Decree No. 287 / 2010 Coll.
Decree on the implementation of certain provisions of the Act on the Conditions for the trading of greenhouse gas emission allowances in the field of aviation
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20.10.2010
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287
DECLARATION
of 8 October 2010
on the implementation of certain provisions of the Act on the terms and conditions for greenhouse gas emission allowance trading in aviation
According to Section 24 (d) to (f) of Act No. 695 / 2004 Coll., on the terms of trading in greenhouse gas emission allowances and amending certain laws, as amended by Act No. 164 / 2010 Coll., (hereinafter referred to as "the Act"), the Ministry of Environment provides for the implementation of Sections 7 (2), 7 (5), 9 (3) and 9 (6) of the Act:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) the scope and procedure for the detection, reporting and verification of greenhouse gas emissions and tonne-kilometre data;
(b) the details of the emission detection plans and tonne-kilometres;
(c) significant changes to the detection and reporting of emissions and tonne-kilometre data to be reported; and
(d) applications for allowances.
Basic concepts
For the purposes of this decree:
(a) airport of departure - the airport at which the flight representing the aviation activity listed in Annex 1 to the Act begins;
(b) the aerodrome of arrival - the aerodrome at which the flight constitutes an aviation activity listed in Annex 1 to the Act ends;
(c) a pair of airports - a pair formed by the airport of departure and arrival,
(d) mass and balance documentation - documentation referred to in international 2), European 3) or national rules;
(e) passengers - persons on board an aircraft during flight, except for crew members;
(f) payload - total mass of cargo, mail, passengers and baggage carried on board the aircraft during flight;
(g) tonne-kilometre - tonne of payload carried over a distance of one kilometre;
(h) tonne-kilometre data report - aircraft operator's report of total tonne-kilometre per calendar year;
(i) annual CO2 emissions report - aircraft operator's report of total CO2 emissions produced per calendar year;
(j) by bet - the quantity of fuel subjected to representative sampling and characterised and moved within a single loading or repeated period;
(k) biomass share - the weight of carbon of biological origin in the mass of the total carbon of biological and fossil origin in the mixed fuel;
(l) biomass fuel - biomass incinerated for energy purposes;
(m) combustion emissions - greenhouse gas emissions from the exothermic oxygen fuel reaction;
(n) accuracy levels - achieved accuracy in determining active data, emission factors, as well as useful load methodologies;
(o) the detection procedure - the emission procedure by calculation and the procedure for determining tonne-kilometre data as well as the choice of precision levels;
(p) reporting period - the calendar year in which emissions or tonne-kilometre data are collected and reported,
(q) activity data - fuel consumption information, expressed in mass units (t),
(r) emission factor - a factor based on the carbon content of fuels, expressed in tCO2 / TJ or tCO2 / t,
(s) emission source - individual aircraft,
(t) source flow - specific fuel type, causing CO2 emissions in one or more emission sources due to its consumption;
(u) less significant source flow - source flow, the annual emissions of which do not exceed 5 kt, or source flows which do not together contribute more than 10% of the total emission but not more than 100 kt;
(v) least significant source flow - source flow, the annual emissions of which do not exceed 1 kt, or source flows which together do not participate in the total emission of more than 2% but not more than 20 kt;
(w) commercial standard fuel - aviation kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas), which are internationally standardised commercial fuels having a 95% confidence interval of not more than ± 1% of their specified calorific value;
(x) disproportionately high costs - costs of measures disproportionate to its overall benefits;
1. when selecting the accuracy levels, the threshold may be defined as the value of allowances corresponding to the improvement of the accuracy level;
2. for measures improving the quality of reported emissions or tonne-kilometres, but without direct impact on accuracy, disproportionate costs may correspond to a proportion exceeding the indicative threshold of 1% of the average of the available emission data either reported for the previous calendar year or, in the case of a new operator, from benchmarks taken from comparable emission sources,
(y) severity level - quantitative threshold expressed as a percentage of the highest possible deviation when verifying greenhouse gas emissions or tonne-kilometres.
