Download Requirements to the documents, which substantiate the volumes

MINISTRY OF ENVIRONMENTAL PROTECTION
OF UKRAINE
O R D E R
17.07.2006
N 341
Registered in the Ministry
of Justice of Ukraine
on August 2, 2006.
№ 925/12799
On approval of the Requirements to the documents
in which the volumes of anthropogenic emissions
and absorption of greenhouse gases are substantiated
for the receiving of the Letter of Endorsement by the
owner
of the emissions source, where the implementation
of the joint introduction project is intended to be
According to the Decree of the Cabinet of Ministers of Ukraine of
August 18, 2005, 346-р (346-2005-р) “About the approval of the National
plan of the actions of execution of provision of Kyoto protocol to the
United Nations Framework Convention on Climate Change I order:
1. To approve the Requirements to the documents, which
substantiate the volumes of anthropogenic emissions and absorption of
greenhouse gases for the receiving of the Letter of Endorsement by the
owner of the emissions source, where the implementation of the joint
introduction project is intended to be (appended).
2. To the department of Kyoto protocol support (995_801 ) and
control of ozone-depleting substances control(Kudin M.K.), Department
of the State Ecological Monitoring and Expert Examination, Information
Technologies and Information Recourses Defence to present this order
in a five-day term for the state registration to the Ministry of
Justice of Ukraine.
3. To entrust Deputy Minister Gritsenko A.V. with the control of
the execution of the order.
Minister
P.M. Ignatenko
APPROVED
Order of the Ministry of Environmental Protection
of Ukraine
17.07.2006 N 341
1
Registered in the Ministry
of Justice of Ukraine
on August 2, 2006.
№ 925/12799
REQUIREMENTS
to the documents, which substantiate the volumes
of anthropogenic emissions and absorption of greenhouse
gas for the receiving of the Letter of Endorsement by the owner
of the emissions source, where the implementation
of the joint introduction project is intended to be
1. General Provisions
1.1. These Requirements have been worked out for the execution
of the National Plan of the measures of the executing the provisions of
Kyoto protocol to Framework convention of the United Nations
Organization about the climate change, approved by the decree of the
Cabinet of Ministers of Ukraine of August 18, 2005 346-р (346-2005-р),
and the procedure of consideration, approval and execution of the
projects, aimed at the reduction of the volume of anthropogenic
emissions and/or increasing of absorption of greenhouse gases
according to Kyoto protocol to the United Nations Framework Convention
on Climate Change approved by the Decree of the Cabinet of Ministers of
Ukraine of February 22, 2006 № 206 ( 206-2006-р ).
1.2. The requirements to the documents for the receiving of the
Letter of Endorsement by the owner of the source where implementation
of JI project is intended to be (hereinafter - JI project); the
requirements set the list of such documents, and also the general
requirements with regard to framing, preparation and contents of the
documents necessary for the receiving the letter of support.
1.3. The provision of the Letter of Endorsement certifies a
potential possibility of the classifying the project of the reduction
of emissions and/or the increasing of absorption of greenhouse gases as
JI project according to Kyoto protocol to the United Nations Framework
Convention on Climate Change (995_801) and approves the further
development of the project.
1.4. The documents necessary for receiving the Letter of
Endorsement by the owner of the source where implementation of JI
project is intended to be (hereinafter - substantiating the materials
concerning the possible JI project), are the integral part of the
demand.
1.5. The confidential information is the data, which belong to,
are used or disposed by the individual natural or legal persons, and
are distributed by their wish according to the provisions, stipulated
by them.
1.6. The letter of support concerning the possible
implementation of JI project is issued by the Ministry of Nature free
of charge on demand of the owner of the project, where the
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implementation of the JI project is intended to be, or of any other
legal person authorised by him per sample, appended in Appendix 1.
2. Terms and Definitions.
2.1. The source of emissions (object) of greenhouse gases is an
enterprise, workshop, plant, device, vehicle, etc., from which
greenhouse gas, aerosol or precursor of greenhouse gas get into ambient
air.
2.2. 2.2 The absorbent of greenhouse gases is any object which
absorbs greenhouse gas, aerosol or precursor of greenhouse gas from
ambient air.
