Allocation Rule Regulation, Zurv

Original Language Title: Zuteilungsregelverordnung, ZuRV

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465th regulation of the Federal Minister for agriculture and forestry, environment and water management on the allocation rules for the trading period starting in 2013 (allocation rule regulation, ZuRV)

On the basis of article 23 of the Federal law establishing a scheme for greenhouse gas emission allowance trading (emission certificate Act 2011 - 2011 EZG), Federal Law Gazette I no. is 118/2011, in agreement with the Federal Minister of economy, family and youth:

1 section

General terms and conditions

Subject

§ 1 subject matter of this regulation is the establishment of rules for the calculation of the transitional free allocation.

Definitions

§ 2. The purposes of this regulation 1 means "Under investment with the value of the product reference" inputs, outputs and related emissions related to the production of a product for which a reference value was set in annex 1.

2. "aquarium system with heat-reference value" not in an aquarium system with the reference value of the product falling inputs, outputs and related emissions associated with producing or importing measurable heat from an investment with 2011 falling under the basin, as far as this heat a) within the limits of the plant for the manufacture of products for the production of other than the electricity of used mechanical energy, for heating or for cooling , but is not used for electricity production, or b) at a 2011 covered not by the EZG plant or other facility exports, excluding exports for the current production.

3. "Aquarium system with fuel-reference value" not in an aquarium system with the reference value of the product falling inputs, outputs and related emissions related to the production of non-measurable heat through the combustion of fossil fuels, while the non-measurable heat for the production of products for the production of other than the electricity of used mechanical energy, for heating or cooling, including the safety gas-flaring, but not for electricity production, is consumed.

4. one "Measurable heat" over a heat transfer medium (such as in particular steam, hot air, water, oil, liquid metals and salts) by identifiable tubes or pipes transported net heat flux, for which a heat meter has been installed or could be installed.

5. "Calorimeter" one heat meter in the sense of annex MI-004 of Directive 2004/22/EC on measuring instruments, OJ No L 135 of 30.04.2004 p. 1, as last amended by Directive 2009/137/EC, OJ No. L 294 of November 11, 2009, p. 7, or any other device for measuring and recording the amount of generated heat energy on the basis of the flow rate and the temperature.

6 "non-measurable heat" any heat except measurable heat according to no. 4.

7 "Aquarium system with process emissions" other greenhouse gas than carbon dioxide emissions in accordance with annex 3 EZG 2011, that occur outside the system boundaries of a product reference asset in accordance with Annex 1, or carbon dioxide emissions that occur outside the system boundaries of a product reference asset in accordance with Annex 1, resulting from one of the following processes and emissions from the combustion of incompletely oxidized carbon in the framework of the following processes for the purpose of generating measurable heat , no measurable heat or electricity is generated if emissions were produced a quantity corresponding to the technically usable energy content of burned incompletely oxidized carbon natural gas during combustion will be deducted: a) chemical or electrolytic reduction of metal compounds in ores, concentrates and secondary materials;

b) removal of impurities in metals and metal compounds;

(c) decomposition of carbonates, except carbonates for the cleaning of exhaust gases;

(d) chemical synthesis, where the carbon-containing material takes part in the reaction, and principally intended is not generating heat;

(e) use of carbonaceous additives or raw materials, principally intended is not generating heat;

f) chemical or electrolytic reduction of oxides of half metal or non-metal oxide such as Silicon oxides and phosphates.

8 "significant capacity" a substantial increase of the installed initial capacity of an aquarium system with one or more identifiable physical changes of the technical configuration of the aquarium system and how it works, except the mere replacement of an existing production line, and a) under capacity by at least 10%; increased compared to their installed initial capacity prior to the change or b) the aquarium system, the physical modification refers to, has a significantly higher rate of activity that results in an additional allocation of more than 50 000 emission allowances per year, representing at least 5% of the provisional annual amount of carbon credits that this aquarium system before the change were allocated free of charge.

"Significant capacity reduction" one or more identifiable physical changes, a significant reduction of the installed initial capacity of sub system or their activity rate in same order as a major capacity expansion cause 9.

10. 'Substantial change of capacity' means a substantial expansion of capacity or a significant reduction in capacity.

11 "Additional capacity" the difference between the installed initial capacity of an aquarium system and the installed capacity of this aquarium system after a substantial expansion of capacity, determined on the basis of the average of two highest monthly production volume within the first six months after the start of modified operation.

Absorption of changed operation determined 12 "reduced capacity" the difference between the installed initial capacity of an aquarium system and the installed capacity of this aquarium system after a substantial reduction in capacity, on the basis of the average of two highest monthly production volume in the first six months after.

13 verified the "Resumption of normal work" and approved first day of a continuous 90-day period or if the usual production cycle in the affected sector foresees no continuous production, if necessary, taking into account the approved the first day of a 90-day period divided into sector-specific production cycles, works in which the plant with at least 40% of the capacity installed for the operating system, plant-specific operating conditions.

