Emission Certificate Act 2011 - Ezg 2011

Original Language Title: Emissionszertifikategesetz 2011 – EZG 2011

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

The National Council has decided:

Section 1

General provisions

Target

§ 1. The aim of this federal law is to set up a scheme for greenhouse gas emission allowance trading in order to reduce greenhouse gas emissions in a cost-efficient and economically efficient way.

Scope

§ 2. (1) This federal law shall apply

1.

for installations in which Annex 1 , Annex 3 or in a Regulation referred to in paragraph 4 above, in respect of which the activities referred to in Annex 1 , Annex 3 or in a Regulation referred to in paragraph 4, greenhouse gases declared for this activity, and

2.

for aviation activities in accordance with Annex 2 , carried out by aircraft operators, to the extent that:

a)

it has been granted a valid operating licence in Austria in accordance with Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, OJ L 145, 31.5.2008, p. No. L 293 p. 3, or

b)

Austria for the aircraft operator, in accordance with the data provided by the European Commission on the basis of Eurocontrol data, in the base year the highest estimate of emissions from aviation activities in accordance with Annex 2 .

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the aircraft operator registered under Section 1 (2) (2) of this Federal Law in a list to be published on the website of the Federal Ministry of the Interior. , The base year within the meaning of paragraph 1 Z 2 lit. b is the year 2006. For operators who operate according to the 1. January 2006, the first calendar year of activity shall be considered as the base year.

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

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, 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 2003 /87/EC, Council Directive 96 /61/EC, OJ L 136, 31.7.1996.. No. 32), as last amended by Directive 2009 /29/EC, OJ L 206, 22.7.2009, p. No. 63, is required to: Annex 1 and Annex 3 further activities and greenhouse gases with a regulation, in agreement with the Federal Minister for Economic Affairs, Family and Youth, into the scope of this Federal Act. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can, in agreement with the Federal Minister for Economic Affairs, the Family and Youth, on the legal situation in the Member States of the European Union, on the basis of the legal situation in the Member States of the European Union. Annex 1 and Annex 3 further activities and greenhouse gases are included in the scope of this federal law.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, at the request of a holder of an installation, may not be able to Annex 1 or Annex 3 shall include falling installations within the scope of this Federal Law. The application must be dismissed with a communication.

(6) Assets or parts of equipment for which an allocation of emission allowances has been made in accordance with Article 17 (1) or in a communication pursuant to § § 17 (4), (4) and (5) or (5) or 25 (5) shall remain for the current trading period, in which the allocation has been made, within the scope of this federal law, even if the Annex 1 or Annex 3 shall fall below the threshold for activity during the period of the trading period.

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

(8) Fire facilities, which use fossil fuels only as support firing (on and off burners) in accordance with the authorisation of fossil fuels, fall under this federal law in the trading period 2008 to 2012 only if they are combined with fossil fuels. fired boilers. Plants that use only biomass are not covered by this federal law in the trading periods from 2013.

(9) At the request of the holder of an installation or of an aircraft operator, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, within a period of eight weeks, determine whether and to what extent this Annex or Annex, respectively, shall be: this air transport activity is subject to this federal law.

Definitions

§ 3. For the purposes of this law, the term "

1.

"emission certificate" means the certificate entitles the emission of one tonne of carbon dioxide equivalent in a given trading period;

2.

"Emissions" means the release of greenhouse gases into the atmosphere

a)

sources in a plant, or

b)

an aircraft carrying out an activity Annex 2 ;

3.

"Greenhouse gases" the gases carbon dioxide (CO 2 ), Methan (CH 4 ), Nitrous Oxide (N 2 O), hydrochlorofluorocarbons (HFCs), Perfluorocarbons (P-FCs), Sulphur Hexafluoride (SF) 6 ) and other natural or anthropogenic gaseous components of the atmosphere, which absorb and emit infrared radiation;

4.

"Appendix" means a fixed technical unit in which: Annex 1 , Annex 3 or in a Regulation referred to in Article 2 (4), as well as other directly related activities related to the activities carried out at that site in a technical context, and which: have an impact on emissions and pollution;

5.

"inventory" means an installation in which: Annex 3 or in a Regulation referred to in Article 2 (4),

a)

for which a greenhouse gas emission permit has been granted before 30 June 2011 in accordance with § 4, or

b)

which, on 30 June 2011, is already in operation and in possession of all relevant legal approvals, and

aa)

which, on 30 June 2011, fulfilled all the other conditions which would have been necessary for the granting of an authorisation in accordance with Section 4, or

bb)

for which an application for authorisation has been submitted in accordance with § 4 no later than 31 December 2011;

6.

"new entrant"

a)

for the trading period 2008 to 2012 a plant in which in Annex 1 or in a Regulation referred to in Article 2 (4), and for which an application for authorisation or extension of a system has been submitted in accordance with the date referred to in Article 17 (1), as well as an installation for which the date referred to in Article 17 (1) has been submitted to the application for approval or extension of the system, but which was not taken into consideration in accordance with Section 17 (1) of the Dispatch Regulation;

b)

from the trading period 2013 to 2020

aa)

an installation in which: Annex 3 or in a regulation pursuant to section 2 (4), or which has been included in the scope of this federal law pursuant to § 2 para. 5, and for which a permit to issue for the first time after 30 June 2011 of greenhouse gases, and which is not an inventory; or

bb)

an installation in which: Annex 3 or in a Regulation referred to in Article 2 (4), where major enlargements have been carried out after 30 June 2011, but only in respect of the extensions;

7.

"tonne of carbon dioxide equivalent" means a tonne of carbon dioxide (CO) 2 ) or a quantity of another greenhouse gas according to Z 3, with equivalent global warming potential;

8.

"Emission Reduction Unit (ERU)" means a BGBl, according to Article 6 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (as a result of the Kyoto Protocol). III. No 89/2005, and those under the United Nations Framework Convention on Climate Change, BGBl. No 414/1994, or decisions taken by the Kyoto Protocol;

9.

"certified emission reduction (CER)" means a unit issued under Article 12 of the Kyoto Protocol and the decisions taken in the framework of the United Nations Framework Convention on Climate Change or the Kyoto Protocol;

10.

"aircraft operator" means the person who is at the time an air transport activity in the sense of the Annex 2 , according to § 13 of the Aviation Act, BGBl. No 253/1957, as amended, is the owner of the aircraft or, if the identity of that person is not known or is not specified by the aircraft owner, the owner of the aircraft;

11.

"commercial aircraft operator" means the operator of the aircraft, who, in the event of a charge, provides scheduled or scheduled air services to the public in respect of which he carries passengers, freight or mail;

12.

"issuing of emission allowances" means the booking of emission allowances to a register account of a plant owner or aircraft operator;

13.

"electricity generator" means an installation which is 1. Jänner 2005 or thereafter generated electricity for sale to third parties and in which no other activities have been carried out in accordance with Annex 3 as the "combustion of fuels".

Section 2

Permits for assets

Greenhouse gas emissions permits

§ 4. (1) installations in which: Annex 1 , Annex 3 or in a Regulation referred to in Article 2 (4), in which the activities referred to in Annex 1 , Annex 3 or in a regulation pursuant to § 2 (4) for these activities, and installations that are included in the scope of this federal law pursuant to § 2 para. 5 shall be allowed to take place from 1. January 2005 shall only be operated if a permit has been issued by the competent authority (§ 49) in accordance with the following provisions.

(2) The authorisation shall be granted if the holder proves that he is in a position to monitor the emissions of greenhouse gases from the plant in question in accordance with § 7 and to report an emission report in accordance with § 9. A permit may refer to one or more installations operated by the same owner at the same site.

(3) Authorisations for the emission of greenhouse gases shall contain, in particular, the following information and requirements:

1.

the name and address of the holder;

2.

Description of the activities and emissions of the plant,

3.

a monitoring concept which complies with the requirements referred to in Article 7;

4.

where necessary, conditions for reporting and

5.

an obligation to submit emission allowances in accordance with § 32 (1), in the amount of the total emissions of the installation for each calendar year, as verified in accordance with § 10, within four months of the end of the relevant calendar year.

(4) (1) and (3) (5) shall apply to existing facilities in accordance with § 3 Z 5 lit. b from 1. Jänner 2013.

(5) An appeal against the approval notice can be filed within eight weeks. The approval certificate as well as the approval files shall be transmitted by the authority immediately after the entry of the legal force in electronic form to the Federal Ministry for Agriculture, Forestry, Environment and Water Management. Without prejudice to § 68 of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51, as amended, an approval certificate may be amended by the Federal Minister of Agriculture, Forestry, Environment and Water Management as an appropriate competent authority within six weeks of receipt of the approval. may be repealed if:

1.

the facts on which the communication is based have been found to be, in substance, inaccurate or have been accepted in an act of action, or

2.

the content of the decision is unlawful.

(6) The greenhouse gas emissions permit shall not affect the validity of the legal provisions and authorisations, in particular prescribed emission limit values for others, not in Annex 1 , Annex 3 or in a regulation pursuant to Article 2 (4) of this Regulation, except in the cases of § 46.

(7) The authorisation to emit greenhouse gases shall be withdrawn if:

1.

the application for authorisation is granted during an allocation period in accordance with § § 15 (1) or (20),

2.

the plant will be shut down, with an emissions reduction of more than 89% for the trading period 2008 to 2012,

3.

an installation for which an allocation of emission allowances has been made in a communication pursuant to § § 17 (3) and (4), (4) and (5) or (5) or (5) or (5) is not put into service in spite of the valid approval notice.