Principles and procedures for detection
The aircraft operator shall detect emissions and tonne-kilometres in accordance with the principles set out in Annex 1 to this Regulation. Emissions and tonne-kilometre data shall be determined using a calculation-based procedure. The procedures for the calculation of emissions are set out in Annex 2 to this Regulation, and the procedures for the calculation of tonne-kilometre data are set out in Annex 3 to this Regulation.
Tier
(1) The level of accuracy is used to determine the variables, which are active data, emission factors or the applicable aircraft load methodology. Increasing tier number means higher accuracy.
(2) The aircraft operator shall use the accuracy level set out in Annex 2 to this Regulation when determining emissions. The operator of an aircraft with average reported annual emissions over a previous trading period equal to or less than 50 kilotons of fossil CO2 shall use tier 1 for source streams. The same level of accuracy shall be used by the aircraft operator if the reported emissions are not available or no longer applicable and their conservative estimate or assumption is equal to or less than 50 kilotons of fossil CO2. All other aircraft operators shall apply tier 2 for source flows.
(3) The aircraft operator shall use the accuracy level set out in Annex 3 to this Regulation when determining tonne-kilometres. An aircraft operator shall use one of the two levels of accuracy to determine the mass of passengers. In the same trading period, the chosen level of accuracy applies to all flights.
(4) If the prescribed accuracy levels cannot be used for temporary technical problems, the aircraft operator shall apply the highest achievable accuracy level until the original condition is restored. A temporary change shall be reported by the aircraft operator to the Ministry of the Environment (hereinafter referred to as the Ministry) without delay, stating the reasons for the change.
(5) Changes in the accuracy levels referred to in paragraph 4 shall be fully documented by the aircraft operator, ensuring the maximum completeness of the data.
Use of emission factors
(1) The reference emission factors for tier 1 are set out in Annex 2 to this Decree. If an aircraft operator uses an alternative fuel during the reference year for which reference emission factors are not specified, it shall apply emission factors in accordance with Section 6.
(2) For biomass, emission factor 0 is determined. emissions from biomass are not included. Actual biomass emissions shall be reported separately from other emissions of the installation. The materials referred to in another legislation4 shall be considered biomass.
Determination of emission factors for alternative fuels
(1) The relevant CEN standards shall be used for procedures applied to:
(a) the sampling of the fuel and its calorific value, the determination of the carbon content and the emission factor, in particular the sampling frequency, sampling procedures, the determination of the calorific value and / or the carbon content for different types of fuels;
(b) the sampling of fuel and the determination of biomass in it.
In the absence of CEN standards, ISO or national CSN standards shall apply. In the absence of any applicable standards, procedures may be implemented in accordance with the draft standards or guidelines adopted by the aircraft operator in agreement with the Ministry. The sample taken for the respective bet shall be sufficiently representative. The sample shall be taken at least every 20 000 tonnes of alternative fuel, at least six times a year.
(2) For the determination of emission factors, carbon content and calorific value, a laboratory accredited according to EN ISO / IEC 17025 or a laboratory meeting requirements equivalent to those laid down in EN ISO / IEC 17025 shall be used as a priority if the aircraft operator demonstrates to the Ministry that the laboratory complies with those requirements.
(3) In the case of representative sampling, derived oxidation factors, determined composition, emission factor, determined carbon content, calorific value, emission factors and biomass deposits which are not sufficiently representative and burdened by a systematic error shall be excluded.
(4) The emission factors determined shall only be applied to those fuel deposits that have been found to be representative. The full documentation of the procedures used in the laboratory concerned for the determination of the composition, emission factor and biomass ratio, including the full set of results, shall be kept and made available to the authorised person.