2.3. The owner of the source of emissions or absorbent of
greenhouse gas where the implementation of JI project is intended to
be, is any natural or legal person, on whose territory there is a
workshop, plant, device, any other object or its separate field
service, functioning of which causes the inflow in ambient greenhouse
gas, its precursor or aerosol into ambient air and also any object
which absorbs greenhouse gas, its precursor or aerosol.
2.4. Greenhouse gas is the gas, which slows down the infra-red
radiation of the Earth surface, which leads to global warming on the
planet. The main greenhouse gases include - carbon dioxide (CO),
methane (CH), nitric oxide (NO),hydro fluorocarbons (РАС),
perfluorocarbons(PFC) and sulfur hexafluoride (SF).
2.5. Emissions of greenhouse gases is the general volume of
greenhouse gases emitted into ambient air during a certain period of
time.
2.6. Equivalent of carbon dioxide is the standard unit, the
effect of which equals to the greenhouse effect of emissions of one ton
of carbon dioxide.
Converting of emissions of greenhouse gases in
physical quantities to the carbon dioxide equivalent is made with the
use of the coefficients (potentials of global warming).
2.7. Joint introduction is the mechanism provided by the The
Articles 6 and 12 of Kyoto protocol to the United Nations Framework
Convention on Climate Change (995_801), which is used with the aim of:
a) the assistance to the Parties of the Appendix 1 to the United
Nations Framework Convention on Climate Change (995_044)in provision of
constant development;
b) reaching the ultimate aim of the United Nations Framework
Convention on Climate Change (995_044);
a) the assistance to the Parties of the Appendix 1 to the United
Nations Framework Convention on Climate Change 995_044) in provision of
fulfilment of their obligations concerning quantitative restrictions
and the reduction of emissions of greenhouse gases
according to Kyoto protocol to the United Nations Framework Convention
on Climate Change (995 801).
2.8. The project of joint introduction is the project, which
stipulates for the reduction of the volume of anthropogenic emissions
and/or increasing of absorption of greenhouse gases and is executed
according to the Article 6 of Kyoto protocol (995 801).
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2.9. Unit of emissions reduction is the unit, which equals to
one metric ton of the equivalent of carbon dioxide and is set up
according to the Articles 6 and 12 of Kyoto protocol (995_801) and the
respective documents, adopted for the execution of this protocol.
2.10. The period of crediting is the period in years during
which the owner of the source, where the project has been executed,
must transmit the buyer the approved reductions of greenhouse gases
emissions, which have been obtained following the project.
2.11. Monitoring of anthropogenic emissions of greenhouse gases
is the activity on all necessary data collection and archiving for the
evaluation or measurement of volumes of anthropogenic emissions and/or
absorption of greenhouse gases within the limits of the project during
the crediting.
2.12. The plan of monitoring is the system of the requirements
concerning the execution of monitoring as the integral part of the
project documentation, necessary for the receiving of the approval
letter, by which the project is once and for all approved as JI
project.
2.13. The limits of the project are the limits which cover all
considerable anthropogenic greenhouse gases emissions, which are under
the control of the participants of the project and reasonably can be
connected with the activity according to the project.
2.14. A year is the period since the date of the consummation up
to December 31 of the objects of the project and every next 12-month
period after it.
2.15. The basic scenario is the most probable prognosis of the
dynamics of anthropogenic emissions and/or absorption of greenhouse
gases which might happen in the absence of JI project.
2.16. The letter of support is the letter, which approves the
further working out of the individual JI project according to the
Article 6 of Kyoto protocol (995 801).
2.17. The confidential information is the data, which belong to,
are used or disposed by the individual natural or legal persons, and
are distributed by their wish according to the provisions, stipulated
by them.
3. The documents which are filed
for the receiving of the Letter of Endorsement
For the receiving of the Letter of Endorsement the owner of the
source of emissions or absorbent of greenhouse gases, where the
implementation of JI project is intended to be, or any other legal
person authorised by him (the mover of the project, consultant of
Fiscal Agent) files the following documents to the Ministry of
Environmental Protection of Ukraine:
3.1. The application with the request for the receiving of the
letter of support per sample, which is provided in Appendix 2.