During the trading period 2008 to 2012, the Federal Minister of Agriculture and Forestry may, at the request of an asset holder, notice that an installation is not deemed to be shut down if the holder can prove that the emission reduction on climate protection measures, such as the transition to biomass, to a temporary loss of production, inter alia by means of renewal or technical conversion, or to the substantial transfer of production to other installations of the same holder is due to.

(8) The Authority shall review the greenhouse gas emissions permit every five years and, where appropriate, make any changes. In the case of installations which are approved in accordance with § 4 or the last modification of the authorisation in accordance with § 6 before the 1. January 2009, the first review is to be carried out until 31 December 2013, unless § 6 (2) or (3) is applied. For all other installations, the review shall be carried out no later than five years after the approval or the last modification of the authorisation. If the review leads to a modification of the authorisation, paragraph 5 shall apply mutatily.

Approval procedure

§ 5. (1) In any event, applications for greenhouse gas emission permits shall contain the following information:

1.

the name of the installation and the activities and technologies used therein,

2.

raw materials and excipients, the use of which is likely to be used with emissions from in Annex 1 , Annex 3 or in a Regulation referred to in Article 2 (4) of this Regulation,

3.

Sources of emissions from in Annex 1 or Annex 3 the greenhouse gases listed in the Annex and

4.

Planned measures for monitoring and reporting on emissions in accordance with § § 7 and 9 as well as a justification for these measures.

(2) The owner of the facility for the technical-operative matters in connection with the enforcement of this federal law of an authorized representative, is to make this the authority to be known to the authority.

(3) The application shall be accompanied by a summary of the information referred to in paragraph 1, comprising a maximum of five pages.

(4) Applications must be submitted using an electronic form to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

(5) The Authority shall decide not later than five months from the date of submission of the application or, if the documents submitted do not contain the information provided for in paragraph 1 (1) to (4), of the complete application documents. In spite of a timely application for an inventory according to § 3 Z 5 lit. Until 31 December 2012, the plant may continue to operate until the approval has been granted, using the monitoring measures provided for in the application.

(6) Authorisations for the emission of greenhouse gases or changes in the plant in accordance with § 6 may, together with the administrative authorisation required by the relevant administrative provisions, be approved for the establishment or operation of the plant. request. In this case, the competent authority responsible for this legal authorisation has the procedure for issuing permits for the emission of greenhouse gases in accordance with this Federal Act in this case, together with the permit procedure for the approval of the plant. ,

Amendments to the approval certificate

§ 6. (1) The holder of an installation approved in accordance with § 4 shall have all the major changes to the nature or function of the installation, in particular changes in capacity, or the measures to monitor the emissions of the installation, as well as the to indicate an extension of the installation to the settlement of any required documents which might require a modification of the permit to emit greenhouse gases. In such a case, the Authority shall take note of this notification and, if necessary, amend the notification of the authorisation accordingly. A change in the person of the holder shall be indicated.

(2) In the event of a change in the rules for monitoring and reporting in accordance with § § 7 and 9, the owner of the plant shall, in any case, adapt the information provided for in Article 5 (1) (4) to the new regulations and within four months of the date of the the entry into force of the amendment to the rules for approval.

(3) In the event that the notification in accordance with paragraph 2 does not comply with the deadline, the competent authority shall, in accordance with § 49, require the necessary changes to the monitoring concept to be made available to the competent authority.

(4) § 4 (5) shall apply mutatily.

Section 3

Review of greenhouse gas emissions

Monitoring of greenhouse gas emissions from plants

§ 7. Each holder of a plant approved in accordance with § 4 shall have the emissions of greenhouse gases in accordance with the provisions of this Federal Law, in particular the Annex 4 , the regulations adopted for this purpose, the guidelines of the European Commission in accordance with Article 14 of Directive 2003 /87/EC, as amended in 2008 /101/EC, OJ L 327, 28.12.2003, p. No. 3, in so far as they are directly applicable, or a Regulation of the European Commission, in accordance with Article 14 of Directive 2003 /87/EC, as amended in 2009 /29/EC, OJ L 73, 14.3.2003, p. No. 63, as well as the notification of approval in question.

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

§ 8. (1) Each aircraft operator shall have emissions of greenhouse gases, which shall be less than 1. January 2010 shall be expelled from the aircraft operated by it, in accordance with the provisions of this Federal Act, in particular the Annex 5 , the European Commission's guidelines pursuant to Article 14 of Directive 2003 /87/EC, as amended in 2008 /101/EC, OJ L 327, 30.12.2003, p. No. 3, in so far as they are directly applicable, or a Regulation of the European Commission, in accordance with Article 14 of Directive 2003 /87/EC, as amended in 2009 /29/EC, OJ L 73, 14.3.2003, p. No. 63 as well as the relevant approved surveillance concept.

(2) Each aircraft operator shall submit to the Federal Minister for Agriculture, Forestry, Environment and Water Management a monitoring concept in German or English, in which measures for monitoring and reporting in respect of emissions and for the purposes of an application pursuant to § § 30 (1) or (31) (1) with regard to tonne-kilometre data. Aircraft operators who take up aviation activities after 31 August 2009 have the Federal Minister for Agriculture, Forestry, Environment and Water Management the monitoring concept until 28 February of the year of the year of the reception of the The following year shall be submitted. This concept is to be considered by the Federal Minister for Agriculture, Forestry, Environment and Water Management and, if it meets the requirements of paragraph 1, to approve it.

Emissions reporting

§ 9. (1) Each holder of an installation approved in accordance with § 4 shall electronically notify the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the emission declaration for this installation for each calendar year up to 31 March of the following year. , Each aircraft operator has the Federal Minister for Agriculture, Forestry, Environment and Water Management the emission reporting for the aviation activities carried out by him in accordance with Annex 2 shall be transmitted electronically for each calendar year until 31 March of the following year. In this context, the Annex 4 and 5 , the rules laid down in the Regulation referred to in paragraph 3, and the guidelines referred to in Article 14 of Directive 2003 /87/EC, as amended in 2008 /101/EC, OJ L 376, 27.12.2003, p. No. 3 or a regulation of the European Commission pursuant to Article 14 of Directive 2003 /87/EC, as amended in 2009 /29/EC, OJ L 73, 14.3.2003, p. No. L 140 p. 63. Reports from aircraft operators may be sent in English. The reports are to be transmitted electronically in a digital format to be determined by the Federal Minister for Agriculture, Forestry, Environment and Water Management. The form sheets are to be published on the website of the Federal Ministry of the Interior.

(2) In the course of a calendar year, an installation shall be shut down (§ 27) or an activity shall be carried out in accordance with Annex 2 , the emission declaration referred to in paragraph 1 shall be made for the period up to the closure.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has laid down detailed rules for the notification on the basis of the Annex 4 , and in compliance with the principles laid down in Article 14 of Directive 2003 /87/EC, as amended in 2008 /101/EC, OJ L 327, 30.12.2003, p. No. L 8 p. 3, to lay down guidelines adopted by the European Commission.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall provide a review of the installation or of the aircraft operator on the basis of the available documentation relating to greenhouse gas emissions, which the plant owner or Aircraft operators shall be obliged to report in accordance with this Federal Act. This can be used by the Federal Environment Agency. The emissions of greenhouse gases for the calendar year for which the notification has not been reported shall be determined by the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the basis of this review. The costs of the review shall be borne by the holder or to notify the aircraft operator.

(5) The emission declarations shall be made available to the Federal Environment Agency by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in electronic form, insofar as this is to fulfil the obligation pursuant to Section 6 (2) (2) (15) of the Environmental Control Act, BGBl. I No 152/1998, as amended, is required.

Audit

§ 10. (1) Each holder of a facility approved in accordance with § 4 shall be obliged to submit a certificate of an independent test facility in accordance with § § 11 or 14 on the examination of the emissions in accordance with § 9. In the course of the examination, the approval pursuant to § 4 and any changes to the approval pursuant to § 6 shall be used.

(2) Each aircraft operator shall, together with the notification in accordance with § 9, a certificate issued by an independent auditor in accordance with § 14 on the examination of the emissions and for the purposes of an application in accordance with § 30 or § 31 of the following: Certificate of an independent auditor according to § 14 on the examination of the tonne-kilometre data. During the examination, the monitoring concept approved in accordance with § 8 (2) shall be used.

(3) In the case of the examination, the Annex 6 and 7 , and the provisions contained in a Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the application of these principles, and any implementing provisions adopted by the European Parliament Commission pursuant to Article 15 of Directive 2003 /87/EC, as amended in 2008 /101/EC, OJ L 327, 31.12.2003, p. No. 3, or the provisions of a Regulation of the European Commission pursuant to Article 15 of Directive 2003 /87/EC, as amended in 2009 /29/EC, OJ L 73, 27.3.2003, p. No. OJ L 140, p. 63.

