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Directive 2003/87/EC of the European Parliament and of the CouncilShow full title

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (Text with EEA relevance)

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

  3. CHAPTER II AVIATION

    1. Article 3a. Scope

    2. Article 3b. Aviation activities

    3. Article 3c. Total quantity of allowances for aviation

    4. Article 3d. Method of allocation of allowances for aviation through auctioning

    5. Article 3e. Allocation and issue of allowances to aircraft operators

    6. Article 3f. Special reserve for certain aircraft operators

    7. Article 3g. Monitoring and reporting plans

  4. CHAPTER III STATIONARY INSTALLATIONS

    1. Article 3h. Scope

    2. Article 4.Greenhouse gas emissions permits

    3. Article 5.Applications for greenhouse gas emissions permits

    4. Article 6.Conditions for and contents of the greenhouse gas emissions permit

    5. Article 7.Changes relating to installations

    6. Article 8.Coordination with Directive 96/61/EC

    7. Article 9.National allocation plan

    8. Article 10.Method of allocation

    9. Article 11.Allocation and issue of allowances

  5. CHAPTER IV PROVISIONS APPLYING TO AVIATION AND STATIONARY INSTALLATIONS

    1. Article 11a. Use of CERs and ERUs from project activities in the Community scheme

    2. Article 11b. Project activities

    3. Article 12.Transfer, surrender and cancellation of allowances

    4. Article 13.Validity of allowances

    5. Article 14.Guidelines for monitoring and reporting of emissions

    6. Article 15. Verification

    7. Article 16.Penalties

    8. Article 17. Access to information

    9. Article 18.Competent authority

    10. Article 18a. Administering Member State

    11. Article 18b. Assistance from Eurocontrol

    12. Article 19.Registries

    13. Article 20.Central Administrator

    14. Article 21.Reporting by Member States

    15. Article 21a. Support of capacity-building activities

    16. Article 22.Amendments to Annex III

    17. Article 23.Committee

    18. Article 24.Procedures for unilateral inclusion of additional activities and gases

    19. Article 25.Links with other greenhouse gas emissions trading schemes

    20. Article 25a. Third country measures to reduce the climate change impact of aviation

    21. Article 26.Amendment of Directive 96/61/EC

    22. Article 27.Temporary exclusion of certain installations

    23. Article 28.Pooling

    24. Article 29. Force majeure

    25. Article 30.Review and further development

  6. CHAPTER V FINAL PROVISIONS

    1. Article 31.Implementation

    2. Article 32.Entry into force

    3. Article 33.Addressees

    1. ANNEX I

      CATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES

      1. 1. Installations or parts of installations used for research, development and...

      2. 2. The threshold values given below generally refer to production capacities...

    2. ANNEX II

      GREENHOUSE GASES REFERRED TO IN ARTICLES 3 AND 30

      1. Carbon dioxide (CO2)

      2. Methane (CH4)

      3. Nitrous Oxide (N2O)

      4. Hydrofluorocarbons (HFCs)

      5. Perfluorocarbons (PFCs)

      6. Sulphur Hexafluoride (SF6)

    3. ANNEX III

      CRITERIA FOR NATIONAL ALLOCATION PLANS REFERRED TO IN ARTICLES 9, 22 AND 30

      1. 1. The total quantity of allowances to be allocated for the...

      2. 2. The total quantity of allowances to be allocated shall be...

      3. 3. Quantities of allowances to be allocated shall be consistent with...

      4. 4. The plan shall be consistent with other Community legislative and...

      5. 5. The plan shall not discriminate between companies or sectors in...

      6. 6. The plan shall contain information on the manner in which...

      7. 7. The plan may accommodate early action and shall contain information...

      8. 8. The plan shall contain information on the manner in which...

      9. 9. The plan shall include provisions for comments to be expressed...

      10. 10. The plan shall contain a list of the installations covered...

      11. 11. The plan may contain information on the manner in which...

      12. 12. The plan shall specify the maximum amount of CERs and...

    4. ANNEX IV

      PRINCIPLES FOR MONITORING AND REPORTING REFERRED TO IN ARTICLE 14(1)

      1. PART A — Monitoring and reporting of emissions from stationary installations

        1. Monitoring of carbon dioxide emissions

        2. Calculation

        3. Measurement

        4. Monitoring of emissions of other greenhouse gases

        5. Reporting of emissions

      2. PART B — Monitoring and reporting of emissions from aviation activities

        1. Monitoring of carbon dioxide emissions

        2. Reporting of emissions

        3. Monitoring of tonne-kilometre data for the purpose of Articles 3e...

        4. Reporting of tonne-kilometre data for the purpose of Articles 3e...

    5. ANNEX V

      CRITERIA FOR VERIFICATION REFERRED TO IN ARTICLE 15

      1. PART A — Verification of emissions from stationary installations

        1. General Principles

          1. 1. Emissions from each activity listed in Annex I shall be...

          2. 2. The verification process shall include consideration of the report pursuant...

          3. 3. Reported emissions may only be validated if reliable and credible...

          4. 4. The verifier shall be given access to all sites and...

          5. 5. The verifier shall take into account whether the installation is...

        2. Methodology

          1. Strategic analysis

            1. 6. The verification shall be based on a strategic analysis of...

          2. Process analysis

            1. 7. The verification of the information submitted shall, where appropriate, be...

          3. Risk analysis

            1. 8. The verifier shall submit all the sources of emissions in...

            2. 9. On the basis of this analysis the verifier shall explicitly...

            3. 10. The verifier shall take into consideration any effective risk control...

          4. Report

            1. 11. The verifier shall prepare a report on the validation process...

          5. Minimum competency requirements for the verifier

            1. 12. The verifier shall be independent of the operator, carry out...

      2. PART B — Verification of emissions from aviation activities

        1. 13. The general principles and methodology set out in this Annex...

        2. Additional provisions for the verification of aviation emission reports

          1. 14. The verifier shall in particular ascertain that:

        3. Additional provisions for the verification of tonne-kilometre data submitted for...

          1. 15. The general principles and methodology for verifying emissions reports under...

          2. 16. The verifier shall in particular ascertain that only flights actually...

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