14 "Recording the amended operation" verified the and approved first day of a continuous 90-day period, or if the usual production cycle in the affected sector foresees no continuous production, if necessary, taking into account the approved the first day of a 90-day period divided into sector-specific production cycles, in which the modified under plant with at least 40% of the capacity installed for the plant, works, specific operating conditions for the aquarium system.

15 "Safety feeding" the combustion of fuels to the support combustion and highly variable amounts of process or residual gas on the exit side of a burn-off device, in the relevant approvals of investment from for security reasons is expressly provided.

16 "Private household" a residential unit that is supplied with measurable heat and after EU building classification in a building with one or more apartments or a residential building for communities is.

17 "Independent test device" means a in accordance with § 14 EZG 2011 approved organisation, may 2011 EZG the verification of emission reports pursuant to article 9, paragraph 1.

18 "Adequate security" a testing opinion in positively expressing coming high but not absolute degree's security, that the prüfungspflichtigen data contain any essential misstatements.

19 the measure in which the testing facility is sure to prove "degree of security" in their final test report or refute to, that the data provided for a plant contain any essential misstatements.

20 is a "Substantial wrong indication" (excluded due to omissions, misinterpretations and mistakes, permissible uncertainty) substantial wrong specification in the data provided, which could affect the use of the data by the competent authority for the calculation of the allocation according to best professional judgment of the test facility of emission certificates.

2. section

Inventory systems

Breakdown in Aquarium

3. (1) each for a free allocation in accordance with § 22 EZG 2011 in question upcoming inventory system in accordance with § 3 5 EZG 2011 Z is to break down in one or more of the following sub systems, where these sub units should match as closely as possible with the physical parts of the stock: 1. an aquarium system with product reference value;

2. an aquarium system with heat-reference value;

3. an aquarium system with fuel-reference value;

4. an aquarium system with process emissions.


(2) for lower plants with heat-reference value, under systems with fuel reference value and lower plants with process emissions is according to the codes of the statistical classification of economic activities in the European Community (NACE) as amended by Rev. 1.1 (Regulation (EC) No. 29/2002 amending Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community, OJ) No. L 6 of the 10.01.2002 S. 3) or of the PRODCOM list of industrial products 2007 (Regulation (EC) No 1165/2007 of 3 September 2007 to the PRODCOM list of industrial products for 2007 in accordance with Council Regulation (EEC) no 3924/91 of the Council, OJ) No. L 268 of October 12, 2007 p. 1) beyond reasonable doubt to determine whether the process that relates to a sector or sub-sector in accordance with Annex 2.

(3) has a stock plant measurable heat generated and one not within the scope of the basin 2011 falling plant or other facility exported, it is believed, that the relevant heat process of the aquarium system provides no sector or sub-sector with heat-reference value in accordance with Annex 2, unless the measurable heat is demonstrably consumed in a sector or sub-sector in accordance with Annex 2.

(4) the sum of the inputs, outputs, and emissions of all minor equipment must not exceed the inputs, outputs, and overall emissions from the existing installation.

Collection of data

4. (1) every owner of a stock plant for pursuant to § 22 EZG 2011 comes a free allocation of emission allowances in question, has for each year of the reference period beginning on January 1, 2005 and ending on December 31, 2008 which was the stock system, all relevant information and data on the parameters listed in annex 4 to the Federal Minister of agriculture and forestry , Environment and water management to submit, with the information to break down under assets. As far as the historical rate of activity in accordance with § 6 para 1 in the period 1 January 2009 to 31 December 2010 is higher, the holder can submit data for this period.

(2) the data referred to in paragraph 1 are disclosed separately for the individual sub systems. The Federal Minister for agriculture and forestry, environment and water management may require the plant owners to further relevant data, where appropriate, with an extension of in article 24, paragraph 1 EZG 2011 prescribed period to maximum two weeks to submit, unless this is necessary for the correct calculation of the free allocation or for the creation of the directory in accordance with § 12.

(3) the obligation for the transmission of data, which can be differentiated according to the risk of carbon dioxide emissions can be omitted, if: 1 relate to 95% of inputs, outputs and related emissions of Aquarium system with heat reference value, the aquarium system with fuel reference value or the aquarium system with process emissions sectors or subsectors in accordance with Annex 2; or 2. 95% of the inputs, outputs and related emissions of the aquarium system with heat reference value that concerning sub system with fuel reference value or the aquarium system with process emissions sectors or sub-sectors, not listed in annex 2.

(4) any holder of plant has the following certain installed initial capacity of each Aquarium system with product reference value to transmit. Basically, the installed initial capacity corresponds to the average of two highest monthly production volume during the period 1 January 2005 to 31 December 2008, it being understood that the aquarium system with this load of 720 hours per month and 12 months per year in operation was. As far as the initial capacity installed in this manner can be determined, the lower capacity under the supervision of a testing facility is to prove experimentally, to make sure that the applied parameters typical to the sector and the experimental results are representative.

