Emission Certificate Act 2011 - Ezg 2011

Original Language Title: Emissionszertifikategesetz 2011 – EZG 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997894/emissionszertifikategesetz-2011--ezg-2011.html

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118. Federal law establishing a scheme for greenhouse gas emission allowance trading (emission certificate Act 2011 - EZG 2011)

The National Council has decided:

1 section

General terms and conditions



Target



§ 1. This federal law is the creation of a system for greenhouse gas emission allowance trading to reduce greenhouse gas emissions in a cost-effective and economically efficient way.



Scope



2. (1) this Federal Act shall apply



1. for installations where in annex 1, Appendix 3, or in a regulation referred to in paragraph 4 activities referred to carried out in annex 1, Appendix 3, or in a regulation pursuant to paragraph 4 of this activity specified greenhouse gases emitted in which, as well as 2 for aviation activities listed in annex 2, which will be carried by aircraft operators as far as a) she have one in Austria issued a valid operating licence in accordance with Regulation (EC) No. 1008 / 2008 on common rules for the operation of air transport services in the community, OJ No. L have 293 S. 3, or b) Austria for the aircraft operator in accordance with the by the European Commission on the basis of data provided by Eurocontrol information in the base year the highest estimate of emissions from aviation activities pursuant to annex 2 has.

(2) the Federal Minister for agriculture and forestry, environment and water management has under par. 1 No. 2 of this federal law covered aircraft operators in a list that is to publish on the website of the Federal Ministry to record. As the base year within the meaning of paragraph 1 subpara 2 lit. b is valid for the year 2006. For operators who take up their activities after January 1, 2006, the first calendar year of activity, base year.

(3) Annex 1 applies to the trading period 2005-2007 and 2008-2012, annex 3 shall apply from the trading period 2013 to 2020.

(4) the Federal Minister for agriculture and forestry, environment and water management has provided this on the basis of amendments to 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 p. 32, as last amended by Directive 2009/29/EC, OJ No L 140 p. 63, is required, annex 1 and annex with regulation in the agreement with the Federal Minister of economy, family and youth within the scope of this federal law to include 3 additional activities and greenhouse gases. The Federal Minister for agriculture and forestry, environment and water management can include 3 additional activities and greenhouse gases family and youth of annex 1 and annex, taking into consideration on the legal situation in the Member States of the European Union in consultation with the Federal Minister for Economic Affairs, in the scope of this federal law.

(5) the Federal Ministry of agriculture and forestry, environment and water management can include more installations covered under annex 1 or annex 3 at the request of a holder of a system within the scope of this federal law. A dismissal of the application has by decision to be made.

(6) plants or plant parts, for the regulation in accordance with article 17, paragraph 1, or in a notification pursuant to § 17 para 4, 24 an allocation of emission allowances has been in para 4 and 5 or 25 paragraph 5, remain for the current period, in which the allocation is done within the scope of this federal law even if the threshold value for the activity provided for in annex 1 or 3 If drops during the trading period.

(7) plants or plant parts, if and insofar as they are used for purposes of research, development, testing, and testing new products and procedures, do not fall under this federal law.

(8) combustion plants, which use fossil fuels in accordance with the legal system permit only as supporting combustion (start-up and shut-down burner), fall in the period 2008 to 2012 only under this federal law, if they are operated in conjunction with fossil-fired boilers. Plants using exclusively biomass, fall in the trading period starting in 2013 not under this federal law.

(9) at the request of the holder of a plant or an aircraft operator has the Federal Minister for agriculture and forestry, environment and water management of eight weeks with notice to determine whether and to what extent this facility and this aviation activity is subject to the Federal law.

Definitions

§ 3. The purposes of this law:



1. "Emission certificate" means the certificate entitling to emit one tonne of carbon dioxide equivalent in a certain period;

2. "Emissions" from the release of greenhouse gases into the atmosphere a) sources in a facility, or b) an aircraft that performs an activity pursuant to annex 2;

3. "Greenhouse gases" gases carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrobromofluorocarbons hydrofluorocarbons (HFCs), perfluorocarbons (P PFC), sulfur hexafluoride (SF6) and other natural or anthropogenic gaseous constituents of the atmosphere, which absorb infrared radiation and return;

4. "Plant" a stationary technical unit where in annex 1, Appendix 3, or in a regulation pursuant to article 2 paragraph 4 called and other activities directly related performed, which are available with the activities carried out on that site in a technical context and the effect on emissions and pollution; have

5. "Existing plant" means a plant where in annex 3 or a regulation in accordance with § 2 para 4 activities referred to are carried, a) was given before June 30, 2011 a permit to emit greenhouse gases in accordance with section 4 or b) which is on June 30, 2011, already in operation and in possession of all relevant system permits, and aa) which has fulfilled all other requirements on June 30, 2011 , that would have been required for issuing a permit under section 4, or bb) for which a request for approval in accordance with § 4; introduced no later than December 31, 2011

6 "new market entrants" a) for the period 2008 to 2012 a plant in in annex 1 or in a regulation pursuant to § 2 para 4 activities referred to performed and for which according to § 17 para 1 date referred a facility permit or extension request was, as well as a plant for which in article 17, paragraph 1 before date referred a facility permit or extension request has been , which was not considered according to § 17 para 1 in the allocation regulation

b) from the trading period 2013 to 2020 aa) a plant called activities performed in or in a regulation pursuant to article 2 paragraph 4 in annex 3 or in accordance with § 2 paragraph 5 within the scope of this federal law was included, which for the first time after 30 June 2011 has been granted a permit to emit greenhouse gases and which is no inventory system; or bb) a plant called activities are carried in the annex 3 or a regulation referred to in article 2, paragraph 4, after June 30, 2011 significant enhancements on the have been made, but only with respect to the extensions.

7 "tonne of carbon dioxide equivalent" means a ton of carbon dioxide (CO2) or an amount of other greenhouse gas according to no. 3 with an equivalent global warming potential;

8. "Emission reduction unit (ERU)" a according to article 6 of the Protocol of Kyoto to the framework Convention of the United Nations on climate change (hereinafter: Kyoto Protocol), BGBl. III No 89/2005, and in the context of the framework Convention of the United Nations on climate change, Federal Law Gazette No. 414/1994, or the Kyoto Protocol decisions issued unit;

9 "certified emission reduction (CER)" a unit issued according to article 12 of the Kyoto Protocol and the decisions adopted in the context of the framework Convention of the United Nations on climate change or the Kyoto Protocol;

10 "Aircraft operators" the person to § 13 of the Aviation Act, Federal Law Gazette No. 253/1957, in its current version, the air vehicle operator is in accordance with the time, which performed an aviation activity listed in annex 2, or, if the identity of that person is unknown or by the aircraft owner is unspecified, the owner of the aircraft;

11 "commercial aircraft operators" the aircraft operator that provides line or non-air traffic services for a fee to the public, where he transported passengers, cargo or mail;

12 "allocation of emission certificates" the booking of emission certificates on a register account of a facility owner or aircraft operator;

13 "Generator" is a system, which on January 1, 2005 or later has produced electricity for sale to third parties, and no other activities listed in annex 3 as the "burning of fuels" are carried out in the.

2. section

Permits for installations

Permits for the emission of greenhouse gases


§ 4 (1) plants, which in annex 1, Appendix 3, or activities called a regulation in accordance with § 2 para 4 carried out in annex 1, Appendix 3, or in a regulation pursuant to § 2 para 4 for these activities will be be issued where specified greenhouse gases and equipment, which are included in accordance with § 2 paragraph 5 within the scope of this federal law may only be used from 1 January 2005 , if the competent authority (paragraph 49), a permit was granted according to the following provisions.

(2) the permission is to grant, emission report, if the owner of the plant proves that he is able to monitor the emissions of greenhouse gases from the plant in accordance with article 7 and in pursuant to section 9. A permit may refer to one or more facilities operated by the same holder in the same site.

(3) permits to emit greenhouse gases shall contain in particular the following information and conditions:



1. name and address of the holder, 2. Description of the activities and emissions from the installation, 3. a monitoring concept, which meets the requirements referred to in § 7, 4. where necessary, requirements for reporting and 5. a commitment to the distribution of emission allowances pursuant to § 32 para 1 equal to the total emissions of the installation for each calendar year within four months tested in accordance with § 10 after expiration of the respective calendar year.

(4) section Z 5 apply 1 and 3 installations according to § 3 Z 5 lit. (b) from 1 January 2013.

(5) an appeal against the permit notification shall be brought within eight weeks. The permit and the permit are by the authority immediately after the occurrence of the force of law in electronic form to the Federal Ministry of agriculture and forestry, to provide environmental and water management. Without prejudice of article 68 of the General administrative procedures Act 1991 (AVG), BGBl. No. 51, in its up-to-date version, a permit of the Federal Ministry of agriculture and forestry, environment and water management as upcoming objectively considering authority within six weeks of receipt can be amended or repealed, if



1. the facts underlying the decision was incorrectly determined largely or accepted contrary to the Act or 2. If the contents of the decision is unlawful.

(6) the authorisation to emit greenhouse gases affect not the validity of investment regulations and permits, in particular mandatory emission limit values for other, not listed in annex 1, Appendix 3 or in air pollutants known as a regulation in accordance with § 2 para 4, except in the cases of § 46.

(7) the permit to the emission of greenhouse gases is to withdraw, with notice if



1 the system permit during an allocation period in accordance with § 15 para 1 or 20 expires 2. shut down the system, where the 2008 to 2012 an emission decrease of more than 89% set-aside for the trading period, 3. an investment, an allocation of emission allowances is done in a communication pursuant to §§ 17, par. 3 and 4, 24 ABS. 4 and 5 or 25 paragraph 5 , is taken despite valid permit notification not in operation.

In the 2008 to 2012 trading period, the Federal Minister for agriculture and forestry on request of the holder of the investment decision can determine that a plant is not shut down, if the owner can demonstrate that the reduction in emissions on climate change mitigation, as the transition on biomass, a temporary loss of production, inter alia through renewal or technical renovation, or on the major shift of production to other plants of the same holder attributable to be.

(8) the authority shall every five years to review the permit to the emission of greenhouse gases and make changes if necessary. The initial review is making, if not article 6 par. 2 or 3 to the application systems, whose approval pursuant to article 4 or whose last modified approval in accordance with § 6 prior to 1 January 2009 is done, until 31 December 2013. In all other systems, the review is five years at the latest after the approval or modification of approval making. If the review leads to a change in the permit, paragraph 5 is to apply mutatis mutandis.

Approval procedures

Applications for the granting of permits to emit greenhouse gases have to include § 5 (1) at least the following information:



1 name of the system and the activities carried out there and used technologies, 2. raw materials and auxiliary materials, the use of which is connected with listed greenhouse gases, probably with emissions in annex 1, Appendix 3, or in a regulation pursuant to § 2 para 4 3 sources of emissions of greenhouse gases listed in annex 1 or 3 of the plant, as well as 4. proposed measures for monitoring and reporting on emissions in accordance with paragraphs 7 and 9, as well as a justification for these measures.

(2) the owner of the plant for the technical-operational matters relating to the enforcement of this federal law of an agent, uses the authority is designated to make.

(3) the request is one comprehensive summary of the information mentioned in paragraph 1 to be attached to a maximum of five pages.

(4) applications are to install by using an electronic form, which is to publish environmental and water management on the website of the Federal Ministry of agriculture and forestry.

(5) the authority shall not later than five months from the filing of the application or, if the presented documents Z 1 to 4 contain not the particulars of para 1 to choose from the complete application documents are available. Successful despite a timely request for an inventory system in accordance with § 3 Z 5 lit. b until 31 December 2012 no decision, can the facility until further operated to the approval under application of the monitoring measures laid down in the application.

(6) the authorisation to the emission of greenhouse gases or equipment changes according to § 6 can be requested together with the required by the relevant regulations plant legal approval for the construction or the operation of the plant. The authority for this system permit has the procedure for the granting of permits for the emission of greenhouse gases in accordance with this federal law in this case together with the legal system permitting procedure making.

Changes of the permit notification

§ 6 (1) the owner of a plant approved in accordance with section 4 of the authority has all planned significant changes the art or operation of the plant, viewing in particular changes of the capacity, or the measures to control the emissions of the installation, as well as an extension of the plant under settlement any required documents, may require an amendment of the approval to the emission of greenhouse gases. In this case, the authority has to take this message and, if necessary, to modify the permit accordingly. A change in the person of the holder is to display.

