Procedures for review of erroneous inclusion of a CPA

The Procedures for Registration of a Programme of Activities as a Single CDM Project Activity and Issuance of Certified Emission Reductions for a Programme of Activities (Version 03) provide for the possibility to request a review of the inclusion of a CPA into a registered PoA (EB 47, Annex 29, paragraph 22). Procedures for Review of Erroneous Inclusion of a CPA, adopted at the 47th meeting of the Executive Board, detail the procedures for requesting a review and the conduct of such a review. These Procedures provide that:

If a Designated National Authority (DNA) of a Party involved in the PoA or a Board member identifies any error, within one year after the inclusion of a CPA into a registered PoA or six (6) months after the issuance of CERs for that CPA, whichever is the later, that disqualifies a CPA from inclusion in the PoA, the Secretary of the Board shall be notified, by means of a request for review form (F-CDM-CPAR) (EB 47, Annex 30, paragraph 2).

The Executive Board, on receiving a request for review, will decide whether to initiate a review of the inclusion of the CPA. The Board may decide to exclude the CPA from the PoA with immediate effect. Where validation, registration, inclusion or verification functions have not been performed by a DOE in relation to the relevant PoA, review will initially be conducted by the DOE, through assessment of a random sample of 10% of all CPAs included, and reported to the Executive Board (EB 47, Annex 30, paragraphs 6-7).

The Board will decide whether to exclude any of the CPAs from the PoA, and whether to extend its review of the inclusion of CPAs to the PoA (EB 47, Annex 30, paragraph 10).

The consequences of exclusion of CPAs are:

(a) The CPA that has been excluded shall not be re-included again in that or any other PoA, or qualify as a CDM project activity;

(b) The DOE that included the CPA, shall acquire and transfer, within 30 days of the exclusion of the CPA, an amount of reduced tonnes of carbon dioxide equivalent to the amount of CERs issued to the PoA as a result of the CPA having been included, to a cancellation account maintained in the CDM registry by the Executive Board.

The consequences of extension of review are:

(a) The further inclusion of new CPAs and issuance of CERs to that PoA shall be put on hold;

(b) A further sample of 15% of included CPAs shall be reviewed in accordance with the modalities contained in paragraphs 5 to 9;

(c) If this second review also leads to the exclusion of further CPAs, the Executive Board may decide to extend the review to all included CPAs.