Allocation Rule Regulation, Zurv

Original Language Title: Zuteilungsregelverordnung, ZuRV

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465. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the allocation rules for the trading periods from 2013 (Allocation rules regulation, ZuRV)

Due to § 23 of the Federal Act on a scheme for greenhouse gas emission allowance trading (emissions certificate act 2011-EZG 2011), BGBl. I No 118/2011, shall be assigned in agreement with the Federal Minister for Economic Affairs, Family and Youth:

Section 1

General provisions

Subject matter

§ 1. The purpose of this Regulation is to lay down rules for the calculation of the transitional free allocation.

Definitions

§ 2. For the purposes of this Regulation:

1.

"Sub-installation with product reference value" inputs, outputs and related emissions related to the manufacture of a product for which: Annex 1 a reference value has been set.

2.

"Sub-installation with heat reference value" means inputs, outputs and related emissions related to the production or the import of measurable heat from a 2011 European EZG falling under a subunit with a product reference value Installation, as far as this heat

a)

within the limits of the installation for the manufacture of products, for the production of other mechanical energy used for the production of electricity, for heating or for cooling, but not for electricity production, or

b)

is exported to an installation not covered by the ECG 2011, or any other facility, with the exception of exports for electricity production.

3.

"subplant with fuel reference value" means inputs, outputs and related emissions related to the production of non-measurable heat by the combustion of fuels, not under a sub-installation with a product reference value, where the heat cannot be measured for the manufacture of products, for the production of other mechanical energy used for the production of electricity, for heating or for cooling, including the security cover, but not for the production of electricity, is consumed.

4.

"measurable heat" means a heat transfer medium (such as steam, hot air, water, oil, liquid metals and salts) transported by identifiable pipes or pipes, for which a heat meter has been installed, or could be installed.

5.

"heat meter" means a heat meter within the meaning of Annex MI-004 of Directive 2004 /22/EC on measuring instruments, OJ L 327, 22.3.2004, p. No. OJ L 135, 30.4.2004, p. 1, as last amended by Directive 2009 /137/EC, OJ L 135, 30.5.2009, p. No. 7, or any other device for measuring and recording the amount of heat energy produced on the basis of the flow rate and the temperatures.

6.

"Non-measurable heat" means any heat with the exception of measurable heat according to Z 4.

7.

"Sub-installation with process emissions" means greenhouse gas emissions other than carbon dioxide emissions in accordance with Annex 3 of the ECG 2011, which are outside the system limits of a product reference value in accordance with Annex 1 or carbon dioxide emissions which are outside the system limits of a product reference value in accordance with Annex 1 , resulting from one of the following processes, and emissions from the combustion of incompletely oxidized carbon, within the limits of the following processes for the production of measurable heat, non-measurable heat or electricity , provided that the emissions resulting from the combustion of a quantity of natural gas corresponding to the technically usable energy content of the burnt incompletely oxidized carbon are taken off:

a)

chemical or electrolytic reduction of metal compounds in ores, concentrates and secondary substances;

b)

removal of impurities from metals and metal compounds;

c)

Decomposing carbonates, excluding carbonates for exhaust gas purification;

d)

chemical syntheses in which the carbonaceous material takes part in the reaction and the main purpose of which is not heat generation;

e)

the use of carbonaceous additives or raw materials, the main purpose of which is not heat generation;

f)

chemical or electrolytic reduction of semi-metal oxides or non-metal oxides such as silicon oxides and phosphates.

8.

"substantial capacity expansion" means a substantial increase in the installed initial capacity of a sub-installation, with one or more identifiable physical changes to the technical configuration of the sub-installation and its functioning , except for the replacement of an existing production line, and

a)

the capacity of the sub-installation shall be increased by at least 10% compared to its installed initial capacity before the change; or

b)

the sub-installation to which the physical change relates has a significantly higher activity rate, resulting in an additional allocation of more than 50 000 emission allowances per year, which shall be at least 5% of the provisional annual The number of emission allowances allocated to this sub-installation free of charge prior to the change.

9.

"Essential capacity reduction" means one or more identifiable physical changes that substantially reduce the installed initial capacity of a sub-installation or its activity rate of the same order of magnitude as an essential Capacity expansion.

10.

"Key capacity change" means an essential capacity expansion or a substantial reduction in capacity.

11.

"additional capacity" means the difference between the installed initial capacity of a sub-installation and the installed capacity of this sub-installation, after a substantial capacity expansion, determined on the basis of the average of the two highest monthly production volumes within the first six months after the start of the revised operation.

12.

"reduced capacity" means the difference between the installed initial capacity of a sub-installation and the installed capacity of this sub-installation after a substantial reduction in capacity, determined on the basis of the average of the two the highest monthly production volumes within the first six months after the start of the revised operation.

13.

"intake of normal operations" shall be the first day of a continuous 90-day period or, if the usual production cycle does not provide for continuous production in the sector concerned, the first day of a continuous period of 90 days or sector-specific production cycles, the 90-day period in which the installation works with at least 40% of the capacity installed for the plant, taking into account, where appropriate, the approved plant-specific production cycles Operating conditions.

14.