(5) The biomass content of the fuel shall be determined by the method of manual sorting of the components of the composite materials, the differential method determining the calorific value of the binary mixtures and their net constituents or isotopic methods based on carbon analysis 14. If the determination of the biomass fraction of the mixed fuel is not technically feasible or is burdened with disproportionate costs, the biomass fraction shall be deemed to be zero in such cases.
Requirements for low-emission aircraft operators
(1) An operator of an aircraft that is not a commercial air transport operator, which, for three consecutive four-month periods, performs less than 243 flights in each of these periods, or performs flights with a total annual emissions production of less than 10 000 tonnes of CO2 per year, may estimate fuel consumption using instruments approved by the European Commission.
(2) An aircraft operator using approved fuel consumption estimation tools and exceeding the threshold referred to in paragraph 1 during the reporting year shall notify the Ministry without delay. If the aircraft operator does not ensure that the threshold is not exceeded again from the following reporting period, the aircraft operator shall update the survey plan to meet the survey requirements set out in Annex 2 to this Regulation and submit the revised survey plan to the Ministry for approval without undue delay.
Uncertainties in the calculation of CO2 emissions and tonne-kilometre data in aviation activity
(1) When calculating emissions and tonne-kilometre data, the aircraft operator shall take into account the main sources of uncertainty and use this information in the selection of the detection method approved in the survey plan referred to in points 5 and 6 of Annex 4 to this Regulation.
(2) If the fuel added is determined solely by the invoiced amount of fuel or other relevant documents provided by the fuel supplier, such as fuel delivery notes supplemented for the flight, no further proof of the associated uncertainty level shall be required. If on-board systems are used for the measurement of the refilled fuel, the level of uncertainty associated with the measurement of the fuel shall be demonstrated by calibration sheets. If calibration sheets are not available, the aircraft operator shall provide the aircraft manufacturer's specifications specifying the levels of uncertainty for on-board fuel measurement systems and provide evidence of the correct operation of the fuel measurement systems.
(3) For example, uncertainty for all other parts of the survey methodology is based on a conservative expert assessment taking into account the estimated number of flights in the reporting period. The cumulative effect of all components of the measurement system on the uncertainty of annual activity data shall not be taken into account.
Plan for the detection of CO2 emissions and tonne-kilometres
(1) The aircraft operator shall use the form set out in Annex 4 to this Regulation to establish the CO2 detection plan.
(2) The aircraft operator shall use the form set out in Annex 5 to this Regulation to establish the tonne-kilometre survey plan. The aircraft operator shall specify in the tonne-kilometre survey plan which survey methodology is used for each aircraft type. If the aircraft operator intends to use a chartered aircraft or other type of aircraft that was not included in the tonne-kilometre survey plan at the time of its submission to the Ministry, the aircraft operator shall indicate in the tonne-kilometre survey plan a description of the procedure to be used to determine the survey methodology for those additional aircraft types. After election, the survey methodology must be applied consistently.
(3) The aircraft operator shall review the CO2 or tonne-kilometre survey plan before starting each trading period and, where appropriate, submit a revised survey plan. When carrying out this review, the aircraft operator shall assess whether the survey methodology can be changed in order to improve the quality of the reported data without leading to disproportionate costs. The aircraft operator shall notify the Ministry of any proposed changes to the survey methodology.
Significant changes for emission detection and reporting
Significant changes for emission detection and reporting are:
(a) a change in reported average annual emissions that requires the aircraft operator to apply a different level of accuracy;
(b) a change in the number of flights or total annual emissions resulting in the aircraft operator crossing the threshold for low-emission aircraft operators; and
(c) substantial changes in the type of fuel used.
Verification
(1) When verifying the annual CO2 emissions report or tonne-kilometre data report, the authorised person shall assess whether the applied survey procedure agrees with the approved survey procedure description and whether the results of the survey contained in the annual CO2 emissions report and the tonne-kilometre data report are free of deficiencies, distortions or errors that would lead to inaccurately reported information.