(4) Each plant owner shall inform the Federal Minister for Agriculture, Forestry, Environment and Water Management before the start of the trading period and upon a change of the test facility in accordance with § § 11 or 14, which independent Test facility has been commissioned to check the message. Each aircraft operator has the Federal Minister for Agriculture, Forestry, Environment and Water Management in each case before the start of a trading period according to § 28, but for the first time up to 30. In the event of a change of the test facility in accordance with § 14, which independent auditor has been assigned the task of examining the report, October 2010. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can be the owner or the aircraft operator shall be informed by the aircraft operator to choose a different test facility where, for example, in the case of sample checks, there are reasonable doubts as to the independence of the facility from the holder of the facility or the aircraft operator.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to recognise the emission reporting in accordance with § 9 as sufficiently tested if a corresponding confirmation of an independent testing facility according to § § 11 or 14 above , and there is no reasonable doubt on the part of the Authority that the correct information has been given on the overall emissions. If doubts cannot be resolved within two weeks, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can carry out a special review of the emission report, the test report and the underlying documents of the Installation or of the aircraft operator in respect of greenhouse gas emissions and, on the basis of this review, the emissions of greenhouse gases from the plant or the aviation activities carried out by the aircraft operator shall be notified in respect of the calendar year for which the emissions have been reported. He can make use of this review of the Federal Environment Agency. The costs of the inspection shall be borne by the plant owner or to be borne by the aircraft operator, if the inspection shows that the notification of the plant owner or of the aircraft operator was inaccurate.

(6) An installation owner or aircraft operator whose emission reporting by 31 March each year from the independent testing facility in respect of the previous year in accordance with Annex 6 or 7 and a Regulation as referred to in paragraph 1 and any implementing provisions adopted by the European Commission in accordance with Article 15 of Directive 2003 /87/EC shall be deemed to have been unsatisfactory or by the Federal Minister for Agriculture and Forestry, Environment and water management until 30 April of each year as provided for in paragraph 5 is not recognised as sufficient, shall not be entitled to transfer emission allowances until a notification of that holder or aircraft operator is satisfactory has been assessed. After 31 March of each year, the register office may carry out emission allowances only if there is a positive audit report and no proceedings are pending as a result of a reasoned doubt as provided for in paragraph 5.

(7) Each plant owner and each aircraft operator shall, at the request of the Federal Minister for Agriculture, Forestry, Environment and Water Management, provide further information, which shall be carried out in the context of a review of the national Greenhouse gas inventors, in accordance with the relevant decisions of the Conference of the Parties to the United Nations Framework Convention on Climate Change, are requested by an international review team to ensure the consistency of the Ensure emission reports with the National Greenhouse Gas Inventory. This information shall be treated in compliance with the secrecy interests of the owner of the plant and the aircraft operators.

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

§ 11. (1) Independent testing facilities are subject to approval by the Federal Minister for Agriculture, Forestry, Environment and Water Management. The prerequisite for admission is the proof of the required subject-specific customer. This evidence shall include the theoretical knowledge and the professional experience of the applicant. The Federal Minister for Agriculture, Forestry, Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has to lay down the requirements for the proof of the technical expertise with a regulation. Applications for authorisation shall be decided within eight weeks.

(2) The following fees shall be payable for the approval of independent testing facilities, experts and individual examiners:

1.

for the authorisation as an independent auditor 1 000 euro,

2.

for admission as a senior auditor, as an expert in analytics, as an expert in data audit and as an expert in process engineering, 500 euros each,

3.

for the admission as a single examiner 1 200 Euro.

For approved environmental expert organisations and individual verifiers in accordance with the Environmental Management Act, BGBl. I n ° 96/2001, as amended, for organisations approved as independent audit bodies for Joint Implementation under Article 6 of the Kyoto Protocol or the Clean Development Mechanism under Article 12 of the Kyoto Protocol , as well as for organisations that have an accreditation in accordance with the Accreditation Act, BGBl. No 468/1992, as amended, or on admission in accordance with the Economic Scatter Trades Act (BGBl) Act. I n ° 58/1999, as amended, or a corresponding foreign accreditation or accreditation, the fee for the authorisation as an independent auditor shall be EUR 500, as an individual auditor 700 euros.

(3) The fees payable by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management shall be paid for the supervision of independent verifiers and individual auditors. Finance, in accordance with the administrative burden associated with it, in lump sums with a Regulation.

Withdrawal of authorisation

§ 12. (1) The Federal Minister of Agriculture, Forestry, Environment and Water Management shall revoke the authorisation as an independent auditor or an individual examiner, if:

1.

subsequently the conditions for admission in accordance with the regulation pursuant to Section 11 (1) of the Regulation shall be abolished or

2.

the authorisation has been made more difficult by untrue information or by the submission of false or falsified documents in the authorisation procedure; or

3.

the verifier or the verifier has infringed the requirement that they are not subject to any commercial, financial or other pressure affecting their judgment or the confidence in their independence and integrity in respect of their activities; may be considered as an independent auditor, or

4.

the test facility or the individual auditor in the course of their activities pursuant to § 10 intentionally or grossly negligently against the requirements laid down in the guidelines of the European Commission pursuant to Article 15 (1) of Directive 2003 /87/EC as amended 2008 /101/EC, OJ L 327, 31.12.2008 No. L 8 p. 3, Annex 3 and of the Regulation in accordance with Section 11 (1).

(2) The approval of an independent testing facility shall be restricted, depending on the nature of the infringement, by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with a decision regarding a member of the testing facility; or shall temporarily be repealed or revoked if:

1.

in the case of proof of the technical customer, untrue information was made or false or falsified documents were used, or

2.

the Member has infringed the requirement laid down in paragraph 1 Z 3.

Supervision

§ 13. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, once in each trading period pursuant to Section 15 (1) of its own Office, to check whether the conditions for admission in accordance with Section 11 (1) remain in force. The supervision shall relate in particular to the proper conduct of the examination in accordance with Section 10 (3). If there is a reasonable suspicion of a breach of the Annex 6 , the Admissions Office shall, without delay, carry out a review on its own account, in accordance with the principles laid down in Article 11 (1) of the Regulation and on the application of the principles laid down in a Regulation.

(2) The independent auditor shall, at the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, provide the Federal Minister for Agriculture, Forestry, Environment and Water Management with the necessary information and shall inform them without delay of any changes which may be made. may have an impact on the authorisation or the scope of the authorisation. On request, the admissions office shall submit the documents necessary for the verification, in particular the appointment by the holder of the plant and reports to the holder.

Independent testing facilities for aircraft operators as well as for plants starting from the 2013 to 2020 trading period

§ 14. Independent testing facilities for emissions from aviation activities and from the reporting for emissions of the year 2013 for the testing of emissions from plants shall require accreditation pursuant to Regulation (EC) No 765/2008 of the European Parliament and Council on the rules for accreditation and market surveillance relating to the marketing of products, OJ L 327, 28.4.2002, p. No. L 218 p. 30. The provisions of a Regulation in accordance with Article 15 of Directive 2003 /87/EC shall apply to accreditation and supervision of independent testing facilities.

Section 4

Allocation and allocation of emission allowances for investments in the trading period 2008 to 2012

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

§ 15. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, and the Federal Minister of Finance, has in objective and transparent manner for the For the period 2008 to 2012, the decision-making basis for the allocation in accordance with § 17 of a national plan, from which the total amount of emission allowances for the trading period, the ratio of this total quantity to the emissions of all other sectors and the allocation of emission allowances to the holders referred to the Installations in which an activity is carried out in accordance with Annex 1 or a regulation pursuant to § 2 para. 4, or which are included in the scope of this Federal Act pursuant to § 2 para. 5, as well as the percentage of emission allowances that will be provided for an auction. In the preparation of the allocation plan, the criteria laid down in Article 17 (2) shall apply in accordance with the applicable criteria.

(2) The national allocation plan shall have a reserve for new entrants in accordance with § 3 Z 6 lit. a to be included. At least 1% of the total quantity of emission allowances should be made available as a reserve. In the allocation plan, provision should be made for at least one date on which the emission allowances remaining in the reserve will be used on the market.

(3) The plan may contain information on the way in which competition with countries or installations outside the European Union is taken into account.

(4) The national allocation plan shall contain a list of the installations covered by this Federal Act, indicating the number of emission allowances provided for each plant.

(5) All installations which have been shown to have submitted a full application for approval by 31 March 2006 at the latest and which are expected to be put into service before the last day of the trading period 2008 to 2012 shall be in the following: The allocation plan for the trading period 2008 to 2012 should be taken into account. The allocation plan shall stipulate that the allocation of emission allowances to these installations shall be made on the condition that the installations are actually put into service. In the case of an installation for which a request for legal authorisation has been submitted by 31 March 2006 at the latest, the emissions resulting from the operation of the installation cannot be determined with sufficient accuracy, the Consideration of this facility in the allocation plan will be waited. In particular, the emissions cannot be determined with sufficient accuracy if the duration of the permit-approval procedure and thus the date of actual start-up are not estimated. For the allocation to installations for which there are no or incomplete or insufficient emission reports, including installations which have been put into service during or after the respective base period, the following factors shall, in any case, be: shall be considered:

1.

the authorized capacity of the plant;

2.

the average capacity utilization in the industry average,

3.

the expected capacity utilization of the facility during the trading period, and

4.

the expected emissions of the plant under the assumption of the application of the state of the art.

(6) The national allocation plan for the trading period 2008 to 2012 shall specify the extent to which the project-related mechanisms of the Kyoto Protocol are to be used to fulfil the obligations of Austria under the Kyoto Protocol, and to determine the percentage of the allocation for the installations or actual emissions in the cases referred to in Article 32 (2), the holders of emission reduction units in accordance with § 3 Z 8 and certified emission reductions according to § 3 Z 9 to the To comply with their obligation pursuant to § 32. The percentage has been in line with the additional obligations of the Republic of Austria under the Kyoto Protocol and the decisions taken under the United Nations Framework Convention on Climate Change and the Kyoto Protocol, in To be consistent.

(7) In the course of the preparation of the national allocation plan, a draft of this plan must, in any event, be brought to the attention of the holders of the installations concerned and of the Federal Ministers in contact with them in their sphere of action. The holders shall be given the opportunity to comment within at least six weeks.

