CHAPTER IIIMONITORING OF EMISSIONS OF STATIONARY INSTALLATIONS

SECTION 4 Special provisions

Article 49Transferred CO2

1.

The operator shall subtract from the emissions of the installation any amount of CO2 originating from fossil carbon in activities covered by Annex I to Directive 2003/87/EC, which is not emitted from the installation, but transferred out of the installation to any of the following:

(a)

a capture installation for the purpose of transport and long-term geological storage in a storage site permitted under Directive 2009/31/EC;

(b)

a transport network with the purpose of long-term geological storage in a storage site permitted under Directive 2009/31/EC;

(c)

a storage site permitted under Directive 2009/31/EC for the purpose of long-term geological storage.

For any other transfer of CO2 out of the installation, no subtraction of CO2 from the installation’s emissions shall be allowed.

2.

The operator of the installation out of which the CO2 transferred shall provide in its annual emission report the receiving installation’s installation identification code recognised in accordance with Commission Regulation (EU) No 1193/2011 of 18 November 2011 establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council and amending Regulations (EC) No 2216/2004 and (EU) No 920/201011.

The first subparagraph shall also apply to the receiving installation with respect to the transferring installation’s installation identification code.

3.

For the determination of the quantity of CO2 transferred from one installation to another, the operator shall apply a measurement-based methodology including in accordance with Articles 43, 44 and 45. The emission source shall correspond to the measurement point and the emissions shall be expressed as the quantity of CO2 transferred.

4.

For determining the quantity of CO2 transferred from one installation to another, the operator shall apply tier 4 as defined in section 1 of Annex VIII.

However, the operator may apply the next lower tier provided that it establishes that applying tier 4 as defined in section 1 of Annex VIII is technically not feasible or incurs unreasonable costs.

5.

The operators may determine quantities of CO2 transferred out of the installation both at the transferring and at the receiving installation. In that case, Article 48(3) shall apply.