(2) in the case of a change in the rules for monitoring and reporting in accordance with paragraphs 7 and 9, the plant owner has to adapt the information pursuant to § 5 para 1 No. 4 on the new rules anyway, and to submit to the authority within four months of the entry into force of the amendment of the rules for the approval.

(3) the notification referred to in paragraph 2 does not timely, is the competent authority in accordance with paragraph 49 has to prescribe the necessary changes of the surveillance approach by decision.

(4) § 4 paragraph 5 is to apply mutatis mutandis.

3. section

Verification of greenhouse gas emissions

Monitoring of greenhouse gas emissions from plants

§ 7. Each owner of a plant approved in accordance with § 4 has the emissions of greenhouse gases in accordance with the provisions of this Federal Act, in particular of annex 4, of the implementing regulations, the guidelines of the European Commission in accordance with article 14 of Directive 2003/87/EC in the version 2008/101/EC, OJ No. L 8 p. 3, insofar as they are directly applicable, or a regulation of the European Commission in accordance with article 14 of Directive 2003/87/EC in the version 2009/29/EC, OJ No. monitor L 140 p. 63, as well as the respective permit.

Monitoring of greenhouse gas emissions and tonne-kilometres from aviation activities

8. (1) each aircraft operator has the emissions of greenhouse gases which are expelled from 1 January 2010 the air vehicle operated by him in accordance with the provisions of this Federal Act, in particular of annex 5, the guidelines of the European Commission in accordance with article 14 of Directive 2003/87/EC in the version 2008/101/EC, OJ No. L 8 p. 3, insofar as they are directly applicable, or a regulation of the European Commission in accordance with article 14 of Directive 2003/87/EC in the version 2009/29/EC, OJ No. monitor L 140 p. 63, as well as the respective approved monitoring concept.


(2) each aircraft operator has the Federal Ministry of agriculture and forestry, to submit a monitoring concept in German or English language environment and water management, in which measures for the monitoring and reporting of emissions and for the purpose of an application paragraph 1 with regard to the tonne-kilometre data included according to § 30 par. 1 or 31. Aircraft operator, going on the air traffic activity after August 31, 2009, have the Federal Ministry of agriculture and forestry, to present the concept of monitoring environmental and water management until February 28 of the year following the year of the commencement of activities. This concept is by the Federal Ministry of agriculture and forestry, to examine environmental and water management, and, if it complies with the requirements referred to in paragraph 1, by a decision to approve.

Emission reports

§ 9 (1) every owner of a plant approved in accordance with article 4 shall the Federal Ministry of agriculture and forestry, up to March 31 of the following year electronically send the emission message for this attachment for each calendar year environmental and water management. Each aircraft operator has the Federal Ministry of agriculture and forestry, to submit the emission message for the aviation activities they carry out environmental and water management electronically pursuant to annex 2 for each calendar year up to March 31 of the following year. You are 2003/87/EC in annex 4 and 5 laid down principles, the provisions of the regulation referred to in paragraph 3, the guidelines in accordance with article 14 of the directive in the version 2008/101/EC, OJ No. L 8 p. 3 or a regulation of the European Commission in accordance with article 14 of Directive 2003/87/EC in the version 2009/29/EC, OJ No. L to be applied to 140 S. 63. Messages from aircraft operators can be submitted in English. The messages are electronically in one of the Federal Ministry of agriculture and forestry, to set digital format to deliver environmental and water management. The forms are to publish on the Internet page of the Ministry.

(2) is closed (§ 27) in the course of a calendar year in a plant or an activity set 2 annex, so the issue referred to in paragraph 1 for the period up to the closure shall be reported.

(3) the Federal Minister for agriculture and forestry, environment and water management has further provisions for the indication on the basis of the principles set out in annex 4 and in accordance with the regulation in accordance with article 14 of Directive 2003/87/EC in the version 2008/101/EC, OJ No. L 8 p. 3 the European Commission adopted guidelines to set.

(4) a facility owner or operators be refunded any notification referred to in paragraph 1, the Federal Minister of agriculture and forestry has to undertake a review of the system or of the aircraft operator on the basis of available evidence with regard to greenhouse gas emissions, to report that the system owner or aircraft operators under this Federal Act is required, environment and water management. He can use the Federal Environmental Agency to do so. Greenhouse gas emissions for the calendar year for which the message was not refunded, are on the basis of this review of the Federal Ministry of agriculture and forestry, to set environmental and water management decision. The cost of the review are to require the owner or the aircraft operator with notice.

(5) the emission reports are the Federal Environmental Agency by the Federal Ministry of agriculture and forestry, to provide environmental and water management in electronic form where I no. 152/1998, in its up-to-date version, required Z 15 of the environmental control Act, Federal Law Gazette to the fulfilment of the obligation according to § 6 section 2.

Testing

§ 10 (1) every owner of a plant approved in accordance with article 4 is required to present a certificate of an independent inspection body in accordance with sections 11 or 14 on the carried out audit of emissions together with the message in accordance with § 9. The authorization referred to in section 4 and any changes of the authorization referred to in article 6 are to be used in the examination.

(2) each aircraft operator is required to submit a certificate of an independent inspection body in accordance with section 14 on the carried out audit of emissions, as well as for purposes of an application under section 30 or section 31 together with the message in accordance with § 9 a certificate of an independent inspection body pursuant to § 14 of the carried out verification of tonne-kilometre data. When assessing this is approved monitoring concept to be used pursuant to § 8 para 2.

(3) when assessing the principles laid down in annex 6 and 7 and which are in a decree of the Federal Minister for agriculture and forestry, environment and water management provisions relating to the application of these principles and any implementing provisions, the Commission in accordance with article 15 of Directive 2003/87/EC in the version 2008/101/EC, OJ No. L 8 page 3 has adopted, or the provisions of a regulation of the European Commission in accordance with article 15 of Directive 2003/87/EC in the version 2009/29/EC, OJ No. maintain L 140, p. 63.

(4) any holder of plant has the Federal Minister for agriculture and forestry, to teach environmental and water before beginning the trading period and when changing the inspection body referred to in sections 11 or 14, which independent inspection body has been appointed to audit the message. Each aircraft operator has the Federal Minister for agriculture and forestry, environment and water before beginning a period referred to in section 28, to teach which independent inspection body has been appointed to audit the message for the first time but until October 30, 2010, and when changing the testing device in accordance with § 14. The Federal Minister for agriculture and forestry, environment and water management can apply the holder or the aircraft operator with notice, to choose another testing facility, if there are justified doubts as to the independence of the institution by the system owner or the aircraft operator such as stitch sample checks.

(5) the Federal Ministry of agriculture and forestry, environment and water management has to recognize the emission message in accordance with § 9 than sufficiently tested, if a corresponding confirmation of an independent inspection body in accordance with sections 11 or 14 in and no reasonable doubt that the authority insist that correct information was given to the overall emissions. Doubts within two weeks can be dispelled, can a special review of the emission message, of the inspection report and the underlying documents of the system or of the aircraft operator in terms of greenhouse gas emissions carry and on the basis of this review the emissions the emissions were reported by greenhouse gases of the plant or the aviation activities carried out by the aircraft operator for the calendar year for which the Federal Minister for agriculture and forestry, environment and water management , set by decision. He can use this verification the Federal Environmental Agency. The cost of the review are to wear, if the audit reveals that the message of the facility owner or of the aircraft operator was incorrect by the system owner or by the aircraft operators.

(6) a facility owner or operators, whose emission message up to 31 March each year in relation to the previous year by the independent inspection body referred to in annex 6 or 7 and a regulation in accordance with para 1 as well as any implementing rules adopted by the Commission in accordance with article 15 of Directive 2003/87/EC as dissatisfied providing rated or by the Federal Ministry of agriculture and forestry , Environment and water management, by 30 April each year in accordance with paragraph 5 not as sufficiently recognized is not entitled to transfer allowances until a message of this owner or aircraft operator is satisfied was rated satisfactory. After 31 March every year, the Registrar may only perform transfers of emission allowances if a positive test report and no proceedings as a result of a reasonable doubt in accordance with paragraph 5.

(7) any plant owners and each aircraft operator has at the request of the Federal Minister for agriculture and forestry, to provide more information about the available environmental and water management, which are claimed, in a review of national greenhouse gas inventory in accordance with the relevant decisions of the Conference of parties of the framework Convention of the United Nations on climate change by an international review team to ensure the consistency of reports with the national greenhouse gas inventory. This information should be treated under the confidentiality interests of the facility owner and the aircraft operator.

Independent testing facilities for equipment for the 2008 to 2012 trading period


§ 11 (1) independent testing facilities are subject to approval by the Federal Minister of agriculture and forestry, environment and water management. Prerequisite for admission is proof of the required expertise. This evidence includes the theoretical knowledge and the experience that the applicant has. The Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy has the detailed requirements for proof of expertise set family and youth with regulation. On applications for approval, is to decide within eight weeks.

(2) for the certification of independent testing facilities, experts, and Einzelprüfern of these, following fees are payable:



1. for the admission as independent test facility 1 000 euro, 2 for the approval as senior auditor as expert for analysis, as an expert for Datenaudit and as an expert for process engineering 500 euros each, 3 for the admission as Einzelprüfer 1 200 euros.

For approved environmental verifier organisations and individual experts in accordance with the environmental management Act, Federal Law Gazette I no. 96/2001, amended, for organizations that are clean are approved development mechanism as independent testing facilities for joint implementation under article 6 of the Kyoto Protocol or for the pursuant to article 12 of the Kyoto Protocol, as well as organizations, through accreditation in accordance with the accreditation Act, Federal Law Gazette No. 468/1992, in the amended , or Federal Law Gazette I no. 58/1999, in the current version, or a corresponding foreign accreditation or approval have approval according to the business trust professional Act, is the fee for the registration as independent test facility 500 euros, as Einzelprüfer 700 euros.

(3) for the implementation of the supervision of independent testing facilities and Einzelprüfer are these fees payable by, which the Federal Ministry of agriculture and forestry, to set environmental and water management in consultation with the Federal Minister of Finance according to the administrative burden in lump sums with regulation are.

Withdrawal of approval

Section 12 (1) is the registration as independent test facility or Einzelprüfer by the Federal Ministry of agriculture and forestry, to revoke environmental and water management decision, if



1 subsequently dropped the conditions for authorisation in accordance with the regulation referred to in article 11, paragraph 1 or 2 admission was surreptitiously by untrue information or false or falsified documents in the approval template or 3 the request violated the test facility or the Einzelprüfer, that they any commercial, financial or other pressure subject to, which could affect their judgment or the confidence in their independence and integrity in their work as independent test facility in question , or 4. the test facility or the Einzelprüfer in the course of their activities in accordance with § 10 intentionally or through gross negligence against the requirements laid down in the guidelines of the European Commission in accordance with article 15 paragraph 1 of Directive 2003/87/EC in the version 2008/101/EC, OJ No. L have breached 8 p. 3, annex 3 and the regulation in accordance with article 11, paragraph 1.

(2) the approval of an independent inspection body is depending on the nature of the breach by the Federal Ministry of agriculture and forestry, to limit environmental and water management decision with regard to a member of the testing device or to suspend or revoke, if



1 in the proof of expertise made untrue information, or false or falsified documents used or 2 the Member has violated the requirement laid down in paragraph 1 Z 3.

Supervisory

Section 13 (1) the Federal Minister for agriculture and forestry, environment and water management has to check whether the conditions for authorisation in accordance with article 11, paragraph 1 continue to exist officio once in each period referred to in article 15, paragraph 1. The supervisory authority has to refer in particular to the proper conduct of the examination pursuant to § 10 par. 3. Exists reasonable suspicion of a violation of the principles laid down in annex 6 and in a regulation referred to in article 11, paragraph 1 contained provisions on the application of the principles, the Admissions Office has immediately officio to undertake a review.

(2) the independent testing facility has the Federal Ministry of agriculture and forestry, to provide the information necessary to verify environmental and water management on request and to inform them that might have influence on the registration or the scope of the authorisation immediately of all changes. On request, the documents required for the review, in particular the assignment by the owner of the inspected plant and reports to the holder to submit are the admission Board.

Independent testing facilities for aircraft operators, as well as for equipment as of the trading period 2013 to 2020

§ 14 independent testing facilities for emissions from aviation activities and the message for the year emissions 2013 for the testing of emissions from plants require an accreditation in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council on the requirements for accreditation and market surveillance relating to the marketing of products, OJ No. L 218, p. 30. The provisions of a regulation in accordance with article 15 of Directive 2003/87/EC shall apply for the accreditation and supervision of independent testing facilities.

