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Clean Technology (if applicable)



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4.3. Clean Technology (if applicable)


4.3.1 How has clean technology, including energy efficient technologies, been taken into account in the allocation process?

4.3.2 If at all, which clean technology has been taken into account, and on what basis does it qualify as such? Have any energy production technologies intended to be taken into account been in receipt of approved State aid for environmental protection in any Member State? Please state whether any other industrial technologies intended to be taken into account constitute “best available techniques” as defined in Council Directive 96/61EC, and explain in what way it is particularly performing in limiting emissions of covered greenhouse gases.

4.3.1. Criterion 8 effectively extends criterion 3 to the installation level and states that a NAP shall contain information on the manner in which clean technologies, including energy efficient technologies, are taken into account. As in the case of criterion 7, the Commission has stated in its guidance document that applying this criterion is optional.

According to the Commission, this criterion will be deemed to be fulfilled if a Member State clearly explains in its NAP whether it intends to take clean technologies into account and if so, how.

Bulgaria does not take into account clean technologies.

4.3.2. Bulgaria considers that the main result of the implementation of the Directive, through setting prices to GHG emissions, will be the automatic initiative to use clean and energy efficient technologies. Therefore, clean technologies, promoted in the NAP, include the energy efficiency activities and the use of renewable energy sources, which are priorities of the National Energy Strategy (through setting aside allowances for “joint implementation” projects with indirect effect on power generation) and the co-generation (through a special reserve of allowances).




5. Community Legislation and Policies

5.1. Competition policy


5.1 If the competent authority has received an application from operators wishing to form a pool and if it is intended to allow it, please attach a copy of that application to the National Allocation Plan. What percentage of the total allocation will the pool represent? What percentage of the relevant sector’s allocation will the pool represent?

The emission trading Directive allows operators of installations to form a pool for the performance of their obligations. The formation of a pool is subject to approval by both the country’s competent authority and the European Commission.

For Bulgaria, a joint fulfilment of the obligations will be carried out in the cases, when a legal person registered in Bulgaria operates of two or more installations registered in Bulgaria and performing the same activity covered by the Scheme. The operator may transfer allowances between those installations free of charge. Reporting and verification of reports in such cases are separate for each installation, within four months after the end of the respective calendar year.


5.2 Internal market policy (Art. 43 of the Treaty)


5.2.1 How will new entrants be able to begin participating in the EU emissions trading scheme?

New entrant is any installation carrying out one or more of the activities covered by the trading scheme which has obtained an emission trading permit or an update of its permit due to a change in the nature or functioning or an extension of the installation, after January 1st, 2007. New entrant is also an installation constructed before 2004 which has not operated with more than 50% of its production capacity for at least one calendar year in the period 2002-2004. New entrant is also an installation constructed after January 1st, 2004, or where changes have been introduced in the nature or functioning or an extension of the installation after this date. Delayed installations are not considered new entrants. Four groups of new entrants are determined:

  • new installations constructed after 1st January 2004;

  • installations registered in the scheme, in case of change in their nature or functioning or an extension of the installation after 1st January 2004;

  • installations for which the issuing of a permit is refused before January 1st, 2007;

  • “sleeping” installations – installations constructed before 2004 which have not operated with more than 50% of their production capacity for at least one calendar year in the period 2002–2004.

Bulgaria intends to form a reserve for new entrants (RNE) for those installations which perform one or more of the activities within the scope of the trading scheme and which will obtain an emission trading permit before 31 December 2007. As “new entrants” are treated also installations whose permits will be re-issued after 01.01.2007, due to changes in nature or functioning or extension of the installation, as well as “sleeping” installations and installations with refusal to obtain a permit before January 1st, 2007 and which will enter into the scheme with a delay.

The RNE is divided in two components: a set-aside for known new entrants (planned or in process of construction during the development of the NAP) and a set-aside for unknown new entrants (installations which will start to function before 31.12.2007 but are not known at the time of development of the NAP).

The second component of the RNE will be considerably smaller in the First NAP, due to the fact that the plan covers only one year and, practically, it is not possible that there will be a significant number of installations which will start functioning without being known.

Transfer of emission allowances between operators of installations

Transfer of emission allowances between operators of installations will be carried out through the national register based on the emission allowances market and observing the national legislation.

In case that a person registered in Bulgaria is operates two and more registered installations performing the same activity covered by the Scheme, the operator may transfer allowances between those installations free of charge. In such cases, the reporting and verification of the report are carried out for each installation separately, within four months after the end of the respective calendar year.