(5) in the case of lower plants, whose capacity was significantly changed between January 1, 2005 and June 30, 2011, the plant owner has before starting new operations after a major change in Capacitance to announce the additional or reduced capacity, as well as the installed capacity of the aquarium system Aquarium determined on the basis of the average of two highest monthly production quantities within the first six months after recording the amended operation in addition to the installed initial capacity specified in application of paragraph 4 this. For the assessment of any further significant capacity changes, the installed capacity of the aquarium system is taken after the significant change in capacitance as initial installed capacity of the aquarium system.

(6) the holder of the plant has to use the electronic format, that will be available on the website of the Federal Ministry of agriculture and forestry for data transmission.

(7) inputs, outputs and related emissions data are available to those only for the entire system, the respective sub systems on the basis of the following factors as follows proportionally associate: 1 as far as successively different products are manufactured on the same production line, inputs, outputs and related emissions sequentially on the basis of usage time per year and lower plant be associated;

2. as far as inputs, outputs, and the related emissions not in accordance with no. 1 can be associated, the allocation is the mass or the volume of each manufactured products or scientifically-based distribution key based on estimates on the basis of the free reaction enthalpies of the relevant chemical reactions or other appropriate basis.

(8) the plant owners have to provide complete and consistent information and to ensure that it neither comes to overlap between lower plants to double-counting. You have this to proceed with due care and to present highest accurate data, so that adequate safety with regard to data integrity. Each unit owner has for this purpose, to submit also a methodological report, containing in particular a description of the survey methodology, of different data sources, the plant, the applied calculation steps and, if necessary, the hypotheses underlying the allocation of emissions to the respective sub systems in accordance with para 7 and methods. The Federal Minister for agriculture and forestry, environment and water management may require the plant owners, to confirm the accuracy and completeness of the data transferred.

(9) in the event that data is missing, the system owner is obliged to specify the reasons for this. All missing data are before or at the latest during the examination of the test facility by conservative estimates to replace with, based on best industry practice and current scientific and technical information. In the case of partially the information means conservative estimate that the extrapolated value maximum is 90% of the value obtained when using the available data.

(10) no data on measurable heat fluxes are available for the sub system with heat-reference value, a replacement value can be derived by multiplying the appropriate use of energy with appropriate and approved by a testing facility efficiency of heat production. There are no such efficiency data, so a benchmark efficiency applied to the corresponding energy input for producing measurable heat of 70%.

(11) the Federal Minister for agriculture and forestry, environment and water management has the data referred to in paragraph 1 to 10 to provide at the request of the European Commission.

Testing

Are the data collected pursuant to section 4 § 5 (1) to consider in particular the method report as well as the reported parameters in accordance with article 4 and annex 4 by an independent inspection body. The audit concerns the reliability, plausibility and accuracy of the data reported by the facility owners and ends in a test report, indicating whether the data with reasonable certainty are free of material misstatement.

(2) data pursuant to section 4 are lit for installations pursuant to § 3 Z 5. a EZG 2011 by for each industry group pursuant to article 3 of the regulation on the requirements for the technical qualification for independent testing facilities, Federal Law Gazette II No. 424/2004, as amended by Federal Law Gazette No. 325/2010, authorized independent testing facilities to verify II. For installations pursuant to § 3 No. 5 lit. b EZG 2011 are to validate the data according to § 4 of independent testing facilities approved for the industry group 1.

(3) in addition to the requirements of the regulation on the monitoring, reporting and verification relating to emissions of greenhouse gases, Federal Law Gazette II No. 339/2007, has an independent testing facility at least: 1. in the planning and conduct of the examination with professional skepticism to proceed. She has particularly clear to be that circumstances may exist which the submitted information and data contain material misstatements;

2. the parameter divided with only to validate if this could be determined with a high degree of security. For a high level of security has to prove the plant owner, that a) the supplied parameters are conclusive;

b)

the parameters collected in accordance with the applicable standards and guidelines;

(c) the relevant records of the installation are complete and consistent;

3. your test with a strategic analysis of all the activities performed in the system to start and to get an overview of all activities and their relevance for the allocation;

4. the information in the permit to the emission of greenhouse gases or in other relevant legal system permits in particular in assessing the installed initial capacity of sub systems into account;

5. the inherent risks and control risks, which result from the scope and complexity of the activities of the plant owner and the allocation parameters and lead to significant misrepresentation could analyze and prepare a test plan based on this risk analysis;

6. a site visit to perform, to control the operation of meters and monitoring systems, conduct interviews, and sufficient information and evidence to charge;

7. the audit plan to implement by she also collect data on the basis of the given method of sampling, continuity tests, document reviews, analysis procedures and data checks, including any other relevant information on which it based its opinion;

8. the plant owners to urge, to submit all missing data or missing parts of the audit trail, to explain the changes in the parameters and emission data or perform calculations again or adjust reported data;

9. an internal audit report to create, which demonstrated that the strategic analysis, risk analysis and the test plan are fully conducted, and given enough information, to support inspection reports;

10. on the basis of the results of the internal audit report to decide whether the supplied parameters contain material misstatements and whether other questions are open, which are for the relevant test report.

