HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 112/92
EN
Official Journal of the European Union
24.4.2012
PROTOCOL
on certain arrangements concerning a possible one-off transfer of assigned amount units issued
under the Kyoto Protocol to the United Nations Framework Convention on Climate Change to the
Republic of Croatia, as well as the related compensation
THE HIGH CONTRACTING PARTIES,
NOTING that in view of the specific historical circumstances that have affected Croatia, it has been agreed to express a
readiness to provide assistance to Croatia through a one-off transfer of Assigned Amount Units issued under the Kyoto
Protocol to the United Nations Framework Convention on Climate Change (the ‘Kyoto Protocol’),
NOTING that any such transfer would only be made on a single occasion, would not set a precedent and would reflect
the unique and exceptional nature of Croatia's situation,
STRESSING that any such transfer would have to be compensated for by Croatia through an adjustment of its obligations
under Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of
Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction
commitments up to 2020 ( 1 ) so as to ensure environmental integrity by avoiding an increase in the total amount of
allowed emissions of the Union and Croatia until 2020,
HAVE AGREED ON THE FOLLOWING PROVISIONS:
PART I
TRANSFER
Article 1
Parliament and of the Council of 16 February 2011 laying
down the rules and general principles concerning mechanisms
This Part shall apply to measures relating to a possible one-off
for control by Member States of the Commission's exercise of
transfer of a quantity of Assigned Amount Units issued under
implementing powers (
the Kyoto Protocol (AAUs) to Croatia.

2 ). The Commission shall be assisted by
the Climate Change Committee established by Article 9 of
Decision No 280/2004/EC of the European Parliament and of
the Council of 11 February 2004 concerning a mechanism for
Article 2
monitoring Community greenhouse gas emissions and for
No transfer shall take place unless Croatia has withdrawn its
implementing the Kyoto Protocol ( 3 ). That Committee shall be
appeal against the decision of the enforcement branch of the
a committee within the meaning of European Parliament and
Compliance Committee of the Kyoto Protocol in accordance
Council Regulation (EU) No 182/2011. No such decision shall
with any relevant rules and time-limits governing the with
be adopted where no opinion is delivered.
drawal of appeals, before the start of the UNFCCC Conference
in Durban (28 November - 9 December 2011).
Any transfer shall be conditional upon the determination by the
UNFCCC Expert Review Team, after the true-up period, that
The AAUs to be transferred shall be drawn from the quantity of
Croatia has fallen short of its commitments under Article 3
AAUs referred to in Article 2 of Commission Decision
of the Kyoto Protocol.
2006/944/EC of 14 December 2006 determining the respective
emission levels allocated to the Community and each of its
Member States under the Kyoto Protocol pursuant to Council
No transfer shall take place unless Croatia has made all
Decision 2002/358/EC ( 4 ).
reasonable efforts to comply with its commitments under
Article 3 of the Kyoto Protocol, including the full use of
removal units from land use, land-use change and forestry.
Article 3
Any transfer shall not exceed a total quantity of 7 000 000
AAUs.
Any decision on the transfer of AAUs shall be adopted in
accordance with the examination procedure referred to in
Article 5 of Regulation (EU) No 182/2011 of the European
( 2 ) OJ L 55, 28.2.2011, p. 13.
( 3 ) OJ L 49, 19.2.2004, p. 1.
( 4 ) OJ L 358, 16.12.2006, p. 87. Decision as amended by Commission
( 1 ) OJ L 140, 5.6.2009, p. 136.
Decision 2010/778/EU (OJ L 332, 16.12.2010, p. 41).

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EN
24.4.2012 Official
Journal
of
the
European
Union L
112/93
PART II
COMPENSATION
Article 4
In particular, the equivalent amount in tonnes of carbon dioxide
equivalent of any AAUs transferred shall, pursuant to this
This Part shall apply to the compensation to be provided by
Article, be subtracted from Croatia's annual emission allocations
Croatia in the event of a transfer of AAUs in accordance with
once they have been determined pursuant to Article 3(2) of
the provisions of Part I.
European Parliament and Council Decision No 406/2009/EC.
Article 5
1. Croatia
shall
compensate
for
any
AAUs
transferred
to
it
through an adjustment, pursuant to this Article, of its
2. The
Commission
shall
publish
the
figures
for
Croatia's
obligations under European Parliament and Council Decision
annual emission allocations resulting from the subtraction
No 406/2009/EC.
made in accordance with paragraph 1.

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