shall be made for each flight and for each fuel.
Each aircraft operator shall include the following information in its report under Article 14(3):
Data identifying the aircraft operator, including:
name of the aircraft operator,
its administering Member State,
its address, including postcode and country and, where different, its contact address in the administering Member State,
the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities listed in Annex I for which it is the aircraft operator,
the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Annex I for which it is the aircraft operator were performed,
address, telephone, fax and e-mail details for a contact person, and
name of the aircraft owner.
For each type of fuel for which emissions are calculated:
fuel consumption,
emission factor,
total aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator,
aggregated emissions from:
all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator and which departed from an aerodrome situated in the territory of a Member State and arrived at an aerodrome situated in the territory of the same Member State,
all other flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator,
aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Annex I for which it is the aircraft operator and which:
departed from each Member State, and
arrived in each Member State from a third country,
uncertainty.
For the purpose of applying for an allocation of allowances in accordance with Article 3e(1) or Article 3f(2), the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:
tonne-kilometres = distance × payload
where:
‘ distance ’ means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; and
‘ payload ’ means the total mass of freight, mail and passengers carried.
For the purposes of calculating the payload:
the number of passengers shall be the number of persons on-board excluding crew members,
an aircraft operator may choose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value of 100 kg for each passenger and his checked baggage.
Each aircraft operator shall include the following information in its application under Article 3e(1) or Article 3f(2):
Data identifying the aircraft operator, including:
name of the aircraft operator,
its administering Member State,
its address, including postcode and country and, where different, its contact address in the administering Member State,
the aircraft registration numbers and types of aircraft used during the year covered by the application to perform the aviation activities listed in Annex I for which it is the aircraft operator,
the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Annex I for which it is the aircraft operator were performed,
address, telephone, fax and e-mail details for a contact person, and
name of the aircraft owner.
Tonne-kilometre data:
number of flights by aerodrome pair,
number of passenger-kilometres by aerodrome pair,
number of tonne-kilometres by aerodrome pair,
chosen method for calculation of mass for passengers and checked baggage,
total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Annex I for which it is the aircraft operator.]
the reported activity data and related measurements and calculations;
the choice and the employment of emission factors;
the calculations leading to the determination of the overall emissions; and
if measurement is used, the appropriateness of the choice and the employment of measuring methods.
the reported data is free of inconsistencies;
the collection of the data has been carried out in accordance with the applicable scientific standards; and
the relevant records of the installation are complete and consistent.
the provisions of this Directive, as well as relevant standards and guidance adopted by the Commission pursuant to Article 14(1);
the legislative, regulatory, and administrative requirements relevant to the activities being verified; and
the generation of all information related to each source of emissions in the installation, in particular, relating to the collection, measurement, calculation and reporting of data.
For this purpose:
in paragraph 3, the reference to operator shall be read as if it were a reference to an aircraft operator, and in point (c) of that paragraph the reference to installation shall be read as if it were a reference to the aircraft used to perform the aviation activities covered by the report;
in paragraph 5, the reference to installation shall be read as if it were a reference to the aircraft operator;
in paragraph 6 the reference to activities carried out in the installation shall be read as a reference to aviation activities covered by the report carried out by the aircraft operator;
in paragraph 7 the reference to the site of the installation shall be read as if it were a reference to the sites used by the aircraft operator to perform the aviation activities covered by the report;
in paragraphs 8 and 9 the references to sources of emissions in the installation shall be read as if they were a reference to the aircraft for which the aircraft operator is responsible; and
in paragraphs 10 and 12 the references to operator shall be read as if they were a reference to an aircraft operator.
all flights falling within an aviation activity listed in Annex I have been taken into account. In this task the verifier shall be assisted by timetable data and other data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator;
there is overall consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity.
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