What changed, Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring an…

+ ### Article 4
− ### Article 4 — General obligation
+ Operators and aircraft operators shall carry out their obligations related to the monitoring and reporting of greenhouse gas emissions and non-CO2 aviation effects under Directive 2003/87/EC in accordance with the principles laid down in Articles 5 to 9 of this Regulation.
− Operators and aircraft operators shall carry out their obligations related to the monitoring and reporting of greenhouse gas emissions under Directive 2003/87/EC in accordance with the principles laid down in Articles 5 to 9.
+ 
+ **3.** Aircraft operators shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, activity data and calculation factors, in a transparent manner that enables the reproduction of the determination of non-CO2 aviation effects per flight by the verifier a…
+ ### Article 8
− ### Article 8 — Integrity of the methodology and of the emissions report
+ Operators and aircraft operators shall enable reasonable assurance of the integrity of emission and non-CO2 aviation effects data to be reported. They shall determine emissions and non-CO2 aviation effects using the appropriate monitoring methodologies set out in this Regulation.
− Operators and aircraft operators shall enable reasonable assurance of the integrity of emission data to be reported. They shall determine emissions using the appropriate monitoring methodologies set out in this Regulation.
+ Reported emissions and non-CO2 aviation effects data and related disclosures shall be free from material misstatement as defined in Article 3(6) of Commission Implementing Regulation (EU) 2018/2067 (5), avoid bias in the selection and presentation of information, and provide a credible and balanced …
− Reported emission data and related disclosures shall be free from material misstatement as defined in Article 3(6) of Commission Implementing Regulation (EU) 2018/2067 (5), avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation's o…
+ In selecting a monitoring methodology, the improvements from greater accuracy shall be balanced against additional costs. Monitoring and reporting shall aim for the highest achievable accuracy, unless this is technically not feasible or incurs unreasonable costs.
− In selecting a monitoring methodology, the improvements from greater accuracy shall be balanced against additional costs. Monitoring and reporting of emissions shall aim for the highest achievable accuracy, unless this is technically not feasible or incurs unreasonable costs.
+ **1.** Each operator or aircraft operator shall monitor greenhouse gas emissions, and non-CO2 aviation effects, on the basis of a monitoring plan approved by the competent authority in accordance with Article 12 of this Regulation, taking into account the nature and functioning of the installation o…
− **1.** Each operator or aircraft operator shall monitor greenhouse gas emissions on the basis of a monitoring plan approved by the competent authority in accordance with Article 12, taking into account the nature and functioning of the installation or aviation activity to which it applies.
+ **2.** The operator or aircraft operator shall modify the monitoring plan, at least, in any of the following situations:(a) new emissions occur due to new activities being carried out or due to the use of new fuels or materials not yet contained in the monitoring plan;▼M5(aa) non-CO2 aviation effect…
− **2.** The operator or aircraft operator shall modify the monitoring plan, at least, in any of the following situations:(a) new emissions occur due to new activities being carried out or due to the use of new fuels or materials not yet contained in the monitoring plan;(b) a change in the availabilit…
+ **4.** Significant modifications to the monitoring plans of an aircraft operator include:(a) with regard to emissions:▼B(i) a change of emission factor values laid down in the monitoring plan;(ii) a change between calculation methods as laid down in Annex III, or a change from the use of a calculati…
− **4.** Significant modifications to the monitoring plans of an aircraft operator include:(a) with regard to emissions:▼B(i) a change of emission factor values laid down in the monitoring plan;(ii) a change between calculation methods as laid down in Annex III, or a change from the use of a calculati…
+ **1.** The operator shall calculate hourly averages for each parameter, including concentrations and flow, relevant for determining emissions or amounts of CO2 transferred, using a measurement-based methodology by using all data points available for that specific hour.
− **1.** The operator shall calculate hourly averages for each parameter, including concentrations and flue gas flow, relevant for determining emissions using a measurement-based methodology by using all data points available for that specific hour.