(2) Authorised person in the verification process
(a) familiarise themselves with all activities carried out by the aircraft operator, individual emission sources, measuring instruments used to detect or measure active and tonne-kilometre data, to derive and apply emission factors;
(b) familiarise themselves with the data management and management system carried out by the aircraft operator with regard to detection and reporting; to measure, analyse and verify the data contained in this system,
(c) is based on an accepted level of accuracy of the verification process in the context of the nature and complexity of the activities undertaken by the aircraft operator;
(d) establish the degree of risk for the emission or tonne-kilometre data statement concerned, taking into account any deficiency, distortion or error, in particular to monitor the possible non-transparency of data management and deflected or inconsistent values;
(e) establish a verification plan consistent with these risks and with the extent and complexity of the activities and emission sources of the aircraft operator;
(f) implement the data verification plan in accordance with the defined selection methods and ensure that all additional facts are based on their conclusions;
(g) verify the proper application of the survey procedure, which is declared in the survey plans and which declares the degree of accuracy of the detection using the relevant precision levels;
(h) request, where necessary, missing data from the aircraft operator or adding to the missing part of the documentation, an explanation of the deviation in the emission data or a revision of the calculations before a definitive conclusion on the verification is reached;
(i) verify that the standard control procedures ensuring the quality of data have been applied in accordance with this Decree;
(j) it shall be satisfied that the information found does not indicate a previous distortion of results;
(k) verify the completeness of the data on flights, emissions and tonne-kilometres compared to those on flight operations such as data collected by Eurocontrol to ensure that only eligible flights have been taken into account in the aircraft operator's report;
(l) verify the consistency between the data reported and the mass and balance documentation;
(m) verify the consistency between aggregated fuel consumption data and data on purchased or otherwise supplied fuel for aircraft operating in the aviation field; and
(n) assess whether the severity levels have been met; for aircraft operators with annual emissions not exceeding 500 kt CO2 and for tonne-kilometre data, the severity level shall be 5%; for aircraft operators with annual emissions above 500 kt CO2, the severity level shall be 2%.
(3) At the end of the verification process, the authorised person shall provide the aircraft operator with proof of the result of the verification of emissions.
Reporting of survey results
(1) The operator of an aircraft shall report the amount of CO2 emissions by means of a form for reporting the results of the CO2 emission survey certified by the authorised person, the model of which is set out in Annex 6 to this Regulation. Emissions shall be reported rounded to tonnes of CO2. Emission factors shall be rounded up to include only values relevant to both emission calculations and emission calculations and reporting. The fuel consumption per flight shall be used with all values relevant for the calculation. Active data and emission factors shall be rounded to avoid distortion of reported emissions.
(2) The operator of an aircraft shall report tonne-kilometre data for the purposes of applications pursuant to § 9 (3) and § 6 (6) of the Act by means of a form for reporting the results of the tonne-kilometre survey validated by an authorised person, the model of which is set out in Annex 7 to this Decree. The reporting of tonne-kilometre data is only required in respect of the reference years specified therein. Tons of kilometres shall be reported in rounded values [tonne]. All flight data shall be used with all values relevant to the calculation.
Standard control procedures ensuring data quality
(1) The aircraft operator shall ensure that all information referred to in Article 12 (2) is recorded, checked and prepared for independent verification.
(2) Standard control procedures ensuring the quality of data always include:
(a) identification of emission sources;
(b) sequence and interaction of detection and reporting processes;
(c) liability relationships;
(d) the methods of calculation or measurement used;
(e) measuring equipment used, if used;
(f) reporting and records;
(g) internal control of the reported data and system quality; and
(h) corrective and preventive action.
(3) The Authorised Person shall carry out a transparency, detection and reporting check in accordance with the requirements for standard control procedures ensuring data quality.
