MRV systems within the EU ETS (Directive
2003/81/EC) - relevant lessons for Moldova
Member State Experiences of climate policies, including
MRV system, implementation - a “mission impossible”
for small/EIT countries? Mr Zsolt Lengyel, Team Leader & Key Expert
22 July 2015, Chisinau, Moldova
Content of presentation
1. EU legislation: facing the acquis
2. Managing “the mission impossible”*
–with focus on the Slovenian example
3. Challenges for small/EIT countries
The term was coined by Mrs Nives Nared (Ministry of Agriculture and Environment, Slovenia); this presentation builds on her and the presenter's experience in Croatia, Bulgaria and Romania.
EU LEGISLATION related to CLIMATE CHANGE
Greenhouse Gas Monitoring and Reporting - Decision No. 280/2004/EC - Commission Decision No 2005/166/EC - 2010/778/EU: Commission Decision of 15 December 2010
amending Decision 2006/994/EC - Commission Decision of 14 December 2006 determining the
respective emission levels allocated to the Community and each of its MS under Kyoto Protocol pursuant to Commission Decision 2002/358/EC
- Council Decision 2002/358/EC
EU LEGISLATION related to CLIMATE CHANGE
EU Emissions Trading System - Directive 2003/87/EC (ETS Directive) amended by: - Directive 2004/101/EC (incl. CDM and JI) - Directive 2008/101/EC (incl. Aviation) - Directive 2009/29/EC (incl. Auctioning)
- Commission Regulation (EU) No 1193/2011 establishing a Union Registry for
the trading period commencing on 1 January 2013, and subsequent trading periods, and amending Commission Regulations (EC) No 2216/2004 and (EU) No 920/2010
- Commission Regulation (EU) No 1031/2010 amended by Commission Regulation (EU) No 1210/2011 (auctioning)
- Commission Decision of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (benchmarks for free allocation, …)
EU LEGISLATION related to CLIMATE CHANGE EU Emissions Trading System (cont.) - Commission Decision 2007/589/EC (monitoring and reporting) - Commission Decision 2009/450/EC (detailed interpretation of the
aviation activities) - Commission Regulation (EC) No 748/2009 (list of aircraft
operators) - Commission Decision of 24 December 2009 (carbon leakage) - Commission Regulation No 82/2010 (list of aircraft operators) - Commission Decision 2006/780/EC (avoiding double counting) - Commission Decision No 601/2012 (monitoring and Reporting
regulation - Commission Decision No 600/2012 (Verification and Accreditation
Regulation)
EU LEGISLATION related to CLIMATE CHANGE
Effort Sharing Decision - Decision No 406/2009/EC (Effort Sharing Decision) – non
ETS sectors Carbon Capture and Storage - Directive 2009/31/EC (CCS Directive)
EU LEGISLATION related to CLIMATE CHANGE
Transport/Fuels - Directive 98/70/EC (quality of petrol and diesel) - Directive 1999/94/EC (consumer information on CO2
emissions) - Directive 2009/30/EC (quality of petrol, diesel and gas-oil
and introducing a mechanism to monitor and reduce GHG emissions)
EU LEGISLATION related to CLIMATE CHANGE
Ozone Layer Protection - Regulation (EC) No 1005/2009 of the EP and of the Council
(on substances that deplete the ozone layer) - 2010/372/: Commission Decision of 18 June 2010 (on the use
of controlled substances) - Commission Regulation (EU) No 744/2010 (on substances
that deplete the ozone layer)
EU LEGISLATION related to CLIMATE CHANGE
Fluorinated Gases - Directive 2006/40/EC of the European Parliament and of the Council of 17
May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC
- Regulation (EC) No 842/2006 of the EP and of the Council (the format for
the report, submittted by producers, … of certain F-gases) - Commission Regulation (EC) No 1493/2007 (The format…) - Commission Regulation (EC) No 1494/2007( form of labels) - Commission Regulation (EC) No 1497/2007 (standard leaking checking) - Commission Regulation (EC) No. 1516/2007 (standard leakage shecking) - Commission Regulation (EC) No 303/2008 (minimum requirements and the
conditions for mutual recognition for the certification of companies and personnel)
- Commissin Regulation (EC) No 3014/2008 (minimum requirements…) - Commission Regulation (EC) No 305/2008 (minimum requirements…) - Commission Regulation (EC) No 306/2008 ( minimum requirements…) - Commission Regulation (EC) No 307/2008 (minimum requirements…) - Commission Regulation (EC) No 308/2008 (the format for notification)
HOW TO MANAGE “MISSION IMPOSSIBLE” (SI: 2003 to 2009)? :
1. Relatively small number of EU legal acts: Directive 2003/87/EC, Directive
2004/101/EC, monitoring decision, registry regulation 2. Relatively low level of harmonization e. g.: legal nature of allowances,
verification of the reports and verifiers, some definitions: combustion, cessation of operator, reduction and extension of activity etc.