4 section

Assignment and allocation of emission certificates for investment in the trading period 2008-2012

National allocation plan as a basis for decision making (programming document)

Section 15 (1) the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy, family and youth and the Federal Minister of finance in an objective and transparent manner for the period 2008 to 2012 as a decision basis for the allocation in accordance with section 17 a national plan has to design, from which the total quantity of emission allowances for the trading period, the ratio of that total emissions of all other sectors and the allocation of emission allowances to the owner based on the Systems, in which an activity pursuant to annex 1 or a regulation in accordance with § 2 para 4 is exercised or related in accordance with § 2 paragraph 5 within the scope of this federal law, as well as stating the percentage of emission allowances, which are earmarked for an auction. With the establishment of the allocation plan you are in § 17 paragraph 2 apply set criteria accordingly.

(2) the national allocation plan has a reserve for new entrants in accordance with § 3 No. 6 lit. (a) to include. At least 1% of the total quantity of emission allowances is considered reserve. In the allocation plan at least a date must be provided, where the remaining in the reserve allowances on the market are utilized.

(3) the plan may contain information on as competitive with countries or plants outside the European Union are taken into account.

(4) the national allocation plan has a list of the installations covered by this federal law, specifying the number of emission allowances to contain, which are designed for each installation.

(5) all facilities which no later than March 31, 2006 tabled legal system permit complete application has been shown and their commissioning is expected 2008 to 2012 takes place before the last day of the trading period, are taken into account in the allocation plan for the period 2008 to 2012. In the allocation plan is set, that is the allocation of emission allowances on these plants under the condition, that the assets are actually in operation. Can be determined at a plant for which no later than March 31, 2006 a facility permit application have been submitted emissions arising from the operation of the system with sufficient accuracy, may be waived by the taking into account of this plant in the allocation plan. The emissions are determined in particular then with sufficient accuracy, if the duration of the investment regulatory approval process and therefore the time of the actual operation are not assessable. For the allocation to installations for which no or incomplete or insufficient emission reports are available, including plants, taken during or after the relevant base period in operation, fall, in any case, the following factors are taken into account:



1. the authorized capacity of the plant, 2. average capacity utilization in the industry average, 3. the expected capacity of the plant in the trading period, and 4. the emissions of the installation under the assumption of the application of the State of the art to be expected.


(6) the national allocation plan for the period 2008 to 2012 has to indicate to what extent the project-based mechanisms of the Kyoto Protocol to fulfil the obligations of in Austria should be used under the Kyoto Protocol, and set up to whatever percentage of allocation for equipment or the actual emissions in the cases of § 32 para 2 the plant owners of emission reduction units may use Z 8 and certified emission reductions according to § 3 Z 9 to comply with its obligations in accordance with § 32 according to § 3. The percentage has with the supplementarity obligations of the Republic of Austria, under the Kyoto Protocol and the decisions taken on the basis of the framework Convention of the United Nations on climate change and the Kyoto Protocol, to be in line.

(7) in the course of the establishment of the national allocation plan is a draft of the plan to bring in any case, the owners of the assets involved, as well as the Federal Ministers touched within its sphere. Opportunity to comment within at least six weeks is to give the holders.

(8) draft revised taking into account the comments received in accordance with paragraph 7 of the plan is the public, the authorities referred to in paragraph 7, as well as the representation of interests of owners in establishing a six-week period of opinion. Revised, taking into account the comments received, the plan is to publish after conducting these consultations, to notify the European Commission, as well as to provide the other Member States.

Data basis for the national allocation plan for the period 2008 to 2012

§ 16. In the creation of the national allocation plan for the period 2008 to 2012, the Federal Minister of agriculture and forestry has to take into account environmental and water emissions of the installations referred to in annex 1 or § 2 paragraph 5 in the years 2002 to 2005 reported by the owners and approved by the Federal Minister of agriculture and forestry, environment and water management on plausibility. If such messages are not available, the Federal Minister for agriculture and forestry, environment and water management has to carry the message with notice the plant holder. If the base period 2002 to 2005 for the plant is not representative, a different base period can be used in justified cases by individual years from this period are not included. Without prejudice to article 9 is a message not in accordance with § 10 tested the emissions for the year 2005 until February 15, 2006 to submit the Federal Ministry of agriculture and forestry, environment and water management.

Allocation of emission allowances allocation regulation and allocation decisions

Section 17 (1) for the 2008 to 2012 trading period has the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy, family and youth six months before the beginning of the period



1. the total number of emission allowances, which will be allocated for the relevant period, 2 the reserve and the date for the recovery of the remaining emission certificates (para. 4), 3. the percentage of the allocation to the plant owners may use certified emission reductions and emission reduction units to fulfil their obligation in accordance with article 32, and 4. the allocation of emission allowances to each installation with allocation regulation to set. The issue of the allocation regulation are all systems, no later than 21 months before the beginning of the following period, that is for the period 2008 to 2012 of March 31, 2006, demonstrably have introduced legal system permit complete application, whose commissioning is expected to be before the last day of the trading period and whose emissions are determined, to consider using sufficient accuracy. The allocation regulation is set, that is the allocation of emission allowances on these plants under the condition, that the assets are actually in operation. Can be determined at a plant, a facility permit application has been for the 21 months before the start of the following trading period, emissions from the operation of the system not with sufficient accuracy, may be waived by the consideration of this plant in the allocation regulation. The emissions are determined in particular then with sufficient accuracy, if the duration of the investment regulatory approval process and therefore the time of the actual operation are not assessable. For the allocation to installations for which no or incomplete or insufficient emission reports are available, in particular plants, taken during or after the relevant base period in operation, are in any case following factors to consider: a) the licensed capacity of the plant;

(b) the average capacity utilization in the industry average;

(c) the expected capacity of the plant in the trading period; and d) the expected emissions from the installation under the assumption of the application of the State of the art.

(2) an allocation regulation referred to in paragraph 1 has under consideration of section 16, to correspond to the determination results in the procedure for the establishment of the national allocation plan and the criteria the following requirements and developments in the context of European integration to achieve climate policy objectives:



1. the quantities of emission allowances are allocated must be also the technical potential, of activities covered by this federal law pursuant to annex 1 to reduce emissions in line with the potential. The allocation has the expected values of the trend of production, energy intensity and carbon dioxide intensity of activity (business as usual) be taken into account. This average specific greenhouse gas emissions of the fuel, energy efficiency and progress reach in these sectors should be based in the allocation of emission allowances. In the framework of the exchange of information pursuant to article 17 paragraph 2 of Directive 2008/1/EC on the integrated prevention and control of environmental pollution, OJ No. L 24, p. 8, as amended by Directive 2009/31/EC, OJ No. L 140 pp. 114 created BAT reference documents (BREFs) resulting reference values or, if the relevant activity no such documents exist, other objective and transparent benchmarks to be used. The allocation has to take account of that process-related emissions not in same scale are influenced as energy-related emissions. Therefore, a different calculation method for the allocation is to apply as for energy-related emissions for process-related emissions. Emissions of greenhouse gases, caused by the implementation of voluntary environmental protection measures, are to be treated as process-related emissions.

2. the allocation has to take into account the climate policy importance of efficient combined heat and power and more efficient district heating production and whose expansion provided in climate policy. In addition, other emission-free or very low-emission technologies, including energy efficient technologies, can be considered.

3. the allocation must be with the other legal and policy instruments of the European Union and Austria in line. A unavoidable as a result of new legal requirements for significant change of emissions should be taken into account.

4. the allocation may companies or sectors in such a way handle differently, that certain undertakings or activities unjustified, especially taking into account the requirements of articles 107 and 108 of the Treaty on the functioning of the European Union (TFEU), are preferred.

5. the quantity of emission allowances allocated to the industry and energy sectors, must be consistent with the national climate change policy. Security of supply with electric power should be taken into account.

6. the quantity of emission allowances that are allocated in the trading period, has the decision of 25 April 2002 on the ratification of the Kyoto Protocol by the community, OJ No. 130/1, p. 1, and contained in the Kyoto Protocol obligation of in Austria to reduce its greenhouse gas emissions in the period 2008 to 2012 compared to 1990 in accordance to be L. The share of total emissions, comply with these emission allowances which in comparison with emissions from sources not covered by this federal law, as well as the national energy and climate policy measures must be considered. The quantity of emission allowances must not be higher than the probable need for strict application of the criteria.

7. the actual and projected progress in the provision of Austria's contribution to the Union's commitments are under decision 93/389/EEC concerning a mechanism for monitoring of carbon dioxide and other greenhouse gases in the community, OJ No. L 167 p. 31, to assess, and it is to ensure that the quantity of emission allowances allocated to each, is consistent with this assessment.

8.

For the determination of the total number are the criteria of the Z 1, 3, 4, 5, 6 and 7, to attract the criteria in Nos. 1, 2, 3 and 4, in the allocation at installation level allocation on activity levels the criteria in Nos. 1 and 2.

(3) the allocation resulting from the allocation regulation on plants has with notice of the Federal Minister for agriculture and forestry, to be environmental and water management.

(4) the allocation regulation has a reserve for new entrants in accordance with § 3 No. 6 lit. (a) to include. At least 1% of the total quantity of emission allowances is considered reserve. If the reserve is not sufficient to cover the allocation to these facilities, the Federal Minister of agriculture and forestry has to buy environmental and water management in accordance with the budgetary resources available in the framework of the respective Federal Finance Law emission allowances and to provide them the plant owners free of charge. An allocation from the reserve is carried out by a decision of the Federal Minister for agriculture and forestry, environment and water management. The request for allocation from the reserve is within six weeks after the legal system permit, at plants that at the time of the announcement of that federal law already have a facility permit, within six weeks after the announcement to make and has information according to para 1 last sentence lit. a, c, and d as well as in accordance with § 5 par. 1 Z 1 and 2, as well as information at the time of the anticipated commissioning to contain. The legal system permit to be attached is the application. The requests for allocation from the reserve are to line after the date of the enactment of the investment licence. The allocation regulation has to provide for more detailed rules on the award of this allowance, taking into account that those new entrants who receive an approval in accordance with sections 4 and 6 at the beginning of the trading period, have a larger demand for emission allowances. Emission allowances are to grant, as long as the reserve has emission certificates from the fixed reserve of 1%. For applications received after December 31, 2010, at the Federal Ministry of agriculture and forestry, environment and water management, a consolidating factor can be applied by maximum 0.5 when calculating the allocation in accordance with the budgetary resources available. The allocation regulation at least a date must be provided, where the remaining emission allowances on the market are utilized. The proceeds are UFG for climate protection measures in accordance with the environmental support act - BGBl. to use no. 185/1993, in the applicable version.

Allocation method

§ 18. In the 2008 to 2012 trading period, at least 90% of the emissions certificates are free to allocate. As far as this is appropriate to the promotion of an efficient market for carbon credits, the Federal Minister for agriculture and forestry, environment and water management from the national allocation plan following 1 January 2008 in force can set an in this plan to be determined percentage of emission certificates being sold. The Federal Minister for agriculture and forestry, environment and water management has the modalities for this auction with regulation to set. The revenues from auctioning accrue to the Federal Government.

Allocation of emission certificates

Section 19 (1) the Federal Minister for agriculture and forestry, environment and water management has up to February 28th each year beginning in 2005, posting a portion of the total quantity of emission allowances accounted for by each facility, for an approval pursuant to section 4 is upright in the register to have. The number of annual emission allowances is set for the period 2008 to 2012 in the regulation and the decisions in accordance with article 17, paragraph 3 and 4. The total number of emission allowances that a system owner receives for the trading period, is to divide, as it corresponds to the years of the period in which the operating system is in principle into as many equal parts.

(2) If after the lifting of an allocation decision by a Court of Justice of under public law enacting a new notice before the next deadline for the booking of emission allowances on the account of the holder of the plant can be made, is to carry out the booking also without final allocation decision. Any missing emission allowances can be booked after enactment of the new allocation decision on the account for the plant, any surplus shall be returned by the unit holder after issuing of the new allocation decision.

(3) the change of the owner is the Federal Minister for agriculture and forestry, to display environmental and water management.