(4) When using standard data quality control procedures, the aircraft operator shall ensure that there are no omissions, distortions or errors in the handling and management of data. The method of carrying out these control procedures shall be proposed by the aircraft operator taking into account the complexity of the data set. An aircraft operator shall record the use of procedures as a basis for verification.
(5) Simple and effective standard control procedures ensuring data quality must be based on a comparison of survey results using vertical or horizontal approaches.
(6) The vertical approach is to compare the emission data collected from the aircraft operator in different years, unless differences between years can be explained by changes in
(a) the nature of the activities carried out;
(b) relating to the quantities of fuels or materials used; or
(c) relating to the operational characteristics of the emission processes.
(7) The horizontal approach consists in comparing the different ways of collecting relevant data; it is always a comparison
(a) fuel consumption data in given emission sources, with data on the purchase of such fuels and data on stock changes;
(b) data on the total consumption of fuels with data on the purchase of such fuels and data on stock changes;
(c) emission factors established by the aircraft operator or fuel vendor with national or international reference values by standard fuel categories of the International Panel on Climate Change (IPCC) based on the International Energy Agency for Comparable Fuel;
(d) emission factors derived from fuel analysis with national or international reference values for comparable fuels; and
(e) measured and calculated values.
Preservation of information
(1) The information on the CO2 emissions found and the tonne-kilometre data for the aircraft shall be kept by the aircraft operator for at least 10 years from the submission of the annual CO2 emissions report and the tonne-kilometre data report. The data retained shall be such that it is possible to carry out verification of the annual CO2 emissions report and the tonne-kilometre data report submitted by the aircraft operator.
(2) To be used for calculation, they shall:
(a) a list of all emission sources monitored;
(b) active data used for any emission calculation for each emission source;
(c) documents justifying the selection of the detection procedure and documents justifying temporary or permanent changes to the detection procedure and the selection of the level of accuracy;
(d) all relevant information concerning emission factors, including information sources and fuel analysis results;
(e) documentation of the detection process and the results of the derivation of technologically specific emission factors and relative biomass representation for specific fuels;
(f) documentation of the process of collecting active data and their sources of emissions;
(g) documentation of responsibilities in connection with emission detection;
(h) the annual CO2 emissions report and, where the aircraft operator has requested free allocation of allowances, the tonne-kilometre data report;
(i) any other information that has been identified as necessary for the verification of the emission statement;
(j) a list of own and hired aircraft and evidence of the completeness of that list;
(k) the list of flights covered by each reporting period and the necessary evidence of the completeness of that list;
(l) the data used to determine the payload and distance for the years for which tonne-kilometre data are reported; and
(m) documentation on access to data gaps and data used to address data gaps, if any.
Application forms for allocation of allowances from the special reserve
(1) The application form for the allocation of allowances free of charge pursuant to Article 9 (3) of the Act is set out in Annex 8 to this Decree.
(2) The application form for the allocation of allowances from the special reserve for a new aircraft operator under Section 9 (5) (a) of the Act is set out in Annex 9 to this Decree.
(3) The application form for the allocation of allowances from the special reserve for aircraft operators with a tonne-kilometre increase in accordance with Paragraph 9 (5) (b) of the Act is set out in Annex 10 to this Decree.
Efficacy
This Decree shall take effect on 1 November 2010.
Minister:
Mgr. Drobil v. r.
Příloha č. 1
Annex No 1 to Decree No 287 / 2010 Coll.
Principles of detection and reporting
In order to ensure accurate and verifiable detection and reporting of greenhouse gas emissions and tonne-kilometre data under the law, the detection and reporting shall be based on the following principles:
(a) completeness;
(b) consistency;
(c) transparency;
(d) truths;
(e) cost profitability; and
(f) reliability.
Basic characteristics of principles:
Complementarity: Detection and reporting for an aircraft operator shall cover all CO2 emissions from all emission sources and source streams belonging to the activities listed in Annex 1 to the Act.
