The European Commission has decided to initiate infringement proceedings against several Member States as a result of non-compliance with obligations under EU climate change legislation. Specifically, it has assessed four possible causes of non-compliance: 1) not having the national register established in the field of emissions trading in operation; 2) failing to submit information on planned measures and emissions; 3) not submitting the national inventory of greenhouse gas emissions; and 4) failure to submit the assigned amount report.

Decision 280/2004/EC of the European Parliament and of the Council of 11 February 2004 establishes a mechanism for the monitoring of greenhouse gas emissions in the Community and for the implementation of the Kyoto Protocol. Article 3 provides that Member States must submit the National Greenhouse Gas Emissions Inventory by 15 January of each year. On the other hand, the implementing provisions of that decision make it mandatory to send, before 15 January 2006, the information necessary to draw up the allocated quantity report.

With regard to the National Inventory, this year there has been a delay in its preparation as a result of exceptional difficulties in compiling the basic data. In any case, it is at a very advanced stage of development and will soon be referred to the Commission.

As far as the Allocated Amount Report is concerned, it is the document that contains the information necessary to determine exactly the emission levels that will be allowed during the period 2008-2012 within the scope of the Kyoto Protocol. Spain has already sent a draft of this report. However, this draft was incomplete, as it lacked the complete 1990-2004 emissions series (national inventory) and some decisions regarding the use of carbon sinks. The Commission has considered the draft insufficient. In any case, once the National Inventory is available, it will be duly completed and sent to the Commission, presumably within a very short period of time.