Machine Translated by Google Decision no. 780 of 14/06/2006 Consolidated version on: 30/04/2013 Decision on establishing the scheme for greenhouse gas emission allowance trading Text updated on 30.04.2013. The act includes amendments to the following acts: - Decision no. 133/2010 published in the Official Gazette, Part I no. 155 of 10/03/2010. - Decision no. 399/2010 published in the Official Gazette, Part I no. 286 of 30/04/2010. - Decision no. 1300/2010 published in the Official Gazette, Part I no. 874 of 28/12/2010. - GEO no. 115/2011 published in the Official Gazette, Part I no. 926 of 28/12/2011. - Decision no. 204/2013 published in the Official Gazette, Part I no. 248 of 30/04/2013. ___________ Implemented by: - Procedure published in the Official Gazette, Part I no. 680 of 01/10/2012. Having regard to the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand Duchy of Luxembourg, The Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (EU Member States) and Bulgaria and Romania on the accession of the Republic of Bulgaria and Romania to the European Union, signed by Romania in Luxembourg on April 25, 2005, ratified by Law no. 157/2005, pursuant to art. 108 of the Romanian Constitution, republished, and of art. 60 para. (1) of the Emergency Ordinance a Government no. 195/2005 on environmental protection, The Government of Romania adopts the present decision. Art. 1. - This decision establishes: a) the scheme for trading greenhouse gas emission certificates in order to promote the reduction greenhouse gas emissions in an economically efficient way; b) increasing the level of reduction of greenhouse gas emissions, so as to contribute to obtaining levels of reduction considered necessary from a scientific point of view to avoid dangerous climate change. ___________ Art. 1. - was modified by point 1. of Decision no. 204/2013 starting with 30.04.2013. Art. 2. - This decision applies to emissions from the activities provided in Annex no. 1 and greenhouse gases provided in annex no. 2, in compliance with, as the case may be, the provisions of the Government Emergency Ordinance no. 152/2005 on integrated pollution prevention and control, approved with amendments and completions by Law no. 84/2006. ___________ Art. 2. was amended by point 1. of Decision no. 399/2010 starting with 30.04.2010. Art. 21 . - (1) Romania is a Member State of administration for: a) aircraft operators holding a valid operating license, issued by the central public authority in the field of transport in accordance with the provisions of Regulation (EC) no. 1,008 / 2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the approval of air services in the European Union; b) aircraft operators who do not hold a valid operating license, issued by a Member State of the European Union in accordance with the provisions of Regulation (EC) no. 1,008 / 2008, and whose flights performed in the reference year generated the largest amount of emissions on the Romanian territory. (2) If in the first 2 years of any period provided in art. 122 none of the aviation emissions results from flights performed by an aircraft operator falling within par. (1) lit. b) is not assigned to Romania, the aircraft operator is transferred to another Member State of administration for the next period. The new Member State of administration is the Member State with the highest estimated emissions Machine Translated by Google assigned to aviation, resulting from flights performed by that aircraft operator during the first 2 years of the previous period. ___________ Article 21 _ was introduced by point 2. of Decision no. 399/2010 starting with 30.04.2010. Art. 3. - For the application of the present decision, the terms and expressions below have the following meanings: a) project activity - implementation of a project approved by one or more parties registered in annex no. I to the United Nations Framework Convention on Climate Change, signed in Rio de Janeiro on 5 June 1992, ratified by Law no. 24/1994, in accordance with art. 6 or 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted on 11 December 1997, ratified by Law no. 3/2001, and with the decisions of the conferences of the parties to the United Nations Framework Convention on Climate Change or to the Kyoto Protocol; b) certificate of greenhouse gas emissions, the title conferring the right to emit one tonne of carbon dioxide equivalent in a defined period, valid only for the purpose of this decision and which is transferable under the conditions provided by this decision; c) emissions - the release into the atmosphere of greenhouse gases generated by the sources of an installation or of an aircraft, which performs an activity provided in annex no. 1, of the gases specified within the respective activity; ___________ Letter c) was amended by point 3. of Decision no. 399/2010 starting with 30.04.2010. d) greenhouse gases - the gases provided in annex no. 2 and other gaseous components of the atmosphere, both natural as well as anthropogenic, which absorb and re-emit infrared radiation; ___________ Letter d) was amended by point 2. of Decision no. 204/2013 starting with 30.04.2013. e) installation - any stationary technical unit, in which one or more activities provided in annex no. 1, as well as any activity directly technically related to the activities carried out on that site and which may generate emissions and pollution; f) newly entered installation - any installation in which one or more of the activities provided in annex no. 1, which first obtained the greenhouse gas emission permit after 30 June 2011 or which benefited from a significant extension after 30 June 2011, only in respect of this extension; ___________ Letter f) was amended by point 2. of Decision no. 204/2013 starting with 30.04.2013. g) operator - any person who operates or controls an installation or who, according to the legislation in force, has been invested with the power of economic decision on the technical operation of the installation; h) part provided in annex no. I - country registered in annex no. I to the United Nations Framework Convention on Climate Change, which ratified the Kyoto Protocol as provided in art. 1 para. (7) of the Kyoto Protocol; i) person - any natural or legal person; j) the public - one or more persons and, in accordance with national law or practice, associations, organizations or groups of people; k) certified emission reduction (CER) - a unit for the reduction of greenhouse gas emissions, equal to one tonne of carbon dioxide equivalent, from a project activity carried out in accordance with art. 12 of the Kyoto Protocol and with the decisions regarding art. 12 adopted by conferences of the Parties to the United Nations Framework Convention on Climate Change or the Kyoto Protocol; l) the single register - a standardized electronic database containing common data elements used to track the issuance, holding, transfer and cancellation of greenhouse gas emission certificates, of operations with greenhouse gas emission units provided by The Kyoto Protocol, to ensure proper public access and confidentiality and to ensure that transfers are not made inconsistent with the obligations arising from the Kyoto Protocol; ___________ Letter l) was amended by point 2. of Decision no. 204/2013 starting with 30.04.2013. m) tonne of carbon dioxide equivalent - one metric tonne of carbon dioxide or a quantity of any other greenhouse gas provided in Annex no. 2, with a global warming potential equivalent to one metric ton of carbon dioxide; n) emission reduction unit (ERU) - a unit for the reduction of greenhouse gas emissions, equal to one tonne of carbon dioxide equivalent, from a project activity carried out in accordance with art. 6 Machine Translated by Google of the Kyoto Protocol and with the decisions regarding art. 6 adopted by the conferences of the Parties to the United Nations Framework Convention on Climate Change or the Kyoto Protocol. o) reference year - within the meaning of art. 21, is the first calendar year of operation, in the case of an aircraft operator which has commenced aviation in the European Union after 1 January 2006 and the calendar year which began on 1 January 2006 for aircraft operators aviation activity prior to January 1, 2006; ___________ Letter o) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. p) aircraft operator - the person who operates an aircraft when performing an aviation activity provided in Annex no. 1 or the owner of the aircraft, if the person is not known or identified by the owner of the aircraft; ___________ Letter p) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. q) commercial air transport operator - an operator that, in exchange for a remuneration, provides to the public regular or irregular air transportation services for the carriage of passengers, cargo or mail; ___________ Letter q) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. r) assigned emissions from aviation - the emissions generated by all flights that fall within the aviation activities provided in annex no. 1 and departing from an aerodrome situated in the territory of a Member State and flights arriving from a third country on such an aerodrome; ___________ Letter r) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. s) historical aviation emissions - the average annual emissions from 2004-2006, at the level of the European Union, generated by aircraft performing an aviation activity provided in Annex no. 1; ___________ Letter s) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. ÿ) the Member State of administration - the state responsible for the administration of the marketing scheme of greenhouse gas emission certificates in respect of an aircraft operator; ___________ Letter ÿ) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. t) subsequent periods - successive time periods of 8 years, subsequent to the period 2013-2020; ___________ Letter t) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. ÿ) reference indicator for the allocation of greenhouse gas emission allowances free of charge - the number of greenhouse gas emission allowances reported per tonne-kilometer, calculated by dividing the number of greenhouse gas emission allowances of greenhouse allocated free of charge during the period provided in art. 122 to the sum of the tonne-kilometer data included in the applications for the allocation of free greenhouse gas emission allowances transmitted to the European Commission by the Member States; ___________ Letter ÿ) was amended by point 2. of Decision no. 204/2013 starting with 30.04.2013. u) special reserve for certain aircraft operators - the number of gas emission certificates with effect from greenhouse allocated to aircraft operators according to art. 15 for the periods provided in art. 122 ; ___________ Letter u) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. v) reference indicator for the allocation of greenhouse gas emission certificates free of charge from the special reserve, according to art. 15 - the indicator calculated by dividing the number of certificates in the special reserve by the amount of tonne-kilometer data included in the requests of aircraft operators that fall within the provisions of art. 15 para. (5) lit. a) for the allocation of greenhouse gas emission certificates free of charge Machine Translated by Google from the special reserve, transmitted to the European Commission by the Member States, and the absolute increase of the tonne-kilometer data exceeding the percentage provided in art. 15 para. (5) lit. b) in the case of aircraft operators that fall within the provisions of art. 15 para. (5) lit. b), included in the requests for the allocation of free greenhouse gas emission certificates from the special reserve, sent to the European Commission by the Member States. ___________ Letter v) was introduced by point 4. of Decision no. 399/2010 starting with 30.04.2010. x) combustion - any oxidation of fuels, regardless of how the thermal energy is used or mechanics produced by this process and any other associated activities, including flue gas washing; ___________ Letter x) was introduced by point 3. of Decision no. 204/2013 starting with 30.04.2013. y) electricity producer - an operator who owns an installation that on or after January 1, 2005 produced electricity for sale to third parties and that does not carry out any other activity provided in Annex no. 1 in addition to "fuel burning". ___________ Letter y) was introduced by point 3. of Decision no. 204/2013 starting with 30.04.2013. Art. 4. - (1) The competent authorities responsible for the application of the