
COMMISSION DECISION of 4 May 2005 establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (notified under document number C(2005) 1359) (Text with EEA relevance) (2005/381/EC) (revoked) 

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Article 1 
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Article 2 
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Article 3 
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ANNEX

                     QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 2003/87/EC
                  
1. 
                        Details of institution submitting the report
                      

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2. 
                        Responsible authorities in the emissions trading scheme (eu ets) and coordination between authorities
                      

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3. 
                        Coverage of activities, installations and aircraft operators
                      

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4. 
                        The issue of permits for installations
                      

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5. 
                        Application of the monitoring and reporting regulation
                      
 5.A. 
                           General
                         


                              Question 5.1
                           , 
                              5.2, 5.3 and 5.4 are to be answered in the report due by 
                              30 June 2014
                               and in subsequent reports if changes have occurred during the reporting period.
                           
 5.1. 
                           Has additional national legislation been implemented to assist in the application of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please specify below for which areas additional national legislation has been implemented.

Has additional national guidance been developed to support the understanding of Regulation (EU) No 601/2012? Yes/No

If yes, please specify below for which areas additional national guidance has been developed.
 5.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 5.3. 
                           Have you developed Member State customised electronic templates or specific file formats for monitoring plans, emissions reports, verification reports and/or improvement reports? Yes/No
                         

If yes, please complete the tables below.





What measures have you implemented to comply with the requirements in Article 74(1) and (2) of Regulation (EU) No 601/2012? Please specify below.
 5.4. 
                           Have you developed an automated system for electronic data exchange between operators or aircraft operators and the competent authority and other parties? Yes/No
                         

If yes, please specify below what provisions you have implemented to comply with the requirements in Article 75(1) and (2) of Regulation (EU) No 601/2012.
 5.B. 
                           Installations
                         


                              Questions 5.7, 5.9, the second sub-question of 5.17 and the questions 5.19 and 5.20 are to be answered in the report due by 
                              30 June 2014
                               and in subsequent reports if changes have occurred during the reporting period.
                           
 5.5. 
                           In the table below, please complete, for the fuels listed, the total fuel consumption and total annual emissions based on data reported in the operator’s emissions reports for the reporting year.
                         


 5.6. 
                           In the table below, please complete the aggregate total emissions for each reported IPCC Common Reporting Format (CRF) category based on the data provided in the operator’s emissions reports in accordance with Article 73 of Regulation (EU) No 601/2012.
                         


 5.7. 
                           In the table below, please indicate:
                         


— the number of installations for which the competent authority has approved literature values referred to in Article 31(1)(c) of Regulation (EU) No 601/2012;
— the value, fuel type and calculation factor concerned as well as the source and justification for these literature values;
— the number of installations for which the competent authority has approved Type I default values, i.e. values referred to in Article 31(1)(d) and (e) of Regulation (EU) No 601/2012;
— the value, fuel type or material type and calculation factor concerned as well as the source and justification for these Type I default values.



How many of the Type I default values are values listed in Annex VI to Regulation (EU) No 601/2012 as referred to in Article 31(1)(a) of that Regulation?


 5.8. 
                           Have sampling plans been drawn up in all cases required under Article 33 of Regulation (EU) No 601/2012? Yes/No
                         

If no, please indicate below the cases and reasons for not drawing up a sampling plan.

Are you aware of any particular problems or issues concerning sampling plans set-up by operators? Yes/No

If yes, please specify below problems or issues that have arisen.
 5.9. 
                           In the table below, please indicate the number of installations for which the competent authority has allowed a different frequency in accordance with Article 35(2)(b) of Regulation (EU) No 601/2012 as well as confirmation that the sampling plan in those cases is fully documented and adhered to.
                         


 5.10. 
                           If the highest tier approaches for major source streams of category C installations referred to in Article 19(2)(c) of Regulation (EU) No 601/2012 are not applied, please indicate in the table below, for each installation for which this situation occurred, the affected source streams, the affected monitoring parameter, the highest tier required under Regulation (EU) No 601/2012 and the tier applied.
                         


 5.11. 
                           In the table below, please indicate the number of category B installations referred to in Article 19(2)(b) of Regulation (EU) No 601/2012 that do not apply the highest tier for all major source streams and all major emission sources
                           
                            in accordance with Regulation (EU) No 601/2012.
                         


 5.12. 
                           Have installations in your Member State applied the fall-back approach in accordance with Article 22 of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please complete the table below.


 5.13. 
                           Please indicate in the table below the number of category A, B and C installations that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information in the table below relates to the previous reporting period.
                         