"inclusion of modified operations" means the first day of a continuous 90-day period verified and approved, or, if the usual production cycle does not provide for continuous production in the sector concerned, the first day of an operation in which the operation is carried out. sector-specific production cycles, divided 90-day period during which the modified sub-installation works with at least 40% of the capacity installed for the installation, taking into account, where appropriate, the sub-installation specific operating conditions approved.

15.

"safety cover" means the combustion of fuels for the support firing and very variable quantities of process or residual gases at the outlet end of a corresponding torch device, which are contained in the relevant approvals of the plant It is expressly provided for safety reasons.

16.

"Private household" means a unit of residence that is supplied with measurable heat and is located in a building with one or more apartments or a residential building for communities, according to the EU building classification.

17.

"Independent audit facility" means an organization approved in accordance with § 14 EZG 2011, which is entitled to check the emissions reporting in accordance with § 9 paragraph 1 ECG 2011.

18.

"Sufficient security" means a high level of safety, but not absolute, in the test report, that the data subject to the examination does not contain any material misstatements.

19.

"degree of safety" means the extent to which the test facility is safe, in its final test report, or to be able to refut that the data provided for an installation does not contain any material misstatements.

20.

"Key misinformation" (except for omissions, misinterpretations and errors, permissible uncertainties) substantiated incorrect information in the submitted data, which, according to the best technical discretion of the test facility, is Could influence the use of data by the competent authority to calculate the allocation of emission allowances.

Section 2

Inventory

Breakdown in sub-facilities

§ 3. (1) Any eligible inventory pursuant to § 22 EZG 2011 for free allocation pursuant to § 3 Z 5 EZG 2011 shall be broken down into one or more of the following sub-installations, with these sub-systems as far as possible with the physical parts the inventory situation should be the same:

1.

a sub-installation with a product reference value;

2.

a sub-installation with a heat reference value;

3.

a sub-installation with fuel reference value;

4.

a sub-installation with process emissions.

(2) For subinstallations with heat reference value, subinstallations with fuel reference value and subinstallations with process emissions, the codes of the statistical classification of economic activities in the European Community (NACE) are as follows: Rev.1.1 (Regulation (EC) No 29/2002 amending Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community, OJ L 327, 31.12.2002, p. No. OJ L 6 of 10.01.2002 p. 3) or the Prodcom list of industrial products for 2007 (Regulation (EC) No 1165/2007 of 3 September 2007 establishing the Prodcom List of industrial products for 2007 pursuant to Council Regulation (EEC) No 3924/91, OJ L 327, 27.12.2007, p. No. 1), without any doubt, whether the process in question has a sector or sub-sector in accordance with Annex 2 .

(3) If a plant has produced measurable heat and exported it to an installation or other facility not falling within the scope of the ECG 2011, it is assumed that the relevant heating process of the sub-installation with thermal reference value shall be assumed to be no sector or sub-sector in accordance with Annex 2 unless it is shown that the heat can be measured in a sector or sub-sector in accordance with Annex 2 consumed.

(4) The sum of the inputs, outputs and emissions of all sub-systems shall not exceed the inputs, outputs and total emissions of the existing plant.

Collection of data

§ 4. (1) Each holder of an inventory, for which a free allocation of emission allowances in accordance with § 22 of the ECG 2011 is eligible, shall have for each year of the 1. The reference period beginning in January 2005 and ending on 31 December 2008, during which the inventory was in operation, all relevant information and data relating to the reference period in question, which was to be used in the Annex 4 shall be sent to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the information being broken down by sub-installations. Insofar as the historical activity rate in accordance with § 6 (1) in the reference period 1. January 2009 until 31 December 2010 is higher, the holder may submit data for this reference period.

(2) The data referred to in paragraph 1 shall be dismissed separately for the individual sub-installations. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may request the owner of the plant to provide further relevant data with an extension of the period specified in § 24 (1) ECG 2011 for a maximum of two weeks, if necessary. insofar as this is necessary for the proper calculation of the free allocation or for the preparation of the directory pursuant to § 12.

(3) The obligation to transmit data on the basis of which it is possible to differentiate between the risk of carbon dioxide leakage can be omitted if:

1.

95% of the inputs, outputs and related emissions of the sub-installation with heat reference value, the sub-installation with fuel reference value or the sub-installation with process emissions sectors or sub-sectors according to Annex 2 , or

2.

95% of the inputs, outputs and related emissions of the sub-installation with the reference heat reference value, the sub-installation with fuel reference value or the sub-installation with process emissions concern sectors or sub-sectors which are not included in the Annex 2 are listed.

(4) Each plant owner shall transmit the installed initial capacity of each sub-installation with the product reference value determined as follows. In principle, the initial capacity installed corresponds to the average of the two highest monthly production volumes during the reference period 1. January 2005 to 31 December 2008, assuming that the sub-installation was in operation 720 hours per month and 12 months per year at this capacity. In so far as the installed initial capacity cannot be determined in this way, the capacity of the sub-installation shall be demonstrated experimentally under the supervision of a testing facility, in order to ensure that the parameters used are sector-typical and the results of the experimental test are representative.