provisions of this decision are: the central public authority for environmental protection, the central public authority for economy, the central public authority for energy, the central public authority for transport, the central public authority for public finances, National Environmental Guard and subordinate units. (2) The central public authority for transports through the Romanian Civil Aeronautical Authority provides the data and information in connection with the aircraft operators carrying out an aviation activity provided in annex no. 1, at the request of the central public authority for environmental protection, as well as the support for the clarification of the information communicated by the European Commission and other international bodies regarding the aviation activities performed by the aircraft operators. ___________ Art. 4. - was modified by point 4. of Decision no. 204/2013 starting with 30.04.2013. Art. 5. - (1) For the installations in which one or more of the activities provided in annex no. 1, which generates emissions specific to the respective activity, the operator must hold the authorization regarding greenhouse gas emissions, issued by the central public authority for environmental protection according to the provisions of the Order of the Minister of Environment and Forests no. 3,420 / 2012 for the approval of the procedure for issuing the authorization regarding greenhouse gas emissions for the period 2013-2020. ___________ Paragraph (1) was amended by point 5. of Decision no. 204/2013 starting with 30.04.2013. (2) For the installations carrying out the activities provided in annex no. 1 to the Government Emergency Ordinance no. 152/2005, approved with modifications and completions by Law no. 84/2006, the conditions and the procedure related to the issuance of the authorization regarding the greenhouse gas emissions are correlated with those provided for the issuance of the integrated environmental authorization. Art. 6. - (1) In order to obtain the authorization regarding the greenhouse gas emissions, the operator submits to the competent authority for environmental protection the request for obtaining the authorization together with the documentation describing: a) the installation and the activities carried out, including the technology used; b) raw materials and auxiliary materials whose use is likely to lead to greenhouse gas emissions provided in Annex no. 2; ___________ Letter b) was amended by point 6. of Decision no. 204/2013 starting with 30.04.2013. c) the sources of greenhouse gas emissions of the installations carrying out one or more of the the activities provided in annex no. 1; d) the plan for monitoring and reporting greenhouse gas emissions. ___________ Letter d) was amended by point 6. of Decision no. 204/2013 starting with 30.04.2013. (2) The application for the authorization of greenhouse gas emissions shall be accompanied by a summary non-technical nature of the documentation submitted. Machine Translated by Google (3) The competences and the procedure for issuing and reviewing the authorization regarding greenhouse gas emissions shall be established by order of the head of the central public authority for environmental protection within 45 days from the date of entry into force of this decision. (4) The operator has the obligation to ensure to the competent authority for environmental protection the correctness of the information provided in par. (1) and (2). ___________ Paragraph (4) was introduced by point 3. of Decision no. 133/2010 starting with 10.03.2010. ___________ Implemented by Procedure from 12/09/2012 starting with 30.04.2013. Art. 7. - (1) The central public authority for environmental protection issues the authorization regarding the greenhouse gas emissions for all or part of its installation if the operator meets the requirements regarding the monitoring and reporting of the greenhouse gas emissions provided in the Regulation (EU) no. Commission Regulation (EC) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions in accordance with Directive 2003/87 / EC of the European Parliament and of the Council. (2) The authorization regarding greenhouse gas emissions may cover one or more installations in which one or more activities provided in annex no. 1, located on the same site, and which are operated or controlled by the same operator. ___________ Art. 7. - was modified by point 7. of Decision no. 204/2013 starting with 30.04.2013. Art. 8. - The authorization regarding the greenhouse gas emissions contains: a) the name and address of the operator / name and headquarters, as the case may be; b) a description of the activities and greenhouse gas emissions generated by the installation; c) the requirements for monitoring and reporting of greenhouse gas emissions corresponding to the plan for monitoring and reporting of greenhouse gas emissions approved by the central public authority for environmental protection; ___________ Letter c) was amended by point 9. of Decision no. 204/2013 starting with 30.04.2013. d) Repealed by point 8. of Decision no. 204/2013 starting with 30.04.2013. e) the obligation to return, by 30 April of the year following the year for which the monitoring of greenhouse gas emissions was monitored, a number of greenhouse gas emission certificates equal to the total number of emissions from at that installation, verified in accordance with Regulation (EU) no. Commission Regulation (EC) No 600/2012 of 21 June 2012 on the verification of greenhouse gas emission reports and tonne-kilometer data reports and the accreditation of verifiers in accordance with Directive 2003/87 / EC of the European Parliament and of the Council and verification adopted by the European Commission, other than greenhouse gas emission allowances allocated to aircraft operators. ___________ Letter e) was amended by point 9. of Decision no. 204/2013 starting with 30.04.2013. Art. 9. - (1) Until December 31 of each year from the period 2013-2020, the operator has the obligation to inform the central public authority for environmental protection regarding the planned or effective changes of the capacity, the level of activity or of the operation of an installation, in accordance with the provisions of art. 24 para. (1) of Commission Decision 2011/278 / EU of 27 April 2011 laying down, for the whole of the Union, transitional rules on the harmonized and free allocation of emission allowances pursuant to Article 10a of Directive 2003/87 / EC of the European Parliament and of the Council European Parliament and of the Council. ___________ Paragraph (1) was amended by point 10. of Decision no. 204/2013 starting with 30.04.2013. (2) The central public authority for environmental protection shall review the authorization of greenhouse gas emissions greenhouse at intervals of no more than 5 years or whenever necessary. ___________ Paragraph (2) was amended by point 10. of Decision no. 204/2013 starting with 30.04.2013. (3) When changing the operator of an installation holding an authorization for greenhouse gas emissions, the new operator has the obligation to request the competent authority for environmental protection to review the authorization regarding the name and headquarters of the new operator, within 45 days. on the date of the change. Machine Translated by Google ___________ Paragraph (3) was amended by point 7. of Decision no. 399/2010 starting with 30.04.2010. (4) The operator has the obligation to ensure the correctness to the competent authority for environmental protection the information provided in par. (1). ___________ Paragraph (4) was introduced by point 5. of Decision no. 133/2010 starting with 10.03.2010. (5) The aircraft operator has the obligation to inform the central public authority for environmental protection about any changes that determine the revision of the plan for monitoring and reporting greenhouse gas emissions for the aviation activities provided in art. 21 para. (3) and of the tonne-kilometer data monitoring and reporting plan for aviation activities provided in art. 21 para. (4), within 45 days from the date of the change. ___________ Paragraph (5) was amended by point 10. of Decision no. 204/2013 starting with 30.04.2013. (6) The operator and the aircraft operator have the obligation to ensure the correctness and completeness of the information provided in the plan for monitoring and reporting greenhouse gas emissions and in the plan for monitoring and reporting tonne- kilometer data, as appropriate. ___________ Paragraph (6) was amended by point 10. of Decision no. 204/2013 starting with 30.04.2013. Art. 10. - Starting with the third period of the trading scheme of the certificates allocated free of charge, respectively 2013-2020, the number of greenhouse gas emission certificates allocated annually decreases linearly, starting from the middle of the period 2008- 2012. That amount shall be reduced by a linear factor of 1.74% in relation to the average annual quantity of greenhouse gas emission allowances allocated in accordance with the National Allocation Plan for greenhouse gas emission allowances for the periods 2007 and 2008- 2012, approved by Government Decision no. 60/2008. ___________ Art. 10. - was modified by point 11. of Decision no. 204/2013 starting with 30.04.2013. Art. 101 . - (1) The central public authority for environmental protection shall transmit to the European Commission by 30 September 2011 the list of installations and the number of greenhouse gas emission certificates allocated free of charge to each installation. (2) In order to implement the provisions of par. (1), for the installations in which one of the activities provided in annex no. 1, the operators have the obligation to transmit to the central public authority for environmental protection the data necessary for establishing the number of allocated greenhouse gas emission certificates. ___________ Paragraph (2) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (3) The installations that are not included in the list mentioned in par. (1) do not receive emission certificates with greenhouse effect allocated free of charge. (4) The information on the number of greenhouse gas emission allowances allocated free of charge to installations covered by the greenhouse gas emission allowance trading scheme in the period 2013-2020 shall be published on the Internet address of the the central public authority for environmental protection. ___________ Paragraph (4) was introduced by point 12. of Decision no. 204/2013 starting with 30.04.2013. (5) The information in the annual reports on the value of verified annual greenhouse gas emissions may be consulted on the website of the central public authority for environmental protection. ___________ Paragraph (5) was introduced by point 12. of Decision no. 204/2013 starting with 30.04.2013. Machine Translated by Google (6) The information that may affect the activity of the operator from a commercial point of view, indicated by the operator and the aircraft operator in the annual reports on greenhouse gas emissions, are exempted from the provisions of par. (5). ___________ Paragraph (6) was introduced by point 12. of Decision no. 204/2013 starting with 30.04.2013. (7) Information subject to professional secrecy may be disclosed only if the legislation in force provides for this. ___________ Paragraph (7) was introduced by point 12. of Decision no. 204/2013 starting with 30.04.2013. ___________ Article 101 was introduced by point 9. of Decision no. 399/2010 starting with 30.04.2010. Art. 11. Repealed by point 13. of Decision no. 204/2013 starting with 30.04.2013. Art. 12. Repealed by point 14. of Decision no. 204/2013 starting with 30.04.2013. Art. 121 . - For the period 1 January 2012-31 December 2012, the total number of gas emission certificates greenhouse gases for aircraft operators account for 97% of historical aviation emissions. ___________ Article 121 . was introduced by point 10. of Decision no. 399/2010 starting with 30.04.2010. Art. 122 . - For the period 1 January 2013-31 December 2020 and for each subsequent period, the total number of greenhouse gas emission certificates for aircraft operators represents 95% of the sum of historical aviation emissions multiplied by the number of years in that period. ___________ Article 122 . was introduced by point 11. of Decision no. 399/2010 starting with 30.04.2010. Art. 123 . - (1) For the period provided in art. 121 and starting with January 1, 2013, 15% of the total number of greenhouse gas emission allowances for aircraft operators are subject to auctioning. (2) Repealed by point 15. of Decision no. 204/2013 starting with 30.04.2013. (3) Repealed by the paragraph of the Emergency Ordinance no. 115/2011 starting with 28.12.2011. (4) Repealed by point 15. of Decision no. 204/2013 starting with 30.04.2013. ___________ Article 123 . was introduced by point 12. of Decision no. 399/2010 starting with 30.04.2010. Art. 13. Repealed by point 16. of Decision no. 204/2013 starting with 30.04.2013. Art. 14. Repealed by point 17. of Decision no. 204/2013 starting with 30.04.2013. Art. 141 . - (1) The operators who own installations in which one or more activities provided in annex no. 1, which are included in the trading scheme starting with 2013, have the obligation to transmit to the central public authority for environmental protection, until April 30, 2010, the data on greenhouse gas emissions, duly substantiated and verified by accredited verifiers or of accredited or certified research institutes, as the case may be, in the fields for which the verification of data on greenhouse gas emissions is performed. ___________ Paragraph (1) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (2) The format for reporting the data regarding the greenhouse gas emissions, provided in par. (1), as well as the methodology for calculating greenhouse gas emissions shall be established by order of the head of the central public authority for environmental protection, within 30 days from the date of publication of this decision. 