Closing down of installations

An installation, whose production capacity in a defined year falls below the capacity defined in the Directive for participation in the Scheme, is considered closed and allowances are not issued to such an installation for the next year. Not issued allowances of closed installations will be added to the RNE.

Rules for a new entrant apply if a closed installation is re-opened.

5.2.2 In the case that there will be a reserve for new entrants, how has the total quantity of allowances to set-aside been determined and on what basis will the quantity of allowances be determined for each new entrant? How does the formula to be applied to new entrants compare to the formula applied to incumbents of the relevant activity? Please also explain what will happen to any allowances remaining in the reserve at the end of the trading period. What will apply in case the demand for allowances from the reserve exceeds the available quantity of allowances?

The EU methodology on allocation of emission allowances allows the formation of reserves. The country may decide not to form a reserve and to oblige registered installations and new entrants to buy allowances from the market. In the conditions in Bulgaria, this approach would pose considerable difficulties to investors, therefore the methodology applied here envisages reserves for later allocation which shall be unified in a common reserve.

The reserves represent real emission allowances. They may be allocated and the NAP shall contain rules for taking decision on requests for use of reserve allowances.

Calculative reserves are also set aside, which are allocated in the process of development of the NAP.

Reserve for delayed installations ()


The quantity of this reserve might be corrected at the latest possible moment before Bulgaria’s NAP is notified to the European Commission.

For the period 2007-2012, this reserve is calculated as a percentage (5%) of the projected emissions from registered installations. It is formed on the expense of the quantity of emissions from installations not covered by the Scheme in covered sectors, and represents potential increase in the quantity of allowances to be allocated.



Table 19. Reserve for delayed installations

Year 

2007

2008

2009

2010

2011

2012

Overall CO2 emissions from installations covered by the Scheme, Gg CO2

49 470,56

51 669,22

55 486,21

62 616,48

65 755,27

66 596,14

Reserve for new entrants, Gg CO2

2 473,53

2 583,46

2 774,31

3 130,82

3 287,76

3 329,81

The main rule for allocation of the allowances from this reserve requires that installations which are delayed to register receive no more allowances than the allowances they would receive if they registered on time, using the same methodology. Depending on the specific year, in which delayed installations are registered, the following procedure for allocation of allowances is observed:

1. Installations which are registered in the period 30.11.2005 - 28.02.2006, are included in the final list of installations participating in the emission trading scheme and receive the same quantity of allowances, as if they have registered on time, using the same methodology. They shall be included in the Plan notified to the EC. If the total quantity of allowances in the reserve turns out to be insufficient, all installations which are registered with a delay within this period, receive a reduced number of allowances proportionally to the shortage of allowances, and installations registered with a delay within the next years, do not receive allowances free of charge.

2. Installations registered after 28.02.2006 but before the end of 2007 receive for 2007 the same number of allowances as the number they would receive in case of timely registration, using the same methodology. In the case that an installation obtains a valid emission trading permit during 2007, it receives for 2007 a number of allowances proportional to the remaining period until the end of the year, calculated in calendar days. If the quantity of the reserve is insufficient, all installations which are delayed to register, receive a reduced number of allowances, proportional to the shortage of allowances. Installations registered with a delay within the next years do not receive allowances free of charge.

3. Installations which receive a valid emission trading permit in 2008, receive 5% less allowances than if they registered on time, for each year of the trading period, using the same methodology. If the quantity of the reserve is insufficient, all installations which delay to register in 2008, receive a reduced number of allowances, proportional to the shortage, and installations which are registered with a delay during the next years, do not receive free of charge allowances.

4. Installations which delay to register for each of the next years, receive another 5% less allowances for each year of delay. Thus, an installation which register in 2012, shall receive 25% less allowances. If the quantity of the reserve turns out to be insufficient or runs out in the respective year, all installations, which delay to register during the respective year, receive a reduced number of allowances, proportional to the shortage, and installations which receive an emission trading permit in the next years, don’t receive allowances free of charge.

If an installation’s emission trading permit is issued after the beginning of a respective year, the installation receives only a part of the allowances allocated to it. This part is proportional to the remaining period until the end of the year, calculated in calendar days.

The final quantity of allowances to be allocated to installations after 28 February, 2006 shall be determined before 15 January of the year which follows the year of registration. Each year the not allocated allowances remaining in the reserve for delayed installations shall be transferred to the reserve for new entrants.

Calculative reserve for compulsory measures ()


This calculative reserve is formed with the purpose to issue additional allowances to installations which will introduce compulsory measures in the period 2007 – 2012 leading to increase in emissions. For example, such installations are desulphurization installations, using lime and limestone, changes in the requirements for emergency supply in nuclear power stations, etc.