 5.14. 
                           Has inherent CO
                           
                              2
                           
                            in accordance with Article 48 or CO
                           
                              2
                           
                            in accordance with Article 49 of Regulation (EU) No 601/2012 been transferred in your Member State? Yes/No
                         

If yes, please complete the table below.


 5.15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 5.16. 
                           Did any installations in your Member State apply continuous emissions measurement in accordance with Article 40 of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please indicate in the table below, the total emissions of each installation, the emissions covered by continuous emission measurement, and whether the measured gas contains biomass CO
                                 2
                              .


 5.17. 
                           In the table below, please indicate for each main activity listed in Annex I to Directive 2003/87/EC:
                         


— the number of category A, B and C installations using biomass;
— the total emissions from biomass which are considered zero rated, i.e. where no sustainability criteria apply or where the sustainability criteria are complied with;
— the total emissions from biomass which are not considered zero rated, i.e. where sustainability criteria apply but the sustainability criteria are not complied with;
— the energy content of the biomass which is considered zero rated; and
— the energy content of the biomass which is not considered zero rated.



Which of the methods to demonstrate compliance with sustainability criteria are in general applied in your Member State? Please describe below the main elements if national systems are used to demonstrate this compliance.
 5.18. 
                           What was for each waste type the total quantity of fossil CO
                           
                              2
                           
                            emissions from waste used as fuel or input material, as reported by operators in their verified emissions report? Please answer by using the table below. Add further rows if necessary.
                         


 5.19. 
                           Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please specify in the table below what sort of risk assessment was carried out and on which principles it was configured.


 5.20. 
                           Have innovative ways been used to simplify compliance for installations with low emissions referred to in Article 47(2) of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please specify per item in the table below. Add further rows if necessary.


 5.C. 
                           Aircraft operators
                         


                              Questions 5.26 and 5.27 are to be answered in the report due by 
                              30 June 2014
                               and in subsequent reports if changes have occurred during the reporting period.
                           
 5.21. 
                           How many aircraft operators are using Method A or B to determine the fuel consumption? Please answer using the table below.
                         


 5.22. 
                           In the table below, please specify the aggregate total emissions of all flights and domestic flights carried out in the reporting period by aircraft operators for which you are the administering Member State.
                         


 5.23. 
                           In the table below, please indicate:
                         


— the number of aircraft operators using biofuels;
— the total emissions from biofuels which are considered zero rated, i.e. where the sustainability criteria are complied with;
— the total emissions from biofuels which are not considered zero rated, i.e. where sustainability criteria apply but the sustainability criteria are not complied with;
— the energy content of the biofuels which is considered zero rated; and
— the energy content of the biofuels which is not considered zero rated.


 5.24. 
                           In the table below, please indicate:
                         


— the number of small emitters using the small emitters tool (SET) to determine the fuel consumption;
— the number of small emitters whose emission report is based on the SET and generated from the EU ETS support facility independently from any input of the aircraft operator;
— the number of aircraft operators using an alternative method to determine the emissions of missing flights; and
— the number of aircraft operators using the small emitters tool to determine the emissions of missing flights in accordance with Article 65(2) of Regulation (EU) No 601/2012.


 5.25. 
                           In the table below, please indicate the number of aircraft operators that were required to submit and actually submitted an improvement report in accordance with Article 69 of Regulation (EU) No 601/2012. The information requested in the table below relates to the previous reporting period.
                         


 5.26. 
                           Has your Member State allowed use of any simplified monitoring plans in accordance with Article 13(2) of Regulation (EU) No 601/2012? Yes/No.
                         

If yes, please specify in the table below what type of risk assessment was carried out and on which principles it was configured.


 5.27. 
                           Have innovative ways been used to simplify compliance for small emitters as referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please specify per item in the table below. Add further rows if necessary.



6. 
                        Arrangements for verification
                      
 6.A. 
                           General
                         
 6.1. 
                           Please indicate in the table below the number of verifiers accredited for a particular scope of accreditation referred to in Annex I to Regulation (EU) No 600/2012. If Member States have allowed certification of natural person verifiers pursuant to Article 54(2) of Regulation (EU) No 600/2012, please indicate also the number of natural person verifiers certified for a particular scope of certification referred to in Annex I to Regulation (EU) No 600/2012.
                         


 6.2. 
                           In the table below, please provide information on the application of the requirements on information exchange specified in Chapter VI of Regulation (EU) No 600/2012
                         


 6.B. 
                           Installations
                         
 6.3. 
                           For which installations did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary.
                         


 6.4. 
                           Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/No
                         

If yes, please provide information in the table below:


 6.5. 
                           Did the competent authority carry out any checks on verified emissions reports? Yes/No
                         

If yes, please specify what checks were carried out using the table below:


 6.6. 
                           Have site visits been waived for installations emitting more than 
                           25 000
                            tonnes CO
                           
                              2(e)
                           
                            per year? Yes/No
                         

If yes, please indicate in the table below the number of installations for which a site visit was waived under a particular condition. Add further rows if necessary.