(8) The draft plan revised in the light of the comments received in accordance with paragraph 7 shall be the public, the bodies referred to in paragraph 7 and the interests of the holders, with a six-week period. To make the opinion available. The plan revised in the light of the opinions received shall be published after the consultations have been carried out, notified to the European Commission and sent to the other Member States.

Data base for the National Allocation Plan for the trading period 2008 to 2012

§ 16. In the preparation of the national allocation plan for the trading period 2008 to 2012, the Federal Minister for Agriculture, Forestry, Environment and Water Management has the registered and reported by the holders and the Federal Minister for Agriculture and Forestry, Environment and water management for plausibility verified emissions of the plants according to Annex 1 or § 2 (5) in the years 2002 to 2005. In the event that such reports are not available, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to inform the owner of the notification with the notification. If the base period 2002 to 2005 is not representative of the facility, a different base period may be used in justified cases by disregarding individual years from this trading period. Without prejudice to § 9, a notification of emissions for the year 2005, which has not been verified in accordance with § 10, shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management by 15 February 2006.

Allocation of emission allowances by allocation regulation and allocation modesty

§ 17. (1) For the trading period 2008 to 2012, the Federal Minister for Agriculture, Forestry, Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has six months before the start of the trading period.

1.

the total number of emission allowances allocated for each trading period,

2.

the reserve and the reference date for the recovery of the remaining emission allowances (para. 4),

3.

the percentage of the allocation by which the asset holders are authorised to use certified emission reductions and emission reduction units to meet their obligation under Section 32; and

4.

the allocation of emission allowances to the individual installations

with the allocation regulation. When the allocation regulation is released, all installations which are subject to a full application for the period 2008 to 2012 of 31 March 2006 at the latest 21 months before the beginning of the following trading period are demonstrably applied for The Commission has introduced legal authorisation, which is expected to take place before the last day of the current trading period and whose emissions can be determined with sufficient accuracy. The allocation regulation should specify that the allocation of emission allowances to these installations is carried out on the condition that the installations are actually put into service. In the case of an installation for which a request for legal authorisation has been submitted no later than 21 months before the beginning of the following trading period, the emissions resulting from the operation of the installation cannot be made with sufficient accuracy , it may be waited from the consideration of this Annex in the allocation regulation. In particular, the emissions cannot be determined with sufficient accuracy if the duration of the permit-approval procedure and thus the date of actual start-up are not estimated. In any case, the following factors shall be used for the allocation of installations for which there are no or incomplete or insufficient emission reports, in particular installations which have been put into service during or after the relevant base period. be considered:

a)

the authorized capacity of the plant;

b)

average capacity utilization in the industry average;

c)

the expected capacity utilization of the facility during the trading period; and

d)

the expected emissions of the plant under the assumption of the application of the state of the art.

(2) An allocation regulation according to paragraph 1 has to be taken into account, taking into account § 16, the results of the investigation of the national allocation plan and the requirements and developments within the framework of the European integration process. To meet the following criteria for climate policy objectives:

1.

The quantities of emission allowances to be allocated shall have the potential, including the technical potential, of the activities covered by this Federal Law in accordance with Annex 1 in order to reduce emissions. The allocation shall take into account the expected trend values of the production, energy intensity and carbon dioxide intensity of the activity (business as usual). In the allocation of emission allowances, the average specific greenhouse gas emissions of the fuel, the energy efficiency and the progress achieved in these areas of activity should be taken into account. As part of the exchange of information pursuant to Article 17 (2) of Directive 2008 /1/EC on integrated pollution prevention and control, OJ L 327, 30.11.2008, p. No. 8), as amended by Directive 2009 /31/EC, OJ L 327, 28.12.2009, p. No. L 140 p. 114 of the BAT reference documents (BREFs) or, if there are no such documents for the activity in question, other objective and transparent comparison benchmarks shall be used. The allocation has to take into account the fact that process-related emissions are not affected to the same extent as energy-related emissions. For this reason, for process-related emissions, a different method of calculation for allocation is to be applied than for energy-related emissions. Emissions of greenhouse gases arising from 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-political importance of efficient combined heat and power generation and efficient district heating and its expansion in the field of climate policy. Furthermore, other emission-free or particularly low-emission technologies, including energy-efficient technologies, can be taken into account.

3.

The allocation must be in line with the other legal and political instruments of the European Union and Austria. A significant change in emissions, which is unavoidable as a result of new legal requirements, is to be taken into account.

4.

The allocation shall not treat undertakings or sectors differently in such a way that certain undertakings or activities are unjustified, in particular taking into account the requirements of Articles 107 and 108 of the Treaty on the the functioning of the European Union (TFEU).

5.

The quantities of emission allowances allocated to the industry and energy supply sectors must be compatible with national climate policy. The safety of electrical energy supply should be taken into account.

6.

The amount of emission allowances allocated during the trading period has been set out in the Decision of 25 April 2002 on the ratification by the Community of the Kyoto Protocol, OJ L 327, 28.5.2002, p. No. 1, and the Kyoto Protocol's commitment to reduce its greenhouse gas emissions in the period 2008 to 2012 as compared to 1990. The share of total emissions that these emission allowances correspond to in relation to emissions from sources not covered by this federal law, as well as the national energy and climate policies, must be taken into account. . The quantity of emission allowances to be allocated shall not be higher than the probable need for strict application of the criteria.

7.

The actual and expected progress made in the delivery of Austria's contribution to the Union's commitments is, in accordance with Decision 93 /389/EEC, on a system for the monitoring of carbon dioxide and other greenhouse gases in the Community: OJ L 327 No. 31), and it is necessary to ensure that the quantity of emission allowances allocated in each case is compatible with this assessment.

8.

In order to determine the total number, the criteria of Z 1, 3, 4, 5, 6 and 7, for the assignment at work levels, are the criteria in Z 1, 2, 3 and 4, in the allocation at the plant level, the criteria in Z 1 and 2.

(3) The allocation to the plants resulting from the allocation regulation must be carried out with communication from the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(4) The allocation regulation shall have a reserve for new entrants in accordance with § 3 Z 6 lit. a to be included. At least 1% of the total quantity of emission allowances should be made available as a reserve. If the reserve is not sufficient to cover the allocation to these plants, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have the necessary budgetary resources in accordance with the budget available under the respective Federal Finance Act. To buy emission allowances and make them available to the owners of the plant free of charge. The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be informed of the allocation from the reserve. The application for allocation from the reserve shall be submitted within six weeks following the approval of the plant, in the case of installations which already have a legal permit at the time of the presentation of this Federal Law, within six weeks. according to the customer's notice, and shall contain information in accordance with the last sentence of paragraph 1 (a), (c) and (d), as well as in accordance with Article 5 (1) (1) and (2), as well as information on the date of the prospective commissioning. The application shall be attached to the application for approval. Applications for allocation from the reserve shall be submitted after the date of the authorisation of the application for legal authorisation. The allocation regulation has to provide for more detailed rules on the allocation of these emission allowances, taking into account the fact that those new entrants who obtain a permit in accordance with § § 4 and 6 at the beginning of the respective trading period shall be taken into account. have a greater need for emission allowances. From the 1% fixed reserve, emission allowances are to be recognised as long as the reserve has emission allowances. For applications submitted after 31 December 2010 at the Federal Ministry for Agriculture, Forestry, the Environment and Water Management, a consolidation factor of not more than 0.5 may be used in the calculation of the budget, depending on the available budgetary resources. Allocation is applied. The allocation regulation shall be subject to at least one date on which the remaining emission allowances shall be used on the market. The proceeds are for climate protection measures according to the Environmental Promotion Act-UFG, BGBl. No 185/1993, in the version in force.

Allocation Method

§ 18. In the trading period 2008 to 2012, at least 90% of the emission allowances shall be allocated free of charge. To the extent that this is appropriate in order to promote an efficient market for emission allowances, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can take part from the above with 1. The national allocation plan in force in January 2008 sets out a percentage of the emission allowances to be auctioned in this plan. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to determine the modalities for this auctioning with a regulation. The revenues from auctioning are to be paid to the federal government.

Allocation of emission allowances

§ 19. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has until 28 February of each year from 2005 to make a reservation of part of the total quantity of emission allowances on the account of each installation for which a permit pursuant to § 4 shall be maintained in the register. The number of emission allowances awarded annually is set for the period 2008 to 2012 in the Regulation and the certification according to § 17 (3) and (4). The total number of emission allowances received by an asset holder for the trading period shall in principle be divided into as many equal parts as the years of the trading period in which the plant is in operation.

(2) If, after the annulment of a notification by a court of public law, the issue of a new date for the booking of the emission allowances shall not be made on the account of the owner of the plant before the next date of the date of the closing date of the date of entry into force. , the booking shall also be made without a final notification of the assignment. Any missing emission allowances are to be booked on the account for the facility after the new allocation modesty has been issued, any surpluses shall be returned by the plant owner after the release of the new allocation modest.