The volume for each year “j” is determined based on the reduction of pollutant emissions (mainly SO2), planned in relation to the international obligations of the country, and is equal to the emissions with which the macroeconomic prognosis is corrected (p. 2.3.2).



Table 20. Reserve for compulsory measures

Year 

2007

2008

2009

2010

2011

2012

Reserve for compulsory measures, Gg CO2

330,53

475,82

512,08

560,99

729,91

899,81

From this reserve of allowances, during the development of the NAP, additional allowances are allocated to specific installations for the year, when the compulsory measure is introduced, as well as for the following years. The date planned for the installation to reduce emissions of harmful substances under the integrated permit is considered the first date of the increased quantity of allowances.

Allowances which are not used in the development of the NAP are added up to the reserve for new entrants.

Installations for which a date is not yet planned for the introduction of compulsory measures, may apply for additional allowances as a new entrant, when submitting an application for update of the permit regarding the introduction of the measure.

Reserve for new entrants (except for cogeneration)


The methodology of the EC allows the formation of a reserve for new entrants in the Scheme.

New entrant is each installation corresponding to the definition in section 5.2.1. above.

The rules for allocation allowances differ for each type of new entrant.

In this section are described new entrants – installations newly constructed in the period 2004 – 2012, whose start is:

а) planned or known, or

б) unknown yet,

but in both cases is part of the macroeconomic forecasting.

This reserve is formed within the projected quantity of allowances for the respective group of installations or sector.



Planned or known installations

For each group (g) the reserve is calculated as a sum of the reserves for the individual new installations, according to the Methodology.



(for each year j of the period)

The reserve for a single new installation (i) for one year (j) is defined (and then allocated) on the basis of the forecast production volume of the new installation for the respective year and the emission factor of the operating installation which has the lowest emissions per production unit for one year from the period 2002-2004 from all installations in the group “g”. In the energy sector, the emission factor is defined also by type of fuel (local and imported coal, natural gas, oil, oil residue and other types of fuels).



For this purpose, for each group of installations, the installation with the lowest emissions is defined when the analysis of the emissions from participants in the Scheme for the period 2002–2004.

Applicants to be included in the list of planned or known new entrants are presented by owners of new installations, MOEW, MEE, MRDPW and other interested organizations. Planned production volumes are subject to approval by the Working Group. These installations are included in the allowances allocation list and will receive allowances after they obtain a valid emission trading permit and start the operation of the installation.

Unknown new entrants

At the stage of macroeconomic projecting, allowances are set aside in the reserve for unknown new entrants.



Table 21. Reserve for unknown new entrants

Years 

2007

2008

2009

2010

2011

2012

Reserve known new and sleeping installations, including cogeneration, Gg CO2

4 401,44

4 791,63

4 453,73

9 264,49

12 017,72

12 003,88

Reserve unknown new entrants, Gg CO2

0,00

1 000,00

2 000,00

3 000,00

4 000,00

5 000,00

For installations which undergo changes in nature or functioning or extension, the following allocation principle is applied:



  • For extension of the installation’s capacity over the capacity of the old installation, the above rule for a new entrant is applied.

  • Allowances determined in the initial allocation are preserved.

When a part or the whole old installation is closed down, the rule applied is the same as for closing of installations (see p.5.2.).

Installations for which a permit is refused until 01 January 2007 shall cease their activities on that date or reduce their production capacity below the limits set for participation in the Scheme. Allowances allocated to them under the NAP are cancelled and transferred in the reserve for new entrants. Principles for allocation allowances to newly constructed installations apply to such installations after they obtain a permit.

When a sleeping installation submits an application to obtain an emission trading permit because of the restoration of its activities and the permit is issued, the installation receives allowances under the rules for new entrants – newly constructed installations, - but the average emission factor for the type of activity from the base year of the sector is applied to such installation.

New entrants receive allowances after obtaining an emission trading permit and the commissioning of the installation. When this happens after the beginning of the respective year, the installation receives for this year a number of allowances that is proportional to the remaining period of the year calculated in calendar days.

The business plan of the operator of an installation and the integrated permit are used, when it is necessary to determine the production volume of a new entrant.

Allowances remaining in the reserve for new entrants at the end of the year are added up to the reserve for the next year.

Reserves for new cogeneration


Two reserves for cogeneration are formed and, which are part of the reserve for new entrants for each year of the period.