(5) In the case of sub-installations, the capacity of which is between 1 In addition to the installed initial capacity of this sub-installation, which was determined in application of the fourth paragraph, the owner of the plant has, before the amended establishment, the additional and/or the additional additional or the reduced capacity and the installed capacity of the sub-installation following a substantial change in capacity shall be determined on the basis of the average of the two highest monthly production volumes within the first six months of Inclusion of the modified holding. For the evaluation of any further significant changes in capacity, the installed capacity of the sub-system shall be based on the initial capacity of the sub-installation as the initial capacity installed.

(6) The owner of the plant has to use the electronic format for data transmission, which is made available on the website of the Federal Ministry of Agriculture and Forestry.

(7) Inputs, outputs and related emissions, to which data are available only for the overall data base, shall be allocated in proportion to the respective sub-systems on the basis of the following factors as follows:

1.

To the extent that different products are produced in succession on the same production line, inputs, outputs and related emissions are assigned sequentially on the basis of the time of use per year and sub-installation;

2.

Where inputs, outputs and the related emissions cannot be allocated according to Z 1, the allocation shall be based on the mass or volume of the products manufactured in each case or on the basis of estimates on the basis of the free Reaction enthalpy of the chemical reactions in question or on the basis of another suitable scientifically sound distribution key.

(8) Plant owners shall provide complete and coherent data and shall ensure that there is no overlap between sub-installations or double counting. In doing so, they must proceed with the due diligence and provide the highest possible accurate data, so that sufficient security is provided for data integrity. For this purpose, each plant owner shall also submit a method report, including, in particular, a description of the installation, the survey methodology used, the various data sources, the calculation steps used and, where appropriate, the for the allocation of the emissions to the respective sub-installations in accordance with paragraph 7 of the hypotheses and methods used. The Federal Minister for Agriculture, Forestry, Environment and Water Management can ask the plant owner to substantiate the accuracy and completeness of the data transmitted.

(9) In the event of a lack of data, the holder of the plant shall be obliged to state the reasons for this. Any missing data shall be replaced by conservative estimates, in particular on proven industrial practice and on current scientific and technical information, before or at the latest during the examination by the test facility. , In the case of partial data, conservative estimate means that the extrapolated value is not more than 90% of the value obtained when using the available data.

(10) No data on measurable heat flows for the subsystem with a heat reference value may be obtained by multiplying the corresponding energy input by the measured and tested efficiency of the heat generation Replacement value derived. If such efficiency data are not available, a reference efficiency value of 70% shall be applied to the corresponding energy input for the production of measurable heat.

(11) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, at the request of the European Commission, make the data available in accordance with paragraphs 1 to 10.

Audit

§ 5. (1) The data collected in accordance with § 4 shall be checked by an independent auditor, in particular the method report and the parameters communicated in accordance with § 4 and Annex 4 . The audit relates to the reliability, plausibility and accuracy of the data transmitted by the plant owners and ends in an audit opinion showing whether the data are free of material with sufficient certainty. False information.

(2) Data in accordance with § 4 shall be applicable to existing facilities according to § 3 Z 5 lit. a EZG 2011 of for the respective industry group according to § 3 of the regulation on the requirements for the subject-specific customer for independent testing facilities, BGBl. II No 424/2004, as amended by the BGBl version. II No 325/2010, to review approved independent testing facilities. For existing facilities according to § 3 Z 5 lit. b EZG 2011 the data shall be reviewed in accordance with § 4 of the independent testing facilities approved for the industry group 1.

(3) In addition to the requirements of the Regulation on the monitoring, reporting and testing of greenhouse gas emissions, BGBl. II No 339/2007, has an independent auditor in any case:

1.

to work with professional scepticism in the planning and implementation of the audit. In particular, it must be aware of the fact that circumstances may be in place by virtue of which the information and data provided contain essential false information;

2.

to validate the notified parameters only if they were able to be determined with a high degree of security. For a high degree of safety, the owner of the plant has to prove that:

a)

the parameters communicated are conclusive;

b)

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

c)

the relevant records of the installation are complete and conclusive;

3.

to begin its examination by carrying out a strategic analysis of all the activities carried out in the facility, and to obtain an overview of all activities and their relevance to the allocation;

4.

take into account the information in the greenhouse gas emissions permit or in other relevant legal authorisations, in particular when evaluating the installed initial capacity of subinstallations;

5.

the inherent risks and the control risks which result from the scope and complexity of the plant owner's activities and the allocation parameters and could lead to substantial misstatements could be analysed and based on these to draw up a test plan for risk analysis;

6.

carry out on-the-spot inspections in order to control the functioning of meters and monitoring systems, conduct interviews and collect sufficient information and supporting documents;

7.

implement the audit plan by collecting data on the basis of the specified sampling procedures, transit tests, document tests, analysis procedures and data audits, including any other relevant information to which it has received its opinion ,

8.

to request the owner of the plant to present any missing data or missing parts of the test path, to explain deviations in the parameters or emission data, or to re-perform calculations or to adapt notified data;

9.

to draw up an internal audit report, demonstrating that the strategic analysis, risk analysis and the audit plan have been carried out in full, and that sufficient information is provided to substantiate audit opinions;

10.

decide, on the basis of the results of the internal audit report, whether the parameters communicated contain essential false information and whether other issues are open to the audit opinion;

11.

to summarize their test method, their findings and their test report in a test report addressed to the owner of the plant, which the audit report together with the method report and the parameters communicated to the Federal Minister for Land and Forestry, the environment and water management.