(4) holders assigned to the emission certificates of systems as the approval referred to in §§ 4 or 6 is upright. No free emissions certificates are awarded for disused plants pursuant to § 4 paragraph 7. The Federal Minister for agriculture and forestry, environment and water management adjusts the allocation of emission allowances from the year following the year of the closure. Allowances which are no longer awarded due to the closure of a plant in accordance with article 4, paragraph 7, should be collected separately the reserve pursuant to § 17 para 4. Emission certificates purchased on the account of the installation before the Minister becomes aware of the system for agriculture and forestry, environment and water management by the closure are to return by the plant owner. The owner of a plant which is valid in accordance with § 4 paragraph 7 as quiesced, may apply for derogation, that the for the installation for the other years of the period 2008 to 2012 pursuant to § 17 para 1 No. 4 emission allowances allocated to a new entrant in accordance with § 3 No. 6 lit. a of the same holder maximum can be transferred to the extent of the corresponding plant capacity, simultaneously without the allocation of emission allowances from the reserve. On an appropriate application for transfer is the Federal Minister for agriculture and forestry, to discuss environmental and water management decision. In the case of approval, an allocation from the reserve for the new plant is to exclude. If the facility owner can prove that the disused plant is replaced by a new plant of the same holder, no or no significant emissions of greenhouse gases caused and no approval pursuant to article 4 needed, as can the Federal Minister for agriculture and forestry, environment and water management decision recognizing that the emission allowances allocated to continue to be assigned to the plant owner for the other years of the period.

(5) the owner of equipment pursuant to § 17 para 1 in the allocation regulation were considered, or have received an allocation from the reserve pursuant to § 17 para 4, are obliged to report the actual commissioning of the system the Federal Ministry of agriculture and forestry, environment and water management. By way of derogation from paragraph 1 the booking of emission certificates within four weeks after the receipt of this message to make. If the system is not in the year prior to or during the allocation period in operation, they had given in to the Federal Minister for agriculture and forestry, environment and water management in the allocation process, the emission certificates that were allocated for the year or the years before actual operation, transferred to the reserve pursuant to § 17 para 4.

5. section

Assignment and allocation of emission certificates on equipment for trading period starting in 2013

Trading periods

§ 20. From the year 2013 trading periods span for systems in which carried out activities in accordance with annex 3, each eight-year periods. The period that begins on January 1, 2013, will end on 31 December 2020.

Auctioning of emission allowances

§ 21. From all certificates are the trading period from 2013 to 2020, not in accordance with the provisions of this Federal Act and the regulations to free allocated and assigned to the Republic of Austria in accordance with article 10 paragraph 2 of Directive 2003/87/EC to the auction, the Federal Minister for agriculture and forestry, environment and water management in accordance with the Regulation (EU) No. 1031 / 2010 of the Commission about the temporal and administrative procedure, as well as other aspects of the auctioning of greenhouse gas emission allowance trading in accordance with Directive 2003 /. 87/EC, OJ No. L 302 S. 1, to auction. The auction takes place via a in accordance with Chapter VII of Regulation (EU) No. of 1031/2010 ordered auction platform. In accordance with article 22 of the Regulation (EU) no 1031/2010 has the Federal Minister for agriculture and forestry, to appoint a suitable place as auctioneer environmental and water management in consultation with the Federal Minister of finance. The revenues from auctioning accrue to the Federal Government.

Principles for the transitional free allocation of emission allowances

Section 22 (1) from the period from 2013 to 2020 is the allocation of free emission allowances to plants approved in accordance with article 4 in accordance with sections 23 to 25.

(2) no entitlement to free allocation for



1 covered by this federal law systems in relation to the electricity production, with the exception of electricity produced from residual gases, 2.

Power generators as well as installations for the capture of carbon dioxide, pipelines for the transport of carbon dioxide or carbon dioxide storage sites.

(3) by way of derogation from paragraph 2 Z 2 are for cogeneration within the meaning of Directive 2004/8/EC on the promotion of a thermal cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC, OJ No. L 52 p. 50, as amended by Regulation (EC) No. 219/2009, OJ No. L 87 p. 109, emission certificates in heating and cooling allocated free of charge.

Regulation on the transitional free allocation of emission allowances

section 23. Has in consultation with the Federal Minister of economy, family and youth, taking into account the decision of (EU) the Federal Minister for agriculture and forestry, environment and water management to Union further transitional provisions on the harmonisation of the free allocation of emission allowances in accordance with Article 10a of Directive 2003/87/EC, OJ No. 278/2011 on the establishment of No. L approach to rules for the calculation of the free allocation 130 p. 1 Regulation set equipment according to section 22 para 1 and 3. In this regulation are to govern in particular:



1. the reference period, the activity rates are decisive for the free allocation as well as the determination of those cases is deviated from this period

2. the collection of data that are required for calculating the amount of free allocation, including requirements for these data;

3. the further determination of requirements for the verification of the data by independent testing facilities;

4. product-related reference values of per generated unit, expressed in emission allowances per tonne;

5. a reference value for measurable heat expressed in emission allowances per Terajoule;

6. a reference value for use of fuels, expressed in emission allowances per Terajoule;

7. the determination of those cases, 4 to 6 will be apart for once where an allocation based on reference values according to Z or allocation rules separate where there are, as well as the methods that are used in these cases.

8. the method of calculation of the free allocation amount;

9 to be applied each year on the amount of the allocation percentages for the sectors and sub-sectors for which no significant risk of leakage of emissions of carbon dioxide was found; This percentage is 80% of the amount calculated pursuant to sub-para. 1 to 8 in the year 2013. By the year 2020 the free allocation is up to 30% of this amount to reduce year after year by the same amount;

10. a list of the sectors or subsectors for which a significant risk of the relocation of carbon dioxide emissions was found in accordance with Article 10a paragraph 13 of Directive 2003/87/EC; for plants in such sectors or sub-sectors the provisional free allocation is 100% the amount that has been calculated from Z 1 to 8 by way of derogation from No. 9 in 2013 and in each subsequent year;

11 further provisions of major capacity expansions, substantial capacity reductions and significant reductions in the rate of activity;

12 more detailed regulations for the allocation to new entrants, including calculation methods.

Procedures for the transitional free allocation of emission allowances

Section 24 (1) every owner of a stock system, in accordance with article 22, paragraph 1 and 3 is a free allocation in question, has the Federal Ministry of agriculture and forestry, at the latest to provide eight weeks after entry into force of this federal law by an independent inspection body approved information environment and water management, which are necessary for the calculation of the provisional allotment. The full delivery of this data is considered to apply for free. Holders of stock units pursuant to § 3 No. 5 lit. Apply for free can set a, which are at the time of entry into force of this federal law not yet in operation, even without the submission of audited data.

(2) the Federal Minister for agriculture and forestry, environment and water management has to create a directory within twelve weeks after entry into force of this federal law, in the plants collected all of this federal law, as well as for each investment eligible for free allocation, for which a request referred to in paragraph 1 has been submitted in accordance with the regulation referred to in article 23, provisional quantity invoiced are during the period 2013 to 2020 year free emission allowances to lead. The Federal Minister for agriculture and forestry, environment and water management can use for the implementation of the data collection and calculation of the Federal Environmental Agency. The Federal Minister for agriculture and forestry, environment and water management has to publish the list on the website of the Ministry and to submit to the European Commission. For submission to the European Commission, the directory information is to supplement that are set in the regulation referred to in article 23. There is no legal claim to the allocation from the calculation of the provisional amount of the allocation, the publication and submission to the European Commission.

(3) the Federal Minister for agriculture and forestry, environment and water management has with regulation to provide a cross-sectoral correction factor, unless one is set by the European Commission in accordance with Article 10a paragraph 5 of Directive 2003/87/EC. The cross-sector correction factor is to apply in the calculation of the allocation to installations, except for the allocation to installations referred to in article 22, paragraph 3. When calculating the annual allocation to installations referred to in § 22 para 3 you apply from 2014 in annex 8 factors specified for the respective year.

(4) the Federal Minister for agriculture and forestry, environment and water management has the facilities for which a request referred to in paragraph 1 has been to allocate the calculated free emission allowances by means of decision in accordance with the regulation referred to in article 23, as well as any regulation referred to in paragraph 3.

(5) the Federal Ministry of agriculture and forestry, environment and water management has the amount of free emission allowances allocated in accordance with paragraph 4



1. when substantial capacity reductions in accordance with the regulation referred to in article 23, 2. with significant reductions in the rate of activity in accordance with the regulation referred to in article 23, 3rd at decommissioning in accordance with § 27, 4. changes of the list of sectors and sub-sectors, of which it is assumed that they are exposed a significant risk of carbon dioxide emissions, in accordance with the regulation referred to in article 23, provided that these changes will affect the calculation of the allocation , as well as 5 changes the total of allocation of free certificates in the European emissions trading system by a decision to adjust. Each beginning with the calendar year following the year of an event within the meaning of the Z 1 to 5, to make the adjustment of the allocation.

(6) planned or actual changes in the capacity and operation, as well as significant changes in the rate of activity are plant owner without delay, but no later than 31 December of the year in question to the Federal Minister of agriculture and forestry, environment and water management report.

New entrants

New market participants may request the allocation of free emission allowances in accordance with the principles of section 22 and the regulation in accordance with § 23 at the Federal Ministry of agriculture and forestry, environment and water management section 25 (1).

(2) applications referred to in paragraph 1 No. 6 are lit at the latest within one year after recording of the normal operation of the plant or plants referred to in article 3. b sublit. BB changed operation of the plant, for which an allocation is requested to bring at the Federal Ministry of agriculture and forestry, environment and water management.

(3) a request referred to in paragraph 1 shall contain:



1. all relevant information and data to the parameters laid down in the regulation referred to in article 23, 2. for plants referred to in § 3 No. 6 lit. b sublit. BB documents which indicate that the criteria for a significant expansion of capacity have been met recording of the normal operation of the system, in particular about the additional capacity and the installed initial capacity, 3. the day, or for plants referred to in § 3 No. 6 lit. b sublit. BB changed operation of the facility, 4. the certificate of an independent testing facility on the examination of the information in accordance with Nos. 1 through 3, and 5. additional relevant data unless they are requested by the Federal Ministry of agriculture and forestry, environment and water management.


(4) the Federal Minister for agriculture and forestry, environment and water management has to calculate the provisional amount of the annual free emission allowances in accordance with the regulation referred to in article 23 and not later than four weeks after receipt of the complete in the sense of § 3 application to the European Commission to forward. The Federal Minister for agriculture and forestry, environment and water management can use to carry out the calculation of the Federal Environmental Agency. There is no legal claim to the allocation from the calculation of the provisional amount of the allocation, as well as the submission to the European Commission.

(5) the Federal Ministry of agriculture and forestry, environment and water management has the facilities, for which an application referred to in paragraph 1 was made subject to and in accordance with the availability of emission certificates from the Union-wide reserve in accordance with Article 10a paragraph 7 of Directive 2003/87/EC, which is calculated in accordance with the regulation referred to in section 23 to allocate free allowances by means of notification. The decision also has the installed capacity of the initial as well as for plants referred to in § 3 No. 6 lit. b sublit. BB also the additional capacity to be set. When calculating the annual allocation to new entrants you apply from 2014 in annex 8 factors specified for the respective year. A possible adjustment of the allocation has to be made by way of analogous application of § 24 para 5.

Allocation of emission certificates

Section 26 (1) of the Federal Ministry of agriculture and forestry, environment and water management has until February 28th each year is, in the register to have the booking of emission allowances to the account of each plant, for an approval pursuant to section 4. The number of annual emission allowances is set in the notices in accordance with §§ 24, par. 4 and 5 and 25 paragraph 5.

(2) a change of the holder of a plant is the Federal Minister for agriculture and forestry, notified to environment and water management.

(3) plant holders assigned to the emission certificates as the operation of the unit is upright. No free emission allowances are awarded for disused plants referred to in section 27. The Federal Minister for agriculture and forestry, environment and water management adjusts the allocation of emission allowances from the year following the year of the closure. Emission certificates purchased on the account of the installation before the Minister becomes aware of the system for agriculture and forestry, environment and water management by the closure are to return by the plant owner.

(4) the booking of the emission allowances for plants that receive an allocation pursuant to section 25, to arrange for the first time within four weeks after the issuing of the notification according to § 25 paragraph 5 is by way of derogation from paragraph 1.

(5) If after the annulment of a decision in accordance with §§ 24, par. 4 and 5 or 25 paragraph 5 by a Court of under public law enacting a new notice before the next deadline for the booking of emission allowances can be made on the account of the owner of the plant, is to make the booking also without final allocation decision. Any missing emission allowances can be booked after enactment of the new allocation decision on the account of the owner of the plant, any surpluses are to be returned by the unit holder after issuing of the new allocation decision.