3. If the data on greenhouse gas emissions transmitted by operators are duly substantiated, the central public authority for environmental protection shall transmit them to the European Commission by 30 June 2010. ___________ Article 141 . was introduced by point 6. of Decision no. 133/2010 starting with 20.03.2010. Machine Translated by Google Art. 142 . - (1) The aircraft operator performing an aviation activity provided in annex no. 1 may request the allocation of greenhouse gas emission certificates free of charge for each of the periods defined in art. 121 and 122 . (2) The request provided in par. (1) shall be submitted to the central public authority for environmental protection by the aircraft operator, accompanied by the tonne-kilometer data report, verified by an accredited verifier and prepared for aviation activities performed in the monitoring year corresponding to the period for which the allocation of certificates is requested. free of charge greenhouse gas emissions. ___________ Paragraph (2) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. 3. The monitoring year shall be the calendar year ending 24 months before the start of the period for which the aircraft operator requests the allocation of greenhouse gas emission allowances free of charge. Regarding the period provided in art. 121 , the monitoring year is 2010. (4) The request provided in par. (1) shall be submitted at least 21 months before the beginning of the period for which the aircraft operator requests the allocation of greenhouse gas emission allowances free of charge. (5) Regarding the period provided in art. 121 the request provided in par. (1) shall be submitted by 31 , March 2011. (6) The central public authority for environmental protection shall transmit to the European Commission the requests provided in par. (1) at least 18 months before the beginning of the period for which the aircraft operator requests the allocation of greenhouse gas emission certificates free of charge or until June 30, 2011 for the period provided in art. 121 . (7) The tonne-kilometer data ratio provided in par. (2) shall be drawn up in accordance with the provisions Regulation (EU) no. 601/2012. ___________ Paragraph (7) was amended by point 18. of Decision no. 204/2013 starting with 30.04.2013. (8) The aircraft operator has the obligation to ensure the correctness and completeness of the information provided in the ton-kilometer data monitoring report provided in par. (2). ___________ Article 142 . was introduced by point 13. of Decision no. 399/2010 starting with 30.04.2010. Article 143 . - (1) Within 3 months from the date of adoption by the European Commission of the decision on the allocation of greenhouse gas emission allowances to aircraft operators, the central public environmental protection authority shall calculate and publish by order of its manager: a) the total number of greenhouse gas emission certificates allocated for the respective period to each aircraft operator whose request has been transmitted to the European Commission according to the provisions of art. 142 para. (6), calculated by multiplying the ton-kilometer data from the ton-kilometer data ratio verified with the indicator provided in par. (2) lit. e); and b) the number of greenhouse gas emission certificates allocated annually to each aircraft operator, calculated by dividing the total number of greenhouse gas emission certificates, established according to the provisions of letter a), to the number of years from the period in which the aircraft operator performs an aviation activity provided in Annex no. 1. (2) The decision of the European Commission mentioned in par. (1) refers to: a) the total number of greenhouse gas emission certificates allocated for the respective period; b) the number of greenhouse gas emission allowances tendered in the respective period; c) the number of greenhouse gas emission allowances available in the special reserve of aircraft operators for that period; d) the number of greenhouse gas emission certificates allocated free of charge for the respective period, calculated by subtracting the number of greenhouse gas emission certificates mentioned in let. b) and c) of the total number of greenhouse gas emission certificates established according to let. a); e) the reference indicator defined in art. 3 lit. ÿ). ___________ Article 143 . was introduced by point 14. of Decision no. 399/2010 starting with 30.04.2010. Art. 144 . - (1) Certificates of greenhouse gas emissions are allocated free of charge for the production of thermal energy or refrigerant in central heating systems, as well as in high efficiency cogeneration installations, defined in art. 3 lit. g) of the Government Decision no. 219/2007 on the promotion of cogeneration based on the demand for useful thermal energy, for an economically justified demand. (2) Taking into account the provisions of par. (1), as well as without prejudice to the provisions of art. 151 , the allocation of free greenhouse gas emission allowances to electricity producers is prohibited, Machine Translated by Google for carbon dioxide capture installations, carbon dioxide transmission pipelines or carbon dioxide storage sites. ___________ Article 144 . - was introduced by point 19. of Decision no. 204/2013 starting with 30.04.2013. Art. 15. - (1) When establishing the allocation method, the access of the newly entered installations to the greenhouse gas emission certificates. (2) The central public authority for environmental protection, as national administrator of the accounts from the single register, issues in the account of the operators the greenhouse gas emission certificates allocated free of charge to the installations provided in art. 101 para. (1), afferent to each year, until February 28 of the respective year, certificates allocated free of charge to the electricity producers that are issued under the conditions of art. 151 . ___________ Paragraph (2) was amended by point 20. of Decision no. 204/2013 starting with 30.04.2013. (3) For 2013, the central public authority for environmental protection, as national administrator of the accounts in the single register, issues the number of greenhouse gas emission certificates allocated free of charge to each aircraft operator for the respective year after the issuance decision by the European Commission. ___________ Paragraph (3) was amended by point 20. of Decision no. 204/2013 starting with 30.04.2013. (4) By February 28 of each year from 2014-2020, the central public authority for environmental protection, as the national administrator of the accounts in the single register, shall issue the number of greenhouse gas emission certificates allocated with free title to each aircraft operator for that year. ___________ Paragraph (4) was amended by point 20. of Decision no. 204/2013 starting with 30.04.2013. (5) An aircraft operator may request the free allocation of greenhouse gas emission allowances. greenhouse from the special reserve provided in par. (4) if he is in one of the following situations: a) starts to perform an aviation activity provided in annex no. 1, after the monitoring year for which the tonne-kilometer data reports verified by an accredited verifier were submitted by the aircraft operators in accordance with art. 142 for one of the periods provided in art. 122 ; b) the tonne-kilometer data verified by an accredited verifier increase annually by an average of over 18% between the monitoring year for which the tonne-kilometer data reports were submitted, in accordance with art. 142, for one of the periods provided in art. 122 , and the second calendar year of the period in question. ___________ Paragraph (5) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (6) The aircraft operator may request the allocation of greenhouse gas emission certificates free of charge in accordance with par. (5), provided that the aviation activity performed does not represent the full or partial continuation of an aviation activity previously carried out by another aircraft operator. ___________ Paragraph (6) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (7) An aircraft operator that meets the conditions provided in par. (5) may submit to the central public authority for environmental protection a request regarding the allocation of greenhouse gas emission certificates free of charge from the special reserve, until June 30 of the third year of the period provided in art. . 122 to which it refers. ___________ Paragraph (7) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (8) The number of greenhouse gas emission certificates assigned to an aircraft operator that meets the conditions provided in par. (5) lit. b) cannot be higher than 1,000,000. ___________ Machine Translated by Google Paragraph (8) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (9) The request provided in par. (7) contains: a) the tonne-kilometer data ratio, prepared in accordance with annex no. 4 and verified by an accredited verifier in accordance with the criteria in annex no. 5, for the aviation activities provided in annex no. 1 performed by the aircraft operator in the second calendar year of the period provided in art. 122 to which the request refers; b) the proof regarding the fulfillment of the conditions provided in par. (5) and (6). ___________ Paragraph (9) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (10) At the request submitted according to par. (9), the aircraft operators that have fulfilled the conditions provided in par. (5) lit. b) have the obligation to submit in addition the documents demonstrating: a) the percentage increase of tonne-kilometer data, registered by the aircraft operator between the monitoring year for which the tonne-kilometer data reports were submitted, verified by an accredited verifier, in accordance with art. 142 , regarding the period provided in art. 122 , and the second calendar year of that period; b) the absolute increase of the tonne-kilometer data, registered by the aircraft operator between the monitoring year for which the tonne-kilometer data reports were submitted, verified by an accredited verifier, in accordance with art. 142 regarding the period provided in art. 122 , , and the second calendar year of that period; c) the absolute increase of the tonne-kilometer data, registered by the aircraft operator between the monitoring year for which the tonne-kilometer data reports were submitted, verified by an accredited verifier, in accordance with art. 142 regarding the period provided in art. 122 , , and the second calendar year of the respective period, which exceeds the percentage provided in par. (5) lit. b). ___________ Paragraph (10) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (11) Within maximum 6 months from the deadline for submitting the applications provided in par. (7), the central public authority for environmental protection shall transmit to the European Commission the requests of the aircraft operators regarding the allocation of greenhouse gas emission certificates from the special reserve. ___________ Paragraph (11) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (12) Within 3 months from the date