(3) The change of the holder shall be indicated to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(4) holders of installations shall be assigned the emission allowances as long as the permit is maintained in accordance with § § 4 or 6. No free emission allowances shall be issued for decommissioned installations in accordance with § 4 (7). The Federal Minister for Agriculture, Forestry, Environment and Water Management issues the allocation of emission allowances from the year following the year of decommissioning. Emission allowances, which are no longer awarded on the basis of the decommissioning of an installation pursuant to § 4 (7), shall be supplied to the reserve in accordance with section 17 (4). Emission certificates that have been booked on the account of the facility before the Federal Minister of Agriculture, Forestry, Environment and Water Management is informed of the decommissioning of the plant shall be returned by the plant owner. By way of derogation, the holder of an installation which is deemed to have been decommissioned pursuant to Article 4 (7) may request that the emission allowances allocated for the plant for the further years of the period 2008 to 2012 pursuant to Article 17 (1) Z 4 be applied to a new one. Market participants according to § 3 Z 6 lit. a of the same holder can be transferred to the extent of the corresponding plant capacity at a maximum, with the simultaneous renunciation of the allocation of emission allowances from the reserve. The Federal Minister of Agriculture, Forestry, the Environment and Water Management will be informed of a corresponding request for transfer. In the case of authorisation, an allocation from the reserve for the new facility shall be excluded. If the owner of the plant proves that the set-aside is replaced by a new installation of the same owner, which does not cause any or no significant emissions of greenhouse gases and does not require authorisation in accordance with § 4, the holder may: Federal Minister for Agriculture, Forestry, the Environment and Water Management, with a communication, recognize that the assigned emission allowances will continue to be allocated to the plant owner for the further years of the period.

(5) The holders of installations which have been taken into account in the allocation regulation pursuant to Article 17 (1) or have received an allocation from the reserve in accordance with section 17 (4) shall be obliged to ensure the actual start-up of the plant to the Federal Minister for Report on agriculture, forestry, the environment and water management. By way of derogation from paragraph 1, the reservation of emission allowances shall be made within four weeks after the date of such notification. If the plant is not put into service in the year before or during the allocation period, which it has indicated to the Federal Minister for Agriculture, Forestry, Environment and Water Management in the allocation process, the Emission allowances for the year or Allocated the years before the actual start-up, supplied to the reserve in accordance with section 17 (4).

Section 5

Allocation and allocation of emission allowances to installations for trading periods from 2013

Trading periods

§ 20. From 2013 onwards, trading periods shall cover installations in which activities are carried out in accordance with Annex 3 shall be carried out, each over eight-year periods. The trading period, which is 1. January 2013 begins, ending on 31 December 2020.

Auctioning of emission allowances

§ 21. From the trading period of 2013 to 2020, all certificates which are not allocated free of charge in accordance with the provisions of this Federal Act and the regulations issued thereto, and which are granted by the Republic of Austria pursuant to Article 10 (2) of the Directive 2003 /87/EC, by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in accordance with Commission Regulation (EU) No 1031/2010 on the timing and administrative procedures and other Aspects of auctioning of greenhouse gas emission allowances in accordance with the Directive 2003 /87/EC No. L 302 p. 1. Auctioning shall take place via an auction platform ordered in accordance with Chapter VII of Regulation (EU) No 1031/2010. In accordance with Art. 22 of Regulation (EU) No 1031/2010, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, has to appoint a suitable position as auctioneer. The revenues from auctioning are to be paid to the federal government.

Principles for the transitional free allocation of emission allowances

§ 22. (1) From the trading period of 2013 to 2020, the allocation of free emission allowances shall take place in accordance with § 4 of the approved annexes in accordance with § § 23 to 25.

(2) No entitlement to free allocation exists for

1.

installations covered by this federal law in relation to electricity production, with the exception of electricity produced from residual gases,

2.

Electricity producers as well as installations for the deposition of carbon dioxide, pipelines for the transport of carbon dioxide or carbon dioxide storage sites.

(3) By way of derogation from paragraph 2 (2) (2), for cogeneration as defined in Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92 /42/EEC, OJ L 327, 30.4.2004, p. No. 50), as amended by Regulation (EC) No 219/2009, OJ L 327, 31.12.2009, p. No. 109, allowances are allocated free of charge in relation to heat and cold production.

Regulation on the transitional free allocation of emission allowances

§ 23. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has taken into account the decision of the Federal Minister for Economic Affairs and the Environment (EU) No. 278/2011 on the establishment of the Union Transitional provisions on the harmonisation of the free allocation of emission allowances under Article 10a of Directive 2003 /87/EC, OJ L 73, 27.3.2003, p. No. 1), to lay down detailed rules for the calculation of the free allocation of installations pursuant to Article 22 (1) and (3). In particular, this Regulation shall govern:

1.

the reference period, the activity rates of which are relevant for the free allocation, and the determinations of those cases in which the reference period shall be dismissed from that reference period;

2.

the collection of data necessary for the calculation of the free allocation quantity, including the requirements for such data;

3.

the detailed determination of the requirements for the verification of the data by independent testing facilities;

4.

product-related reference values for each product unit produced, expressed in emission allowances per tonne;

5.

a reference value for measurable heat, expressed in emission allowances per terajoule;

6.

a reference value for fuel use, expressed in emission allowances per terajoule;

7.

the determination of those cases where, by way of exception, an allocation is made on the basis of reference values in accordance with Z 4 to 6, or where separate allocation rules exist, and the methods used in these cases;

8.

the method of calculating the amount of free allocation;

9.

the percentage of the percentages for the sectors and sub-sectors for which there is no significant risk of carbon dioxide emissions to be applied each year; this percentage shall be 80% in 2013; Quantity calculated according to Z 1 to 8. By 2020, the free allocation shall be reduced year by year by the same amount up to 30% of this quantity;

10.

a list of sectors or sub-sectors for which a significant risk of carbon dioxide emissions has been identified in accordance with Article 10a (13) of Directive 2003 /87/EC; for installations in such sectors or sub-sectors by way of derogation from Z 9 in 2013 and in each of the subsequent years, the provisional free allocation shall be 100% of the quantity calculated on the basis of Z 1 to 8;

11.

More detailed provisions on substantial capacity extensions, substantial reductions in capacity and substantial reductions in activity rates;

12.

more detailed rules on allocation to new entrants, including calculation methods.

Procedures for the transitional free allocation of emission allowances

§ 24. (1) Each holder of an inventory for which a free allocation is eligible pursuant to Article 22 (1) and (3) has the Federal Minister for Agriculture, Forestry, Environment and Water Management no later than eight weeks after the entry into force of this Federal law to submit data checked by an independent auditor, which is required for the calculation of the provisional allocation. The complete transmission of this data shall be considered as a request for free allocation. Holders of existing facilities pursuant to § 3 Z 5 lit. a, which are not yet in operation at the time of the entry into force of this federal law, may also submit a request for free allocation without the submission of verified data.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to draw up a list no later than twelve weeks after the entry into force of this Federal Law, in which all the installations covered by this Federal Act as well as those for each Annex entitled to free allocation, for which an application has been submitted in accordance with paragraph 1, in accordance with the Regulation in accordance with § 23 calculated provisional quantity of emission allowances to be allocated for free in the period 2013 to 2020 for free are to be found. The Federal Minister for Agriculture, Forestry, Environment and Water Management can serve for the implementation of the data collection and calculation of the Federal Environment Agency. The Federal Minister for Agriculture, Forestry, Environment and Water Management has to publish the list on the website of the Federal Ministry of Economics and Agriculture and to submit it to the European Commission. For the purpose of transmission to the European Commission, the list shall be supplemented by further information to be laid down in the Regulation in accordance with Article 23. The calculation of the provisional allocation quantity, the publication and the transmission to the European Commission does not result in any legal entitlement to the allocation.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to provide for a cross-sectoral correction factor by means of a regulation, provided that such a correction factor is provided by the European Commission pursuant to Article 10a (5) of Directive 2003 /87/EC on the market. The cross-sectoral correction factor shall be applied in the calculation of the allocation to existing installations, except for the allocation of installations in accordance with Article 22 (3). In the calculation of the annual allocation to installations pursuant to § 22 (3), from 2014 onwards, the Annex 8 shall apply to the factors indicated for the year in question.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have the plants for which an application has been submitted in accordance with paragraph 1, calculated in accordance with the Regulation in accordance with Section 23 and of an all-due regulation pursuant to Section 3 to be allocated free emission allowances by means of a communication.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the amount of free emission allowances allocated in accordance with paragraph 4.

1.

in the case of substantial reductions in capacity in accordance with the Regulation referred to in Article 23,

2.

in the case of substantial reductions in the activity rate in accordance with the Regulation in accordance with § 23,

3.

in the case of decommissioning pursuant to § 27

4.

in the case of changes to the list of sectors and sub-sectors which are assumed to be exposed to a significant risk of carbon dioxide emissions, in accordance with the Regulation referred to in Article 23, provided that such emissions are: have an impact on the calculation of the allocation, and

5.

for changes in the total allocation of free allowances in the European Emissions Trading Scheme

to be adapted. The adjustment of the allocation shall be carried out in each case beginning with the calendar year following the year of an event within the meaning of Z 1 to 5.

(6) Planned or actual changes in capacity and operation, as well as significant changes in the activity rate, shall be sent by the holder of the plant without delay, but no later than 31 December of the year in question to the Federal Minister of Land and Land. Forestry, the environment and water management.

New entrants

§ 25. (1) New entrants may apply for the allocation of free emission allowances in accordance with the principles of § 22 and the Regulation in accordance with § 23 of the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) Applications referred to in paragraph 1 shall be submitted no later than within one year after the establishment of the normal operation of the installation or for installations according to § 3 Z 6 lit. b sublit. bb of the changed operation of the plant for which an assignment is requested to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(3) An application as referred to in paragraph 1 shall contain:

1.

all relevant information and data on the parameters set out in the Regulation in accordance with Section 23;

2.

for installations according to § 3 Z 6 lit. b sublit. bb supporting documents showing that the criteria for an essential capacity extension have been met, in particular the additional capacity and the initial installed capacity,

3.

the day of the installation of the normal operation of the plant, or for installations according to § 3 Z 6 lit. b sublit. bb of the changed operation of the plant;

4.

a certificate issued by an independent auditor for the verification of the particulars referred to in Z 1 to 3, and

5.