Closures

27. (1) a facility is considered closed, if



1. the operation is impossible from a technical standpoint, or 2 which is not in operation, but previously was in operation, and the operation for technical reasons not can be resumed, or 3 is the conditioner stops, but previously was in operation, and the plant owner can't can allege, that the plant will resume their operation within six months after cessation of operations. The Federal Minister for agriculture and forestry, environment and water management can extend this period up to 18 months if the facility owner can prove that that plant operation due to exceptional and unforeseen circumstances, that even with all due care would not have can be prevented and beyond the control of the owner of the plant, and in particular due to circumstances such as natural disasters , War, threats of war, terrorist attacks, revolutions, riots, sabotage acts or acts of vandalism, six months can not record.

(2) para 1 No. 3 does not apply to plants that are held in reserve or standby for seasonal plants, provided that



1 plant holder in the possession of a permit to emit greenhouse gases, as well as all other relevant approvals is, and 2. it is technically possible to take the plant, without the need to do this, significant physical changes, and 3. the facility is serviced regularly.

(3) the award of emission allowance trading to installations referred to in paragraph 1 Z 3 is to expose, as long as it is not certain whether the plant will resume their operation.

6 article

Assignment and allocation of allowances for aviation activities

Trading periods for air traffic

28. (1) the first trading period for activities listed in annex 2 begins on January 1, 2012 and ending on December 31, 2012.

(2) the second trading period for activities listed in annex 2 begins on 1 January 2013 and ends on 31 December 2020.

Allocation of allowances to aircraft operators by auction

section 29. In the first and second period referred to in section 28, the number of emission allowances, article 3d paragraph 3 of Directive 2003/87/EC, assigned to the Republic of Austria in accordance with by the Federal Minister for agriculture and forestry, is each to auction environment and water management. The revenues from auctioning accrue to the Federal Government.

Assignment and allocation of allowances to aircraft operators

Each aircraft operator at the Federal Ministry of agriculture and forestry, environment and water management can section 30 (1) for each period referred to in section 28 until March 31, 2011 apply for the free allocation of emission allowances. The request must contain the tonne-kilometre data for the aviation activities carried out by the operator of this aircraft tested in accordance with section 10 para 2 pursuant to annex 2 for the review year. Review for the first and second trading period is the year 2010.

(2) the Federal Minister for agriculture and forestry, environment and water management has to provide the European Commission claims referred to in paragraph 1 for the first and second period referred to in section 28 to 30 June 2011.

(3) within three months from the date on which the Commission makes a decision under article 3e-paragraph 3 of Directive 2003/87/EC, the Federal Minister of agriculture and forestry has to calculate environmental and water management the following data:



1. the number of emission allowances allocated each aircraft operator, whose following a request of the European Commission referred to in paragraph 2 was submitted, for the relevant period as a whole. The calculation has to be made set reference value by multiplying the tonne with the indicated in the request by the European Commission under article 3e-paragraph 3 of Directive 2003/87/EC;

2. the allocated emission allowances, numbering by dividing the total allocated allowances calculated according to no. 1 for the relevant period by the number of years in the period in which these aircraft operators a aviation activity after running annex 2 each aircraft operator for each year, is to be determined.

(4) before the beginning of each trading period the Federal Minister for agriculture and forestry, environment and water management has calculated the free emission allowances, the aircraft operators pursuant to par. 3 to allot decision. The Federal Minister for agriculture and forestry, environment and water management has until February 28th each year beginning in 2012 the booking of the number of emission allowances, the each aircraft operator in accordance with paragraph 3 No. 2 or from the special reserve pursuant to § 31 para 6 No. 2 for the year in question with notice were allocated to make on the account of the air vehicle operator in the register (§ 43).

Special reserve for certain aircraft operators

An aircraft operator may 31 (1) at the Federal Ministry of agriculture and forestry, environment and water management request a free allocation of allowances from the special reserve, which will be set up and managed for the second trading period, by the European Commission in accordance with article 3f of Directive 2003/87/EC, if



1. the air vehicle operator will an aviation activity listed in annex 2 to the review year of 2010, or 2. the tonne-kilometre of the aircraft operator between the monitoring year and the year 2014 by an average of more than 18% annually have grown.

(2) a request referred to in paragraph 1 is allowed only when the activity of the aircraft operator is Z 1 or the additional activity Z 2 of either whole or in part a continuation of an aviation activity referred to in paragraph 1 referred to in paragraph 1, which was previously performed by another aircraft operator.


(3) an application must arrive by June 30, 2015 at the Federal Ministry of agriculture and forestry, environment and water management. An allocation to an aircraft operator pursuant to par. 1 Z 2 will award No more than 1 000 000 emission allowances.

(4) an application must contain the following information pursuant to paragraph 1:



1. checked tonne-kilometre data according to annexes 5 and 7 are proof that meets the criteria referred to in paragraph 1 for aviation activities referred to in annex 2, which has led the aircraft operators in the year 2014, 2, and 3 in the case of an application referred to in paragraph 1 Z 2: a) the indication of the percentage increase in the air traffic activity of the air vehicle operator in tonne-kilometres between 2010 and the year 2014 , b) the absolute growth in the air traffic activity of the air vehicle operator in tonne-kilometres between 2010 and the year 2014, and c) the absolute growth in the air traffic activity of the air vehicle operator in tonne-kilometres, extending beyond referred percentage of 18% Z 2 which in paragraph 1, between 2010 and the year 2014.

(5) until 15th December 2015 the Federal Minister for agriculture and forestry, environment and water management of the European Commission has to submit the applications which have arrived on time after para 3 first sentence.

(6) period of three months from the date on which the European Commission adopts a decision on the indicative target referred to in article 3f paragraph 5 of Directive 2003/87/EC, the Federal Minister of agriculture and forestry has, and calculate environmental and water management the following data:



1. the allocation of allowances from the special reserve to each aircraft operator whose Antrag was sent to the European Commission pursuant to paragraph 3. This allocation is calculated in the following way: a) in the case of an aircraft operator pursuant to par. 1 Z are 1 by multiplying the indicative target with the tonne-kilometre data included in the application submitted to the European Commission;

(b) in the case of an aircraft operator pursuant to par. 1 Z 2 by multiplying the reference value by the absolute growth in tonne-kilometres, which goes beyond specified percentage of 18% Z 2 above in paragraph 1 and in the request submitted to the European Commission is given;

2. the allocation of allowances to each aircraft operator for each year, which is calculated will be retained by the allocation of emission allowances to an aircraft operator is submitted after no. 1 through the number of full calendar years, still in the second trading period.

(7) the Federal Ministry of agriculture and forestry, environment and water management has the decision to allocate emission certificates the aircraft operators.

(8) the Federal Minister for agriculture and forestry, environment and water management has the relating to the Republic of Austria emission allowances from the special reserve, which were not allocated to auction.

7 section

Tax, transfer and cancellation of allowances

Delivery of emission allowances for plants

Section 32 (1) the owner of a plant approved in accordance with article 4 is obliged, 30 April each year for the plant no later than 2006 to make the number of emission allowances the Federal Ministry of agriculture and forestry, environment and water management, which corresponds to the total emissions of the installation checked according to § 10 during the previous calendar year. These allowances are then to delete. Emission allowances, which have been transmitted in accordance with article 34, paragraph 1, can be used for the fulfillment of obligations of an owner. Emission allowances, which have been allocated in accordance with article 6, or in accordance with chapter II of Directive 2003/87/EC and booked, can not be used for the fulfillment of obligations of an owner.

(2) who after 1 January 2005 an activity referred to in annex 1 or in accordance with an Ordinance pursuant to section 2, paragraph 4, or after 1 January 2013 an activity referred to in annex 3 without permission carries out, at the latest on the 30 April, following no. 1 against the holders on the issuing of a decision in accordance with article 52, paragraph 1, for the period in which the facility without permission of greenhouse gases has issued , To make allowances for these emissions to the Federal Minister of agriculture and forestry, environment and water management.

Delivery of emission allowances to aircraft operators

§ 33. Each aircraft operator is required to submit the number of emission allowances by 30 April each year starting in 2013 of the Federal Ministry of agriculture and forestry, environment and water management that corresponds to the total emissions of the aircraft operated by him tested according to § 10 during the previous calendar year. The emission allowances surrendered in accordance with this paragraph are subsequently removed. Emission allowances, which have been transmitted in accordance with article 34, paragraph 1, can be used for the fulfillment of obligations of an air vehicle operator.

Transfer and cancellation of allowances

Emission certificates in accordance with this federal law, which come from other Member States of the European Union and third countries, which are listed in Annex B of the Kyoto Protocol which have ratified the Kyoto Protocol and with which there is an agreement of the European Union for the mutual recognition of allowances are 34th (1) between



1. natural or legal persons within the European Union, and 2. natural or legal persons within the European Union and natural or legal persons in third countries, in which these emission allowances on the basis of an agreement for the mutual recognition be recognized, transferable. For the purposes of this Act, a transfer is only effective with the entry in the register (§ 43). The entry in the register may only occur if the transferor to transfer the equivalent number of emission allowances is authorized, and if not a protest of the Central administrator pursuant to article 20 paragraph 3 of Directive 2003/87/EC preclude the registration.

(2) as long as an owner of a plant or an aircraft operator with the delivery of the quantity of emission allowances corresponding to its emissions in accordance with §§ 32 or 33 to the Federal Minister of agriculture and forestry, environment and water management in default is, he is not entitled to the transfer of emission allowances to third parties.

(3) emission certificates can be deleted at any time on request of the holder of a plant or an aircraft operator by the Federal Ministry of agriculture and forestry, environment and water management.

8 section

Credits

Use of certified emission reductions and emission reduction units for equipment for the 2008 to 2012 trading period

section 35. In the period from 2008 to 2012 certified emission reductions and emission reduction units which have been issued on the basis of the framework Convention of the United Nations on climate change and the Kyoto Protocol, can be used in accordance with the provisions of this Federal Act to fulfil the obligations of an owner of a facility in accordance with article 32, paragraph 1 and 2.

Use of certified emission reductions and emission reduction units for aircraft operators for the period 2012

section 36. In the period 2012 aircraft operators can use certified emission reductions and emission reduction units to the extent of up to 15% of the number of certificates that must submit in accordance with article 33, to fulfil the obligations in accordance with § 33.

Use of credits for the period from 2013 to 2020

§ 37. without prejudice to the provisions of section 39 can use credits the following facility owners and operators in the trading period 2013 to 2020 to meet the commitments referred to in articles 32 and 33:



1. certified emission reductions and emission reduction units for emission reductions through December 31, 2012, provided that the conversion of these credits in emission certificates according to § 40 no later than February 28, 2015 is requested, 2. certified emission reductions and emission reduction units from before January 1, 2013 registered projects for emissions reductions in the period starting in 2013, 3. certified emission reductions for emission reductions from new projects that are carried out from January 1, 2013 in the least developed countries , and 4 credits pursuant to § 39 para 2.

Permissible extent of the use of credits in the period from 2013 to 2020

38. (1) the installations referred to in § 3 all no. 5 lit. a benefit credits pursuant to § 37, to an extent, that involved the extent 11% 2008-2012 emission allowances allocated to not exceed them with an allocation decision pursuant to article 17 paragraph 3 for the period on the whole period from 2008 to 2020.

(2) new market participants for trading period starting in 2013, new entrants in the period from 2008 to 2012, which neither of certified emission reductions and emission reduction units in the period from 2008 to 2012 have received free allocations still entitled to use and inventory systems pursuant to § 3 No. 5 lit. b benefit credits pursuant to § 37 up to a circumference of 4.5% of their verified emissions for the period from 2013 to 2020.


(3) aircraft operators can use credits pursuant to § 37, so far as they have not exhausted the extent of usage allowed them in accordance with article 36 for the first trading period. You can also use the credits in accordance with § 37 up to a circumference of 1.5% of their verified emissions in the period from 2013 to 2020.

(4) over that in the paragraphs 1 to 3 set extent going beyond equipment and aircraft operators benefit credits pursuant to § 37, if and to the extent that such use in implementing rules adopted by the European Commission to Article 11a paragraph 8 of Directive 2003/87/EC, as far as they are directly applicable, or in a regulation of the Federal Minister for agriculture and forestry , Environment and water management is provided.

