Commission Decision of 10 February 2005 laying down rules 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 (notified under document number C(2005) 247) (2005/166/EC)

Article 21 The review, adjustment and compliance procedures under the UNFCCC and the Kyoto Protocol pursuant to Article 8(1)(b) and (c) of Decision No 280/2004/EC

1. If on 1 June a Member State has not submitted its annual inventory report to the UNFCCC, it shall immediately notify the Commission.

2. Member States shall notify the Commission within one week of receiving any of the following information from the UNFCCC:

(a) indications by an expert review team of problems related to the Member State’s inventory which would need an adjustment;

(b) corrections to the inventory estimates applied in agreement between the Member State and the expert review team to the inventory submission concerned;

(c) adjusted estimates contained in a draft individual inventory review report applied where the Member State did not correct the problem to the satisfaction of the expert review team;

(d) questions of implementation that have been submitted to the Compliance Committee under the Kyoto Protocol, the notification by the Compliance Committee to proceed with a question of implementation, and all preliminary findings and decisions of the Compliance Committee and its branches concerning the Member State.

With regard to point (a) the Member State shall notify the Commission on how it plans to address the problems identified by the expert review team.

With regard to point (c) the Member State shall notify the Commission whether it accepts or rejects the proposed adjustments.

The Commission shall inform the other Member States within one week of receipt of the information in points (a) to (d) from the Member State concerned.

3. The Commission shall inform all Member States within one week of the receipt of the following information from the UNFCCC:

(a) indications by an expert review team of problems related to the Community’s inventory which would need an adjustment;

(b) corrections to the inventory estimates applied in agreement between the Community and the expert review team to the inventory submission concerned;

(c) adjusted estimates contained in a draft individual inventory review report applied where the Community did not correct the problem to the satisfaction of the expert review team;

(d) questions of implementation that have been submitted to the Compliance Committee under the Kyoto Protocol, the notification by the Compliance Committee to proceed with a question of implementation, and all preliminary findings and decisions of the Compliance Committee and its branches concerning the Community.

4. Member States shall coordinate their response to the review process in relation to obligations under Decision No 280/2004/EC with the Commission:

(a) within the timeframes provided pursuant to the Kyoto Protocol, if the adjusted estimates in a single year or the cumulative adjustments in subsequent years of the commitment period for one or more Member States would imply adjustments of the Community inventory to an amount leading to a failure to meet the methodological and reporting requirements under Article 7(1) of the Kyoto Protocol for the purpose of the eligibility requirements as set out in the guidelines under Article 7 of the Kyoto Protocol;

(b) within two weeks prior to the submission to the relevant bodies under the Kyoto Protocol of the following:

(i)

a request to revise an adjustment;

(ii)

a request for reinstatement of eligibility;

(iii)

a response to a decision to proceed with a question of implementation or to preliminary findings of the Compliance Committee.

5. Member States shall inform the Commission and other Member States on adjustments calculated for their inventory estimates during the voluntary adjustment procedure applied pursuant to the technical guidance for adjustments.