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3.2. The substantiating materials concerning possible JI
project) in written form and on a magnetic medium, and also the
documents concerning the Financial condition (the balance of the
enterprise, the report of the financial results, verified by the
accountant or the manager of the enterprise) of the project applicant
for the last three years (in case of the enterprise’s existing
for less than three years – for the last year of the activity or
For the period of its activity) or the auditor's conclusion concerning
the Financial condition of the owner of the source of emissions or
absorbent of greenhouse gases.
4. The general requirements with regard to framing,
preparation and contents of the substantiating materials
concerning possible JI project
4.1. The substantiating materials concerning possible JI
project) must:
4.1.1. contemplate the activity under the project, which does
not contradict to the acts of international law and the legislation of
Ukraine.
4.1.2.contemplate the investment measures, which provide the
consummation of the new or the modernization, reconstruction, technical
re-equipment of the main existing production funds, the functioning of
which will lead to the reduction and/or absorption of greenhouse gases
emissions.
4.1.3. Demonstrate that the activity under JI project will not
lead to the deterioration of the state of the surrounding natural
environment at the local level.
The substantiating materials concerning the possible JI project)
include:
4.2.1. The title page per sample, which is provided in Appendix
3.
4.2.2. The general data which cite:
The aim of the provision of the documents (for the receiving of
the Letter of Endorsement by the owner of the source where
implementation of JI project is intended to be).
The contact data of the subject of economic activity – the owner
of the source, where the implementation of the JI project is intended
to be: the name of the source (object), if present, – number of
industrial grounds; the location of the object, including each
industrial ground;the contact data (surname, name, patronymic of the
person,post, telephone, fax, email); code of the object according to
UPREOU (United public register of enterprises, organizations of
Ukraine);The name of the kind of economic activity of the object
according to CKEA (va375202-05)(Code of the kinds of economic activity
according to the general classifier of the kinds of economic activity).
The information about the organization, which had prepared the
substantiating materials concerning the possible JI project, the
contact data of the responsible executor (surname, name, patronymic,
post, telephone, fax, email).
The contact data (surname, name, patronymic, post, telephone,
fax, email) concerning the other participants of the project with
the indication of their role in the project (consultant, planner,
supplier of the main equipment, etc.).
4.2.3. the information about the project:
Untechnical abstract of the project, understandable for nonspecialized organisations, enterprises and community.
The description of technical aspects of the project.
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The reasons, why the project is initiated, and the technology,
which will be used, including the description of its main technical
parameters. The particular measures, which will lead to
the reduction of the volume of anthropogenic emissions and/or
increasing of absorption, are described.
The definition of the limits in which the effect of the project
on the change of emissions (absorption) of greenhouse gases is
evaluated. These limits define the activity, which is taken into
account at the calculation of anthropogenic emissions and/or absorption
of greenhouse gases under the basic scenario, and also following the
project and subjects to monitoring after the implementation of the
project.
Brief information concerning the legal persons, interested in
the successfulness of the project.
The description of the state and the evaluation
of the perspective of the market development for the project production
are cited if necessary
The anticipated dates of the commencement and completion of the
investment and operational phases of the project in the format «day month – year».
The information concerning the presence or necessity of the
working out of technical and economic substantiation (hereinafter –
TES) or the business plan of the project.
In case if TES or the business plan are absent, the anticipated
duration of the working out of these documents is specified.
The preliminary description of the basic scenario and the
approximate calculation of anthropogenic emissions and/or absorption of
greenhouse gases separately and in whole (in metric tons of the
equivalent of carbon dioxide) within the specified limits of the
project in the years of crediting, and also for the whole life cycle of
the project. It cites the brief description of the methodology, which
will be used for the definition of anthropogenic emissions and/or
absorption of greenhouse gases by the basic scenario at the stage of
the preparation of the documents necessary for receiving of the letter
of support
of the project.
The substantiation of the fact, why the measures, contemplated
by the project, are subsidiary to the basic scenario and why the
execution of these measures is considered inexpedient or impossible
without the use of the mechanism of JI.