Qualitative restrictions and extensions of the possibilities of use of credits

39. (1) certified emission reductions and emission reduction units, which come from nuclear power plants or from project activities in the areas of land use, land-use change and forestry are excluded from the use of credits. The Federal Minister for agriculture and forestry, environment and water management has to take measures on restricting the use of certain credits from project types from 1 January 2013 with regulation, when such measures para 9 of the Directive 2003/87/EC are given before implementing measures of the European Commission in accordance with Article 11a and these are not directly applicable.

(2) if the European Union concludes agreements with third countries in accordance with Article 11a paragraph 5 of Directive 2003/87/EC, has the Federal Minister for agriculture and forestry, environment and water management for the period 2013 to 2020 with regulation to provide that credits resulting from projects or other emission reducing activities which are carried out within the framework of this agreement, may be used in accordance with the provisions of this agreement.

(3) plant owners and operators can in the trading period 2013 to 2020 to meet the commitments referred to in articles 32 and 33 take advantage of credits that will be awarded 24a of Directive 2003/87/EC, where such use in implementing provisions enables the European Commission to Article 24a of Directive 2003/87/EC for projects to reduce emissions in other Member States of the European Union pursuant to article.

Conversion of credits

section 40. If a plant holder to fulfil his obligations in accordance with § 32 or if an aircraft operator to fulfil his obligations in accordance with § 33 credits pursuant to § 37, by the Federal Ministry of agriculture and forestry is to forgive an immediately check emission certificate in Exchange for a credit environment and water management. Credit memos that have been used during a period of the plant owners to fulfil their obligations in accordance with § 32 or by aircraft operators to meet their obligations in accordance with § 33, are to delete in the register. In Exchange for credits in accordance with § 37 No. 1 may be awarded no later than 31 March 2015 emission certificates.

Project activities

section 41. With regard to project activities in accordance with article 6 and article 12 of the Kyoto Protocol, the recognition of in Austria as a Contracting Party in accordance with Annex 1 of the framework Convention of the United Nations on climate change is sought for, UFG in the currently valid version, as well as the guidelines in accordance with § 43 apply section 38 UFG.

9 section

Validation, registration and legal character of emission certificates

Validity of emission certificates

42. (1) the emission certificates are valid for the period, for which they are awarded.

(2) four months after the beginning of each trading period the Federal Minister of agriculture and forestry has to clear environmental and water management allowances no longer valid and have been omitted pursuant to §§ 32 or 33 deleted or pursuant to § 34 paragraph 3 deleted,. As a replacement for these emission allowances, the Federal Minister of agriculture and forestry has to give environment and water emission allowances for the current trading period to the facility owners and operators.

Register

§ 43 (1) the Federal Minister for agriculture and forestry, environment and water management has 31 December 2011 up to the date of availability of the Union register in accordance with article 19 of Directive 2009/29/EC, anyway, but up to, to keep a register to ensure the accurate accounting of procurement, possession, transfer and cancellation of allowances. As of the date of availability of the Union register, he has to use this. He has a suitable procedure which is carried out in agreement with the Federal Minister of economy, family and youth and the Federal Minister of finance to appoint a Registrar, which exerts the function referred to in section 47 to UFG regulation with the technical implementation of the register or the work in the Union register. The register is according to the Regulation (EC) 2216/2004 on a standardized and secure registry system in accordance with the Directive 2003/87/EC and decision 280/2004/EC, OJ No. lead L 386, p. 1, in the form of standardised electronic databases containing common data elements to track procurement, possession, transfer and cancellation of allowances, to ensure of the access of the public and reasonable confidentiality and to ensure that no transfers take place which are incompatible, pursuant to article 19 paragraph 3 of Directive 2003/87/EC with the commitments under the Kyoto Protocol.

(2) the owner of the plant and the operators have the reporting requirements under article 15 of Regulation (EC) 2216/2004, or as of January 1, 2012, in accordance with articles 15 and 16 of the Regulation (EU) 920/2010, OJ No. meet 270 S. 1, to the Registrar.

(3) in the case of serious reasons, E.g. If there is a criminal proceedings for offences against foreign assets is pending against the reliability of certificates and proof marks or safety with money, securities, stamps against the applicant or a relevant criminal conviction against the applicant, as well as submission of falsified documents, the Registrar may refuse a person account in the register. To verify the existence of serious reasons, the Registrar may require the presentation of a certificate of criminal record or an equivalent confirmation of a judicial or administrative authority in the State in which the applicant has his habitual residence, which shall contain binding information on criminal convictions against the applicant. Should the applicant be a legal entity in their home State, the exhibition of a criminal record certificate or an equivalent confirmation of a judicial or administrative authority for legal persons is not possible, can the criminal record certificate or an equivalent confirmation of a judicial or administrative authority in relation to the authorised natural person be required to represent the legal person.

(4) the provisions of §§ 38 para 2 Z 2 and 41 paragraph 3 b, paragraph 4 Nos. 3 and 4, subsection 4 in the end (after no. 6), paragraph 7 and 8 of the Banking Act are to apply by analogy to the Registrar.

Legal character of emission allowances

§ 44. The emission certificates have the legal character of the goods and to be traded on commodity markets.

10 section

Small plants

Exception for small plants

Section 45 (1) the Federal Minister for agriculture and forestry, environment and water management can conclude an environmental agreement on the basis of the application of an owner of a facility where an activity referred to in annex 3 is carried out their Emissionen have not exceeded each 25 000 tonnes of carbon dioxide equivalent in the years 2008 to 2010 and their total fuel heat output that unless it is an incineration plant, does not exceed 35 MW, , with which this system from 2013 by the application of the 5th section with the exception of § 24 para 1 to 3 and the 6-9 section is taken out. Such a deal can be closed with a group from plant owners on the basis of a joint application.

(2) which has the environmental agreement in the period 2013 to 2020 to set quantitative limits on emissions, with which a the emission trading system that is at least equivalent to make contribution to reducing emissions, and in the case of exceeding maximum residue limits agreed the measures in accordance with paragraph 7 and 8. It should be noted whether the plants are associated with sectors or sub-sectors, listed in the directory in accordance with § 23 paragraph 10. The maximum levels are set each asset for each individual year of the period but also perennial calculation periods can be provided for purposes of compliance with. In addition overall limit for the group can be provided in the case of a group of plants.


(3) the obligation to submit emission certificates according to § 32 of emissions before 1 January 2013 will not be affected by an environmental agreement referred to in paragraph 1. For the years covered by the environmental agreement from 2013, the Federal Minister for agriculture and forestry, environment and water management for the systems awards no additional free certificates in accordance with section 24.

(4) for installations which are subject to an agreement referred to in paragraph 1, paragraphs 7 to 10 are in any case continue to apply.

(5) the Federal Ministry of agriculture and forestry, environment and water management has to submit to the European Commission a list of facilities referred to in paragraph 1 including the indication of the equivalent contribution to emission reduction in accordance with paragraph 2 no later than September 30, 2011.

(6) the Federal Minister for agriculture and forestry, environment and water management has the list of plants, an environmental agreement applies, to publish the equivalent measures laid down therein and the names of the plants referred to in paragraph 5 on the website of the Ministry.

(7) the emissions reported in accordance with § 9 a system exceed that maximum amount of emissions, which is set in the agreement, the holder of the plant per ton of excess has to pay a payment in the amount of the average of the certificate price achieved at the auction in accordance with § 21-carried out in the year or in the years of excess with a 50% surcharge. This surcharge is not applicable for exceeding the set maximum quantity calculated quantity of emission allowances lie between this and the pursuant to § 23 Z 1 to 8. The Federal Minister for agriculture and forestry, environment and water management has the payment decision to prescribe.

(8) is an agreement with a group of plants, exceeding the agreed maximum levels of individual plants are irrelevant, as long as an overall ceiling for the group is and they will not be exceeded. In case of exceeding the total maximum payments are the owners of those plants to prescribe, in which exceeded the agreed quantity, unless unless there is an internal balance of a trustee. Payments can be made by a trustee, if the environmental agreement so provides. The agreement does this or the Trustees despite written notice of the Federal Minister for agriculture and forestry, environment and water management makes the payment within two weeks after the request, the Federal Minister for agriculture and forestry, environment and water management has to prescribe the payment to the plant holders concerned with notice.

(9) in the case of legal disputes from an environmental agreement referred to in paragraph 1 is making a regular administrative procedures.

(10) in the event that a facility is the an environmental agreement in accordance with para 1 in a calendar year 25 000 tonnes of carbon dioxide equivalent or more (excluding emissions from biomass) issues and the measures that apply to this system, which achieves an equivalent contribution to emission reduction, are no longer in force, subject to this system from the following year the provisions of this Federal Act again in its entirety. The Federal Minister for agriculture and forestry, environment and water management has this decision to determine.

(11) If a facility referred to in paragraph 10 is again included in the emission trading system, you are applying the regulation in accordance with § 23 and § 24 para 3 calculated emission allowances with the year of the inclusion of again by analogy with § 24 para 4 and 5 to assign. The system has for the rest of the trading period in the emissions trading scheme to remain.

11 Chapter

Final provisions

Emission limit values

46. (1) the authority which is responsible in accordance with the applicable regulations of the Federal Government for the approval of equipment, which according to article 4 in conjunction with chapter II of Directive 2010/75/EC on industrial emissions, OJ No. L 334 p. 17, are subject to approval, must § 2 para 4 of this federal law prescribe for in a regulation referred to in called plants no emission limit values for emissions of greenhouse gases referred to in this regulation, except when this is necessary to ensure that no significant local pollution is effected.

(2) the authority is for the case that has already been granted permits for installations listed in para 1 emission limit values included for direct emissions of greenhouse gases referred to in Regulation pursuant to § 2 para 4, to amend the permit notification that these emission limits will no longer apply to these plants, except to comply with these emission limits is necessary to avoid significant local pollution.

Access to information

§ 47. The allocation of emission allowances, are as environmental information within the meaning of the environmental information Act, information on project activities in which plant owners or operators with approval of the Federal Minister for agriculture and forestry, environment and water management participate, and the messages of the plant owner and the aircraft operator in accordance with § 9 of this federal law BGBl. No. 495 / 1993, amended, the public accessible to make.

Reporting to the European Commission

section 48. The Federal Minister for agriculture and forestry, environment and water management has to submit each year a report on the application of Directive 2003/87/EC of the European Commission. This report rules for the allocation of emission allowances, the operation of registries, the application of the implementing rules for monitoring and reporting as well as the audit and accreditation and issues of compliance with the directive and, where appropriate, the fiscal treatment of allowances is in particular to go. The first report is to provide the European Commission until June 30, 2005.

Competent authority

paragraph 49. The following applies to the jurisdiction for the granting of approval in accordance with sections 4 and 6:



1. as far as the most significant approval is a permit for the operation of the plant according to national regulations, especially with not the Gewerbeordnung 1994 or the emission protection law for boiler systems, the Governor is responsible.

2. in all other cases, the authority is responsible for the issuing of the permit which is responsible according to the regulations of the Federal Government for the approval of those parts of the plant, from which the emissions that lead to the implementation of this federal law. If several federal agencies within the meaning of the first sentence are responsible with respect to a facility in accordance with § 3 Z 4 the procedure in accordance with articles 4 and 6 of the district administrative authority is making. If one or more federal agencies and the provincial government in accordance with section 39 of the environmental compatibility verification Act 2000, Federal Law Gazette No. 697/1993, in its up-to-date version, are responsible and the land Government not by the there provided possibility of delegation to the district administrative authority makes use, the involved federal authorities with the provincial government have to coordinate.

3. the Governor as the investment authority may with the proceedings, wholly or in part or for carrying out the procedures for certain types of plant entrust the district administrative authority and empower to decide on his behalf.

Expenses borne

§ 50 cost that adult, § 49 or the Federal Ministry of agriculture and forestry, environment and water management in application-bound procedures referred to in §§ 4, 6, 24, 25, 30 and 31 of the authority in accordance with are to be borne by the holder of the plant. The authority can apply the attachment holder by ruling to pay these costs directly.

Extra power

§ 51 operators have the Federal Ministry of agriculture and forestry, to designating a representative ad litem environment and water management, as long as they have not established in Austria.