of adoption by the European Commission of the decision on the indicator defined in art. (3) lit. v), the central public authority for environmental protection calculates, approves by order of its head and publishes in the Official Gazette of Romania, Part I: a) the number of greenhouse gas emission certificates allocated from the special reserve to each aircraft whose request has been transmitted to the European Commission in accordance with par. (11); b) the annual number of greenhouse gas emission allowances allocated from the special reserve to each aircraft operator whose request has been transmitted to the European Commission in accordance with para. (11), calculated by dividing the number of greenhouse gas emission certificates provided in let. a) the number of calendar years remaining in the period to which the allocation relates. ___________ Paragraph (12) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (13) For the aircraft operator that is in the situation provided in par. (5) lit. a), the total number of greenhouse gas emission certificates, provided in par. (12) lit. a), is calculated by multiplying the indicator defined in art. (3) lit. v) with the tonne-kilometer data verified by an accredited verifier, included in the request sent to the European Commission according to par. (11). ___________ Paragraph (13) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. Machine Translated by Google (14) For the aircraft operator that is in the situation provided in par. (5) lit. b), the total number of greenhouse gas emission certificates provided in par. (12) lit. a) is calculated by multiplying the indicator defined in art. (3) lit. v) with the value of the absolute increase of the ton-kilometer data provided in par. (10) lit. c) of the request sent to the European Commission in accordance with par. (11). ___________ Paragraph (14) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. (15) The remaining unused greenhouse gas emission allowances from the special reserve shall be put up for auction. ___________ Paragraph (15) was introduced by point 15. of Decision no. 399/2010 starting with 30.04.2010. Art. 151 . - (1) For producers of electricity that were in operation until 31 December 2008 or whose investment process was initiated until the same date, greenhouse gas emission certificates shall be allocated on a transitional basis free of charge, with the condition of using the equivalent value of the certificates allocated for financing the investments provided in the National Investment Plan. (2) The transitional free allocation of greenhouse gas emission allowances to producers of greenhouse gases electricity, it is possible if one of the conditions is met: a) in 2007, the national electricity network was not directly or indirectly connected to the network / system interconnected operated by the Union for the Coordination of Electricity Transmission (UCTE); b) in 2007, the national electricity network was connected directly or indirectly to the network operated by Union for the Coordination of Electricity Transmission (UCTE) only through a single line with a capacity of less than 400 MW; or c) in 2006, more than 30% of electricity was produced from fossil fuels and GDP per capita did not exceeded 50% of average GDP per capita at Community market prices. ___________ Article 151 . - was introduced by point 21. of Decision no. 204/2013 starting with 30.04.2013. Art. 152 . - (1) The list of sectors and subsectors exposed to significant risks of carbon leakage is established by Decision 2010/2 / EU establishing, in accordance with Directive 2003/87 / EC of the European Parliament and of the Council, a lists of sectors and subsectors considered to be exposed to a significant risk of carbon leakage, as subsequently amended and supplemented. 2. Central public authorities may take financial measures in favor of sectors or subsectors which are considered to be exposed to significant risks of carbon leakage as a result of the transfer of the cost of carbon dioxide to the price of electricity, in order to offset those costs. , in compliance with the applicable state aid rules, in the context of the third period of the scheme for greenhouse gas emission allowance trading. (3) The measures provided in par. (2) should be based on the establishment of ex ante benchmarks for indirect carbon dioxide emissions per unit of production. These ex ante benchmarks are calculated, in a given sector or subsector, as the product of the electricity consumption per unit of production corresponding to the most efficient technology available and the carbon dioxide emissions related to the relevant electricity production at European level. (4) It is prohibited to allocate greenhouse gas emission allowances free of charge to a plant that has ceased operations, unless the operator demonstrates to the competent authority that the plant will resume production within a certain period of time. defined and reasonable. The conditions in which it is considered that the installations have ceased their activity are provided in Decision no. 2011/278 / EU. ___________ Article 152 . - was introduced by point 22. of Decision no. 204/2013 starting with 30.04.2013. Art. 16. - (1) In case the limit for the right granted to the existing operators in the period 2008-2012, for the use of ERU and CER or the limits provided in par. (3) and (4), the central public authority for environmental protection issues and hands over to the operator and the aircraft operator, at their request, a greenhouse gas emissions certificate, valid for the third period of the scheme for the marketing of certificates of greenhouse gas emissions, in exchange for an ERU or a CER, held by the operator and the aircraft operator in the national account opened in the single register. (2) It is allowed to use the emission reduction units from the project activities, in a percentage of at least 4.5% of the verified emissions in the period 2013-2020 for the newly entered installations, the installations that at the date of entry into force of this decision enter under the scheme for the trading of greenhouse gas emission allowances and new entrants in the period 2008-2012 who were not granted the right to use these units. Machine Translated by Google (3) It is permitted for aircraft operators to use emission reduction units in aircraft operations project, amounting to at least 1.5% of verified emissions in the period 2013-2020. (4) Operators may use CERs and ERUs resulting from project activities up to a percentage of at least 11% of the allocation for the period 2008-2020 or the amount established for the period 2008-2012 in accordance with Government Decision no. 60/2008 for the approval of the National Allocation Plan regarding the greenhouse gas emission certificates for the periods 2007 and 2008-2012, taking into account the largest quantity. (5) The provisions of par. (1) shall apply until March 31, 2015. (6) CER and ERU provided in par. (1) must come from projects eligible for use under the greenhouse gas emissions trading scheme in the period 2008-2012 and meet one of the following conditions: a) come from project activities that have recorded emission reductions of greenhouse gases before 1 January 2013; b) come from project activities, registered before January 1, 2013, but register emission reductions of greenhouse gases from 2013-2020. (7) CER provided in par. (1) must come from projects eligible for use under the greenhouse gas emissions trading scheme for the period 2008-2012 which are launched from the period 2013-2020, only if they are implemented in the least developed countries by the date of their ratification of an agreement with the European Union in this field or by 2020, taking into account the nearest date. (8) For the third period of the scheme for greenhouse gas emission allowance trading, the use of greenhouse gas emission reduction units from a project activity provided for in Regulation (EC) No EU) no. Commission Regulation (EC) No 550/2011 of 7 June 2011 laying down, under Directive 2003/87 / EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits resulting from projects involving the use of industrial gases. ___________ Art. 16. - was amended by point 23. of Decision no. 204/2013 starting with 30.04.2013. Art. 17. - (1) The central public authority for environmental protection shall take the necessary measures to approve the reference situation for the project activities, according to the subsequent decisions of the conferences of the parties to the Kyoto Protocol, with the national legislation harmonized with the acquis communautaire. account of the transition periods provided in the Treaty on Romania's accession to the European Union, ratified by Law no. 157/2005. (2) Until December 31, 2012, for the project activities provided in art. 6 and 12 of the Kyoto Protocol, which directly reduce or limit emissions from an activity covered by this Decision, emission abatement units (ERUs) or certified emission reductions (CERs) may only be emitted if an equal number of greenhouse gas emission certificates is canceled by the operator of the respective activity, in order to avoid double counting. ___________ Paragraph (2) was amended by point 18. of Decision no. 399/2010 starting with 30.04.2010. (3) Until December 31, 2012, for the project activities provided in art. 6 and 12 of the Kyoto Protocol, which indirectly reduce or limit emissions from an installation covered by this Decision, emission reduction units (ERUs) or certified emission reductions (CERs) may only be emitted if an equal number of greenhouse gas emission allowances from ERUs shall be canceled from the national register to avoid double counting. (4) Public or private operators may participate in project activities, with the approval of the central public authority for environmental protection. (5) In the situation provided in par. (4), the central public authority for environmental protection remains responsible for fulfilling its obligations under the United Nations Framework Convention on Climate Change and the Kyoto Protocol and shall ensure that participation in project activities is carried out in accordance with the guidelines and relevant procedures subsequently adopted by conferences of the Parties to the United Nations Framework Convention on Climate Change and the Kyoto Protocol. (6) In case of approval of project activities regarding the production of hydroelectric power in installations with an installed capacity of more than 20 MW, the central public authority for environmental protection verifies the observance, during the project activities, of the international criteria and guidelines, including those provided by World Commission on Dams. (7) The central public authority for environmental protection authorizes only the project activities provided in par. (1) where all participants in the project are based in a country that has concluded the international agreement on these projects or where provisions are in force regarding the scheme for the trading of greenhouse gas emission allowances. ___________ Paragraph (7) was introduced by point 24. of Decision no. 204/2013 starting with 30.04.2013. Machine Translated by Google Art. 18. - (1) The greenhouse gas emission certificates may be transferred: a) between Romanian persons and persons from other member states of the European Community; b) between Romanian persons and persons from third countries, other than those from the European Community, only if the greenhouse gas emission certificates are mutually recognized, based on the international agreements concluded by the European Community with other countries provided in Annex B to the Protocol Kyoto, without any restrictions other than those provided for in this Decision and in the regulations adopted in application thereof. (2) The operator of each installation has the obligation to return, by 30 April of each year at the latest, a number of greenhouse gas emission certificates equal to the total amount of greenhouse gas emissions from at the respective installation in the previous calendar year, other than the number of certificates for aviation, verified according to the provisions of art. 22, and these certificates are subsequently canceled. ___________ Paragraph (2) was amended by point 18. of Decision no. 399/2010 starting with 30.04.2010. (3) The aircraft operator has the obligation to return, by 30 April of each year at the latest, a number of greenhouse gas emission certificates equal to the total amount of greenhouse gas emissions generated in the previous calendar year of the aviation activities