+ **1.** The operator shall subtract from the emissions of the installation any amount of CO2 originating from the activities covered by Annex I to Directive 2003/87/EC that does not originate from zero-rated carbon and that is not emitted from the installation, but transferred out of the installation…
− **1.** The operator shall subtract from the emissions of the installation any amount of CO2 originating from fossil carbon in activities covered by Annex I to Directive 2003/87/EC that is not emitted from the installation, but:(a) transferred out of the installation to any of the following:(i) a cap…
+ 
+ **3.** For the determination of the quantity of CO2 transferred from one installation or CO2 transport infrastructure to another installation or CO2 transport infrastructure in accordance with paragraph 1, the operator shall apply, subject to the further provisions set out in Annex IV to this Regula…
+ Where the measurement-based methodology is applied the emission source shall correspond to the measurement point and the emissions shall be expressed as the quantity of CO2 transferred.
+ 
+ **4.** When using a measurement-based methodology for determining the quantity of CO2 transferred from one installation or CO2 transport infrastructure to another, the operator shall apply the highest tier as defined in Section 1 of Annex VIII to this Regulation.
+ 
+ However, the operator may apply the next lower tier provided that it establishes that applying the highest tier as defined in Section 1 of Annex VIII to this Regulation is technically not feasible or incurs unreasonable costs.
+ 
+ **5.** The operators may determine quantities of CO2 transferred out of the installation both at the transferring and at the receiving installation. In such cases, Article 48(3) shall apply.
+ 
+ **6.** In the case of the transfer of CO2 to a capture installation resulting from materials or fuels containing a fraction of zero-rated carbon, the transferring installation shall only subtract from its reported emissions in accordance with paragraph 1 of this Article the quantity of CO2 proportio…
+ 
+ An operator of a CO2 transport infrastructure or a storage site shall monitor emissions from leakage events, fugitive emissions and vented emissions from any CO2 mentioned in the first sub-paragraph, including from CO2 stemming from entities not carrying out activities listed in Annex I to Directive…
− **3.** For the determination of the quantity of CO2 transferred from one installation to another, the operator shall apply a measurement-based methodology, including in accordance with Articles 43, 44 and 45. The emission source shall correspond to the measurement point and the emissions shall be ex…
+ **7.** The operator of a CO2 transport infrastructure may include in the emissions reported in a given reporting period, any CO2 in transit that has been transferred to another installation or CO2 transport infrastructure no later than 31 January of the following year. The operator shall compile ann…
− For the purpose of point (b) of paragraph 1, the operator shall apply a calculation-based methodology.
+ ### Article 49a — Emissions permanently chemically bound in a product
− **4.** For determining the quantity of CO2 transferred from one installation to another, the operator shall apply the highest tier as defined in section 1 of Annex VIII.
+ **1.** The operator shall subtract from the emissions of the installation any amount of CO2 originating from non-zero-rated carbon in activities covered by Annex I to Directive 2003/87/EC that is not emitted from the installation, but permanently chemically bound in a product listed in the Delegated…
− However, the operator may apply the next lower tier provided that it establishes that applying the highest tier as defined in section 1 of Annex VIII is technically not feasible or incurs unreasonable costs.
+ In the case of CO2 resulting from materials or fuels containing a fraction of zero-rated carbon, the operator shall only subtract from the emissions of the installation the quantity of CO2 permanently chemically bound in a product listed in the Delegated Regulation adopted pursuant to Article 12(3b)…
− For determining the quantity of CO2 chemically bound in precipitated calcium carbonate, the operator shall use data sources representing highest achievable accuracy.
+ **2.** For the determination of the quantity of CO2 bound in a product meeting the specifications set out in paragraph 1, the operator shall either apply the standard methodology in accordance with Sections 2 and 4 of Annex II to this Regulation, or apply a mass balance in accordance with Article 25…
− **5.** The operators may determine quantities of CO2 transferred out of the installation both at the transferring and at the receiving installation. In such cases, Article 48(3) shall apply.