11 has to span. your test method, its findings and its test of opinion in a report addressed to the plant owner, to transmit which this the Federal Ministry of agriculture and forestry, environment and water management together with the methodological report and the supplied parameters.

Historical rate of activity

The historical activity rates of each plant on the basis of the data collected in accordance with paragraph 4 for the period 1 January 2005 to 31 December 2008 is section 6 (1) for installations determined. As far as data for the reference period 1 January 2009 to 31 December 2010 have been submitted and these are higher, this data for determining the historical rate of activity can be used.

(2) the product-related historical activity rate is for each product a product reference value has been set for that in accordance with Annex 1, the median value of the historical annual production of this product in the plant during the reference period referred to in paragraph 1.

(3) the heat-related historical rate of activity is the median value of the historical annual import volume of measurable heat from a 2011 falling under the scope of the basin system and annual historical generating of measurable heat during the reference period referred to in paragraph 1, specified as Terajoules per year as far as this heat within the investment limits for the manufacture of products for the production of other than mechanical energy used for electricity production , is consumed for heating or for cooling, but not for electricity production, or installations covered under the scope of the EZG 2011 or another institution, but not for electricity production, exports.

(4) the fuel-related historical rate of activity is the median value of historical annual consumption of fuels to produce no measurable heat during the reference period referred to in paragraph 1, consumed for the production of products for the production of other than the electricity of used mechanical energy, for heating or for cooling, but not for electricity, including producing no measurable heat through safety gas-flaring, specified as Terajoules per year.

(5) in the case of process emissions arising during the reference period referred to in paragraph 1 relating to the manufacture of products in the relevant appendix, the process-related historical activity rate refers to the median value of annual historical process emissions specified as tonnes of carbon dioxide-equivalent.

(6) for the determination of the median of the values referred to in paragraph 2 to 5, only the calendar years are considered, where the plant was at least a day in operating. During the relevant period, the plant was less than two years in operation, so the historical activity rates on the basis are calculated certain installed initial capacity of each Aquarium system, multiplied by the see by analogy with application of the relevant capacity factor in accordance with article 15, paragraph 3, which according to the procedure referred to in article 4, paragraph 4.

(7) by way of derogation from paragraph 2 the product-related historical activity rate for products on which the product reference values according to annex 1, section 3, application for, to determine on the basis of the median of the historical annual production according to the formulas set out in the same annex.

(8) installations, only occasionally operated including seasonal plants and plants that that were not at least one day in operation, in a calendar year during the reference period will be kept in reserve, or willingness, are considered in determining the median values in accordance with paragraph 1, unless all the following conditions are met: 1 there is proven beyond reasonable doubt that the system is used occasionally and in particular as standby or reserve capacity or seasonal plant regularly is;

2. the facility has a permit to emit greenhouse gas emissions, as well as all other relevant statutory licences;

3. it is technically feasible in the short term to take the plant, and the plant is regularly serviced.

(9) has been greatly expanded the capacity of a stock system between January 1, 2005 and June 30, 2011 or reduced, so the historical activity rates in the relevant appendix of the sum of the median values without significant modification of capacity in accordance with paragraph 1 and the historical activity rates of additional or reduced capacity correspond to.

(10) the historical activity rates of additional or reduced capacity correspond to the difference between the installed initial in accordance with § 4 para 4 of the individual plant of under capacities, where a substantial capacity change was made until it has changed operation, and the installed capacity in accordance with § 4 paragraph 5 after the major capacity changes, multiplied by the average historical capacity utilization of the installation concerned in the years before the start of modified operation.

Allocation to installations

§ 7 (1) on the basis of the data collected in accordance with section 4 is to calculate the provisional number of emission allowances that para 2 to 8 2013 allocated free of charge to any inventory system in accordance with each year.

(2) for the purposes of this calculation, the provisional annual number of emission allowances to be free allocated to individual sub systems is first to determine; the preliminary annual amount of carbon credits in a year has the following values to match: 1 for lower plants with the reference value of the product: the relevant product reference value in accordance with Annex 1, multiplied by the relevant product-related historical activity rate;

2. for lower plants with heat-reference value: heat; multiplied by the benchmark for measurable heat in accordance with Annex 1, the heat-related historical activity rate for consumption measurable

3. for lower plants with fuel-reference value: the fuel reference value in accordance with Annex 1, multiplied by the fuel-related historical activity rate for the spent fuel.

4. for lower plants with process emissions: the process-related historical activity rate, multiplied by 0.97.

(3) as far as measurable heating to private households will be exported and in accordance with paragraph 2 Z 2 preliminary annual number of allowances for 2013 than that for the period from 1 January 2005 to 31 December 2008 is lower calculated median of annual historic emissions of under investment as a result of the production of measurable heat exported to private households, the provisional annual number of allowances for 2013, the difference is adjusted. Same adjustment is made for the years 2014-2020, provided that for the period from 1 January 2005 to 31 December 2008 calculated median of the historical emissions of under investment multiplied by a factor of 0.90 in the year 2014, which goes back, is higher than that referred to in paragraph 2 in each following year 0.1 No. 2 certain preliminary annual amount of carbon credits for the year in question.


