Legal framework

The national greenhouse gas registry has been established and is maintained conform provisions of international rules under the UNFCCC (CMP decisions), European regulations and national law.

International rules (UNFCCC)

The international rules laid down in the CMP decisions under the United Nations Framework Convention on Climate Change (UNFCCC), regulate the international emission trading between the Parties of the Kyoto Protocol. These rules have been translated into technical specifications, the Data Exchange Standards or DES, which sets the basic rules and conditions on which the national registries have been developed and are maintained.

European legislation

The European legislation adds European wide rules to the (European) registries and forms the basis of the European Emissions Trading Scheme (EU ETS). Amongst others, it establishes compliance obligations for fixed installations and aircraft operators, it allows the registry administrator to request that users and accounts in the registry comply with reasonable provisions and conditions on security, it sets accounting rules under the EU ETS, it determines the responsabilities of the users, account holders as well as of the registry administrator,...

The basis legislation for the EU ETS are the ETS directive and the registry regulation:

  • The European emission trading directive, Directive 2003/87/EG of 13 October 2003, establishes the basis for a common system of tradeable emission rights between European member states conform detailed specifications.
  • The European registry regulation Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 is currently the legal basis for the European registry system.
  • Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry.

Some other European legislation applies to the EU ETS:

  • Commission Delegated Regulation (EU) 2015/1844 of 13 July 2015 amending Regulation (EU) No 389/2013 as regards the technical implementation of the Kyoto Protocol after 2012 (a.o. true-up and carry-over).
  • Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council.
  • Commission Regulation (EU) No 550/2011 of June 7, 2011 on determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits from projects involving industrial gases. This regulation forbidded the use of CERs from projects to reduce HFC-23 or N2O for the production of adipic acid for surrendering under the EU ETS.
  • Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (AUCTIONING).
  • Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (Mifid II).
  • Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (Linking Agreement).

Phase 3 (2013-2020)

Phase 4 (2021-2030)

  • Commission Delegated Regulation (EU) 2019/1124 of 13 March 2019 amending Delegated Regulation (EU) 2019/1122 as regards the functioning of the Union Registry under Regulation (EU) 2018/842 of the European Parliament and of the Council.
  • Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonized free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of Council.
  • Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council.
  • Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No
  • Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council
  • Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (ESR).

Belgian legislation

Additional user provisions and conditions of use in the Belgian national registry are set down in national law, via a Royal Decree and its accessory conditions, that informs the users on the legal rules in force:

  • Royal Decree of 21 July 2017 on the management of the Belgian greenhouse gas registry and the conditions applicable to its users. (French-Dutch version only)
  • Accessory conditions concerning the administration and the closure of operator holding accounts and person holding accounts (last updated on 15/03/2021; French-Dutch version only)

Other applicable national legislation:

Users also need to take into account provisions and conditions set by the registry administrators of each counterparty in case of international transactions.

 

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