Historical Activity Rate

§ 6. (1) For existing installations, the historical activity rates of the individual installations shall be based on the data collected in accordance with § 4 for the reference period 1. January 2005 to 31 December 2008. As far as data for the reference period 1. From January 2009 to December 31, 2010, these data may be used to determine the historical activity rate.

(2) The product-related historical activity rate shall be for each product for which the product Annex 1 a product reference value has been fixed, the median value of the historical annual production of this product in the installation in question during the reference period referred to in paragraph 1.

(3) The heat-related historical activity rate is the median value of the historical year specified as terajoule per year-quantity of measurable heat from a facility covered by the scope of the ECG 2011 and the annual historical production of measurable heat during the reference period referred to in paragraph 1, to the extent that such heat within the plant limits for the manufacture of products, for the production of other mechanical energy used for the production of electricity, for the heating or for the cooling, but not for electricity production, consumed or not under the scope of the EZG 2011 will be exported or another facility, but not for electricity production, will be exported.

(4) The fuel-related historical activity rate shall be the median value of the historical annual consumption of fuel used as a terajoule per year for the production of non-measurable heat during the reference period referred to in paragraph 1, which shall be used for the Manufacture of products, for the production of other mechanical energy used for the production of electricity, for heating or for cooling, but not for electricity production, including the production of non-measurable heat by security faction.

(5) In the case of process emissions arising during the reference period referred to in paragraph 1 in connection with the manufacture of products in the plant in question, the historical activity rate in relation to the process-related historical activity rate shall refer to the Carbon dioxide equivalent specified median value of the annual historical process emissions.

(6) In order to determine the median values referred to in paragraphs 2 to 5, only the calendar years in which the installation was in operation for at least one day shall be taken into account. If, during the relevant reference period, the installation was in operation for less than two calendar years, the historical activity rates shall be based on the installed initial capacity of each sub-installation, as determined in accordance with the procedure laid down in Article 4 (4); multiplied by the relevant utilization factor determined in accordance with Article 15 (3).

(7) By way of derogation from paragraph 2, the product-related historical activity rate for products to which the product reference values are based shall be: Annex 1 , Section 3, shall apply, on the basis of the median value of the annual annual production, in accordance with the formulae set out in the same Annex.

(8) existing installations which are operated only occasionally, including seasonal installations and installations held in reserve or standby, which during the reference period during the reference period were not in operation for at least one day, shall be taken into account in determining the median values referred to in paragraph 1, in so far as all of the following conditions are met:

1.

It is doubtful that the facility will be used occasionally and, in particular, as a standby or reserve capacity, or as a seasonal plant, in operation;

2.

the facility has a permit to emit greenhouse gases and all other relevant legally required operating licences;

3.

it is technically possible to put the plant into service in the short term, and the plant is regularly maintained.

(9) Where the capacity of an inventory was between 1 January 2005 and 30 June 2011 substantially extended or reduced, the historical activity rates of the apperation in question correspond to the sum of the median values determined in accordance with paragraph 1 without the substantial change in capacity and the historical Activity rates of the additional or of the reduced capacity.

(10) The historical activity rates of the additional or reduced capacity correspond to the difference between the installed initial capacities of the individual sub-installations, as determined in accordance with Article 4 (4), in which an essential capacity change, pending the inclusion of the changed holding, and the installed capacity, determined in accordance with Article 4 (5), after the substantial change in capacity, multiplied by the average historical capacity utilisation rate the appendix concerned in the years preceding the date on which the operation was changed.

Allocation to Assets

§ 7. (1) On the basis of the data collected in accordance with § 4, the provisional number of emission allowances shall be calculated for each year, which shall be allocated free of charge to each of the stocks referred to in paragraphs 2 to 8 as of 2013.

(2) For the purpose of this calculation, the provisional annual number of emission allowances to be allocated free of charge to each sub-system shall first be determined; the provisional annual number of emission allowances in one year shall be determined by: the following values:

1.

for subinstallations with product reference value: the relevant product reference value in accordance with Annex 1 , multiplied by the relevant product-related historical activity rate;

2.

for subinstallations with heat reference value: the reference value for measurable heat in accordance with Annex 1 , multiplied by the heat-related historical activity rate for the consumption of measurable heat;

3.

for subinstallations with fuel reference value: the fuel reference value in accordance with Annex 1 , multiplied by the fuel-related historical activity rate for the fuel consumed;

4.

for sub-systems with process emissions: the historical activity-related activity rate multiplied by 0.97.

(3) Where measurable heat is exported to private households and the provisional annual number of emission allowances for 2013 determined in accordance with paragraph 2 (2) (2) is lower than that for the period of 1 January 2007. January 2005 to 31 December 2008 calculated median value of the annual historical emissions of the sub-plant as a result of the production of measurable heat exported to private households, the provisional annual number of emission allowances shall be: for 2013 adjusted by the difference. The same adjustment shall be made for the years 2014 to 2020, provided that the period of time for the period of 1 January 2007 is 1. January 2005 to 31 December 2008 calculated median value of the historical emissions of the sub-plant multiplied by a factor of 0.90 in 2014, which dates back to 0.1 in each subsequent year, is higher than that determined in accordance with paragraph 2 Z 2 provisional annual number of emission allowances for the year in question.