(4) in accordance with the requirements of section 23 Z 9 EZG 2011 are on the preliminary annual number of free allocated emission allowances, which are determined for each under facility referred to in paragraph 2 for the year in question used the factors set out in annex 3, as far as the processes taking place in this sub sectors or sub-sectors concern, which are given in annex 2.

(5) unless at least 95% of the historical activity rate of the aquarium system with heat reference value, the aquarium system with fuel reference value or the aquarium system with process emissions relate to sectors or subsectors, which are not mentioned in annex 2, par. 4 of the application comes for the whole aquarium system.

(6) relate to the processes taking place in this sub sectors or sub-sectors referred to in annex 2, so the factor is 1 for the years 2013 and 2014 to apply. The factor 1 shall apply subject to a modification of annex 2 for the years 2015 to 2020.

(7) as far as at least 95% of the historical activity rate of the aquarium system with heat reference value, the aquarium system with fuel reference value or the aquarium system with process emissions concern sectors or sub-sectors referred to in annex 2, paragraph 6 of the application comes for the whole aquarium system.

(8) the preliminary annual number is emission certificates that free to allocate under plants are what measurable heat from under plants, purchased that falling produce under the nitric acid reference values set out in annex 1, to the historical annual consumption of this heat during the reference period in accordance with § 6 ABS. 1, multiplied with the heat reference value for this measurable heat in accordance with Annex 1, cut.

(9) the provisional year total quantity of emission allowances to be free allocated to each plant is the sum of the provisional annual number of emission allowances, which are free to assign all minor equipment calculated in accordance with paragraph 2 to 8.

(10) there is a system of lower plants, where pulp (short fibre sulphate pulp, long-fibre sulphate pulp, thermo mechanical pulp and mechanical pulp, sulphite pulp or other, not under a product reference value falling pulp) manufactured and exported from those measurable heat to other technically connected sub systems is, so the provisional annual number of to Communicator to free emission allowances is taken into account for the calculation of the provisional year total amount of free emission allowances in accordance with paragraph 9 - without prejudice to emissions allowances to be free allocated to the provisional annual number of other sub systems of the installation concerned - only in so far , as the pulp products produced by this sub system in the traffic be brought and not in same plant or in technically advanced equipment to paper processes.

(11) in the calculation of the provisional year total quantity of emission allowances to be free allocated to the individual plants is to ensure that emissions are not double counted and the allocation is not negative. When an intermediate, which is defined in the respective system limits set out in annex 1 under a product reference value, is imported from a plant, the emissions in the calculation of the provisional year total quantity of emission allowances to be free allocated to the two plants may especially not twice are counted.

(12) If a regulation in accordance with § 24 para 3 2011, a cross-sectoral factor is set basin, this is when calculating the free year total amount of inventory systems, except to bring plants pursuant to § 22 para 3 EZG 2011, on the application by the provisional year total quantity of emission allowances, which allot each plant according to the procedure referred to in paragraph 9 are multiplied by the correction factor cross-sectoral.

(13) for plants referred to in § 22 para 3 EZG 2011, for the allocation of free emission allowances in question come, is equivalent to the total annual quantity of free emission allowances to the provisional year total quantity of emission allowances, free of charge to impart any system in accordance with the procedures of paragraph 9 are 8 EZG multiplied with the factor specified for each year in accordance with annex 2011.

Allocation for Steamcracken

§ 8 by way of derogation from § 7 para 2 the preliminary annual amount of carbon credits is equivalent to Z 1, free to impart an aquarium system with product reference value for the production of chemical products of value ("CWP") are with in accordance with Appendix 1, section 3, certain historical activity rate multiplied product reference value for the Steamcracken in accordance with Appendix 1, multiplied by the quotient of the total direct emissions specified in metric tons of carbon dioxide equivalent, including the emissions from imported net heat , during the reference period in accordance with article 6, paragraph 1, and the sum of this total direct emissions and the relevant indirect emissions calculated in accordance with section 11 paragraph 2 during the reference period in accordance with article 6, paragraph 1, specified in metric tons of carbon dioxide equivalent. The result of this calculation be added 1.78 tons of carbon dioxide are the ton multiplied by the median value of historical production in tonnes of hydrogen hydrogen from additional feedstocks, 0.24 tonnes of carbon dioxide the ton ethene, multiplied by the median value of specified in ethene of tons of historical production of ethylene from additional feedstocks, and 0.16 tons of carbon dioxide per ton of CWP, multiplied by hydrogen, the median value of the historical production of other chemical value products as hydrogen and ethene from additional ingredients specified in tons of CWP.