for which it is considered an aircraft operator, verified according to the provisions of art. 22, and these certificates are subsequently canceled. ___________ Paragraph (3) was amended by point 18. of Decision no. 399/2010 starting with 30.04.2010. (4) The greenhouse gas emission certificates shall be canceled at any time, at the request of the holder. ___________ Paragraph (4) was amended by point 18. of Decision no. 399/2010 starting with 30.04.2010. (5) In order to fulfill the obligations provided in par. (2) and (3), greenhouse gas emission certificates, issued by the competent authorities of other Member States of the European Union, shall be recognized by the central public authority for environmental protection. ___________ Paragraph (5) was amended by point 18. of Decision no. 399/2010 starting with 30.04.2010. (6) Repealed by point 25. of Decision no. 204/2013 starting with 30.04.2013. ___________ Paragraph (6) was amended by point 2. of Decision no. 1300/2010 starting with 28.12.2010. (7) The obligation to return greenhouse gas emission allowances does not apply to emissions which, according to the verifications, are captured and transported, for permanent storage, to a site for which a valid storage permit is issued. , in accordance with the provisions of the Government Emergency Ordinance no. 64/2011 on the geological storage of carbon dioxide, approved with amendments and completions by Law no. 114/2013. ___________ Paragraph (7) was introduced by paragraph 26. of Decision no. 204/2013 starting with 30.04.2013. Art. 19. - Repealed by point 27. of Decision no. 204/2013 starting with 30.04.2013. (2) Certificates of greenhouse gas emissions for aircraft operators, which have been registered in the national register, are valid for the emissions from the period provided in art. 121 or 122 . ___________ Paragraph (2) was introduced by point 21. of Decision no. 399/2010 starting with 30.04.2010. Machine Translated by Google Art. 20. - (1) After 4 months from the beginning of the period 2013-2020, the national administrator of the national accounts in the single register cancels the certificates of greenhouse gas emissions that are no longer valid and that have not been returned and canceled according to the provisions of art. 18 para. (2) and (3). (2) Regarding the period provided in art. 121 , the administrator of the national accounts opened in the single register cancels the greenhouse gas emission certificates which are no longer valid and which have not been returned and canceled according to the provisions of art. 18 para. (3). (3) From 1 May 2013, the central public authority for environmental protection shall issue to natural and legal persons greenhouse gas emission certificates valid for the current period, replacing the greenhouse gas emission certificates held by them. which are canceled, except for those canceled as a result of the refund according to art. 18 para. (2) and (3). ___________ Art. 20. - was amended by point 28. of Decision no. 204/2013 starting with 30.04.2013. Art. 21. - (1) The operator and the aircraft operator carrying out an activity provided in annex no. 1 have the obligation to monitor and report greenhouse gas emissions in accordance with the provisions of Regulation (EU) no. 601/2012. ___________ Paragraph (1) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (2) The aircraft operator carrying out an activity provided in annex no. 1 and which requests the allocation of greenhouse gas emission certificates free of charge, according to the provisions of art. 142 , has the obligation to monitor and report tonne-kilometer data in accordance with the provisions of Regulation (EU) No 601/2012. ___________ Paragraph (2) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (3) The operator and the aircraft operator carrying out an activity provided in annex no. 1 have the obligation to submit annually to the central public authority for environmental protection the plan for monitoring and reporting of greenhouse gas emissions. ___________ Paragraph (3) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (31 ) The operator and the aircraft operator have the obligation to submit to the central public authority for environmental protection the report on the improvements to the methodology for monitoring greenhouse gas emissions, prepared in accordance with the provisions of Regulation (EU) no. 601/2012. ___________ Paragraph (31 ) was introduced by point 30. of Decision no. 204/2013 starting with 30.04.2013. (4) The aircraft operator carrying out an activity provided in annex no. 1 and which requests the allocation of greenhouse gas emission certificates free of charge, according to the provisions of art. 142 ,has the obligation to submit to the central public authority for environmental protection, at least 4 months before the beginning of the period to which it refers, a plan for monitoring and reporting tonne-kilometer data, drawn up in accordance with the provisions of Regulation (EU) no. 601/2012. ___________ Paragraph (4) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (5) The plan for monitoring and reporting greenhouse gas emissions provided in par. (3) and the monitoring report provided in par. (12) shall be drawn up in accordance with the provisions of Regulation (EU) no. 601/2012. ___________ Paragraph (5) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. Machine Translated by Google (6) The monitoring plan mentioned in par. (3) shall be submitted by the aircraft operator at least 4 months before the beginning of the period to which it refers. (7) The aircraft operator that starts to carry out an activity provided in annex no. 1 after the entry into force of this decision must submit to the central public authority for environmental protection the monitoring plan mentioned in par. (3) within 45 days from the date of starting the activity. ___________ Paragraph (7) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (8) The monitoring plans mentioned in par. (3) and (4), submitted to the central public authority for environmental protection before the date of entry into force of this decision, shall be taken into account by the competent authority. ___________ Paragraph (8) was amended by Art. II. - from Decision no. 204/2013 starting with 30.04.2013. (9) The competence regarding the verification and approval of the monitoring and reporting plans provided in par. (3) and (4) belongs to the central public authority for environmental protection. ___________ Paragraph (9) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (10) The amount of the tariffs charged by the central public authority for environmental protection for the approval of the emissions monitoring plan and the tonne-kilometer data monitoring plan shall be established by order of the head of the central public authority for environmental protection within 45 days from the date of publication of this decision, having the destination established according to the provisions of art. 23 para. (3) of the Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and completions by Law no. 265/2006, with subsequent amendments and completions. ___________ Paragraph (10) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (11) The value of the tariffs provided in par. (10) shall be established in euro and shall be paid, in advance and in full, in the account displayed on the website of the central public authority for environmental protection, in RON equivalent at the lei / euro exchange rate of the National Bank of Romania, in force on the date of payment. ___________ Paragraph (11) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (12) In the first quarter of each year, the operator and the aircraft operator shall submit to the central public authority for environmental protection the monitoring reports on greenhouse gas emissions generated by the installation or aircraft it operates, for the previous year. , no later than March 1. The first year of monitoring for aircraft operators begins on 1 January 2010. ___________ Paragraph (12) was amended by point 29. of Decision no. 204/2013 starting with 30.04.2013. (13) The operator and the aircraft operator have the obligation to ensure to the central public authority for environmental protection the correctness of the information provided in par. (12). ___________ Paragraph (13) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (14) The operator and the aircraft operator shall be required to file plans for the monitoring and reporting of greenhouse gas emissions, monitoring reports on greenhouse gas emissions and tonne-kilometer data reports, as appropriate, for a period. of 10 years, accompanied by all the documents drawn up by the accredited verifiers according to the provisions of art. 22 para. (1) and to hand them over to the new operator, in case of change of operator. ___________ Machine Translated by Google Paragraph (14) was amended by paragraph 29. of Decision no. 204/2013 starting with 30.04.2013. ___________ Art. 21. was amended by point 23. of Decision no. 399/2010 starting with 30.04.2010. Art. 22. - (1) The central public authority for environmental protection shall ensure that the reports provided in art. 21 para. (12) and art. 142 para. (2) are verified by accredited verifiers in accordance with the criteria provided in annex no. 5 and with the provisions of Regulation (EU) no. 600/2012. (2) If, by March 31 of the current year, the monitoring report on greenhouse gas emissions from the previous year is not declared satisfactory, according to the criteria provided in Annex no. 5 and the provisions of Regulation (EU) no. 600/2012, the operator or aircraft operator may not transfer the greenhouse gas emission certificates, as a result of the automatic blocking of access to the account. The access to the account is unblocked on the date on which the monitoring report on greenhouse gas emissions declared satisfactory is submitted to the central public authority for environmental protection and the validated emissions are entered by the operator in the single register account. ___________ Art. 22. - was modified by point 31. of Decision no. 204/2013 starting with 30.04.2013. Art. 23. - Decisions regarding the allocation of greenhouse gas emission certificates, information on project activities in which Romania participates or for which it approves the participation of public or private operators, as well as monitoring reports on greenhouse gas emissions greenhouse provided in art. 21, held by the competent authority for environmental protection, are made available to the public according to Government Decision no. 878/2005 on public access to environmental information. Art. 24. - (1) The central public authority for environmental protection is the national administrator of the accounts in the single register. ___________ Paragraph (1) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. (2) The accounts managed by the national administrator opened in the single register shall ensure the record of the greenhouse gas emission certificates issued, held, transferred and canceled, including the operations with greenhouse gas emission units provided by the Protocol of the Kyoto. ___________ Paragraph (2) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. (3) Any person may hold greenhouse gas emission certificates. (4) The single register administered at national level is accessible to the public, in compliance with the provisions of art. 75 of Regulation (EU) no. Commission Regulation (EC) No 920/2010 on a standardized and secure system of registers in accordance with Directive 2003/87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a system for the trading of greenhouse gas emission allowances in Community framework and amending Council Directive 96/61 / EC and Decision No. Regulation (EC) No 280/2004 / EC of the European Parliament and of the Council of 11 February 2004 on a mechanism for monitoring greenhouse gas emissions within the Community and implementing the Kyoto Protocol, as subsequently amended and supplemented, on confidentiality information. ___________ Paragraph (4) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. (5) The single register administered at national level contains accounts in which the greenhouse gas emission certificates held by each person are registered and in which the operations with these certificates and with the greenhouse gas emission units, provided are highlighted. of the Kyoto Protocol. ___________ Paragraph (5) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. (6) The Regulation on the administration and operation of the national register shall be approved by order of the head of the central public authority for environmental protection, within 180 days from the date of entry into force of this decision. Machine Translated by Google (7) The national administrator of the accounts in the single register shall charge a fee when opening an account in the register and a fee corresponding to the operation of that account. ___________ Paragraph (7) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. (8) The amount of the tariffs provided in par. (7) shall be established annually, by order of the head of the public authority central environmental protection. ___________ Paragraph (8) was amended by point 32. of Decision no. 204/2013 starting with 30.04.2013. Art. 25. - (1) The central public authority for environmental protection shall submit annually to the European Commission the report on the implementation of the European provisions regarding the scheme for the trading of greenhouse gas emission certificates. ___________ Paragraph (1) was amended by point 33. of Decision no. 204/2013 starting with 30.04.2013. (2) The report provided in par. (1) refers to the allocation of greenhouse gas emission certificates, the operation of the register, the application of provisions on monitoring and reporting of emissions, verification, accreditation of verification bodies and the legal and fiscal regime of greenhouse gas emission certificates . ___________ Paragraph (2) was amended by point 33. of Decision no. 204/2013 starting with 30.04.2013. 