The approximate evaluation of anthropogenic emission and/or the
absorption of the main greenhouse gases in metric tons of the
equivalent of carbon dioxide following the implementation of the
project as a whole in the defined limits of the project in the years of
crediting, and also for the whole life cycle of the project.
The results of the approximate calculation of number of the
emissions reduction units (hereinafter –ERUs) in whole in the defined
limits of the project in the years of crediting, and also
in tote for the life cycle. The number of ERUs is calculated as the
difference between the volumes of emissions according to the basic
scenario and JI project converting into metric tons of the equivalent
of carbon dioxide. During the first period of the responsibility
(2008-2012) the project must provide the average annual reduction of
greenhouse gases emissions in the volume not less than 20,000 ton of
ERUs. The reduction of greenhouse gases emissions following the project
must lead to the equivalent reduction of greenhouse gases emissions
in the national cadastre.
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The main measures which will be used for monitoring of the
reduction of anthropogenic emissions and/or the absorption of
greenhouse gases in the specified limits of the project after the
consummation of JI project.
The evaluation of the project value and aggregative structure of
the capital expedinture (engineering, construction installation works,
equipment and outfit, working capital growth, unforeseen expenditures).
The approximate structure of the project financing and the
substantiation of its feasibility (any documental verifications, if
present, are cited), and also the volume of the investment from the
realization of the units of the reduction of anthropogenic emissions
and/or the absorption of greenhouse gases.
At the definition of the structure of the project financing the
investments from the realization of ERUs to the external buyer are
taken into account, based on the supposition, that 20-30% of these
investments can be obtained for the financing of the investment phase
of JI project.
At the same time, taking into account of this
circumstance is not obligatory if it is planned to offer a price for
ERUs by the fact of the supply on the level, which compensates the
owner of the project the damage of the deferred reception
of the funds (it is specified in the text of the substantiating
materials).
Risk factors which can lead to the loss or reconsideration
(towards reduction) of the anticipated volume of ERUs in the period
of crediting and the measures which will be aimed at the decrease of
risks.
The additional information (is completed at wish), which
includes the information, not stipulated by the previous paragraphs,
which can help to define the project as the one, that cannot be
executed within the limits of the mechanism of joint introduction.
5. Criteria of the evaluation of the substantiating materials of
the possible JI project for making of the conclusion
concerning the refusal in the issue of the letter of support
5.1. The incompleteness of the project technical documentation.
5.2. Obvious inauthenticity of any component of the project
technical documentation or impossibility to satisfy the query of the
applicant concerning confidentiality observance.
5.3. The absence or falseness of the data concerning the owner
of the project.
5.4. The project technical documentation does not contain all
the data, which is provided by the respective methodical
recommendations of its preparation.
5.5. The unprofitable activity of the owner of the emissions
source or absorbent of greenhouse gases, where the implementation of JI
project is intended to be.
5.6. The expired liabilities by any kinds of budget loans or of
the other credits (loans).
5.7. The expired liabilities for the state budget from the
repayment of taxes and other compulsory payments.
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5.8. The owner of the source of emissions or absorbent of
greenhouse gases where the implementation of JI project is intended to
be, is in the process of readjustment, bankruptcy or liquidation.
Director of the Department
Of State Ecological
Monitoring and Expert Examination,
Information Technologies and
Defence of Information Resources
V.O.Tarasenko
Appendix 1
to the Requirements to the
documents,which substantiate
the volumes of anthropogenic
emissions and absorption
of greenhouse gases,
for the receiving
of the letter of support
by the owner of the emissions
source, where the implementation of
the project of joint introduction
is intended to be.
the name of the enterprise/
organisation – the owner
of the source, where
the implementation of JI project
is intended to be.