+ ## CHAPTER IV — MONITORING OF EMISSIONS AND NON-CO2 EFFECTS FROM AVIATION
− ## CHAPTER IV — MONITORING OF EMISSIONS FROM AVIATION
+ **1.** Each aircraft operator shall monitor and report emissions and non-CO2 aviation effects from aviation activities for all flights included in Annex I to Directive 2003/87/EC that are performed by that aircraft operator during the reporting period and for which the aircraft operator is responsib…
− **1.** Each aircraft operator shall monitor and report emissions from aviation activities for all flights included in Annex I to Directive 2003/87/EC that are performed by that aircraft operator during the reporting period and for which the aircraft operator is responsible.
+ **1.** At the latest four months before an aircraft operator commences aviation activities covered by Annex I to Directive 2003/87/EC, it shall submit to the competent authority a monitoring plan for the monitoring and reporting of emissions and non-CO2 aviation effects in accordance with Article 12…
− **1.** At the latest four months before an aircraft operator commences aviation activities covered by Annex I to Directive 2003/87/EC, it shall submit to the competent authority a monitoring plan for the monitoring and reporting of emissions in accordance with Article 12.
+ By way of derogation from the first subparagraph, an aircraft operator that performs an aviation activity covered by Annex I to Directive 2003/87/EC, or monitors and reports non-CO2 aviation effects, for the first time that could not be foreseen four months in advance of the activity shall submit a …
− By way of derogation from the first subparagraph, an aircraft operator that performs an aviation activity covered by Annex I to Directive 2003/87/EC for the first time that could not be foreseen four months in advance of the activity shall submit a monitoring plan to the competent authority without …
+ 
+ ### Article 56a — Calculation of CO2 equivalent for non-CO2 aviation effects
+ 
+ **1.** Each aircraft operator shall monitor the non-CO2 aviation effects from its activities performed by aeroplanes equipped with jet engines in CO2 equivalent (CO2(e)) per flight.
+ 
+ **2.** The aircraft operator shall calculate the CO2(e) per flight using the GWP metric, in particular GWP20, GWP50 and GWP100, resulting in CO2(e) values for three-time horizons (20, 50, and 100 years) for each of the monitored flights.
+ 
+ **3.** The aircraft operator shall use efficacy as defined in this Regulation and in NEATS, to refine the GWP as referred to in paragraph 2 for calculating the CO2(e) per flight unless the aircraft operator provides evidence to the competent authority that it is not possible to use efficacy.
+ 
+ **4.** To calculate CO2(e) per flight each aircraft operator shall apply a CO2(e) calculation approach covering the following elements:(a) the fuel-burn module and emissions-estimation module, as described in Annex IIIa, Section 3;(b) Method C consisting of a weather-based approach and Method D cons…
+ 
+ **5.** Each aircraft operator shall use Method C to calculate CO2(e) per flight.
+ 
+ **6.** By way of derogation from paragraph 5, small emitters, as defined in Article 55(1), may use Method D.
+ 
+ **7.** To apply the CO2(e) calculation models to their flights, aircraft operators shall meet all the following conditions, either using NEATS, pursuant to Annex IIIa, Section 2, own and third-party IT tools, or a combination of NEATS and these tools:(a) these tools comply with the requirements laid…
+ 
+ **8.** Where an aircraft operator plans to use tools referred to in paragraph 7, other than the fuel burn module, the aircraft operator shall first submit the technical specifications of the tools to the Commission. The Commission shall assess the specifications of the tools and, where these tools c…
+ 
+ ### Article 56b — Data monitoring
+ 
+ **1.** The aircraft operator shall monitor the data mentioned in Annex IIIa, Section 4.