3. The Central Public Authority for Environmental Protection shall submit a report to the European Commission every 2 years stating that, in accordance with the provisions of the Kyoto Protocol and subsequent decisions adopted by conferences of the Parties to the Kyoto Protocol, the use of project activities is additional to to reduce greenhouse gas emissions undertaken at national level. Art. 26. Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. b) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. ___________ Letter b) was amended by point 25. of Decision no. 399/2010 starting with 30.04.2010. c) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. (4) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. ___________ Paragraph (4) was amended by point 26. of Decision no. 399/2010 starting with 30.04.2010. (5) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. (6) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. (7) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. (8) Repealed by point 34. of Decision no. 204/2013 starting with 30.04.2013. Art. 27. - (1) For the period provided in art. 13, the central public authority for environmental protection may request the European Commission to allow the allocation of additional greenhouse gas emission certificates for certain installations in case of force majeure. The European Commission shall authorize the issue of additional greenhouse gas emission allowances and non-transferable only on condition of proving the existence of a case of force majeure. Art. 28. - (1) For non-compliance with the provisions of art. 18 para. (2) and (3), for the periods provided in art. 14, 121 and 122 a penalty of 100 euro, equivalent in lei, shall be applied to the leu / euro exchange rate of the National Bank of , Romania valid on May 1 of the respective year, for each ton of carbon dioxide equivalent issued for which the operator or aircraft operator did not return the greenhouse gas emission certificates, which constitute income to the Environment Fund, in accordance with the law. ___________ Paragraph (1) was amended by point 3. of Decision no. 1300/2010 starting with 28.12.2010. Machine Translated by Google (2) The central public authority for environmental protection shall communicate to the Administration of the Environment Fund the situation of operators and aircraft operators who did not return greenhouse gas emission certificates under the law, the number of certificates not returned by each of them, as well as other documents relevant. ___________ Paragraph (2) was amended by point 43. of Decision no. 204/2013 starting with 30.04.2013. (3) Repealed by point 4. of Decision no. 1300/2010 starting with 28.12.2010. ___________ Paragraph (3) was amended by point 27. of Decision no. 399/2010 starting with 10.05.2010. (4) The payment of the amounts provided in par. (1) does not exempt the operator or aircraft operator from the obligation to return greenhouse gas emission certificates for each tonne of carbon dioxide equivalent emitted for which the operator or aircraft operator has not returned certificates in the national register until on the date on which it issues the greenhouse gas emission allowances corresponding to the emissions of the following calendar year. ___________ Paragraph (4) was amended by point 3. of Decision no. 1300/2010 starting with 28.12.2010. 5. In the event of an aircraft operator failing to comply with the provisions of this Decision and other implementing measures, the Central Public Authority for Environmental Protection may request the European Commission to decide to impose an operating ban on the aircraft operator. ___________ Paragraph (5) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. (6) The request sent according to par. (5) contains: a) proof that the aircraft operator has not fulfilled its obligations under this Decision; b) information on the enforcement measures taken by the competent authority for the fulfillment by the aircraft operator of the legislative obligations incumbent on the operator concerned; c) a justification for imposing the operating ban at the level of the European Union; and d) a recommendation on the scope of the operating ban at EU level and any conditions that should apply in this case. ___________ Paragraph (6) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. (7) Before adopting the decision provided in par. (5) Where possible, consultations shall take place between the central public environmental protection authority, the authority responsible for the supervision of the aircraft operator concerned and the European Commission. ___________ Paragraph (7) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. (8) The central public authority for environmental protection shall inform the aircraft operator of the information communicated and taken into account by the European Commission when adopting the decision to impose an operating ban provided in par. (5). ___________ Paragraph (8) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. (9) The aircraft operator may address in writing to the European Commission, within a maximum of 10 working days from the date on which the European Commission communicates to the central public authority for environmental protection the information provided in par. (8). ___________ Machine Translated by Google Paragraph (9) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. (10) The central public transport authority shall implement in Romania the decisions adopted by the European Commission regarding the imposition of an operating ban on the aircraft operator and shall inform the European Commission of the measures established at national level for the application of these decisions. ___________ Paragraph (10) was introduced by point 28. of Decision no. 399/2010 starting with 10.05.2010. Art. 281 . - (1) The following deeds constitute contraventions and are sanctioned as follows: a) non- compliance with the provisions of art. 5 para. (1), with a fine from 30,000 lei to 50,000 lei; b) non-compliance with the provisions of art. 6 para. (4) and of art. 9 para. (4), with a fine from 10,000 lei to 20,000 lei; c) non-compliance by the operators with the obligations to submit annually to the competent authority for environmental protection the plan of measures, containing the requirements provided in art. 8 lit. c), with a fine from 20,000 lei to 30,000 lei; d) non-compliance with the provisions of art. 9 para. (1), with a fine from 20,000 lei to 30,000 lei; e) non-compliance with the provisions of art. 142 para. (8) and of art. 21 para. (1), (3), (5), (6), (7), (12), (13), (14), with a fine from 20,000 lei to 50,000 lei; ___________ Letter e) was amended by point 29. of Decision no. 399/2010 starting with 10.05.2010. f) non-compliance with the provisions of art. 9 para. (5) and (6), with a fine from 10,000 lei to 20,000 lei. ___________ Letter f) was introduced by point 30. of Decision no. 399/2010 starting with 10.05.2010. (2) The finding of non-compliance with the provisions of par. (1) shall be made by the central public authority for protection which informs the National Environmental Guard. ___________ Paragraph (2) was amended by point 38. of Decision no. 204/2013 starting with 30.04.2013. (3) The application of the sanctions for the contraventions provided in par. (1) shall be made by the staff designated from within the National Environmental Guard. ___________ Paragraph (3) was introduced by point 6. of Decision no. 1300/2010 starting with 28.12.2010. ___________ Article 281 . was introduced by point 11. of Decision no. 133/2010 starting with 20.03.2010. Art. 29. - The contraventions provided in art. 281 , the provisions of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with modifications and completions by Law no. 180/2002, with subsequent amendments. ___________ Art. 29. - was modified by point 39. of Decision no. 204/2013 starting with 30.04.2013. Art. 30. - The central public authority for environmental protection displays annually, on its own website, as well as at its headquarters, the names of the operators or operators of aircraft that have violated the provisions of art. 18 para. (2) and (3). ___________ Art. 30. was amended by point 32. of Decision no. 399/2010 starting with 30.04.2010. Art. 301 . - The documents submitted by the aircraft operators to the competent authorities are in Romanian. ___________ Article 301 . was introduced by point 33. of Decision no. 399/2010 starting with 30.04.2010. Machine Translated by Google Art. 302 . - The activities provided in annex no. 1, with the exception of those relating to aviation activities, enter trading scheme for greenhouse gas emission allowances from 1 January 2013. ___________ Article 302 . was introduced by point 34. of Decision no. 399/2010 starting with 30.04.2010. Art. 31. Repealed by point 13. of Decision no. 133/2010 starting with 10.03.2010. Art. 32. - Annexes no. 1-5 are an integral part of this decision. This Decision transposes the provisions of 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 Directive 96/61 / EC. of the Council, published in the Official Journal of the European Union (OJEU) no. L. 275/2003, the provisions of Directive 2004/101 / EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87 / EC establishing a system for the trading of greenhouse gas emission allowances in within the framework of the mechanisms based on the draft Kyoto Protocol, published in the Official Journal of the European Union (OJEU) no. L. 338/2004, the provisions of Directive 2008/101 / EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87 / EC to include aviation activities in the trading system for greenhouse gas emission allowances greenhouse gas in the Community, published in the Official Journal of the European Union (OJEU) no. L. 8 of 13 January 2009, and the provisions of Directive 2009/29 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87 / EC with a view to improving and extending the Community system of emissions trading with greenhouse effect, published in the Official Journal of the European Union (OJEU) no. L 140 of 5 June 2009. ___________ The paragraph was amended by point 40. of Decision no. 204/2013 starting with 30.04.2013. ANNEX No. 1 categories of activities to which the Government Decision no. 780/2006 on the establishment of the marketing scheme for certificates of greenhouse gas emissions 1. Installations or parts of installations used for research, development and testing of new products and processes and installations using exclusively biomass shall not be covered by this Decision. 2. The threshold values mentioned below generally refer to production capacities or yields. In cases where several activities that fall into the same category are carried out within the same installation, the capacities of these activities are added together. 