(4) In accordance with the provisions of § 23 Z 9 of the ECG 2011, the provisional annual number of emission allowances to be allocated for free of charge, which shall be determined for each sub-system in accordance with paragraph 2 for the year in question, shall be subject to the factors referred to in Annex 3 , to the extent that the processes taking place in this sub-plant relate to sectors or sub-sectors which do not include: Annex 2 are listed.

(5) Where at least 95% of the historical activity rate of the subunit with reference to the reference heat, the sub-installation with fuel reference value or the sub-installation with process emissions is of sectors or sub-sectors which are not in Annex 2 , shall apply to the whole subunit (4).

(6) The processes taking place in this sub-plant shall be subject to the sectors or sub-sectors referred to in Annex 2 , for the years 2013 and 2014, the factor 1 shall apply. Subject to a change in the Annex 2 is also to be applied to Factor 1 for the years 2015 to 2020.

(7) To the extent that at least 95% of the historical activity rate of the sub-installation with heat reference value, the sub-installation with fuel reference value or the sub-installation with process emissions, sectors or sub-sectors according to Annex 2 shall apply to the whole subunit (6).

(8) The indicative annual number of emission allowances to be allocated free of charge to sub-installations which have obtained measurable heat from sub-installations covered by nitric acid reference values in accordance with Annex 1 shall produce the historical annual consumption of this heat during the reference period in accordance with Article 6 (1), multiplied by the heat reference value for this measurable heat in accordance with Annex 1 , shortened.

(9) The total provisional annual quantity of the emission allowances to be allocated free of charge shall be the sum of the provisional annual number of emission allowances calculated in accordance with paragraphs 2 to 8, free of charge for all sub-installations. shall be allocated.

(10) There is an installation of subinstallations in which pulp (short-fibre sulfated pulp, long-fibre sulphurate pulp, thermo-mechanical pulp and mechanical pulp, sulphite pulp or other, not below a product reference value) is falling. For the calculation of the provisional annual total quantity of the emission allowances to be allocated free of charge, in accordance with paragraph 9, without prejudice to the provisions of paragraph 9 of this Article, the the provisional annual number of other sub-installations of the Emission allowances to be allocated free of charge-the provisional annual number of emission allowances to be allocated free of charge only to the extent that the pulp products produced by this sub-plant are placed on the market and are not processed into paper in the same plant or in technically connected plants.

(11) In calculating the total annual amount of the emission allowances to be allocated to each plant for free, it is necessary to ensure that emissions are not counted twice and that the allocation is not negative. If an intermediate product, according to the definition of the respective system limits according to Annex 1 is subject to a product reference value, imported from an installation, the emissions in the calculation of the provisional annual total quantity of the emission allowances to be allocated to the two installations shall not be counted twice in particular .

(12) If a cross-sectoral correction factor is established in a regulation in accordance with Section 24 (3) of the ECG 2011, it shall be used for the calculation of the free annual total quantity of existing assets, with the exception of assets pursuant to section 22 (3) ECG 2011. , by multiplying the total provisional annual quantity of emission allowances to be allocated to each plant in accordance with the procedure referred to in paragraph 9, by the cross-sectoral correction factor.

(13) For installations in accordance with Section 22 (3) of the ECG 2011, which qualify for the allocation of free emission allowances, the total annual amount of the emission allowances to be allocated for free of charge corresponds to the provisional annual total quantity of the total annual amount of the emission allowances. Emission allowances to be allocated free of charge to each installation in accordance with the procedure laid down in paragraph 9, multiplied by the factor specified for each year in accordance with Annex 8 of the ECG 2011.

Assignment for Steamcracken

§ 8. By way of derogation from Article 7 (2) (1), the provisional annual number of emission allowances corresponding to a sub-installation with a product reference value for the production of chemical value products ("CWP") shall be the same as that of the following: shall be allocated free of charge, to the Annex 1 , Section 3, specific historical activity rate, multiplied product reference value for the steam cracking in accordance with Annex 1 , multiplied by the quotient of total direct emissions declared in tonnes of carbon dioxide equivalent, including emissions from imported net heat, during the reference period referred to in Article 6 (1), and in tonnes Carbon dioxide equivalent of the total of these total direct emissions and the relevant indirect emissions calculated in accordance with Article 11 (2) during the reference period in accordance with Article 6 (1). The results of this calculation shall be added to 1.78 tonnes of carbon dioxide per tonne of hydrogen, multiplied by the median value of the historical production of hydrogen from additional feedstocks indicated in tonnes of hydrogen, 0.24 Tonnes of carbon dioxide per tonne of ethene multiplied by the median value of the historical production of ethene from additional feedstocks indicated in tonnes of ethene, and 0.16 tonnes of carbon dioxide per tonne of CWP multiplied by the median value the historical production of other chemical substances specified in tonnes of CWP Valuable products as hydrogen and ethene from additional feedstock.