+ 
+ **2.** The data monitored as referred to in paragraph 1 shall be sourced by the aircraft operator, including from flight data recorder equipment of the aircraft, where available.
+ 
+ **3.** By way of derogation from paragraph 2, the aircraft operator can choose to rely for the monitoring of some or all of the data, on the following:(a) independent third-party sources such as Eurocontrol;(b) NEATS, as described in Annex IIIa, Section 2.
+ 
+ **4.** Where data is missing and the aircraft operator has demonstrated that it is not capable of retrieving that data via NEATS or other methods, the aircraft operator shall use default values as provided in Annex IIIa, Section 5 and Annex IIIb.
+ 
+ **5.** The aircraft operators shall provide the verifier with access to all data that is necessary for the verification, including confidential data. Upon request of the aircraft operator the competent authority shall treat information provided by the aircraft operator as confidential.
+ 
+ **6.** Where it is not possible to use NEATS due to its unavailability, the aircraft operator shall monitor at a minimum the flight information and aircraft properties per flight. In such case the CO2(e) calculation per flight shall be performed at a later stage by the aircraft operator, at the late…
+ **7.** Where it is not possible to use a common reference NWP model due to its unavailability in NEATS, the aircraft operator, shall, by way of derogation from Article 56a(5), use Method D. Once the common reference NWP model is made available, the aircraft operator shall use the appropriate method …
+ 
+ **8.** NEATS shall be updated as appropriate
+ 
+ **1.** The operator or aircraft operator shall establish, document, implement and maintain written procedures for data flow activities for the monitoring and reporting of greenhouse gas emissions and non-CO2 aviation effects and ensure that the annual emissions report resulting from data flow activi…
− **1.** The operator or aircraft operator shall establish, document, implement and maintain written procedures for data flow activities for the monitoring and reporting of greenhouse gas emissions and ensure that the annual emissions report resulting from data flow activities does not contain misstat…
+ **2.** Descriptions of written procedures for data flow activities in the monitoring plan shall at least cover the following elements:(a) the items of information listed in Article 12(2);(b) identification of the primary data sources;▼M5(c) each step in the data flow from primary data to annual emis…
− **2.** Descriptions of written procedures for data flow activities in the monitoring plan shall at least cover the following elements:(a) the items of information listed in Article 12(2);(b) identification of the primary data sources;▼M4(c) each step in the data flow from primary data to annual emis…
+ 
+ **5.** The aircraft operator shall submit to the competent authority under the same conditions as referred to in paragraph 1, a separate report as attachment to the annual emissions report, that covers the annual non-CO2 aviation effects.
+ 
+ **6.** The separate report referred to in paragraph 5 shall contain at least the information listed in Annex X, Section 2a.
+ **1.** The competent authority shall make a conservative estimate of the emissions of an installation or aircraft operator and, where relevant, the non-CO2 aviation effects of an aircraft operator in any of the following situations:▼B(a) no verified annual emission report has been submitted by the o…
− **1.** The competent authority shall make a conservative estimate of the emissions of an installation or aircraft operator in any of the following situations:(a) no verified annual emission report has been submitted by the operator or aircraft operator by the deadline required pursuant to Article 68…
+ **2.** Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the operator or aircraft operator before issuing the verification report, the competent authority shall asse…
− **2.** Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the operator or aircraft operator before issuing the verification report, the competent authority shall asse…
+ **1.** Total annual emissions of each of the greenhouse gases CO2, N2O and PFCs, as well as non-CO2 aviation effects shall be reported as rounded tonnes of CO2 or CO2(e). The total annual emissions of the installation shall be calculated as the sum of the rounded values for CO2, N2O and PFCs.
− **1.** ►M1 Total annual emissions of each of the greenhouse gases CO2, N2O and PFCs shall be reported as rounded tonnes of CO2 or CO2(e). The total annual emissions of the installation shall be calculated as the sum of the rounded values for CO2, N2O and PFCs.** ◄ **