Further relevant data, if requested by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall calculate the provisional amount of the emission allowances to be allocated for free of charge annually in accordance with the Regulation in accordance with § 23, and at the latest four weeks after To pass on to the European Commission a full application as referred to in paragraph 3 of this Article. The Federal Minister for Agriculture, Forestry, Environment and Water Management can serve the calculation of the Federal Environment Agency. The calculation of the provisional allocation quantity and the transmission to the European Commission does not result in any legal entitlement to the allocation.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, subject to and subject to the availability of emission allowances from the Union-wide reserve, the plants for which an application has been submitted in accordance with paragraph 1 of this Article. pursuant to Article 10a (7) of Directive 2003 /87/EC, to be informed by means of the free emission allowances calculated in accordance with the Regulation in accordance with Article 23. The communication also has the installed initial capacity as well as for installations according to § 3 Z 6 lit. b sublit. bb also set the additional capacity. In the calculation of the annual allocation to new entrants, from 2014 onwards, the Annex 8 shall apply to the factors indicated for the year in question. A possible adjustment of the allocation shall be carried out with the appropriate application of Section 24 (5).

Allocation of emission allowances

§ 26. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has until 28 February each year to arrange for the emission allowances to be booked on the account of each installation for which a permit pursuant to § 4 exists. The number of emission allowances issued each year shall be determined in the cases in accordance with § § 24 (4) and (5) and 25 (5).

(2) A change of the holder of an installation shall be notified immediately to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(3) Plant holders shall be assigned the emission allowances as long as the operation of the plant is maintained. No free emission allowances shall be issued for decommissioned installations in accordance with § 27. The Federal Minister for Agriculture, Forestry, Environment and Water Management issues the allocation of emission allowances from the year following the year of decommissioning. Emission certificates that have been booked on the account of the facility before the Federal Minister of Agriculture, Forestry, Environment and Water Management is informed of the decommissioning of the plant shall be returned by the plant owner.

(4) By way of derogation from paragraph 1, the booking of emission allowances for installations which are granted an allocation in accordance with § 25 shall be made for the first time within four weeks after the date of the release of the decision pursuant to Section 25 (5) of this Regulation.

(5) If, after the annulment of a decision pursuant to § § 24 (4) and (5) or 25 (5) by a court of law of the public law, the release of a new date does not apply before the next deadline for the booking of the emission allowances to the Account of the holder of the asset can be made, the booking must also be made without a final notification of the assignment. Any missing emission allowances are to be booked on the account of the owner of the plant after the new allocation certificate has been issued, any surpluses must be returned by the owner of the plant after the new allocation modesty has been issued.

Decommissioning

§ 27. (1) An installation shall be deemed to have been shut down if:

1.

the operation of the plant is impossible from a technical point of view, or

2.

the plant is not in operation, but was previously in operation, and the holding cannot be resumed for technical reasons, or

3.

the plant is not in operation but previously in operation, and the owner of the plant cannot make it credible that the plant will resume its operation within six months of the establishment of the establishment. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may extend this period up to 18 months if the plant owner can prove that the plant is operating due to exceptional and unforeseeable circumstances, which, even with due diligence, could not have been prevented and which are outside the control of the holder of the installation concerned, and in particular due to circumstances such as natural disasters, war, war threats, terrorist attacks, revolutions, unrest, acts of sabotage or property damage, within six months.

(2) (1) (3) does not apply to installations which are held in reserve or readiness and for seasonal installations, provided that:

1.

the owner of the plant is in possession of a greenhouse gas emission permit and of any other relevant authorisations; and

2.

it is technically possible to put the plant into operation without the need for substantial physical changes to this effect, and

3.

the system is regularly maintained.

(3) The allocation of emission allowances to installations in accordance with paragraph 1 Z 3 shall be suspended for as long as it is not established whether the plant will resume its operation.

6.

Allocation and allocation of emission allowances for aviation activities

Trading periods for air transport

§ 28. (1) The first trading period for activities referred to in Annex 2 begins on 1. January 2012 and ends on 31 December 2012.

(2) The second trading period for activities referred to in Annex 2 begins on 1. January 2013 and ending on 31 December 2020.

Allocation of emission allowances to aircraft operators through auctioning

§ 29. In the first and second trading periods according to § 28, the number of emission allowances allocated to the Republic of Austria pursuant to Art. 3d para. 3 of Directive 2003 /87/EC is in each case established by the Federal Minister for Agriculture and Forestry, Environment and water management. The revenues from auctioning are to be paid to the federal government.

Allocation and allocation of emission allowances to aircraft operators

§ 30. (1) For each trading period according to § 28, each aircraft operator may apply to the Federal Minister for Agriculture, Forestry, Environment and Water Management for the free allocation of emission allowances by 31 March 2011. The application shall, in accordance with Article 10 (2), have verified the tonne-kilometre data for the air transport activities carried out by this aircraft operator Annex 2 to be included in the review year. Review year for the first and second trading period is 2010.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the European Commission to submit applications in accordance with Section 1 for the first and second trading period according to § 28 to 30 June 2011.

(3) Within three months of the date on which the European Commission makes a decision pursuant to Article 3e (3) of Directive 2003 /87/EC, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall provide the following data: Calculate and publish:

1.

the number of emission allowances allocated to each aircraft operator whose application has been submitted to the European Commission in accordance with paragraph 2 for the period in question for the relevant trading period. The calculation shall be carried out by multiplying the tonne-kilometre indicated in the application by the reference value established by the European Commission in accordance with Article 3e (3) of Directive 2003 /87/EC;

2.

the emission allowances allocated to each aircraft operator for each year, the number of which shall be determined by dividing the total of emission allowances calculated in accordance with Z 1 for the trading period in question by the number of years in the Trading period in which the aircraft operator shall carry out an air transport activity in accordance with Annex 2 , it is to be determined.

(4) Before the start of each trading period, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall assign the free emission allowances, calculated in accordance with paragraph 3, to the aircraft operators with a notification. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has until 28 February of each year from 2012 to book the number of emission allowances that each aircraft operator pursuant to paragraph 3 Z 2 or from the special reserve in accordance with § 31 6 (2) for the year in question have been assigned to the account of the aircraft operator in the register (§ 43).

Special reserve for certain aircraft operators

§ 31. (1) An aircraft operator may, with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, assign a free allocation of emission allowances from the special reserve, which the European Commission has adopted pursuant to Art. 3f of the Directive 2003 /87/EC is established and administered for the second trading period, if:

1.

the aircraft operator shall carry out an air transport activity in accordance with Annex 2 after the 2010 review year, or

2.

the tonne-kilometre of the aircraft operator has increased by an average of more than 18% per year between the review year and 2014.

(2) An application as referred to in paragraph 1 shall be admissible only if the activity of the aircraft operator pursuant to paragraph 1 (1) (1) or the additional activity referred to in paragraph 1 (1) (2) is not, in whole or in part, a continuation of an air transport activity previously carried out by a other aircraft operators.

(3) A request must be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management until 30 June 2015. In the case of an allocation to an aircraft operator in accordance with paragraph 1 (1) (2), no more than 1 000 000 emission allowances may be awarded.

(4) An application as referred to in paragraph 1 shall contain the following information:

1.

Verified tonne-kilometre data referred to in Annexes 5 and 7 for the aviation activities carried out in accordance with Annex 2 , which the aircraft operator carried out in 2014,

2.

the proof that the criteria referred to in paragraph 1 are met, and

3.

in the case of an application as referred to in paragraph 1 Z 2:

a)

an indication of the percentage increase in the air transport activity of the aircraft operator in tonne-kilometres between 2010 and 2014,

b)

the absolute increase in the air transport activity of the aircraft operator in tonne-kilometres between 2010 and 2014; and

c)

the absolute increase in the air transport activity of the aircraft operator in tonne-kilometres, which exceeds the percentage of 18% referred to in paragraph 1 Z 2, between the year 2010 and 2014.

(5) By 15 December 2015, the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the European Commission has to submit the applications submitted in accordance with paragraph 3 of the first sentence in due time.

(6) Within three months of the date on which the European Commission shall adopt a decision on the indicative value referred to in Article 3f (5) of Directive 2003 /87/EC, the Federal Minister for Agriculture, Forestry, the Environment and Water Management the following data shall be calculated and published:

1.

the allocation of emission allowances from the special reserve to each aircraft operator, the application of which has been submitted pursuant to paragraph 3 of the European Commission. This allocation shall be calculated in the following way:

a)

in the case of an aircraft operator pursuant to paragraph 1 (1) (1), by multiplying the indicative value by the tonne-kilometre data contained in the application submitted to the European Commission;

b)

in the case of an aircraft operator as referred to in paragraph 1 (2), by multiplying the reference value by the absolute increase in tonne-kilometres, which exceeds the percentage of 18% specified in paragraph 1 Z 2 and which is the subject of the European Commission's request is indicated;

2.

the allocation of emission allowances to each aircraft operator for each year which is calculated by dividing the allocation of emission allowances to an aircraft operator by Z 1 by the number of full calendar years in of the second trading period.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to communicate the emission allowances to the aircraft operators.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has increased the emission allowances from the special reserve, which have not been allocated, to the Republic of Austria.