Penal provisions

Section 52 (1) unless the fact constitutes not a punishable judicial action, commits an administrative offence and is to punish



1 with fine up to 35 000 euro, who one after the entry into force of this Federal Act activity pursuant to annex 1, Appendix 3, or a regulation in accordance with § 2 para 4 without permission in accordance with §§ 4 or 6 exercises;

2. with fine up to 7 000 euro, who the emissions a pursuant to § 4 monitors approved facility in accordance with section 7 and the notification pursuant to article 4, she does not or not timely reports (§ 9) no certificate of an independent inspection body not present (§ 10) and who monitors the emissions of aviation activity in accordance with § 8, failure presents the concept of surveillance pursuant to § 8 para 2, the emissions from aviation activities or failure reports (article 9) or no certificate of an independent inspection body shall submit (§ 10);

3. with fine up to 5 000 euros, who is a message according to §§ 6 para 1 and 2 or 24 para 6 not timely reimbursed;

4.

with a fine corresponding to at least the annual fee for the account of the respective plant or the aircraft operator in the register in accordance with section 43, but not more than 15 000 euro, who a message in accordance with § 43 para. 2 not or not timely reimbursed.

(2) for the issuing of notices pursuant to paragraph 1 Nos. 1, 2 and 4, the Federal Minister for agriculture and forestry, environment and water management is responsible.

Sanctions

53. (1) owners of a plant approved in accordance with section 4 and owners of plants, in which an activity pursuant to annex 1, Appendix 3, or a regulation in accordance with § 2 para 4 without permission in accordance with §§ 4 or 6 is performed, and not up to 30 April of each year from 2012 in the case of installations where an activity referred to in annex 3 will be carried , from 2014, submit a sufficient number of emission allowances to cover their emissions last year, have to pay a penalty payment of EUR 100 for each tonne of carbon dioxide equivalent, for which the holder has no emission certificates,. Aircraft operators, who do not give off a sufficient number of emission allowances to cover their emissions to 30 April of each year starting in 2013 in the previous year, have a penalty payment of EUR 100 for each tonne of carbon dioxide equivalent, for which the aircraft operator has issued no allowances payable. This penalty payment does not relieve the owner or aircraft operator from the obligation to submit emission certificates equal to the excess of these emissions, if he submits the allowances for the following calendar year.

(2) for emission allowances issued from 1 January 2013, the penalty payment referred to in paragraph 1 in accordance with the European index of consumer prices increased.

(3) the levy of penalty payments incumbent on the Federal Minister of agriculture and forestry, environment and water management, the up to the Registrar (§ 43 para 1) operated.

(4) the name of the plant owner and aircraft operators that violate the obligations according to §§ 32 and 33 to submit of a sufficient number of emission allowances, are on the website of the Federal Ministry of agriculture and forestry, to publish environmental and water management.

(5) the operator of an aircraft does not meet the provisions of this Federal Act and the Federal Minister for agriculture and forestry, environment and water management concludes that compliance could not be guaranteed by other enforcement measures, so the Federal Minister for agriculture and forestry, environment and water management may request the European Commission to adopt an operating ban on the aircraft operator concerned.

Use of criminal and sanction money

§ 54. fines pursuant to § 52, payments in accordance with article 45 and penalty payments pursuant to § 53 flow to the Federal Government.

New issue of allocation decisions

Article 55. Allocation decisions para 7 through a knowledge of the Constitutional Court or the administrative court repeals paragraph 4 or 31 in accordance with §§ 17, par. 3 and 4, 24 ABS. 4 and 5, 25 para 5, 30, the Federal Minister for agriculture and forestry, environment and water management has the emission certificates resulting from article 17, paragraph 1 and 4, or in accordance with the calculations on the basis of §§ 22 to 25 , to allocate by means of notification. Certificates, already on the basis of the repealed allocation decisions pursuant to section 19 para 1, 26 para of 1 or 30 paragraph 4 have been included, are not again to book.

Enforcement

56. (1) with the execution of this Federal Act is the Federal Minister for agriculture and forestry, environment and water management entrusted, as far as the following paragraphs not otherwise determine.

(2) with the enforcement of § 2 para 4, 11 para 1 fourth set, 17 para of 1 as well as 23 para 1 is the Federal Minister for agriculture and forestry, environment and water management in the agreement entrusted to the Federal Minister of economy, family and youth.

(3) with the enforcement of § § 15 and 43 para 1 third sentence is the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy, family and youth and entrusted to the Federal Minister of finance.

(4) with the enforcement of §§ 21, third sentence and 54 is the Federal Minister for agriculture and forestry, environment and water management in the agreement entrusted to the Federal Minister of finance.

(5) with the enforcement of § § 46 and 49 No. 2 the Federal Minister entrusted with the execution of the mentioned regulations is entrusted.

Gender-neutral terms

§ 57. The name of the function used in this federal law are gender-neutral.

Reference to guidelines

section 58. This federal law is Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the community and amending Directive 96/61/EC, OJ No L 275 p. 32, as last amended by Directive 2009/29/EC, OJ No. L 140 p. 63, implemented.

Home and expiry

59. (1) this federal law into force on the day following its publication in the Gazette. At the same time the emission certificate Act, Federal Law Gazette I no. 46/2004 as amended by Federal Law Gazette I no. 111/2010, override.

(2) existing decisions in accordance with paragraphs 2, 4, 6, 7a, 8, 9, 10a, 12a, 13, 17, 17 c, 17 d, 27, 28 and 28a EZG, Federal Law Gazette No. 46/2004 as amended by Federal Law Gazette I no. 101/2010, remain I also after the date referred to in paragraph 1 in place.

(3) the facts which were already present before the date referred to in paragraph 1, the authority only

 

 

After that date be known, as well as pending cases were initiated before the date referred to in paragraph 1 are to handle the old legislation or to continue.

Fischer

Faymann

 

 

Annex 1

to § 2 para 1 subpara 1

Categories of activities in plants which fall within the scope of this federal law

The threshold values given below generally refer to production capacities or services. A plant holder carries out several activities, which are listed in the following list, under same number in a plant or location, are these activities to add capacity.

 







Activities









Greenhouse gases









Energy conversion and activities

1. combustion installations with an approved fuel thermal input exceeding 20 MW (except plants for the incineration of hazardous wastes or municipal waste)





Carbon dioxide







2. mineral oil refineries





Carbon dioxide







3. equipment for the dry distillation of coal (coking)





Carbon dioxide







Ferrous metal production and processing

4. plants for the roasting or sintering ores including sulphide ore





Carbon dioxide







5. installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting, with a melting capacity exceeding 2,5 tonnes per hour





Carbon dioxide







Mineral-processing industry

6 plants for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day





Carbon dioxide







7 equipment for the production of glass, even if it is made from recycled glass, including equipment for the production of glass fibre with a melting capacity exceeding 20 tonnes per day





Carbon dioxide







8 equipment for firing ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, and/or a kiln capacity exceeding 4 m3 and a stocking density of more than 300 kg / m3





Carbon dioxide







Other branches of industry

9 industrial plants for the production of pulp from timber or other fibrous materials





Carbon dioxide







10. industrial installations for the production of paper, paperboard or cardboard with a production capacity exceeding 20 tonnes per day





Carbon dioxide





 







Annex 2

to section 2 para 1 No. 2

Categories of aviation activities falling within the scope of this federal law

 







Activities









Greenhouse gases









Flights which depart from an aerodrome or end at an airfield, which is located in a territory of a Member State to which the TFEU applies. Do not fall under this activity:



a) flights, performed exclusively for the transport of monarchs ruling contained in an official mission and their immediate families, as well as heads of State, heads of Government and belonging to the Government Ministers of a non-Member State insofar as this is indicated by an appropriate status indicator in the flight plan;

b) military flights in military aircraft and customs and police flights;

c)

Flights related to search and rescue operations, fire fighting flights, flights in the humanitarian mission and ambulance flights in medical emergencies, unless you have a permit of the competent authority;

(d) flights performed exclusively under visual flight rules in the categories set out in annex 2 of the Chicago Convention;

(e) flights where the aircraft non-stop back to the initial place of flight;

(f) training flights performed exclusively for the purchase of a licence or an authorization for the crew, if accordingly indicated in the flight plan; These flights must not serve for the transport of passengers and/or cargo or for the positioning or transfer of aircraft;

(g) flights, regardless of whether it is onboard or ground equipment, used exclusively of scientific research or examination, testing or approval of aircraft or equipment;

h) flights of aircraft with a maximum take-off weight of less than 5 700 kg;

(i) flights within the framework of public service obligations in accordance with Regulation (EEC) No 2408/92 on routes within areas in remote regions within the meaning of Article 355 TFEU or on routes with a proposed capacity of at most 30 000 seats per year; and j) flights which are operated by a commercial aircraft operators, as far as either the number of these flights in each of three consecutive four-month periods is less than 243 or the annual carbon dioxide total emissions of these flights amount to less than 10 000 tonnes. Flights performed exclusively to non-transport in the exercise of their duties of ruling monarchs and members of their immediate families, as well as heads of State, heads of Government and Government Ministers of a Member State, are not exempted from the provisions under this paragraph.



Carbon dioxide





 







Annex 3

to § 2 para 1 subpara 1

Categories of activities in plants which fall within the scope of this federal law

For the calculation of the total fuel heat output, a system the fuel thermal capacity of all technical units are to add, which are part of the system and where burning inside the fuel. These units can include all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, calcination furnaces, kilns, ovens, dryers, engines, fuel cells, CLC units ("chemical looping combustion units"), flares, and thermal or catalytic afterburners Act. Units with a fuel thermal input of less than 3 MW, and units using exclusively biomass are not to take into account in this calculation. "Units using exclusively biomass" are also units that use fossil fuels only during start-up and shut-down.

If an activity referred to in this annex in a capacity threshold is exceeded, all units, where fuels are burned except for units to the incineration of hazardous wastes or municipal waste, are to include in the authorisation to emit greenhouse gases.

If the unit is an activity for which the threshold rather than combustion heat performance is expressed, the threshold value of this activity takes precedence for the decision on the inclusion in the scope of this federal law.

"Combustion" refers to the oxidation of fuel regardless of the manner on which used the heat, electricity and mechanical work, generated in this procedure, and including all other directly associated activities including waste gas laundry.

The threshold values given below generally refer to production capacities or outputs. A plant holder carries out several activities, which are listed in the following list, under same number in a plant or location, are these activities to add capacity.

 







Activities









Greenhouse gases









1. combustion of fuels in installations with an approved total fuel heat input exceeding 20 MW (except plants for the incineration of hazardous or municipal waste)





Carbon dioxide







2. refining of petroleum





Carbon dioxide







3. manufacture of coke





Carbon dioxide







4. roasting or sintering including pelleting of metal ore (including sulphide ore)





Carbon dioxide







5. production of pig iron or steel (primary or secondary fusion) including continuous casting, with a melting capacity exceeding 2,5 tonnes per hour





Carbon dioxide







6. production or processing of ferrous metals (including ferro-alloys) during operation of combustion units with a total fuel heat capacity over 20 MW (the processing includes including rolling mills, the back heating furnaces, annealing, forging Mills, foundries, coating and pickling.)





Carbon dioxide







7 production of primary aluminium





Carbon dioxide and perfluorocarbons







8 production of secondary aluminium operation of combustion units with a total fuel heat capacity exceeding 20 MW





Carbon dioxide







9 production and processing of non-ferrous metals including production of alloys, refining, foundry and the like during operation of combustion units with a total fuel heat capacity (including the fuels used as a reducing agent) exceeds 20 MW





Carbon dioxide







10 production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day





Carbon dioxide







11 manufacture of lime or firing of dolomite and magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day





Carbon dioxide







12 manufacture of glass, even if it is made from recycled glass, including equipment for the production of glass fibre with a melting capacity exceeding 20 tonnes per day





Carbon dioxide







13 firing of ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day





Carbon dioxide







14 manufacture of insulation material made of mineral wool by using glass, stone or slag with a melting capacity exceeding 20 tonnes per day





Carbon dioxide







15 drying or burning of gypsum or manufacture of plasterboard and other gypsum products in operation of combustion units with a total fuel heat capacity exceeding 20 MW





Carbon dioxide







16 production of pulp from timber or other fibrous materials





Carbon dioxide







17 manufacture of paper, paperboard or cardboard with a production capacity exceeding 20 tonnes per day





Carbon dioxide







18 manufacture of industrial soot by carbonization of organic substances such as oils, tars, crack and distillation residues during operation of combustion units with a total fuel heat capacity exceeding 20 MW





Carbon dioxide







19 manufacture of nitric acid





Carbon dioxide and nitrous oxide







20th production of adipic acid





Carbon dioxide and nitrous oxide







21 production of Glyoxal and Glyoxylic





Carbon dioxide and nitrous oxide







22 manufacture of ammonia





Carbon dioxide







23 manufacture of organic basic chemicals by cracking, reforming, partial or full oxidation or similar procedures, with a production capacity of over 100 tons / day





Carbon dioxide







24 manufacture of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day





Carbon dioxide







25 manufacture of soda (Na2CO3) and sodium bicarbonate (NaHCO3)





Carbon dioxide







26 deposition of greenhouse gas emissions from installations covered by this Federal Act for the purpose of transport and geological storage in a storage site that is approved in accordance with Directive 2009/31/EC





Carbon dioxide







27 transport greenhouse gas in pipelines for the purpose of geological storage in a storage site that is approved in accordance with Directive 2009/31/EC





Carbon dioxide








28 geological storage of greenhouse gases in a storage plant approved in accordance with Directive 2009/31/EC





Carbon dioxide





 

 

Annex 4

to paragraphs 7 and 9

Principles for monitoring and reporting of emissions from installations



1. monitoring of carbon dioxide emissions: the monitoring of emissions has to be carried out either by calculation or on the basis of measurements.