Were site visits waived for installations with low emissions referred to in Article 47(2) of Regulation (EU) No 601/2012? Yes/No

If yes, please indicate in the table below the number of installations for which a site visit was waived.


 6.C. 
                           Aircraft operators
                         
 6.7. 
                           For which aircraft operators did the competent authority make a conservative estimation of emissions in accordance with Article 70(1) of Regulation (EU) No 601/2012? Please answer using the table below. Add further rows if necessary.
                         


 6.8. 
                           Did any verification report include non-material misstatements, non-conformities that did not lead to a negative verification opinion statement, non-compliance with Regulation (EU) No 601/2012 or recommendations for improvement? Yes/No
                         

If yes, please provide information in the tables below for emissions and tonne-kilometre data respectively.




 6.9. 
                           Did the competent authority carry out any checks on verified emissions reports? Yes/No
                         

If yes, please specify what checks were carried out using the tables below for emissions and tonne-kilometre data respectively.




 6.10. 
                           Were site visits waived for small emitters referred to in Article 54(1) of Regulation (EU) No 601/2012? Yes/No
                         

If yes, please indicate in the table below the number of small emitters for which a site visit was waived.



7. 
                        Registries
                      
 7.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 7.2. 
                        In all cases where an account was closed because there was no reasonable prospect of further allowances being surrendered by an installation or aircraft operator, please describe in the table below why there was no reasonable further prospect and state the amount of outstanding allowances. Add further rows if necessary.
                      

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 7.3. 
                        On how many occasions during the reporting year did aircraft operators use the mandate as provided for in Article 17(3) of Commission Regulation (EU) No 389/2013
                        
                        ? Please specify below the number of occasions.
                      



Which aircraft operators used a mandate during the reporting period as provided for in Article 17(3) of Regulation (EU) No 389/2013? Please provide the information by using the table below. Add further rows if necessary.



8. 
                        Allocation
                      
 8.1. 
                        In the table below, please specify the number of changes that occurred to installations and their allocation since the start of the third trading period and during the reporting period.
                      

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 8.2. 
                        Were any planned or effective changes to the capacity, activity levels or operation of an installation, as referred to in Article 24 of Decision 2011/278/EU, not notified to the competent authority? Yes/No
                      

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 8.3. 
                        Have you applied Article 10c of Directive 2003/87/EC? Yes/No
                      

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9. 
                        Use of emission reduction units (ERUs) and certified emission reduction (CERs) in the Community scheme
                      

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10. 
                        Fees and charges
                      

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11. 
                        Issues related to compliance with the ETS Directive
                      
 11.A. 
                           Installations
                         


                              Questions 11.1 and 11.2 are to be answered in the report due by 
                              30 June 2014
                               and in subsequent reports if changes have occurred during the reporting period.
                           
 11.1. 
                           In the table below, please specify what measures have been taken to ensure that operators complied with the permit and Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary.
                         


 11.2. 
                           In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.
                         


 11.3. 
                           In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.
                         


 11.4. 
                           In the table below, please provide the names of operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.
                         


 11.B. 
                           Aircraft operators
                         


                              Questions 11.5, 11.6 and 11.9 are to be answered in the report due by 
                              30 June 2014
                               and in subsequent reports if changes have occurred during the reporting period
                           
 11.5. 
                           In the table below, please specify what measures have been taken to ensure that aircraft operators complied with Regulation (EU) No 601/2012 and with Regulation (EU) No 600/2012. Add further rows if necessary.
                         


 11.6. 
                           In the table below, please state the penalties for infringements of Regulation (EU) No 601/2012, Regulation (EU) No 600/2012 and national law pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.
                         


 11.7. 
                           In the table below, please specify infringements incurred and penalties imposed during the reporting period pursuant to Article 16(1) of Directive 2003/87/EC. Add further rows if necessary.
                         


 11.8. 
                           In the table below, please provide the names of aircraft operators for which excess emission penalties were imposed during the reporting period pursuant to Article 16(3) of Directive 2003/87/EC.
                         


 11.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. 
                        The legal nature of emission allowances and fiscal treatment
                      

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13. 
                        Fraud
                      

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14. 
                        Other observations
                      
 14.1. 
                        In the table below, please provide details of any other issues that give rise to concerns in your Member State, or any other relevant information you would like to provide.
                      

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 14.2. 
                        Have you addressed all one-off questions in this questionnaire and updated the responses to those questions where relevant? Yes/No
                      

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