Section 7

Emission, transmission and cancellation of emission allowances

Emission allowances for installations

§ 32. (1) The holder of a plant approved in accordance with § 4 shall be obliged to provide for the number of emission allowances for the plant by 30 April of each year from 2006 at the latest by the Federal Minister for Agriculture, Forestry, the Environment and Water Management , which corresponds to the total emissions of the installation in the preceding calendar year as verified in accordance with Section 10. These emission allowances shall then be deleted. Emission allowances transferred in accordance with Section 34 (1) may be used for the performance of the obligations of an owner. Emission allowances according to 6. Section or pursuant to Chapter II of Directive 2003 /87/EC has been allocated and booked, cannot be used for the fulfilment of the obligations of a holder.

(2) Those who are after 1. January 2005 an activity in accordance with Annex 1 or in accordance with a regulation pursuant to Article 2 (4) or (1). January 2013 an activity in accordance with Annex 3 shall, at the latest on 30 April following the release of a decision in accordance with Article 52 (1) (1) (1) against the holder, shall have emission allowances for the period during which the plant has emitted greenhouse gases without authorisation; To issue emissions to the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Emission allowances for aircraft operators

§ 33. Every aircraft operator is obliged to submit the number of emission allowances to the Federal Minister for Agriculture, Forestry, Environment and Water Management until 30 April of each year from 2013. The number of emission allowances is verified according to § 10 of the German Federal Ministry of Agriculture and Forestry. Total emissions of the aircraft operated by it in the previous calendar year. The emission allowances issued under this paragraph shall then be deleted. Emission allowances transferred in accordance with Section 34 (1) may be used for the performance of the obligations of an aircraft operator.

Transmission and deletion of emission allowances

§ 34. (1) Emission certificates in accordance with this Federal Act, which are made up of other Member States of the European Union and of third countries listed in Annex B to the Kyoto Protocol, which have ratified the Kyoto Protocol and with which an agreement of the European Union for the mutual recognition of emission allowances, shall be 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 where such emission allowances are recognised by virtue of an agreement for mutual recognition;

Transferable. For the purposes of this law, a transfer is only legally effective with the entry in the register (§ 43). Entry in the register may be effected only if the transferor is empowered to transfer the corresponding number of emission allowances and, if the registration is not an objection of the central administrator pursuant to Article 20 (3) of the Directive 2003 /87/EC.

(2) As long as a holder of an installation or an aircraft operator is responsible for issuing the quantity of emission allowances corresponding to its emissions in accordance with § § 32 or 33 to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in It is not entitled to transfer emission allowances to third parties.

(3) Emission certificates may be deleted at any time at the request of the owner of an installation or of an aircraft operator by the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

8. Section

Credits

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

§ 35. In the trading period from 2008 to 2012, certified emission reductions and emission reduction units issued under the United Nations Framework Convention on Climate Change and the Kyoto Protocol may be subject to a The provisions of this Federal Act shall be used to fulfil the obligations of a holder of an installation pursuant to § 32 (1) and (2).

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

§ 36. In the 2012 trading period, aircraft operators may have certified emission reductions and emission reduction units to the extent of up to 15% of the number of allowances they have to surrender in accordance with § 33, in order to comply with the obligations laid down in § 33 .

Use of credits for the trading period from 2013 to 2020

§ 37. Without prejudice to the provisions of § 39, plant owners and aircraft operators may use the following credits for the fulfilment of the obligations pursuant to § § 32 and 33 during the trading period 2013 to 2020:

1.

certified emission reductions and emission reduction units for emissions reductions until 31 December 2012, provided that the conversion of these credits into emission allowances according to § 40 is requested by 28 February 2015 at the latest,

2.

certified emission reductions and emission reduction units from before 1. January 2013 registered projects for emission reductions in the period from 2013 onwards,

3.

certified emission reductions for emission reductions from new projects starting from 1. January 2013 will be carried out in the least developed countries, and

4.

Credits according to § 39 (2).

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

§ 38. (1) Inventory according to § 3 Z 5 lit. a can use credits according to § 37 to an extent that, in relation to the entire period from 2008 to 2020, allocated the volume of 11% of them with an allocation decision in accordance with § 17 paragraph 3 for the trading period 2008 to 2012 Emission certificates do not exceed.

(2) New market participants for trading periods as of 2013, new entrants in the period from 2008 to 2012, which do not grant free allocation or use of certified emission reductions and emission reduction units in the Period from 2008 to 2012, and existing facilities according to § 3 Z 5 lit. b can use credits according to § 37 up to a level of 4.5% of their audited emissions for the period from 2013 to 2020.

(3) Aircraft operators may use credits in accordance with § 37 insofar as they have not exhausted the extent of use permitted to them in accordance with § 36 for the first trading period. In addition, they can use credits according to § 37 up to a volume of 1.5% of their audited emissions in the period from 2013 to 2020.

(4) On the basis of the extent set out in paragraphs 1 to 3, installations and aircraft operators may use credits in accordance with § 37, provided that and to the extent that such use is made in the case of the European Commission Implementing provisions of Article 11a (8) of Directive 2003 /87/EC, insofar as they are directly applicable, or in a Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Qualitative limitations and extensions of the use possibilities of credits

§ 39. (1) The use of credits excludes certified emission reductions and emission reduction units derived from nuclear facilities or from project activities in the areas of land use, land use change and forestry. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has adopted a regulation on the restriction of the use of certain credits from project types as of 1 January 2008. January 2013, when such measures are specified by the European Commission implementing rules in accordance with Article 11a (9) of Directive 2003 /87/EC and are not directly applicable.

(2) Insofar as the European Union concludes agreements with third countries pursuant to Article 11a (5) of Directive 2003 /87/EC, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has decreed for the 2013 to 2020 trading period with Regulation ensure that credits from projects or other emission-reducing activities carried out under these agreements may be used in accordance with the provisions of those agreements.

(3) Plant owners and aircraft operators may use credits for projects to reduce emissions in other Member States of the European Union during the trading period 2013 to 2020 for the fulfilment of the obligations under § § 32 and 33. pursuant to Article 24a of Directive 2003 /87/EC, provided that such use is made possible in the implementing rules of the European Commission pursuant to Article 24a of Directive 2003 /87/EC.

Conversion of credits

§ 40. If an owner of the plant is to fulfil his obligations pursuant to § 32 or if an aircraft operator uses credits according to § 37 for the performance of his obligations in accordance with § 33, the Federal Minister for Agriculture, Forestry, Environment and Water management to issue an immediately re-issued emission certificate in exchange for a credit. Credits used for the performance of their obligations pursuant to § 32 or by aircraft operators for the performance of their obligations pursuant to § 33 during a period of trading shall be deleted in the register. In exchange for credits according to § 37 Z 1, emission allowances may be awarded by 31 March 2015 at the latest.

Project actions

§ 41. § 38 UFG in the Kyoto Protocol, for which the recognition of Austria as a contracting party pursuant to Annex 1 of the United Nations Framework Convention on Climate Change is sought, in accordance with Article 6 and Article 12 of the Kyoto Protocol. the applicable version as well as the guidelines in accordance with § 43 UFG.

Section 9

Validity, registration and legal status of emission allowances

Validity of emission allowances

§ 42. (1) The emission allowances shall be valid for each trading period for which they are awarded.

(2) Four months after the beginning of each trading period, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has emission allowances which are no longer valid and are not submitted and deleted in accordance with § § 32 or 33 or according to § 34 para. 3 deleted, deleted. As a substitute for these emission allowances, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to award emission allowances for the current trading period to the plant owners and aircraft operators.

Register

§ 43. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall keep a register until the time of availability of the Union Registry in accordance with Article 19 of Directive 2009 /29/EU, but at any rate until 31 December 2011, in order to: to ensure accurate accounting for the award, possession, transfer and cancellation of emission allowances. From the time of the availability of the Union Registry, it shall have to use it. In accordance with an appropriate procedure, which is carried out in agreement with the Federal Minister for Economic Affairs, the Family and Youth and the Federal Minister for Finance, the Council has a regulation with the technical implementation of the register and/or to commission a register office in the Union Register, which also performs the function in accordance with § 47 UFG. The register shall be established in accordance with Regulation (EC) No 2216/2004 on a standardised and secure registration system in accordance with Directive 2003 /87/EC and Decision 280 /2004/EC, OJ L 327, 30.11.2003, p. No. 1., in the form of standardised electronic databases containing common data elements for the pursuit of the award, possession, transfer and cancellation of emission allowances, in order to ensure access to the public and to the appropriate Confidentiality and to ensure that transfers are not carried out which are incompatible with the obligations under the Kyoto Protocol, in accordance with Article 19 (3) of Directive 2003 /87/EC.

(2) Plant holders and aircraft operators shall have the reporting obligations pursuant to Article 15 of Regulation (EC) No 2216/2004 and/or from 1. Jänner 2012 pursuant to Articles 15 and 16 of Regulation (EU) 920/2010, OJ L 201, 31.7.2010, p. 270 p. 1, to be complied with by the register.

(3) In the event of serious reasons, such as criminal proceedings for offences committed against foreign assets, against the reliability of documents and evidence or against the security of the traffic with money, securities and tokens The register office may refuse to open a personal account in the register, or if a criminal conviction is present against the applicant, or if there is a criminal conviction against the applicant, and if the applicant is presented with false documents. In order to verify the presence of serious reasons, the Registry may provide for a certificate of criminal record or an equivalent confirmation of a judicial or administrative authority in the State in which the applicant is responsible. habitual residence, which must contain mandatory information on criminal convictions against the applicant. If the applicant is a legal person in whose country of residence the issuing of a certificate of criminal record or equivalent confirmation of a judicial or administrative authority for legal persons is not possible, the applicant shall be able to: a certificate of criminal record or an equivalent confirmation of a judicial or administrative authority with regard to the natural person empowered to represent the legal person.