Allocation for vinyl chloride monomer

§ 9 by way of derogation from article 7, paragraph 2 corresponds to Z 1 free allowances to be allocated to the provisional annual number of a lower plant for the manufacture of vinyl chloride monomer ("VCM") emission which multiplied VCM reference value, specified and in accordance with § 11 ABS. 2 multiplied by the quotient of the tonnes of carbon dioxide equivalent calculated direct emissions from the VCM production, including emissions from the net heat imports with the historical rate of activity of VCM production in tonnes , during the reference period in accordance with section 6, paragraph 1, and the sum of these direct emissions and in tonnes carbon dioxide equivalent specified and on the basis of historical consumption of heat from the combustion of hydrogen in Terajoules (TJ) calculated hydrogen-related emissions from the VCM production during the reference period in accordance with § 6 ABS. 1, multiplied by 56.1 tons of carbon dioxide per TJ.

Heat flows between systems

§ 10. As far as measurable heat from a 2011 fall not within the scope of the EZG plant or other facility was imported into an aquarium system with the reference value of the product, is reduced 1 calculated preliminary annual number of emission allowances to the amount of heat to be free allocated to the lower plant with the reference value of the product Z pursuant to § 7 para 2, which historically has been imported in the year concerned from a 2011 fall not within the scope of the EZG plant or other facility , multiplied by the heat reference value for measurable heat in accordance with Annex 1.

Interchangeability of fuel and power

§ 11 (1) for any aquarium system with a product reference value in accordance with Annex 1, in which the interchangeability of fuel and electricity is taken into account, corresponds to the preliminary annual number of to Communicator to free emission allowances which 1, multiplies multiplied authoritative product reference value in accordance with annex with the product-related historical activity rate with the quotient of the total direct emissions in tonnes of carbon dioxide-equivalent, including the emissions from the imported net heat, during the reference period in accordance with article 6, paragraph 1 , and the sum of this total direct emissions and the relevant indirect emissions during the reference period in accordance with article 6, paragraph 1, specified in metric tons of carbon dioxide equivalent.

(2) for the calculation referred to in paragraph 1, the relevant indirect emissions to relevant power given in megawatt-hours in the sense of the definition of the processes and emissions in accordance with Annex 1 for the production of the product concerned during the reference period in accordance with article 6, paragraph 1 refer multiplied by 0,465 tonnes of carbon dioxide per mega watt hour and expressed as tons of carbon dioxide.

(3) for the calculation referred to in paragraph 1 refer to the emissions from the net import of heat on that for the production of the product concerned amount of measurable heat that was imported during the reference period in accordance with § 6 ABS. 1 from installations covered in the scope of the EZG 2011 multiplied with the heat-reference value in accordance with Annex 1.

List of facilities

§ 12 (1) the directory that is to transmit EZG 2011 at the European Commission, pursuant to section 24 para 2 contains the identification of the plant and its limits in the form of the animal codes of the system in the transaction log of the European Union; for any inventory system in particular 1.

2. information to identify each sub system of a system;

3.

for any aquarium system with the reference value of the product she installed initial capacity together with the annually produced volumes of the product concerned for the period 1 January 2005 to 31 December 2008;

4. for each facility and each sub system information about whether the plant or aquarium is associated a sector or subsector in accordance with Annex 2;

5. for any aquarium system calculated pursuant to § 7 para 2 preliminary annual number of for free emission allowances during the period from 2013 to 2020;

6. in addition to no. 4 for lower plants, which is associated with any sector or sub-sector as defined in annex 2, the calculated preliminary annual number of in the period 2013 to 2020 for free emission allowances pursuant to § 7 para 4;

7. for each facility they calculated preliminary year totals of the period from 2013 to 2020 for free emission allowances to in accordance with § 7 paragraph 9.

(2) installations in accordance with § 24 para 1 last movement of EZG 2011 must submit by way of derogation from the provisions of sections 4 to 11, no audited data, directory pursuant to § 24 para 2 of the 2011 to be included EZG. The free allocation is set in the directory for the period 2013 to 2020 with zero. The free allocation has to be EZG 2011 as well as of the 3rd, with the plants in the calculation of the free allocation as installations referred to in § 3 No. 6 lit by way of analogous application of § 25 section of this regulation. b sublit. are to treat bb EZG 2011. An application under section 24 para 1 last movement of EZG 2011 applies EZG thereby as request pursuant to § 25 para 1 2011.

Changes in the risk of leakage of emissions of carbon dioxide

§ 13. Three months after the adoption of the list referred to in Article 10a paragraph 13 of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community and amending Directive 96/61/EC, OJ No L 275 of the 25.10.2003 p. 32, as last amended by Directive 2009/29/EC, OJ No. L 140 of the 05.06.2009 p. 63 , for the years 2015 to 2020 or the adoption of any new entries in the in accordance with assumed the decision 2010/2/EC establishing a list of sectors and sub-sectors, of which, that they are exposed to a significant risk of CO2 emissions, in accordance with Directive 2003/87/EC, OJ No. L 1 from Jan 5, 2010 in 2013 and 2014 is p. 10, set directory for years to verify the directory in accordance with § 12. While any changes in relation to the assumption that plants and lower plants exposed to a risk of leakage of emissions of carbon dioxide, and, where appropriate, the corresponding preliminary annual quantity of free emission allowances to shall be indicated. The revised directory is to convey to the Commission.

