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)

CHAPTER V U.K. Procedures and time scales for cooperation and coordination

Article 20 U.K. The compilation of the Community greenhouse gas inventory and inventory report pursuant to Article 8(1)(a) of Decision No 280/2004/EC

1. Member States shall use the ReportNet tools of the European Environment Agency, provided pursuant to Regulation (EC) No 1641/2003 of the European Parliament and of the Council(1), for the submission of annual information under Article 3(1) of Decision No 280/2004/EC.

2. Any updated data provided by Member States in accordance with Article 4(1) of Decision No 280/2004/EC shall be limited to providing missing data and removing inconsistencies.

3. The procedures and timetable for the compilation of the Community inventory and the inventory report are set out in Annex VI.

Article 21 U.K. 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.

Article 22 U.K. The preparation of the reports on demonstration of progress pursuant to Article 8(1)(d) of Decision No 280/2004/EC

1. The Commission draft report on the demonstration of progress achieved by 2005 by the Community shall be circulated to Member States by 30 July 2005. Member States shall provide any comments by 31 August 2005 at the latest.

2. Member States shall submit their reports on the demonstration of progress achieved by 2005 to the UNFCCC secretariat by 1 January 2006 and shall on the same date provide the Commission with an electronic copy of that submission.

Article 23 U.K. Reporting on the determination of the assigned amount pursuant to Article 8(1)(e) of Decision No 280/2004/EC

1. Each Member State shall, by 15 January 2006, submit the following information to the Commission:

(a) the complete time series of inventories of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol as reported to the UNFCCC;

(b) the identification of its selected base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride as reported to the UNFCCC;

(c) its proposal for its emission level in terms of tonnes of carbon dioxide equivalent pursuant to Article 3 of Decision 2002/358/EC and Article 3(7) and (8) of the Kyoto Protocol, following the establishment of definitive base-year emission figures and on the basis of the quantified emission limitation or reduction commitments set out in Annex II to Decision 2002/358/EC and the Kyoto Protocol, taking into account the methodologies for estimating anthropogenic emissions by sources and removals by sinks referred to in Article 5(2) of the Kyoto Protocol and the modalities for the calculation of assigned amount pursuant to Article 3(7) and (8) of the Kyoto Protocol.

(d) the calculation of its commitment period reserve as 90 % of its proposed assigned amount or 100 % of five times its most recently reviewed inventory, whichever is the lowest;

(e) the identification of its selection of single minimum values for tree crown cover, land area and tree height for use in accounting for its activities under Article 3(3) and (4) of the Kyoto Protocol, together with a justification of the consistency of those values with the information that has been historically reported to the Food and Agriculture Organisation of the United Nations or other international bodies, and in the case of difference, an explanation of why and how such values were chosen, in accordance with definitions, modalities, rules and guidelines relating to land use, land-use change and forestry activities under the Kyoto Protocol;

(f) the identification of its election of activities under Article 3(4) for inclusion in its accounting for the first commitment period, together with information on how its national system under Article 5(1) of the Kyoto Protocol will identify land areas associated with the activities, in accordance with definitions, modalities, rules and guidelines relating to land use, land-use change and forestry activities under the Kyoto Protocol;

(g) the identification of whether, for each activity under Article 3(3) and (4) of the Kyoto Protocol it intends to account annually or for the entire commitment period;

(h) a description of its national system in accordance with Article 5(1) of the Kyoto Protocol, in accordance with the guidelines under Article 7 of the Kyoto Protocol;

(i) a description of its national registry, in accordance with the guidelines under Article 7 of the Kyoto Protocol.

Member States not listed in Annex II to Decision 2002/358/EC shall submit this information by 15 June 2006.

2. The timetable for the preparation and submission of the reports referred to in Article 7(1) of Decision No 280/2004/EC and submitted in accordance with the modalities for the accounting of assigned amounts under Article 7(4) of the Kyoto Protocol is set out in Annex VII.

Article 24 U.K. Reporting in relation to the additional period for fulfilling commitments pursuant to Article 8(1)(f) of Decision No 280/2004/EC

1. The Member State reports upon expiration of the additional period for fulfilling commitments shall be submitted to the UNFCCC Secretariat and the Commission within one month after the expiration of the additional period for fulfilling commitments.

2. The Community report upon expiration of the additional period for fulfilling commitments shall be submitted to the UNFCCC Secretariat within one month after the receipt of the Member State reports referred to in paragraph 1.

(1)

OJ L 245, 29.9.2003, p. 1.