3. When calculating the total rated thermal input of an installation in order to decide on its inclusion in the Community scheme, the rated thermal input of all technical units forming part of it and burning fuels within that installation shall be added together. These units could include any type of boilers, burners, turbines, heaters, furnaces, incinerators, kilns, ovens, kilns, dryers, engines, fuel cells, chemical combustion plants, torches and thermal afterburners, or catalytic. Installations with a rated thermal input of less than 3 MW and installations using exclusively biomass are not taken into account. Installations that use only biomass include installations that use fossil fuels only when the plant is started or stopped. 4. If an installation serves an activity for which the threshold is not expressed as total rated thermal input, the threshold for that activity shall take precedence in the decision on inclusion in the Community scheme. 5. If an installation is found to exceed the capacity threshold for any of the activities listed in this Annex, all greenhouse gas installations, other than installations for the incineration of hazardous waste, shall be included in the greenhouse gas emissions permit. or municipal. 6. From 1 January 2012, all flights arriving at or departing from an aerodrome located on the territory of a Member State to which the Treaty on European Union applies. Greenhouse gas ACTIVITY emissions Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (excluding installations for the incineration Carbon dioxide of hazardous or municipal waste) Refining of mineral oils Carbon dioxide Coke production Carbon dioxide Roasting or sintering, including pelletizing, of metal ores (including sulphide ores) Carbon dioxide Machine Translated by Google Production of cast iron or steel (primary or secondary smelting), including continuous casting plants with a production capacity Carbon dioxide exceeding 2.5 tonnes per hour Production or processing of ferrous metals (including ferro - alloys) when combustion plants with a total rated thermal input Carbon dioxide exceeding 20 MW are operated. Processing includes, but is not limited to, rolling mills, reheaters, annealing furnaces, forgings, smelters, coatings and pickling Primary aluminum production Carbon dioxide and perfluorocarbons Secondary aluminum production when combustion plants with a total rated thermal input of more than 20 MW are operated Carbon dioxide Production or processing of non-ferrous metals, including the production of alloys, refining, smelting, etc., when combustion Carbon dioxide plants with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a Carbon dioxide production capacity exceeding 50 tonnes per day Production of lime or calcination of dolomite or magnesite in rotary kilns or other kilns with a production capacity exceeding 50 Carbon dioxide tonnes per day Manufacture of glass, including glass fiber, with a melting capacity exceeding 20 tonnes per day Carbon dioxide Manufacture by firing of ceramic products, in particular tiles, bricks, refractory bricks, ceramic tiles, ceramic tiles or porcelain, Carbon dioxide with a production capacity exceeding 75 tonnes per day Manufacture of mineral wool insulation material using glass, rock or slag, with a melting capacity exceeding 20 tonnes per Carbon dioxide day Drying or calcination of gypsum or the manufacture of gypsum boards and other gypsum products, when combustion plants with a Carbon dioxide total rated thermal input exceeding 20 MW are operated Production of cellulose from wood or other fibrous materials Carbon dioxide Production of paper or paperboard, having a production capacity exceeding 20 tonnes per day Carbon dioxide Production of carbon black, involving the carbonisation of organic substances such as oils, tar, cracking and distillation Carbon dioxide residues, when combustion plants with a total rated thermal input exceeding 20 MW are operated Nitric acid production Carbon dioxide and nitrogen oxide Production of adipic acid Carbon dioxide and nitrogen oxide Production of glyoxalic and glyoxyl acid Carbon dioxide and nitrogen oxide Ammonia production Carbon dioxide Production of bulk organic chemicals by cracking, reforming, complete or partial oxidation or by similar processes, with a Carbon dioxide production capacity exceeding 100 tonnes per day Production of hydrogen (H2) and synthesis gases by reforming or partial oxidation, with a production capacity exceeding 25 Carbon dioxide tonnes per day Production of calcined soda (Na2CO3) and sodium bicarbonate (NaHCO3) Carbon dioxide Machine Translated by Google Capture of greenhouse gases from installations falling within the scope of this Decision for the transport and Carbon dioxide geological storage in a storage site authorized pursuant to Directive 2009/31 / EC of the European Parliament and of the Council of 23 April 2009 on geological storage of carbon dioxide and amending Council Directive 85/337 / EC and Directives 2000/60 / EC 2001/80 / EC, 2004/35 / EC, 2006/12 / EC, 2008/1 / EC and Regulation (EC) no. 1,013 / 2006 of the European Parliament and of the Council Transport of greenhouse gases through pipelines for geological storage at a storage site authorized under Carbon dioxide Directive 2009/31 / EC Geological storage of greenhouse gases in a storage site under Directive 2009/31 / EC Carbon dioxide Aviation Carbon dioxide Flights which depart from an aerodrome situated in the territory of a Member State to which the provisions of the Treaty on European Union apply or which arrive at such an aerodrome. This activity does not include: a) flights operated exclusively for the carriage of an incumbent monarch and his close relatives, heads of state, heads of government and ministers from non-member countries on official mission, provided that such a situation be evidenced by the appropriate flight status indicator in the flight plan; b) military flights performed with military aircraft and flights of customs and police services; c) flights related to search and rescue missions, flights of the fire services, humanitarian flights and flights of the emergency medical services authorized by the corresponding competent authorities; d) any flights performed exclusively in accordance with the visual flight rules defined in Annex 2 to Chicago Convention; e) flights ending at the aerodrome from which the aircraft took off and during which no intermediate landings took place; f) training flights performed exclusively for the purpose of obtaining a license or qualification, in the case of flight crew, if this is evidenced by an appropriate indication in the flight plan, provided that the purpose of the flight is not the carriage of passengers and / or cargo or aircraft positioning or transport; g) flights performed exclusively for the purpose of scientific research or for the purpose of verification, testing or certification of the aircraft or on-board or ground equipment; h) flights performed by aircraft with a maximum certificated take-off mass of less than 5700 kg; i) flights performed under the public service obligations imposed, in accordance with Regulation (EEC) no. 2,408 / 92 of the Council of 23 July 1992 on the access of Community air carriers to intra-Community air routes on routes in the outermost regions, as referred to in Art. 299 para. (2) of the Treaty on European Union, or on routes where air transport capacity does not exceed 30,000 seats per year; and j) flights which, with the exception of this letter, would fall within this activity, performed by a commercial air transport operator which performs either less than 243 flights per period, for 3 consecutive periods of 4 months each, or flights whose total annual emissions are less than 10,000 tons per year. Flights performed exclusively for the transport, in official missions, of an incumbent monarch and his close relatives, of the Heads of State, of the Heads of Government and of the Ministers of a Member State who are on an official mission may not be excluded under this letter. . ___________ ANNEX No. 1 was amended by point 35. of Decision no. 399/2010 starting with 30.04.2010. ANNEX No. 2 Machine Translated by Google GREENHOUSE GASES Carbon dioxide (CO2) Hydrofluorocarbons (HFCs) Metan (CH4) Perfluorocarburi (PFC-uri) Nitrogen oxide (N2O) Sulfur hexafluoride (SF6) ANNEX No. 3 Repealed by paragraph 41. of Decision no. 204/2013 starting with 30.04.2013. ANNEX No. 4 principles on monitoring and reporting of greenhouse gas emissions PART A Monitoring and reporting of emissions from stationary installations (1) Monitoring of carbon dioxide emissions Monitoring of emissions shall be based on calculations or measurements. (2) Calculation The calculation of emissions shall be made using the following formula: activity data x emission factor x oxidation factor Activity data (fuel used, production volume, etc.) shall be monitored on the basis of data provided or based on measurements. Accepted emission factors must be used. Activity-specific emission factors are accepted for all fuel types. Initial emission factors are accepted for all types of fuels, except non-commercial fuels (alternative fuels from waste, such as tires and gases from industrial processes). Initial emission factors specific to coal and emission factors specific to the European Union or each national producer for natural gas will be developed. The initial emission factors of the IPCC (Intergovernmental Panel on Climate Change) are accepted for refinery products. The emission factor for biomass is zero. If the emission factor does not take into account that some of the carbon does not oxidize, then an additional oxidation factor must be used. If activity-specific emission factors have been calculated and the oxidation process has already been considered, the oxidation factor no longer applies. The implicit oxidation factors elaborated according to the Government Emergency Ordinance no. 152/2005 on integrated pollution prevention and control, approved with amendments and completions by Law no. 84/2006, unless the operator can demonstrate that activity-specific emission factors are determined more accurately. A separate calculation must be made for each activity, installation and for each fuel. (3) Emission measurement Standard or accepted methods shall be used to measure emissions and shall be corroborated with an emissions calculation. (4) Emission monitoring for other greenhouse gases Standard or accepted methods must be used. (5) Emission reporting Each operator must include the following information in the installation report: A. Identification data of the installation, including: a) the name of the installation; b) address, including postal code and country; c) the type and number of activities provided in annex no. 1, carried out within the installation; address, telephone, fax, e-mail and contact details; and d) the name of the owner of the installation and the name of the parent company. B. For each activity provided in annex no. 1, carried out on the site for which it is calculated emissions, must include: a) data regarding the activity; b) emission factors; c) oxidation factors; d) total emissions; and e) uncertainty. C. For each activity provided in annex no. 1, carried out on the site for which they are measured emissions, must include: a) total emissions; Machine Translated by Google b) information on the credibility of the measurement methods; and c) uncertainty. D. For emissions from the combustion process, the report must also include the oxidation factor, unless oxidation has already been taken into account in substantiating the specific emission factor. The central public authority for environmental protection shall take the necessary measures to coordinate the reporting requirements with other existing reporting requirements, to make reporting easier for operators. PART B Monitoring and reporting of aviation emissions Monitoring of carbon dioxide emissions Emissions are monitored by calculation. The calculation of emissions is performed according to the formula: fuel consumption x emission factor Fuel consumption includes the fuel consumed by the auxiliary power unit. Actual consumption of fuel for each flight is used whenever possible and is calculated according to the formula: the amount of fuel in the aircraft tanks after the end of refueling for that flight - the amount of fuel in the aircraft tanks after refueling for the next flight ± the amount of fuel refueled for the next flight. If actual fuel consumption data are not available, a standard, tiered approach is used to estimate fuel consumption data based on the best available information. The standard emission factors in the 2006 IPCC guidelines for inventory or subsequent updates of those guidelines shall be used, unless the activity-specific emission factors, determined by