3. section

New market participants, significant capacity reductions and significant reductions in the rate of activity

Subdivision in lower plants, collection of data and testing, determination of the capacity

Equipment, for which in accordance with § 25 2011 allocation applied EZG, are 14 (1) to break down under by analogy with the provisions of section 3 in lower plants. System owners are required to submit all relevant information and data to the parameters laid down in annex 5 for each lower attachment separately to the Federal Minister of agriculture and forestry, environment and water management EZG 2011 together with the application in accordance with section 25.

(2) for plants referred to in § 3 No. 6 lit. b sublit. each unit owner has aa EZG 2011 according to the method set out in section 4, paragraph 4 for any aquarium system to determine the installed initial capacity, with the consistent 90-day period, the start of normal operation is determined on the basis of which, to be used as the reference period.

(3) in the case of installations referred to in § 3 No. 6 lit. b sublit. each unit owner has bb EZG 2011 according to the method set out in section 4, paragraph 4 for any aquarium system to determine the additional capacity, taking the first six months after the start of modified operation as a reference period to be used. For the purpose of assessing subsequent significant capacity changes after significant capacity expansion as installed initial capacity of the aquarium system, the installed capacity of the aquarium system must be considered.

(4) the data referred to in paragraph 1 are from a testing facility according to the rules of procedure of § 5.

Determination of the activity rates

Section 15 (1) for plants referred to in § 3 No. 6 lit. b sublit. AA EZG 2011 are the activity rates of the individual sub systems by the Federal Ministry of agriculture and forestry, to determine the environmental and water management as follows: 1. the product-related activity rate corresponds to each product for which a product reference value in accordance with Annex 1, set of the installed initial capacity of the base plant for the production of this product, multiplied by the standard capacity utilisation factor;

2. heat-related activity rate corresponding to the installed initial capacity in the lower plant for import of measurable heat from equipment 2011 falling within the scope of the basin, and the generation of measurable heat consumed within the investment limits for the manufacture of products, the production of other than the electricity of used mechanical energy, for heating or for cooling, but not for electricity production, or at a 2011 falling under the scope of the EZG plant or other facility , but not for electricity production, exports, multiplied by the relevant capacity utilization factor;

3. the fuel-related activity rate corresponds to the installed initial capacity of the base plant for the use of fossil fuels to produce no measurable heat multiplied for the manufacture of products, the production of other than for electricity used mechanical energy, for heating or for cooling the plant, but not for electricity production, is consumed including producing no measurable heat through safety gas-flaring, the relevant capacity utilization factor;

4. the process mission-related activity rate corresponding to the installed initial capacity of processing unit for the production of process emissions, multiplied by the relevant capacity factor.

(2) as a standard capacity utilisation factor which is by the European Commission on the basis of the Member States in accordance with article 7 of the decision 2011/278/EC establishing EU wide transition rules to harmonise the free allocation of emission allowances in accordance with Article 10a of Directive 2003/87/EC, OJ No. L 130 of the 17.05.2011 p. 1, as amended by corrigendum, OJ No. L 205 of the 10.08.2011 p. 38 , collected certain and published factor to use.

(3) the capacity utilisation factor referred to in paragraph 1 is well-founded and independent Z 2-4 by the Federal Ministry of agriculture and forestry, environment and water management based on approved details of the planned operation of the system, their maintenance, the usual production cycle, energy-efficient techniques and typical capacity utilization in the sector concerned as compared to sector-specific information. In determining the relevant capacity utilisation factor referred to in paragraph 1 also substantiated and independently verified information on the emission intensity of input and greenhouse gas-efficient techniques Z 4 takes into account the Federal Minister for agriculture and forestry, environment and water management.

(4) for plants referred to in § 3 No. 6 lit. b sublit. BB, the Federal Minister for agriculture and forestry, environment and water management determines the activity rates in application of the provisions of paragraph 1 only for the additional capacity of the sub systems, refers the substantial expansion of capacity.

Allocation to new entrants

Section 16 (1) for the allocation of allowances to new entrants in accordance with § 3 No. 6 lit. b sublit. AA EZG 2011 calculated the Federal Minister for agriculture and forestry, environment and water management the provisional annual number of from the recording of the normal operation of the system for free emission allowances to separately for each sub unit as follows: 1. for any aquarium system with the reference value of the product is the provisional annual number of per year for free emission allowances to the relevant product reference value, multiplied by the rate of product-related activity;

2. for any aquarium system with heat-reference value, the preliminary annual number of per year for free emission allowances to matches the reference value for this measurable heat in accordance with Annex 1, multiplied by the rate of heat-related activity;

3. for each Aquarium system with fuel-reference value corresponds to the preliminary annual number of per year for free emission allowances to the fuel reference value in accordance with Annex 1, multiplied by the rate of fuel-related activity;

4. for each Aquarium system with process emissions corresponds to the preliminary annual number of per year for free emission allowances to the process mission-related activity rate, multiplied by 0,9700.

