COMMISSION DECISION
of 8 June 2010
amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide
(notified under document C(2010) 3310)
(Text with EEA relevance)
(2010/345/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Articles 14(1) and 24(3) thereof,
Whereas:
(1)
Directive 2003/87/EC establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter ‘the Community scheme’). Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (2) amends Directive 2003/87/EC so as to include the capture, transport and geological storage of carbon dioxide (hereinafter ‘CO2’) within the Community scheme from the year 2013 onwards.
(2)
Pursuant to Article 14(1) of Directive 2003/87/EC, the Commission should adopt guidelines for monitoring and reporting of greenhouse gas emissions from activities covered by the Community scheme.
(3)
Before 2013, CO2 capture, transport and geological storage activities can be unilaterally included into the Community scheme by Member States pursuant to Article 24(1) of Directive 2003/87/EC.
(4)
Article 24(3) of Directive 2003/87/EC provides the legal basis for the Commission to adopt guidelines for activities not yet covered by Annex I to the Directive.
(5)
The Commission should adopt guidelines for monitoring and reporting of greenhouse gas emissions resulting from CO2 capture, transport and geological storage activities with a view to the inclusion of these activities in the Community scheme from 2013 and their possible unilateral inclusion in the Community scheme before 2013.
(6)
Commission Decision 2007/589/EC (3) should therefore be amended accordingly.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee referred to in Article 23 of Directive 2003/87/EC,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2007/589/EC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
The guidelines for the monitoring and reporting of greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, and of activities included pursuant to Article 24(1) of that Directive, are set out in Annexes I to XIV and XVI to XVIII to this Decision. The guidelines for the monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application pursuant to Article 3e or 3f of Directive 2003/87/EC are set out in Annex XV.
Those guidelines are based on the principles set out in Annex IV to that Directive.’
2.
The Table of Annexes is amended as follows:
(a)
the entry for Annex XII is replaced by the following:
‘Annex XII:
Guidelines for determination of emissions or amount of transfer of greenhouse gases by continuous measurement systems’;
(b)
the following titles of new Annexes XVI, XVII and XVIII are added:
‘Annex XVI:
Activity-specific guidelines for determination of greenhouse gas emissions from CO2 capture activities for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC of the European Parliament and of the Council (4).
Annex XVII:
Activity-specific guidelines for determination of greenhouse gas emissions from the transport of CO2 by pipeline for geological storage in a storage site permitted under Directive 2009/31/EC.
Annex XVIII:
Activity-specific guidelines for the geological storage of CO2 in a storage site permitted under Directive 2009/31/EC.
3.
Annex I is amended as set out in Part A of the Annex to this Decision.
4.
Annex XII is replaced by the text set out in Part B of the Annex to this Decision.
5.
Annex XVI is added as set out in Part C of the Annex to this Decision.
6.
Annex XVII is added as set out in Part D of the Annex to this Decision.
7.
Annex XVIII is added as set out in Part E of the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 June 2010.