independent accredited laboratories using accepted analytical methods, are more accurate. The biomass emission factor is zero. A separate calculation is performed for each flight and fuel. Emissions reporting Each aircraft operator shall include in the report submitted in accordance with the provisions of Art. 21 para. (12) the following information from the decision: A. Identification information of the aircraft operator, including: - name of the aircraft operator; - the Member State of administration; - the address, including the postal code and the country and, if different, the contact address in Romania; - the registration numbers of the aircraft and the types of aircraft used during the reporting period to perform the aviation activities listed in Annex no. 1, for which it is the aircraft operator; - the number and issuing authority of the air operator 's certificate and operating license on the basis of which the aircraft operator carries out the aviation activities listed in Annex no. 1, for which it is the aircraft operator; - the address, telephone number, fax number and e-mail of a contact person; and - the name of the owner of the aircraft. B. For each type of fuel for which emissions are calculated, the following must be included: - fuel consumption; - emission factor; - total cumulative emissions from all flights during the reporting period falling within in the category of aviation activities listed in Annex no. 1, for which it is the aircraft operator; - cumulative emissions from: -> all flights performed during the period covered by the report, which fall into the category of aviation activities listed in Annex no. 1, for which it is the aircraft operator, which departed from an aerodrome located in the territory of a Member State and which arrived at an aerodrome located in the territory of the same Member State; -> all other flights performed during the reporting period, which fall into the category of aviation listed in annex no. 1, for which it is the aircraft operator; cumulative emissions from all flights performed during the reporting period, falling within the category of aviation activities listed in annex no. 1, for which it is the aircraft operator, and which: -> left each Member State; and -> arrived in each Member State from a third country; - uncertainty. Monitoring ton-kilometer data according to art. 142 and 15 of the decision. For requests for allocation of quotas in accordance with art. 142 para. (1) or with art. 15 para. (5) of the judgment, the value of aviation activities is calculated in tonne-kilometers, according to the following formula: tonne-kilometers = distance x payload, where: distance means the orthodromic distance between the departure and arrival aerodromes plus a factor additional fixed 95 km; and payload means the total mass of goods, mail and passengers carried. For calculating the payload: Machine Translated by Google - the number of passengers is the number of persons on board, except for crew members; - an aircraft operator may choose to apply either the actual mass or the standard mass of passengers and hold baggage recorded in the relevant mass and balance documentation for relevant flights or a standard value of 100 kg for each passenger and his hold baggage. Reporting tonne-kilometer data according to art. 142 and 15 of the decision. Each aircraft operator enters the following information in the application it submits according to art. 142 para. (1) or art. 15 para. (5) of the decision: A. Identification information of the aircraft operator, including: - name of the aircraft operator; - the Member State of administration; - the address, including the postal code and the country and, if different, the contact address in Romania; - the registration numbers of the aircraft and the types of aircraft used, during the year of the application, for which it is the aircraft operator; - the number and issuing authority of the air operator 's certificate and operating license on the basis of which the aircraft operator carries out aviation activities listed in Annex no. 1, for which it is an aircraft operator; - the address, telephone number, fax number and e-mail of a contact person; and - the name of the owner of the aircraft. B. Ton-kilometer data: - number of flights per pair of aerodromes; - number of passenger-kilometers per pair of aerodromes; - number of tonne-kilometers per aerodrome pair; - the method chosen for calculating the mass of passengers and hold baggage; - the total number of tonne-kilometers for all flights performed during the reporting year and which are falls into the category of aviation activities listed in Annex no. 1, for which it is the aircraft operator. ___________ ANNEX No. 4 was amended by point 35. of Decision no. 399/2010 starting with 30.04.2010. ANNEX No. 5 VERIFICATION CRITERIA PART A Verification of emissions from stationary installations (1) General principles 1. The emissions generated by each activity provided in annex no. 1 to the decision must be subject to verification. 2. The verification process must include the observations regarding the report provided in art. 21 para. (2) of the decision and the monitoring of emissions carried out during the previous year. The safety, credibility and accuracy of monitoring systems and reported emissions data and information must be specified, in particular: a) reported data on the activity, measurements and associated calculations; b) choice and use of emission factors; c) calculations leading to the determination of all emissions; d) the accuracy of the choice and use of measurement methods, if the measurement is used. 3. Reported greenhouse gas emissions can only be validated if the data and information are reliable and credible, allowing the determination of emissions with a high degree of accuracy. A high degree of accuracy is achieved when the operator demonstrates that: a) the reported data are conclusive; b) the data collection was carried out according to the applicable scientific standards; and c) important records of the installation are complete and conclusive. 4. The verifier must have access to all locations and information subject to verification. 5. The verifier must take into account whether the installation is registered according to the Government Decision no. 57/2011 on the establishment of measures to ensure the application of the provisions of Regulation (EC) no. 1,221 / 2009 of the European Parliament and of the Council of 25 November 2009 on voluntary participation by organizations in a Community eco - management and audit scheme (EMAS) and repealing Regulation (EC) No. 761/2001 and Commission Decisions 2001/681 / EC and 2006/193 / EC. ___________ Subpoint 5. was amended by point 42. of Decision no. 204/2013 starting with 30.04.2013. (2) Methodology Strategic analysis 6. The verification must be based on a strategic analysis of all activities carried out within the installation. This requires the verifier to have an overview of all activities and their significance on emissions. Machine Translated by Google Process analysis 7. If necessary, verification of the information transmitted should be carried out at the site installation. The verifier must determine by sampling whether the data and information reported are correct. Risk analysis 8. The verifier shall assess all emission sources in the installation regarding the credibility of the data of each source that contributes to the total emissions of the installation. 9. Based on this analysis, the verifier shall explicitly identify the sources for which the determination of emissions has a high risk of error, as well as other aspects of the monitoring and reporting procedure, which may contribute to the errors in determining the total emissions. This involves, in particular, the choice of emission factors and the calculations needed to determine the level of emissions from individual sources. Particular attention shall be paid to those sources for which the determination of emissions presents a high risk of error and to the aspects of the monitoring procedure set out in points 1 to 5. 10. The verifier must consider all methods of effective risk control applied by operator in order to minimize the degree of uncertainty. Validation report 11. The verifier must draw up a report on the validation process, mentioning whether the report made by the operator according to the provisions of art. 21 para. (2) of the decision is satisfactory. The verifier's report must specify all relevant aspects of the verification activity. The operator's report, prepared according to the provisions of art. 21 para. (2) of the decision, it is declared satisfactory if the verifier validates that the total emissions are declared correctly. Minimum requirements regarding the competences of the verifier 12. The verifier must be independent of the operator, to fulfill his attributions with objectivity and professionalism and to know: a) the provisions of the present decision, as well as the European standards and guidelines; b) the relevant legislative, regulatory and administrative requirements such as the activity subject to verification; and c) the procedures for obtaining all information on each emission source in the installation, in particular on data collection, measurement, calculation and reporting. PART B Verification of emissions from aviation activities 13. The general principles and methodology set out in this Annex shall apply to the verification of emission reports originating from flights falling into the category of aviation activities listed in Annex no. 1. In this sense: a) at point 3, the reference to the operator is also interpreted as a reference to an aircraft operator, and at letter (c) in that paragraph, the reference to the installation shall also be construed as a reference to the aircraft used to perform the aviation activities that are the subject of the emission monitoring report; b) at point 5, the reference to the installation shall also be interpreted as a reference to the aircraft operator; c) at point 6, the reference to the activities carried out in the installation is also interpreted as a reference to the activities of aviation subject to the report, undertaken by the aircraft operator; d) in point 7, the reference to the location of the installation shall also be construed as a reference to the locations used by the aircraft operator to carry out the aviation activities that are the subject of the emission monitoring report; e) in points 8 and 9, the references to the emission sources in the installation shall also be interpreted as references to the aircraft of which responds to the aircraft operator; f) in points 10 and 12, references to the operator shall be construed as references to an aircraft operator. Additional provisions regarding the verification of emission reports in the aviation sector 14. The verifier shall ensure in particular that: a) all flights falling under an aviation activity listed in Annex no. 1 to the decision. In carrying out this task, the verifier shall use the timetable and other traffic data of the aircraft operator, including other traffic data of the aircraft operator from Eurocontrol at the request of that operator; b) there is an overall coherence of the data between the cumulative fuel consumption and the data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity. Additional provisions regarding the verification of tonne-kilometer data transmitted within the meaning of art. 142 and 15 of the decision. 15. The general principles and the methodology for verifying the reports on greenhouse gas emissions, in accordance with the provisions of art. 21 para. (12) of the decision, mentioned in this annex, shall apply accordingly for the verification of tonne- kilometer aviation data. 16. The verifier shall ensure in particular that, at the request of the operator concerned, submitted in accordance with art. 142 para. (1) and art. 15 para. (5) of the decision, only the flights actually performed and which fall into the category of aviation activities listed in Annex no. 1 for which the aircraft operator is responsible. In carrying out this task, the verifier shall use the aircraft operator 's traffic data, including the aircraft operator' s traffic data from Eurocontrol at the request of that operator. The verifier shall also ensure that the payload reported by the aircraft operator corresponds to the payload records kept by the operator concerned in order to ensure flight safety. ___________ Machine Translated by Google ANNEX No. 5 was amended by point 35. of Decision no. 399/2010 starting with 30.04.2010.