– reserve of allowances for emissions from power generation of new natural gas cogeneration.

– reserve of allowances for emissions from generation of heating from new entrants with cogeneration in the scheme. It reflects the transformation of an installation with thermal power below 20 MW in a cogeneration with thermal power over 20 MW, and it is included in the trading scheme.

The volume shows total emissions in the country from electric energy generation of new natural gas cogeneration and increases the emissions in the cogeneration sector. The increase is determined on the basis of expected production of electric energy from a new cogeneration with an emission factor 0,33 t CO2/MWh. This factor is applied in case the conditions (fuel consumption) for heat generation remain the same after the introduction of the cogeneration. The purpose of this reserve is to promote Government’s policy on support of effective cogeneration.

The volume of – is equal to the volume of emissions form heating generation of new entrants with cogeneration in the scheme, which will transform a heat installation with thermal power under 20 MW into a cogeneration with thermal power over 20 MW, and this way it is included in the scheme. This reserve is neutral regarding the overall emissions for the country. It increases allowances available in the sector cogeneration for new entrants in the scheme and reduces, by the same quantity, the emissions in the group of non-participants.

The volume of the reserves is determined on the basis of Bulgaria’s targets regarding introduction of new highly effective cogeneration. For a target of 18% , the reserve is determined as the difference between forecasted and target production of electric energy is multiplied by an emission factor 0,33 t CO2/MWh. The quantity of allowances for heat generation installations of below 20 MW power is set to 20% of the allowances allocated to the production of electric energy.



Table 22. Reserves based on the target for introduction of new highly effective cogeneration

Year

2007

2008

2009

2010

2011

2012

Target cogeneration 18%, GWh

6 733,80

6 895,80

7 043,40

7 295,40

7 570,80

7 765,20

Production by forecasts, GWh

5 800

5 772

5 835

6 080

6 123

5 411

Expected increase by years, GWh

187

450

846

1 215

1 448

2 354

Allowances, electric energy, number

61 631

148 381

279 146

400 977

477 850

776 877

Allowances, thermal power under 20 MW, number

12 326

29 676

55 829

80 195

95 570

155 375

Total new unknown new cogeneration, number

73 957

178 057

334 975

481 172

573 420

932 252

The allowances remaining in this reserve at the end of the year are added to the reserve for new entrants.

Allowances set aside for compensation of ERUs transferred to other countries under JI projects

Allowances from this set aside shall be cancelled in case of transfers of ERUs under JI projects. Thus, the indirect double counting shall be avoided. This quantity is a sum of the following elements:



  • Approved joint implementation projects: the total quantity of ERU with indirect effect determined in the validated project documents (production of electric energy from RES, cogeneration and reduction of electricity consumption of)

  • Supported JI projects with indirect effect: 90% of the quantity of requested ERU

  • Limit for new JI projects with indirect effect: the limit has been defined by the Government as an admissible amount of ERUs for these types of projects.

The adopted targets for RES and for cogeneration are 11% and 18%, respectively. Only half of the introduced production of electric energy from RES and cogeneration will be achieved through new JI projects. The estimate is that the new capacities for achieving those targets will increase from 20% to 100% in the period 2007–2010. The forecast for the final electricity consumption includes 2% consumption reduction under new JI projects that increases through the years from 40% to 100%. Under these assumptions, the allowances set aside (the limits) are determined for such types of projects with indirect effect - Table 23. After those limits are reached, the support and the approval for such projects shall cease. The allowances for cogeneration and RES are on the expense of sector “Electric Power”.

Table 23. Allowances for new JI projects with indirect effect

 

Year

2008

2009

2010

2011

2012

1

RES target 11%, GWh

4 214

4 304

4 458

4 627

4 745

2

Production, GWh

2 723

2 839

2 957

3 113

3 310

3

Necessary increase, GWh

597

1 026

1 502

1 514

1 436

4

Allowances JI - 50% new RES target* 1,1t/MWh

328 108

564 218

825 825

832 590

789 580

5

Cogeneration objective 18%, GWh

6 895,80

7 043,40

7 295,40

7 570,80

7 765,20

6

Production, GWh

5 772

5 835

6 080

6 123

5 411

7

Necessary increase, GWh

450

846

1 215

1 448

2 354

8

JI allowances - 50% new co-gen.* 0,7t/MWh

179 856

338 359

486 033

579 212

941 670

9

JI for reduced (2%) consumption of electricity, GWh

766

783

811

841

863

10

Allowances for JI for consumption of electricity, 1,1 kg/kWh

597 636

813 904

1 053 780

1 093 560

1 121 640

11

Total for new JI projects with indirect effect

1 105 600

1 716 481

2 365 638

2 505 362

2 852 890

12

Total allowances which are subtracted from electric power sector

507 964

902 577

1 311 858

1 411 802

1 731 250

Table 24 shows the quantity of emission reductions, verified or planned under approved or supported JI projects. They are taken into account in the forecast for the production and consumption of electric energy.