(2) for the calculation of the provisional annual number of free emission allowances, § 7 para 4 to 8 and section 11 and sections 8, 9, 10 and 11 shall apply mutatis mutandis.


(3) for independently verified emissions occurred prior to normal operation, additional emission allowances are allocated to the new entrants on the basis of the historical emissions specified in metric tons of carbon dioxide equivalent.

(4) for the allocation to installations referred to in § 3 No. 6 lit. b sublit. BB, the Federal Minister for agriculture and forestry, environment and water management without prejudice to allocation to the facility in accordance with § 7 according to the provisions of paragraphs 1 and 2 particularly calculated the provisional annual number of free emission allowances to for significant expansion of sub installations concerned.

(5) the provisional year total amount of free emission allowances to equal to the sum of the according to para 1 calculated preliminary annual number of emission allowances to be free allocated to all sub systems and the additional emission allowances in accordance with paragraph 3. § 7 paragraph 10 shall apply.

(6) the annual total amount of free emission allowances corresponds to the provisional year total amount calculated in accordance with paragraph 5 of each plant free emission allowances to, multiplied by factor indicated for each year, based on reference a preliminary annual total calculated for the year of 2013 for the installation 8 EZG which in annex 2011.

Significant capacity reduction

§ 17 (1) have been the capacity of a plant significantly reduced after June 30, 2011, the Federal Minister for agriculture and forestry, environment and water management is determined the amount to which the number of allocated free emission allowances must be shortened accordingly. To this end, the holder of the plant has to a substantial reduction in capacity, which has been tested by an independent testing facility with satisfactory results, according to the significant reduction in capacity in time to inform the reduced capacity and the installed capacity of the respective aquarium system. For the purpose of assessing subsequent significant capacity changes, this installed capacity of the aquarium system is according to the significant reduction in capacity as initial capacity installed under system to take into account.

(2) for installations, where capacity has been significantly reduced after June 30, 2011, the Federal Minister for agriculture and forestry, environment and water management determines the activity rates in application of the provisions of § 15 para 1 only for the reduced capacity of the aquarium system, significant capacity reduction refers.

(3) that provisional annual number of allocated free emission allowances is any aquarium system to pursuant to § 16 para 1 and 2 calculated preliminary annual number of free emission allowances, that the significant reduction in capacity corresponds to the lower plant, to cut.

(4) the Federal Minister for agriculture and forestry, environment and water management of the plant in accordance with § 7 paragraph 12 or 13 then determined according to the methodology applied for the determination of the provisional total of year prior to the significant reduction in capacity, the provisional total of year for the installation, as well as the total amount of the annual free emission allowances.

(5) the allocation to the system is corrected from the year that follows the year of capacity reduction, or from 2013, when the significant capacity reduction takes place before January 1, 2013.

Significant reductions in the rate of activity

Section 18 (1) a substantial reduction in the activity of councils for a plant exists, if a lower plant, which at least 30% once a year free of charge allocated emission allowances fall to the facility or for the over 50 000 emission allowances were allocated, their activity rate in a calendar year to the activity rate, which was based on (initial activity rate) for the calculation of the allocation to the aquarium system referred to in article 6 or, where appropriate, article 15 that reduced by at least 50%.

(2) the allocation of emission allowances to a system that has significantly reduced their activity rate is from the year following the year in which the significant reduction in the rate of activity is done, or from 2013, when the significant reduction in the rate of activity occurred before January 1, 2013, corrected as follows: 1. is the activity rate of the aquarium system referred to in paragraph 1 compared to the initial activity rate by 50% to 75% reduced , so the plant receives only half of the initially allocated allowances for the respective aquarium system.

2. is the activity rate of the aquarium system pursuant to par. 1 compared to the initial activity rate to 75% reduced up to 90%, the plant receives only 25% of the initially allocated emission allowances for the respective aquarium system.

3. is the activity rate of the aquarium system pursuant to par. 1 compared to the initial activity rate to 90% or more reduced, no emission certificates are free allocated the system for the respective aquarium system.

(3) the under facility referred to in paragraph 1 reaches an activity rate of over 50% of the initial activity rate, the plant, from the year following the calendar year in which the activity rate of the aquarium system referred to in paragraph 1 has exceeded the threshold value of 50%, receives the emission certificates initially allocated for the respective aquarium system.

(4) achieved a rate of activity by more than 25% of the initial activity rate, the under facility referred to in paragraph 1 the plant from the year following the calendar year in which the activity rate of the aquarium system referred to in paragraph 1 has exceeded the threshold of 25%, receives half of the emission allowances initially allocated for the respective aquarium system.

Berlakovich