Allocation for vinyl chloride monomer

§ 9. By way of derogation from Article 7 (2) (1), the provisional annual number of one sub-plant for the production of vinyl chloride monomer ("VCM") shall be equal to emission allowances to be allocated free of charge to the VCM reference value multiplied by the historical activity rate of the VCM production indicated in tonnes multiplied by the quotient of the tonnes of carbon dioxide equivalent specified in tonnes and in accordance with Article 11 (2), direct emissions from the VCM production, including the emissions from the net thermal import, during the reference period in accordance with Article 6 (1), and the sum of these direct emissions and the total amount of the emissions in tonnes Carbon dioxide equivalent specified and specified on the basis of the Terajoules (TJ) historical consumption of heat from hydrogen combustion calculated hydrogen-related emissions from the VCM production during the reference period in accordance with Article 6 (1), multiplied by 56.1 tonnes of carbon dioxide per terajoule.

Heat flows between plants

§ 10. To the extent that measurable heat has been imported from a plant or other facility not covered by the scope of the ECG 2011 in a sub-installation with a reference to the product reference value, the provisional annual number of the the sub-installation concerned with the product reference value for free emission allowances shall be reduced by the amount of heat which, during the year in question, from an installation not falling within the scope of the ECG 2011 or other equipment has historically been imported, multiplied by the heat reference value for measurable heat in accordance with Annex 1 .

Interchangeability of fuel and electricity

§ 11. (1) For each sub-installation with a product reference value in accordance with Annex 1 , which takes into account the interchangeability of fuel and electricity, the indicative annual number of emission allowances to be allocated free of charge shall correspond to the relevant annual activity rate multiplied by the product-related historical activity rate. Product reference value in accordance with Annex 1 , multiplied by the quotient of total direct emissions declared in tonnes of carbon dioxide equivalent, including emissions from imported net heat, during the reference period referred to in Article 6 (1), and in tonnes Carbon dioxide equivalent of the total of these total direct emissions and the relevant indirect emissions during the reference period in accordance with Article 6 (1).

(2) For the purposes of the calculation referred to in paragraph 1, the relevant indirect emissions shall be based on the relevant electricity consumption indicated in megawatt-hours as defined in the processes and emissions defined in accordance with Annex 1 for the manufacture of the product concerned during the reference period referred to in Article 6 (1), multiplied by 0.465 tonnes of carbon dioxide/megawatt-hour and expressed as tonnes of carbon dioxide.

(3) For the purposes of the calculation referred to in paragraph 1, the emissions from net thermal import shall be based on the quantity of measurable heat required for the manufacture of the product in question, which shall be made during the reference period in accordance with Article 6 (1) of The scope of the ECG 2011 was imported, multiplied by the thermal reference value in accordance with Annex 1 .

List of annexes

§ 12. (1) The list to be sent to the European Commission in accordance with Article 24 (2) of the ECG 2011 shall contain, in particular, for each inventory

1.

information on the identification of the facility and its limits in the form of the identification code of the installation in the European Union transaction log;

2.

information on the identification of each substation of an installation;

3.

for each sub-installation with the product reference value, the installed initial capacity, together with the annual quantities of the product in question for the period 1. Jänner 2005 to 31 December 2008;

4.

information for each installation and each sub-system as to whether the installation or Sub-installation of a sector or subsector in accordance with Annex 2 is assigned;

5.

for each sub-installation, the provisional annual number of emission allowances to be allocated free of charge in the period from 2013 to 2020, as calculated in accordance with Article 7 (2);

6.

in addition to Z 4 for sub-installations not under any sector or sub-sector in accordance with Annex 2 , the calculated provisional annual number of emission allowances to be allocated free of charge in the period 2013 to 2020 in accordance with Article 7 (4);

7.

for each installation, the provisional annual total quantities of the emission allowances to be allocated free of charge in the period from 2013 to 2020, calculated in accordance with Article 7 (9).

(2) By way of derogation from the provisions of § § 4 to 11, existing facilities in accordance with § 24 (1) last sentence of the ECG 2011 do not have to submit any verified data in order to be included in the list in accordance with Section 24 (2) of the ECG 2011. The free allocation is to be set at zero in the list for the period 2013 to 2020. The free allocation is subject to the application of § 25 EZG 2011 as well as the 3. In the case of the calculation of the free allocation as annexes in accordance with § 3 Z 6 lit, the annexes shall be subject to the following conditions: b sublit. bb EZG 2011 are to be treated. A request pursuant to § 24 (1) last sentence of the ECG 2011 shall apply in the same way as the application pursuant to Section 25 (1) of the ECG 2011.

Changes in the risk of carbon dioxide leakage

§ 13. Within three months of the adoption of the list referred to in Article 10a (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 L 327, 22.12.2003, p. No. OJ L 275, 25.10.2003 p. 32, as last amended by Directive 2009 /29/EC, OJ L 275, 25.10.2009, p. No. 63, for the years 2015 to 2020 or for the adoption of any new entries in the list of sectors and sub-sectors adopted pursuant to Decision 2010 /2/EU, which are assumed to have a significant effect on the market Risk of relocation of CO 2 emissions are, in accordance with Directive 2003 /87/EC, OJ L 327, 22.3.2003, p. No. L 1 of 05.01.2010 p. 10, established list for the years 2013 and 2014, the list shall be reviewed in accordance with § 12. In so doing, any changes with respect to the assumption that installations and sub-installations are at risk of carbon leakage and, where appropriate, the corresponding indicative annual quantity of the free-of-charge to indicate emission allowances to be allocated. The directory under review shall be sent to the Commission.

