Commission Decision of 16 April 2009 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities (notified under document number C(2009) 2887) (Text with EEA relevance) (2009/339/EC)

A. Annex I is amended as follows: U.K.

1.

in Section 1, the words ‘Annexes II to XI’ are replaced by the words ‘Annexes II to XI and XIII-XV’;

2.

Section 2 shall be amended as follows:

(a)

the introductory part is replaced by the following:

‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’;

(b)

paragraph 1 is amended as follows:

(i)

point (c) is replaced by the following:

‘(c)

“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’

(ii)

point (e) is replaced by the following:

‘(e)

“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’

(iii)

in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;

(iv)

point (g) is replaced by the following:

‘(g)

“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’

(v)

point (i) is replaced by the following:

‘(i)

“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’

(vi)

in point (j), the period at the end is replaced by the following:

‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;

(c)

in paragraph 2, point (h) is replaced by the following:

‘(h)

“commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;

(d)

paragraph 4 is amended as follows:

(i)

the last sentence of point (a) is replaced by the following:

‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;

(ii)

point (c) is replaced by the following:

‘(c)

“de minimis source streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO₂ or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO₂ per year) of total annual emissions of fossil CO₂ of that installation or aircraft operator before subtraction of transferred CO₂, whichever is the highest in terms of absolute emissions;’

(iii)

point (e) is replaced by the following:

‘(e)

“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO₂ or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO₂ per year), to the total annual emissions of fossil CO₂ of an installation or aircraft operator before subtraction of transferred CO₂, whichever is the highest in terms of absolute emissions.’;

(e)

paragraph 5 is amended as follows:

(i)

point (e) is replaced by the following:

‘(e)

“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’

(ii)

point (g) is replaced by the following:

‘(g)

“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’

(iii)

in paragraph 5, point (h) and (i) are replaced by the following:

‘(h)

“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;

(i)

“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’

(f)

the following paragraph 6 is added:

‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:

(a)

“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;

(b)

“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;

(c)

“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;

(d)

“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;

(e)

“passengers” means the persons onboard the aircraft during a flight excluding its crew members;

(f)

“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;

(g)

“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;

(h)

“tonne-kilometre” means a tonne of payload carried a distance of one kilometre.’

3.

Section 3 is amended as follows:

(a)

in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’;

(b)

the fifth paragraph is replaced by the following:

‘Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’;

(c)

in the sixth paragraph, the third sentence is replaced by the following:

‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’;

4.

Section 4.1 is amended as follows:

(a)

the first paragraph is replaced by the following:

‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’;

(b)

in the second paragraph, the second sentence is replaced by the following:

‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’;

(c)

the third paragraph is replaced by the following:

‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’;

5.

the first sentence of section 4.2 is replaced by the following:

‘Annex IV to Directive 2003/87/EC allows a determination of emissions of installations using either:’;

6.

Section 4.3 is amended as follows:

(a)

in the first paragraph the following sentence is added:

‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’;

(b)

the third paragraph is replaced by the following:

‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’;

7.

Section 5 is amended as follows:

(a)

the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:

‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO₂ per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO₂/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO₂. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’;

(b)

in section 5.2, the first sentence is replaced by the following:

‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’;

(c)

the heading of section 5.3 is replaced by the following:

‘5.3.FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’;

(d)

the heading of section 5.4 is replaced by the following:

‘5.4.ACTIVITY DATA OF STATIONARY INSTALLATIONS’;

(e)

The second paragraph of section 5.5 is replaced by the following:

‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO₂/t rather than t CO₂/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’;

8.

the heading of section 6 is replaced by the following:

‘6. MEASUREMENT BASED METHODOLOGIES FOR STATIONARY INSTALLATIONS’;

9.

Section 7.1 is amended as follows:

(a)

the second paragraph is replaced by the following:

‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’;

(b)

the first sentence of the fifth paragraph is replaced by the following:

‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’;

10.

Section 8 is amended as follows:

(a)

the first paragraph is replaced by the following:

‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’;

(b)

the 11th paragraph is replaced by the following:

‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’;

11.

Section 9 is amended as follows:

(a)

the first and second paragraphs are replaced by the following:

‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.

The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’;

(b)

in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’;

(c)

the fifth indent of the fifth paragraph is replaced by the following:

• ‘documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;

(d)

The following paragraph is added at the end of section 9:

‘The following additional information shall be retained for aviation activities:

• the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,

• the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,

• data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,

• documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;

12.

Section 10 is amended as follows:

(a)

in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;

(b)

in Section 10.4.1, the third paragraph is replaced by the following:

‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’;

(c)

in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:

• ‘understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’

(d)

in Section 10.4.2, Table 3 is replaced by the following table:

‘Table 3

	Materiality Level
Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2	5 %
Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2	2 %’

13.

Section 11 in table 4, after the entry for ‘kerosene’, the following new entries are inserted:

Fuel	Emission factor(tCO2/TJ)	Net Calorific Value(TJ/Gg)
	2006 IPCC guidelines(exept biomass)	2006 IPCC guidelines
‘Aviation gasoline (AvGas)	70,0	44,3
Jet gasoline (Jet B)	70,0	44,3
Jet kerosene (jet A1 or jet A)	71,5	44,1’

14.

In section 13.5.2, the third sentence of the first paragraph is replaced by the following:

‘The respective laboratories and relevant analytical procedures shall be listed in the monitoring plan.’

15.

In Section 14, first paragraph, the first sentence is replaced by the following:

‘Unless otherwise provided by an activity-specific Annex, the following tables shall be used as a basis for reporting and may be adapted corresponding to the number of activities, type of installation, fuels and processes monitored.’

16.

Section 15 is amended as follows:

(a)

in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:

‘3. Transport

(a) Civil Aviation’

(b)

in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO₂ emissions from biomass’:

‘International Bunkers, Aviation’

(1)

Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’