Consistency: The emission and reported emissions and tonne-kilometres must always be comparable over time, the same survey methodologies and the same data sets must be used. The survey methodologies may be amended in accordance with this Decree if this increases the accuracy of the reported data. The amendments to the survey methodologies shall be subject to the approval of the Ministry and shall be duly documented in accordance with this Decree.
Transparency: Data subject to the survey, including assumptions, references, activity data, emission factors, shall be collected, recorded, collected, analysed and documented in a way that allows the verifier and the Ministry to re-establish emissions.
Truthfulness: It is necessary to ensure that the detection of emissions and tonne-kilometres does not result in systematic overevaluation or under-evaluation of actual data. If possible, sources of uncertainty shall be identified and reduced. In addition, care must be taken to ensure the highest possible accuracy for emission calculations and tonne-kilometres. An operator shall provide adequate guarantees that the emissions and tonne-kilometre reports are complete. Emissions shall be collected using the appropriate detection methodologies set out in this Decree. All measuring or other test equipment to report the data monitored shall be used, maintained, calibrated and checked in an appropriate manner. The electronic tables and other tools used to store and process the collected data shall be flawless. Emission and tonne-kilometre reports, including related data, shall not contain serious misstatements, shall avoid distortion in the selection and submission of information and shall provide a credible and balanced overview of emissions and tonne-kilometres by the aircraft operator.
Cost profitability: In selecting the survey methodology, the benefits resulting from higher accuracy and additional costs are compared. Therefore, the objective of the detection and reporting of emissions and tonne-kilometres is the highest achievable accuracy, unless technically feasible or leads to disproportionate costs. The actual survey methodology logically and simply describes the operator guidelines, thereby preventing duplication of activities and taking into account existing systems used by the aircraft operator.
Reliability: The verified emission and tonne-kilometre report shall be such that its users can rely on it to describe faithfully what it has or what can reasonably be expected to describe.
Příloha č. 2
Annex No 2 to Decree No 287 / 2010 Coll.
Emission detection procedures for aviation activities
1. RESTRICTIONS AND COMPLETION
The activity-specific guidelines contained in this Annex shall apply to the detection and reporting of emissions from aviation activities as set out in Annex 1 to the Act.
All flights listed in Annex 1 to the Act carried out by the aircraft operator during the reporting period shall be included. A call sign used for air traffic control purposes shall be used to identify the unambiguous aircraft operator responsible for the flight. The call sign shall be the ICAO code in box 7 of the flight plan or, if not available, the aircraft registration number.
2. PROCEDURES FOR CALCULATION OF CO2 EMISSIONS
CO2 emissions from aviation activities shall be calculated using the following formula:
emissions = fuel consumption × emission factor
2.1. OPENING METHODOLOGY
The aircraft operator shall determine in the survey plan for each type of aircraft:
(a) which calculation formula will be used (method A or method B);
(b) the data source used to determine the data on the fuel and fuel contained in the tank and the means of transmission, storage and retrieval of such data;
(c) where appropriate, which method is used to determine density; when reference density and temperature tables are used, the operator shall specify the source of these data.
Where an aircraft operator intends to use chartered aircraft or other types of aircraft that were not included in the survey plan at the time of its submission to the Ministry, it shall indicate in the survey plan a description of the procedure to be used to determine the survey methodology for those additional aircraft types. The aircraft operator shall ensure that, upon election, the survey methodology is consistently applied. For points (b) and (c), where this is necessary in specific situations where, for example, fuel suppliers cannot provide all the data necessary for a particular methodology, they may establish and use a list of methodologies used for certain airports containing derogations from the general methodology - see point 5 (g) of the Emission Survey Form set out in Annex 4 to this Decree.
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Regulation Information
| Citation | Decree No. 287 / 2010 Coll., on the implementation of certain provisions of the Act on the Conditions for the trading of greenhouse gas emission allowances in aviation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.2010 |
|---|---|
| Effective from | 01.11.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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