(address)
THE LETTER OF ENDOSEMENT OF JOINT IMPLEMENTATION PROJECT
(the name of the project)
The Ministry of Environmental Protection of Ukraine as the
official and authorized representative of Ukraine
has examined the project
,
(the name of the project)
(hereinafter – JI project), filed
,
(the name of the enterprise, organization of the owner of the
,
source, where the implementation of JI project is intended to
be),
Which is located in
,
(location)
8
hereinafter – Applicant and it states that:
1. Ukraine has ratified Kyoto protocol.
2. For the participation in the activity according to the
Article 6 of Kyoto protocol Ukraine must comply with the requirements
of the Resolutions of the 11th Conference of the Parties of the United
Nations Framework Convention on Climate Change , which was
simultaneously the first Meeting of the Parties of Kyoto protocol
(Montreal, November 2005).
3. The Ministry of Environmental Protection of Ukraine of has
examined the JI project and is now informed that the Applicant intends
to sell the obtained of the emissions reductions units (ERUs) to the
interested company introducing UER to the register of the partnercountry. Ministry of Environmental Protection of Ukraine shall estimate
JI project for correspondence with the Ukrainian criteria of the joint
introduction projects and will commence the negotiations with the
Applicant concerning the distribution of the obtained ERUs. Ministry of
Environmental Protection of Ukraine supports further working out of JI
project and is obliged to provide, in case of need, the required
assistance in the execution of the necessary expert examination, test
and transferring of ERUs.
4. In case of positive estimation of JI project the Ministry of
Environmental Protection of Ukraine shall consider the matter of
provision of the official approval of JI project, which will allow to
transfer ERUs on the account of the country-buyer.
5. In case of the implementation of JI project before January
01, 2008 and its reaching the reduction of greenhouse gases emissions
in the period before 2008, the Ministry of Environmental Protection of
Ukraine shall consider the matter of transferring to the partnercountry the assign amount units (AAU) exceptionally in the volumes,
made following the implementation of JI project before 2008, through
the mechanism of emissions trade according to the Article 17 of Kyoto
protocol. Ukraine agrees to use the same method of AAUs test, which is
used for the test of ERUs.
(post)
(signature)
(surname and initials)
Stamp
Director of the Department
of State Ecological
Monitoring and Expert Examination,
Information Technologies and
Defence of Information Resources
V.O.Tarasenko
9
Appendix 2
to the Requirements to the
documents,which substantiate
the volumes of anthropogenic
emissions and absorption
of greenhouse gases,
for the receiving
of the Letter of Endorsement
by the owner of the emissions
source, where the implementation of
the project of joint introduction
is intended to be.
The Ministry of Environmental
Protection of Ukraine
APPLICATION
I ask to issue me the Letter of Endorsement, which confirms the
support
of the Ministry of Environmental Protection of Ukraine of the
project
as
(the name of the project)
the possible joint iplementation project.
I confirm that the information concerning the owner of the
source of emissions (of the absorbing object), where the implementation
of the joint introduction project is indented to be and its financial
condition, which is cited in the appendices to the substantiating
materials concerning the possible joint introduction project, is
authentic, accurate and complete, and predictive and evaluating project
information, cited in these materials, is impartial.
On behalf of
(the name of the enterprise/
organisation of the owner of the source, where the implementation
of JI project is intended to be).
(post)
(signature)
(surname, name and patronymic of the
person)
Stamp
Director of the Department
10
of State Ecological
Monitoring and Expert Examination,
Information Technologies and
Defence of Information Resources
V.O.Tarasenko
Appendix 3
to the Requirements to the
documents,which substantiate
the volumes of anthropogenic
emissions and absorption
of greenhouse gases,
for the receiving
of the Letter of Endorsement
by the owner of the emissions
source, where the implementation of
the project of joint implementation
is intended to be.
The standard of the title page
SUBSTANTIATING MATERIALS
concerning the possible project of joint
iimplementation for the receiving of the Letter of Endorsement
by of the owner of the source, where the implementation
of the joint implementation project is intended to be
(the name of the project)
The post of the manager of the
establishment, institution – the mover
of the document
(date)
(signature)
(surname, name and patronymic of the
person)
Stamp
The post of the manager of the management subject the owner of the source, where the implementation
of the joint introduction project is intended to be.
(date)
(signature)
(surname, name and patronymic of the
person)
Stamp
City, month, year
Director of the Department
of State Ecological
Monitoring and Expert Examination,
Information Technologies and
11
Defence of Information Resources
V.O.Tarasenko
12