3. Time pressure regarding transposition and implementation for 2005-2007
NAP 4. Lack of experience, institutions and human resources
TRANSPOSITION OF EU LEGISLATION 2003-2009
1. Environmental Protection Act (2004, ammended 2008, 2009): Transposition of ETS, Ozone deplete layer, F-gases, partly fuels 2. Main secondary legislation:
- Regulation on Registry - Regulation on activities and GHG’s - Ordinance on Registy - Ordinance on verification and verifiers - Regulations on ozone deplete substances - Regulations on F-gases - Regulations on quality of fuels
INSTITUTIONS RESPONSIBLE FOR IMPLEMENTATION OF ETS 2005-2012
1. Ministry of Environment :
• drafting regulations, preparing policies, preparing of NAP’s (together with Ministry of economy and Ministry of finance), executing exams for single verifiers (as experts)
2. Environment Agency :
• issuing GHG permitts, • approval of monitoring plans, • registry (licence), issuing authorisation for verifiers (as legal bodies),
national inventories on GHG emissions
SECOND PHASE 2008 onwards (in SI): 1. Greater number of EU legal acts: Directive 2004/101/EC, Directive
2008/101/EC, Regulation (EC) no. 219/2009, Directive 2009/29/EC, Monitoring decisions, Accreditation and Verification Regulation, Registry Regulation, Auctioning Regulation, Benchmark Decision, Carbon Leakage decision, …
3. ALSO: Directive 2009/30/EC and 2009/31/EC 4. Greater level of harmonization e. g.: Union registry, auctioning, legal nature
of allowances, verification and accreditaion of verifiers, harmonized definitions: combustion, new entrant, closure, cessation of operation of an installation, capacity extension and reduction etc.
5. Still time pressure regarding implementation for 2013 – 2020 NIM’s 6. MORE LEGISLATION BUT STILL THE SAME HUMAN RESOURCES
TRANSPOSITION OF CLIMATE-ENERGY PACKAGE FOR 2013-2020 PERIOD
1. Amendments to Environmental Protection Act (end of 2012; also take into
account the remaining part of the Directive 2009/29/EC and relevant EU ETS Regulations and Decisions)
2. Harmonization of Regulations and Decrees regarding harmonized EU ETS
legislation (registry, verification and acreditation, benchmark (end of 2012)
3. New Energy Act (transposition of fuels and part of the CCS)
4. New Mining Act (transposition of main part of CCS: storage)
5. Implementation of ESD
IMPLEMENTATION TOO SLOW- WHAT WENT WRONG?
Sometime unsatisfactory implementation (only small part of
measures implemented) Measures with highest reduction potential
Technical renovation of coal powerplants too slow Energy efficiency measures and RES, Higher emissions from transport, specially transit transport
and lack of public transport promotion and implementation
2006 PROGRAME REDRAFTING – VALUE ADDED
Precise obligation of particular ministries Precise deadlines for particular measures Evaluation of financial consequences for not fullfilling
Kyoto obligation Clear figures on financial sources needed in each
particular budgetary year 2009-2012 per ministry, per measure
Clear yearly reporting obligation on implementation of measures
PROGRAMME OF MEASURES 2008
1. EMISSION TRADING SHEME 2. Environmental efficiency of electricity production in LCPs 3. Energy efficiency measures in industry, 4. CHP promotion, 5. Production of electricity production from RES, 6. Promotion of RES for heating 7. Promotion of energy efficiency in pucblic sector 8. Energy labelling and minimum standards for za izdelke in naprave 9. Energy efficiency of buildings 10. Reduction of GHG emissions from personal cars 11. Promotion of biofuels 12. Promotion of public transport 13. Sustainable cargo transport 14. GHG emissions from transit transport 15. F-gases 16. Ecological farming
PROGRAMME OF MEASURES cont.
17. Reduction of emissions from waste 18. Sustainable forest management and sinks 19. CO2 tax, energy taxation, pricing policy 20. Use of flexible mechanisms (CDM, JI) 21. Awareness raising, education 22. R & D 23. Measures implementation reporting, 24. Evaluation of measures
CHALLENGES for “small countries” before becoming a MS
create same systems, same procedures, requirements as “big” MS
lack of human resources not even one person per Directive multifunctional, multipractical teams: creativity and inspiration is wellcome lack of knowledge, lack of experiences, »copy & paste« incoming EU envir. legislation try to catch up legislation transposition implementation lagging behind early communication with stakeholders (industry, NGO’s);
for MRV in ETS this is absolutely crucial
CHALLENGES when becoming a MS
still lack of human resources
still multifunctional and multipractical teams:creativity and inspiration is highly appreciated
lawyers and technical experts jointly drafting the legislation
possibility for co-creation of EU legal framework
transposition as for “big” MS
implementation still lagging behind
HOW TO OVERCOME CHALLENGES OF A “SMALL” MS
share experiances of “big” and “small” MS share experiances of “older” MS do not copy & paste (take into account own legal
system, culture, institutions !!!), meetings in Bruxelles/EU-MS projects main
“source” of “know how” close cooperation with institutions involved
(ministries, agencies, officies etc.) close cooperation with main stakeholders
(industry, NGO’s) awareness raising to speed up implementation
HOW TO OVERCOME THE CHALLENGES
Learning by doing and start early – emissions trading is not simple!
Develop longer term objectives, plan improvements along the way
Learn from others, the solutions they arrived at and good practices they developed. Innovation rests on further development of experiences of others and efforts and achievements they made
Support in the own organisation is critical and organise early on in your organisation the expertise on monitoring and reporting processes
How to contact us
The project team can be contacted at personal e-mail addresses (zsolt.lengyel [ at ] climaeast.eu, victor.cotruta [ at ] climaeast.eu)
and :
[email protected] Clima East Office
c/o Milieu Ltd Chaussée de Charleroi No. 112, First Floor
1060 Brussels (Belgium) Tel: +32 2506 1000
Website:
English: www.climaeast.eu Russian: http://russian.climaeast.eu/