Table 24. Allowances for approved and supported new JI projects with indirect effect

Year

2008

2009

2010

2011

2012

Approved ERUs

1 238 897

1 259 305

1 278 048

1 310 825

1 350 728

Supported ERUs

678 243,00

678 243,00

678 243,00

678 243,00

678 243,00

New projects with indirect effect

1 105 600,00

1 716 481,00

2 365 638,00

2 505 362,00

2 852 890,00

Total allowances

3 022 740

3 654 029

4 321 929

4 494 430

4 881 861

The last row in Table 24 shows the quantity of allowances set aside for cancellation with the purpose to compensate emission reductions units under JI projects with indirect effects, which are transferred to other countries.

In transfers of emission reduction units under JI projects implemented in installations covered by the scheme, when the projects fall under the definition of direct double counting, the respective quantity of allowances is cancelled from the respective account of the installation in the national register.



Allowances remaining in the RNE at the end of the trading period will be added to set-aside for the next period.

If there are any surplus allowances in the RNE at the end of 2007, these will be auctioned. In addition, allowances allocated to an operator who is not able to receive a permit, will be auctioned. The Government will use the incomes from auctions to cover expenses related to the implementation of the Scheme.



Calculative reserve for heating companies for standardization of degrees/day (RDHcold)

Operators of installations who are heating companies, may apply for correction of the allocation of allowances as a result of the standardization of degrees/day, if in the served region the values of day/degrees in the basic period (the two years with highest emissions in the period 2002-2004) were lower than the average long standing values.

Based on historical data, it was found that during this period the average winter temperatures were higher than the average long term temperatures. In relation to this fact, the quantity of annual allowances to be allocated to heating companies increases by RDHcold. The quantity is calculated based on numeric data from the NIMH, the MEE and the SEWRC for the heating in the discussed period. The average monthly temperatures during this period were with 1,14 ºC higher than the average long term temperatures. If the two values were equal, the energy necessary for heating would by higher by 3,4%. Therefore, the reserve is set to 3,4% of the emissions from heating companies in 2003. The correction per installation for each additional TJ thermal power, which would be sold if the temperature would be equal to the average long term temperatures, has been determined, depending on the type of fuel and the production method, as follows:


  • 70 allowances for natural gas boilers

  • 160 allowances for natural gas cogeneration

  • 100 allowances for liquid fuel boilers

  • 250 allowances for liquid fuel cogeneration

  • 500 allowances for coals cogeneration.

In 2003, the sum of the CO2 emissions of heating companies was 4 373 109 t. In normal winter temperature in 2003, heating companies would have emitted a surplus of 148 686 t CO2. For the period 2007 – 2012, the reserve for standardization of the degrees/day is therefore set to 892 116 t CO2, or 148 686 t per year.

If the sum of corrections requested by the installations is higher than the reserve set aside, individual requests will be re-calculated proportionally, so that their sum becomes equal to the reserve. If the total reserve is not spent, the remaining allowances will be cancelled.



MOEW will publish in due time the form for correction request. The operators of installations will be invited to submit requests when verified reports are presented to the EEA. .


5.2.3 Is information already available on the number of new entrants to expect (through applications for purchase of land, construction permits, other environmental permits etc.)? Have new or updated greenhouse gas emissions permits been granted to operators whose installations are still under construction, but whose intention it is to start a relevant activity during the period 2007- 2008?

The information on planned new entrants was collected in the process of development of the NAP, as follows:

  • From the MOEW and its agencies:

    • projects “Joint Implementation”, supported or approved by the time the NAP was developed and foresee the construction of new facilities or upgrade of existing facilities;

    • from the Regional Inspectorates of Environment and Water– regarding the type and the capacity of the enterprises in their respective regions;

    • from Direction “Preventive Actions” in the MOEW – for enterprises in the process of construction;

    • from the Executive Environment Agency – for installations which are in the process of obtaining a permit.

  • From sector forecasts in the energy sector and the industrial sectors, provided by the MEE.

  • From the MRDPW;

  • From branch organizations – for new installations in the respective branches.

More specific data on planned new entrants is provided in Table 21, section 5.2.2. above.

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