(a) the calculation of the emissions has to be carried out according to the following formula: activity data x emission factor x oxidation factor

The monitoring of the activity data (fuel consumption, production rate, etc.) has to be carried out on the basis of data on used fuels or raw materials or measurements.

There are established emission factors to use. Activity-specific emission factors can be used for all fuels. Default factors can be used for all fuels except non-commercial fuels (fuels from waste such as tyres and industrial process gases). Seam-specific defaults for coal and Union-specific or producer country-specific default values for natural gas are still continue to work. IPCC default values can be used for refinery products. The emission factor for biomass is null.

Is not included in the emission factor that some of the carbon is not oxidised, an additional oxidation factor shall be used. Activity-specific emission factors were calculated where oxidation is already taken into account, it is not necessary to use an oxidation factor.

There are default oxidation factors developed pursuant to Directive 2008/1/EC to use, unless the owner can prove the authority in accordance with paragraph 49, that activity-specific factors are more accurate.

For each activity and investment, as well as for each fuel is a calculation to make.



(b) in the case of the measurement of emissions are standardized or well-established procedures to use; the measurement is to be confirmed by a supporting calculation of emissions.

2. monitoring of emissions of other greenhouse gases: to use are standardized or well-established procedures, paragraph 2 of Directive 2003/87/EC are adopted procedure according to article 23.



3. reporting on emissions: each owner has to provide the following information in the report for a plant: a) system data, including:-name of the plant;

-Its address, including postcode and country, type and number of activities carried out in the system set out in annex 1; and - address, telephone number, fax number and E-Mail address of a contact person and name of the owner of the system and any parent company.

(b) for any activity carried out on the site in accordance with Annex 1, the emissions are calculated:-activity data;

-Emission factors;

-Oxidation factors;

-Total emissions; and uncertainty factors.

(c) for each activity carried out at the site in accordance with Annex 1 or a regulation in accordance with § 2 para 4 for which emissions are measured:-total emissions;

-Information on the reliability of measurement methods and uncertainty factors.

(d) for emissions from combustion, the oxidation factor is to specify whether the report also because the oxidation has been included in the calculation of an activity-specific emission factor.

 

Annex 5

to sections 8, 9, 30 and 31

Principles for monitoring and reporting of emissions and tonne-kilometres from aviation activities



1. monitoring of carbon dioxide emissions: the monitoring of emissions in accordance with § 8 has to be made by calculation. The calculation of the emissions has to be carried out according to the following formula:

              Fuel consumption × emission factor

Also fuels consumed by the auxiliary engine include the fuel consumption. The actual fuel consumption of each flight is used as far as possible and calculated in accordance with one of the following formulas:

Method A:

Amount of fuel contained in aircraft tanks after uplift for the flight concerned amount of fuel contained in aircraft tanks after uplift for subsequent flight + fuel uplift for that subsequent flight.

Method B:

Actual fuel consumption for each flight = the block on at the end of the previous flight in the aircraft tanks remaining fuel quantity + fuel uplift for the flight - on the block-on quantity of fuel remaining at the end of the flight in the aircraft tanks

There are no data on the actual fuel consumption, fuel consumption on the basis of the best available information is a standard multistage approach to estimate.

Default emission factors are the guidelines of the intergovernmental climate on basing to Panel change (IPCC) of 2006 or subsequent updates of these guidelines, unless unless activity-specific emission factors that have been identified by independent accredited laboratories using accepted analysis methods prove to be accurate. The emission factor for biomass is zero.

For every flight and every fuel is a separate calculation to make.



2. reporting of emissions: each aircraft operator has to record the following information in its emission message in accordance with § 9: a) information to the aircraft operators, including - name of the aircraft operator;

-competent management Member State;

-Its address, including postcode and country and, where different, contact address in the Member State of the Administration;

-Aircraft registration numbers and the types of aircraft used in the period under review for the aviation activities of the operator in accordance with Annex 2;

-The number and issuing authority of the air operator certificate and operating licence under which the aviation activities of the operator in accordance with Annex 2 conducted;

-Address, telephone number, fax number and E-Mail address of a contact person;

-Name of the aircraft owner.

-For each type of fuel for which emissions are calculated:-fuel consumption;

-Emission factor;

-Total of aggregated emissions from all flights performed during the reporting period within the framework of the aviation activities of the operator in accordance with Annex 2;

-aggregated emissions from: – all flights and that during the reporting period within the framework of annex 2 were carried out air transport activities of the operator in accordance with went off from an aerodrome in the territory of a Member State and ended up at an airport in the territory of the same Member State;

– all other flights performed during the reporting period within the framework of the aviation activities of the operator in accordance with Annex 2;

-aggregated emissions from all flights performed during the reporting period within the framework of the aviation activities of the operator referred to in annex 2 and which - went down from each Member State and in each Member State from a third country arrived; and - uncertainty.

3. monitoring of tonne-kilometre data for the purpose of sections 30 and 31: in applying for the allocation of emission allowances in accordance with articles 30, paragraph 1 or 31 para 1 is the amount of aviation activity in tonne-kilometres using the following formula to calculate: tonne-kilometre route = × payload,.

where "Flight distance" means the great circle distance between departure and arrival airport plus an additional invariant distance of 95 km, and "Payload" referred to the total mass of the transported cargo, mail and passengers.

The following applies for calculating the payload:



-The number of passengers is the total number of persons on board with the exception of the crew;

-an aircraft operator may apply in relation to passengers and their luggage a default value of 100 kg either the actual weight, registered its documents relating to the mass and focus on calculation or the mass for passengers and checked baggage or on each passenger and his checked baggage.

4. reporting on tonne-kilometre data for the purpose of sections 30 and 31: every aircraft operator has to include in his application in accordance with articles 30, paragraph 1 or 31 para 1 following information: a) information to the aircraft operators, including:-name of the aircraft operator;

-competent management Member State;

-Its address, including postcode and country and, where different, contact address in the Member State of the Administration;

-Aircraft registration numbers and the types of aircraft used in the year of application for the aviation activities of the operator in accordance with Annex 2;

-The number and issuing authority of the air operator certificate and operating licence under which the aviation activities of the operator in accordance with Annex 2 conducted;

-Address, telephone number, fax number and E-Mail address of service authorized contact person in Germany; and - name of the aircraft owner.

(b) tonne-kilometre data: – number of flights aerodrome pair;

– Number of passenger-kilometres by aerodrome pair,

-Number of tonne-kilometres aerodrome pair;

-for the calculation of the mass of passengers and checked baggage used method; and -.

Total number of tonne-kilometres for all flights performed during the year under review and under the aviation activities of the aircraft operator in accordance with Annex 2 fall.

Annex 6

to article 10

Criteria for the evaluation of emissions from plants

General principles:



1. the emissions from all activities listed in annex 1, Appendix 3, or in a regulation pursuant to § 2 para 4 and in accordance with section 2, para. 5 included equipment are subject to scrutiny.

2. in the examination procedure is to enter the report pursuant to § 9 and on the monitoring in the previous year. To examine the reliability, credibility and accuracy of monitoring systems and the transmitted data and information on the emissions shall be, in particular: a) the reported activity data and related measurements and calculations;

(b) the choice and application of emission factors;

(c) the calculations for the determination of the overall emissions; and d) when measuring the appropriateness of the choice and application of the measuring procedures.

3. the validation of data on emissions is permitted only if reliable and credible data and information allow a determination of the emissions with a high degree of reliability. A high degree of reliability required by the owner of a plant evidence that a) the data transmitted are conclusive;

(b) the collection of data in accordance with the applicable scientific standards occurred; and c) the relevant information for the installation are complete and consistent.

4. the owner of a plant has the independent testing facility to grant access to all sites and all information related to the object of the audit in the context.

5. the independent inspection body has to consider whether the system within the framework of the Union system for eco-management and audit (scheme EMAS) is registered.

Methodology:

Strategic analysis



6. the audit has on a strategic analysis of all the activities which are carried out in the plant, to be based. The independent testing facility requires to be an overview of all activities and their significance for emissions.

Process analysis



7. the examination of the information supplied has to be carried out as needed at the plant site. The independent testing facility has perform sampling to determine the reliability of data and information.

Risk analysis



8. the independent testing facility has all the sources of emissions in the installation of an evaluation on the reliability of the data of each source contributing to the overall emissions of the installation, to undergo.

9. based on this analysis, the independent testing facility specifically has the sources with a high risk of error and other aspects of the monitoring and reporting procedure to determine which could lead to errors in the determination of the overall emissions, in particular the choice of emission factors and the calculations for determining the emissions of individual emission sources. Special attention is sources with a high risk of error and the mentioned other aspects of the monitoring procedure to devote.

10. the independent inspection body has any effective procedures for managing the risks that the owner uses to uncertainties to keep as low as possible, be taken into account.

Report:



11. the independent inspection body has to produce a report on the validation determines whether the report referred to in section 9 is satisfactory. In this report are all aspects relevant for the work list. The Declaration that the report referred to in section 9 is satisfactory, can be placed, if the independent testing facility to view, that not much wrong information were made to the overall emissions.

Annex 7

to article 10

Criteria for the evaluation of emissions and tonne-kilometres from aviation activities



1. the General principles laid down in annex 6 and methods are to apply by analogy to the verification of reports of emissions from flights performed in the framework of an aviation activity listed in annex 2. For this purpose, the following shall apply: a) the term "Holder" to Z is 3 of annex 6 in the sense of an aircraft operator and the reference to the 'schedule' to understand after lit. c of this item is considered a reference to the aircraft used to perform the aviation activities covered by the report;

(b) under Z 5, referring to the plant is regarded as referring to the aircraft operator;

(c) under no. 6, referring to activities which are carried out in the plant is considered as a reference to aviation activities covered under the report of the aircraft operator;

(d) under the Nos. 4 and 7, the references to the location of the system considered referring to the locations that the air vehicle operator uses to perform the aviation activities covered by the report;

(e) under the Nos. 8 and 9 the references to sources of emissions are as a reference to the aircraft for which the aircraft operator is responsible; and f) under the Z 10 referring to the operator is construed as a reference to an aircraft operator.

Additional provisions for the verification of reports of emissions of from air traffic



2. the test facility has to ensure in particular that a) all flights falling under one of the aviation activities listed in annex 2 will be considered. The testing device has this flight plan data and other data on the operations of the aircraft operator, including data from Eurocontrol, the air vehicle operator who requested to use; and b) match between the total fuel consumption data and data on fuel purchasing or other fuel supplies of the aircraft used for air transport activities.

Additional provisions for the verification of tonne-kilometre data submitted for the purposes of sections 30 and 31



3. the General principles laid down in annex 6 and methods for the testing of emissions in accordance with § 10 shall apply, where appropriate, also by analogy on the verification of tonne-kilometre data.

4. the test facility has to ensure in particular that at the request of the aircraft operator in accordance with articles 30, paragraph 1 and 31 para 1 only flights be considered actually performed and falling within an aviation activity listed in annex 2, for which the aircraft operator is responsible. The testing device has data about the flight operations of the aircraft operator, including data from Eurocontrol, the air vehicle operator who requested to use this. The test facility has also to ensure that the payload reported by the aircraft operator corresponds to the payload data that indicates the aircraft operators for security purposes.

Annex 8

to § 24 para 3 and 25

Annual factor

 





Year





2014





2015





2016





2017





2018





2019





2020









Factor



0,9826



0,9652



0,9478



0,9304



0,913



0,8956



0,8782