Section 3

New entrants, substantial capacity reductions and substantial reductions in activity rate

Breakdown in subinstallations, collection of data and verification, determination of capacity

§ 14. (1) Assets for which an application for allocation has been made pursuant to § 25 of the ECG 2011 shall be broken down into sub-installations with the appropriate application of the provisions of § 3. Together with the application in accordance with § 25 of the ECG 2011, plant owners have all the relevant information and data on the in Annex 5 , to the Federal Minister for Agriculture, Forestry, Environment and Water Management separately.

(2) For installations according to § 3 Z 6 lit. b sublit. In accordance with the method laid down in § 4 (4), each plant owner shall determine the installed initial capacity for each sub-system in 2011, with the continuous 90-day period on the basis of which the intake of the normal operation is determined. is to be used as the reference period.

(3) For installations according to § 3 Z 6 lit. b sublit. bb EZG 2011, in accordance with the method laid down in Article 4 (4), each plant owner shall determine the additional capacity for each sub-installation, the first six months after the date of inclusion of the changed holding, to be used as the reference period. For the purpose of evaluating subsequent significant changes in capacity, the installed capacity of the sub-installation shall be taken into account as the initial capacity of the sub-installation to be installed after the substantial capacity expansion.

(4) The data referred to in paragraph 1 shall be examined by a test facility in accordance with the procedural rules of § 5.

Determination of activity rates

§ 15. (1) For installations according to § 3 Z 6 lit. b sublit. aa EZG 2011 are to determine the activity rates of the individual subunits of the Federal Minister for Agriculture, Forestry, Environment and Water Management as follows:

1.

The product-related activity rate is equal to each product for which a product reference value has been applied in accordance with Annex 1 , the installed initial capacity of the sub-installation concerned for the manufacture of this product multiplied by the standard capacity load factor;

2.

The heat-related activity rate corresponds to the installed initial capacity of the relevant sub-installation for the import of measurable heat from plants falling within the scope of the ECG 2011, and the generation of measurable heat within the scope of the Plant limits for the manufacture of products, the production of other mechanical energy used for the production of electricity, for heating or for cooling, but not for electricity production, or which are not covered by the scope of the directive plant or other equipment falling within the framework of the ECG 2011, but not electricity production, exported, multiplied by the relevant capacity utilization factor;

3.

The fuel-related activity rate corresponds to the installed initial capacity of the sub-installation concerned for the consumption of fuels for the production of non-measurable heat produced for the manufacture of products, the production of products other than those of Electricity production of used mechanical energy, for heating or cooling of the plant concerned, but not for electricity production, is consumed, including the production of non-measurable heat by security clearance, multiplied by the relevant capacity utilization factor;

4.

The process-missionary activity rate corresponds to the installed initial capacity of the process unit for the production of process emissions, multiplied by the relevant capacity utilization factor.

(2) The standard capacity utilization factor is the one established by the European Commission on the basis of the transitional arrangements for the harmonisation of free of charge by the Member States in accordance with Article 7 of Decision 2011 /278/EU Allocation of emission allowances in accordance with Article 10a of Directive 2003 /87/EC, OJ L 206, 22.7.2003, p. No. OJ L 130, 17.05.2011 p. 1, as amended by the corrigendum, OJ L 327, 28.12.2011, p No. 38, to use certain and published factors in the data collected.

(3) The relevant capacity utilization factor referred to in paragraphs 1, Z 2 to 4 shall be determined by the Federal Minister of Agriculture, Forestry, the Environment and Water Management on the basis of well-founded and independently verified information on the planned normal operation of the plant, its maintenance, the usual production cycle, energy-efficient techniques and the typical capacity utilisation in the sector in question, as compared to sector-specific information. In determining the relevant capacity utilisation factor referred to in paragraph 1 Z 4, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall also take into account well-founded and independently verified information on the Emission intensity of the input and propellant-gas-efficient techniques.

(4) For installations according to § 3 Z 6 lit. b sublit. bb, the Federal Minister for Agriculture, Forestry, the 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 to which the substantial capacity expansion .

Allocation to new entrants

§ 16. (1) For the allocation of emission allowances to new entrants according to § 3 Z 6 lit. b sublit. aa EZG 2011 the Federal Minister for Agriculture, Forestry, the Environment and Water Management calculates the provisional annual number of emission allowances to be allocated free of charge from the start of the normal operation of the plant separately for each sub-installation as follows:

1.

For each sub-installation with the product reference value, the provisional annual number of emission allowances to be allocated free of charge per year shall be equal to the relevant product reference value multiplied by the product-related activity rate;

2.

for each sub-installation with a reference to heat reference value, the provisional annual number of emission allowances to be allocated free of charge per year shall correspond to the reference value for this measurable heat in accordance with Annex 1 , multiplied by the heat-related activity rate;

3.

for each sub-installation with fuel reference value, the provisional annual number of emission allowances to be allocated free of charge per year shall correspond to the fuel reference value in accordance with Annex 1 , multiplied by the fuel-related activity rate;

4.

for each sub-installation with process emissions, the provisional annual number of emission allowances to be allocated free of charge per year shall be equal to the rate of activity-related activity rate multiplied by 0,9700.

(2) For the calculation of the provisional annual number of emission allowances to be allocated for free of charge, § 7 (4) to (8) and (11) as well as § § 8, 9, 10 and 11 shall apply.

Additional emission allowances shall be allocated to the new entrant on the basis of the historical emissions declared in tonnes of carbon dioxide equivalent, for independently verified emissions which have been carried out before normal operations are carried out.

(4) For the allocation of installations according to § 3 Z 6 lit. b sublit. bb the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, without prejudice to the allocation to the installation pursuant to § 7, calculate the provisional annual number of free of charge according to the provisions of paragraphs 1 and 2 of this Article. Emission certificates specifically for the substantial capacity expansion of the sub-installations concerned.

(5) The total provisional annual quantity of the emission allowances to be allocated free of charge shall be the sum of the provisional annual number of emission allowances to be allocated to all subinstallations, calculated in accordance with paragraph 1, and the additional emission allowances to be allocated to all subinstallations. Emission allowances in accordance with paragraph 3. Section 7 (10) shall apply.

(6) The total annual quantity of the emission allowances to be allocated for free shall be equal to the provisional annual total quantity of the emission allowances to be allocated to each facility, calculated in accordance with paragraph 5, multiplied by the amount of emission allowances to be allocated in Annex 8 of the ECG 2011 for the relevant year, the reference quantity being based on a total provisional annual quantity calculated for the year 2013 for the installation in question.

Substantial capacity reduction

§ 17. (1) If the capacity of an installation has been substantially reduced after 30 June 2011, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall determine the quantity to which the number of allowances allocated for free shall be allocated. must be reduced accordingly. To this end, the holder of the installation has the reduced capacity and installed capacity after a substantial reduction in capacity, which has been verified by an independent testing facility with satisfactory results. shall be notified in good time after the substantial reduction in capacity in question. For the purpose of evaluating subsequent significant changes in capacity, this installed capacity of the sub-installation shall be taken into account after the significant reduction in capacity as the initial installed capacity of the sub-installation.

(2) The Federal Minister of Agriculture, Forestry, the Environment and Water Management shall determine the activity rates for plants whose capacity has been substantially reduced after 30 June 2011 in application of the provisions of Section 15 (1) only for the the reduced capacity of the sub-system to which the substantial reduction in capacity relates.

(3) The provisional annual number of emission allowances allocated to each sub-system for free shall be the provisional annual number of emission allowances to be allocated to the sub-installation in question, calculated in accordance with Article 16 (1) and (2), that corresponds to the substantial reduction in capacity.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall then determine the provisional basis of the method used to determine the provisional annual total quantity before the substantial reduction in capacity. the total annual quantity for the installation in question and the total annual quantity of emission allowances to be allocated to the installation concerned in accordance with Article 7 (12) or (13).

(5) The allocation to the facility shall be corrected from the year following the year of capacity reduction, or from 2013, if the substantial capacity reduction before the 1. Jänner 2013.

Significant decreases in activity rate

§ 18. (1) A substantial reduction in the activity councils for an installation shall be provided if a sub-installation which has at least 30% of the emission allowances allocated to the installation for free of charge each year, or for which more than 50 000 emission allowances are granted , their activity rate in a calendar year compared to the activity rate used for the calculation of the allocation to the sub-installation pursuant to § 6 or, where applicable, § 15 (initial activity rate), by at least 50% reduced.

(2) The allocation of emission allowances to an installation which has substantially reduced its activity rate shall be from the year following the year in which the significant reduction in the activity rate has taken place, or from 2013 onwards, if the essential Reduction of activity rate before 1. Jänner 2013 has been corrected as follows:

1.

If the activity rate of the sub-installation according to paragraph 1 is reduced by 50% to 75% compared with the initial activity rate, the installation for the sub-installation concerned shall receive only half of the emission allowances initially allocated.

2.

If the activity rate of the sub-installation according to paragraph 1 is reduced by 75% to 90% compared with the initial activity rate, the installation shall receive only 25% of the initially allocated emission allowances for the sub-installation concerned.

3.

If the activity rate of the sub-installation as referred to in paragraph 1 is reduced by 90% or more in relation to the initial activity rate, no emission allowances shall be allocated free of charge to the installation for the sub-installation concerned.

(3) The sub-system referred to in paragraph 1 shall have an activity rate of more than 50% of the initial activity rate, the plant shall receive from the year following the calendar year in which the activity rate of the sub-installation according to para. 1 shall be the threshold of 50%. , the emission allowances initially allocated to the sub-installation concerned.

(4) The sub-system referred to in paragraph 1 shall have an activity rate of more than 25% of the initial activity rate, and the installation shall be obtained from the year following the calendar year in which the activity rate of the sub-system referred to in paragraph 1 is the threshold of 25%. , half of the emission allowances initially allocated to the sub-installation concerned.

Berlakovich