(4) The provisions of Sections 38 (2) (2) and (41) (3b), (4) (3) and (4) (4) at the end (after Z 6), (7) and (8) of the Federal Elections Act shall apply to the register in accordance with the relevant provisions.

Legal nature of emission allowances

§ 44. The emission allowances have the legal character of a commodity and can be traded on stock exchanges.

Section 10

Small installations

Exception for small-scale installations

§ 45. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, on the basis of an application by a holder of a facility in which an activity is carried out in accordance with Annex 3 , the emissions of which have not exceeded 25 000 tonnes of carbon dioxide equivalent in the years 2008 to 2010, and of which the total fuel heat output is not 35 MW, provided that it is a combustion plant. shall conclude an environmental agreement with which this Annex will apply from 2013 on the application of the 5. Section with the exception of section 24 (1) to (3) and 6 (6). up to 9. Section is excluded. An agreement of this kind may also be concluded with a group of holders of assets on the basis of a joint application.

(2) The environmental agreement shall set maximum emissions in the period 2013 to 2020, with which an emission allowance trading system shall contribute at least equivalent to the emission reduction and, in the event of the excess of the emissions from the emissions trading system, shall be subject to the following conditions: to provide for maximum measures in accordance with paragraphs 7 and 8. It shall be taken into account whether the installations are allocated to sectors or sub-sectors which are referred to in the list in accordance with section 23 (10). The maximum quantities shall be fixed for each individual year of the period, and for the purpose of compliance, it may also be possible to provide for multi-annual reporting periods. In the case of a group of installations, it is also possible to provide for maximum overall quantities for the group.

(3) The obligation to supply emission allowances in accordance with § 32 for emissions before 1. Jänner 2013 shall not be affected by the conclusion of an environmental agreement in accordance with paragraph 1. For the years from 2013 onwards, the Federal Minister for Agriculture, Forestry, the Environment and Water Management will not issue any further free allowances in accordance with § 24 of the Environmental Agreement.

(4) § § 7 to 10 are to be applied in any case for installations subject to an agreement in accordance with paragraph 1.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has provided the European Commission with a list of the installations referred to in paragraph 1, including the indication of the equivalent contribution to the reduction of emissions in accordance with paragraph 2 by the latest 30 September 2011.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the list of installations for which an environmental agreement applies, the equivalent measures laid down therein and the names of the installations referred to in paragraph 5 on the Internet site of the Federal Ministry of the Interior.

(7) In the case of emissions declared in accordance with § 9 of an installation, the maximum amount of emissions specified in the agreement shall be exceeded by the owner of the plant per tonne of excess over the average of the average in the year or year of the agreement. to pay a 50% surcharge in accordance with § 21 of the auction carried out during the years of exceeding of the auction. This surcharge shall be waited for the exceedances of the maximum set of emission allowances laid down between the said maximum quantity and the quantity of allowances calculated in accordance with Article 23 (1) to (8). The Federal Minister for Agriculture, Forestry, Environment and Water Management has to prescribe the payment with a communication.

(8) Where an agreement is concluded with a group of installations, exceedances of the agreed maximum quantities of individual installations shall be insignificant as long as there is an overall maximum quantity for the group and the maximum quantity is not exceeded. In the event of the maximum overall quantity being exceeded, the holders of those installations shall be required to make payments in which the agreed maximum quantity has been exceeded, unless an internal compensation by a trustee is carried out. Payments may be made by a trustee, provided that the environmental agreement provides for this. If the agreement does not provide for this, or the trustee does not pay the payment within two weeks after the request has been made, despite the written request of the Federal Minister for Agriculture, Forestry, Environment and Water Management, the Federal Minister for Agriculture, Forestry, Environment and Water Management to prescribe the payment to the relevant plant owners.

(9) In the case of litigation arising out of an environmental agreement as referred to in paragraph 1, a regular administrative procedure shall be carried out.

(10) In the event that an installation subject to an environmental agreement as referred to in paragraph 1 emits 25 000 tonnes of carbon dioxide equivalent or more (excluding emissions from biomass) in a calendar year, or the measures to be taken on that installation, Where an equivalent contribution to the reduction of emissions is achieved, no longer in force, this facility shall be fully subject to the provisions of this Federal Law from the following year. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has said this with a notice.

(11) If an installation according to paragraph 10 is again included in the emissions trading scheme, the emission allowances calculated pursuant to § 23 and Article 24 (3) shall be subject to the year of re-establishing the emission allowance under the appropriate conditions. To allocate the application of section 24 (4) and (5). The facility shall remain in the emissions trading scheme for the remainder of the trading period.

11.

Final provisions

Emission limit values

§ 46. (1) The authority responsible for the approval of installations under the conditions laid down in Article 4 iVm Chapter II of Directive 2010 /75/EU on industrial emissions, in accordance with the applicable administrative provisions of the Federal Republic of Germany, OJ L 378, 31.12.2010, p. No. 17, require no emission limit values for direct emissions of the greenhouse gases referred to in this Regulation, unless otherwise specified in a Regulation pursuant to Article 2 (4) of this Federal Law, unless: this is necessary to ensure that no significant local environmental pollution is brought about.

(2) In the event that already granted authorisations for installations listed in paragraph 1 of this Article contain emission limit values for direct emissions of the greenhouse gases referred to in a regulation pursuant to Article 2 (4), the Authority shall have the approval certificate in such a way as to ensure that the authorisation of the competent authority is so , that these emission limit values will no longer apply in future to those installations, except that compliance with these emission limit values is necessary in order to avoid significant local pollution.

Access to information

§ 47. The allocation of emission allowances, information on project measures to which plant owners or aircraft operators participate with the approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management, and the Reports of the plant owners and the aircraft operators according to § 9 of this Federal Act are environmental information in the sense of the Environmental Information Act, BGBl. No 495/1993, as amended, to make it available to the public.

Reporting to the European Commission

§ 48. Each year, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has to submit a report to the European Commission on the application of Directive 2003 /87/EC. This report shall include in particular the rules on the allocation of emission allowances, the operation of the registers, the application of the implementing rules for monitoring and reporting, and the verification and accreditation and issues relating to compliance with the Directive and, where appropriate, the tax treatment of emission allowances. The first report is to be submitted to the European Commission by 30 June 2005.

Competent authority

§ 49. The following shall apply to the responsibility for granting the authorisation in accordance with § § 4 and 6:

1.

To the extent that the most essential permit for the operation of the installation concerned is a permit in accordance with national law, as in particular in the case of not the Industrial Regulations 1994 or the emission protection law for boiler installations. The Landeshauptmann is responsible for the installation.

2.

In all other cases, the authority responsible for approving, in accordance with the rules laid down by the administrative provisions of the Federal Republic of Germany, the authority responsible for approving those parts of the plant from which the emissions originating from the application of the latter are competent shall be the competent authority. Federal law. In the event that a number of federal authorities in the sense of the first sentence are responsible for an installation pursuant to § 3 Z 4, the procedure in accordance with § § 4 and 6 shall be carried out by the district administration authority. If one or more federal authorities and the state government according to § 39 of the Environmental Impact Assessment Act 2000, BGBl. No 697/1993, as amended, and the state government does not make use of the possibility of delegation to the district administrative authority, the federal authorities involved have signed up with the National government to coordinate.

3.

The Governor of the State as the competent authority may entrust the District Administrative Authority with the implementation of a procedure in whole or in part or with the implementation of the procedures for certain types of plant and may authorise it to be decision.

Cost entrap

§ 50. Costs to be borne by the authority in accordance with § 49 or the Federal Minister for Agriculture, Forestry, Environment and Water Management in application-bound proceedings pursuant to Sections 4, 6, 24, 25, 30 and 31 shall be borne by the plant owner. The authority may inform the holder of the system of payment of such costs directly.

Delivery Power

§ 51. Aircraft operators have to make known to the Federal Minister for Agriculture, Forestry, Environment and Water Management an authorised representative, provided that they do not have a seat in Austria.

Criminal provisions

§ 52. (1) If the act does not constitute the offence of an act threatened with judicial punishment, an administrative surrender shall be carried out and shall be punished.

1.

with a fine of up to 35 000 euros, who, after the entry into force of this Federal Law, has been Annex 1 , Annex 3 or a regulation pursuant to § 2 (4) without authorisation in accordance with § § 4 or 6;

2.

with a fine of up to 7 000 euros, who does not monitor the emissions of a plant approved in accordance with § 4, and the communication according to § 4, does not report it or does not report it on time (§ 9) or does not submit a certificate from an independent inspection body (§ 10) and who does not monitor the emissions of an aviation activity according to § 8, does not submit the monitoring concept according to § 8 para. 2 on time, which does not report emissions from the aviation activity or does not report on time (§ 9) or no a certificate issued by an independent auditor (§ 10);

3.

with a fine of up to EUR 5 000, who does not receive a notification in due time pursuant to § 6 (1) and (2) or 24 (6);

4.

with a fine which corresponds at least to the annual fees for the account of the respective installation or the aircraft operator in the register in accordance with Section 43, but not more than EUR 15 000, who does not or does not have a notification pursuant to Section 43 (2) is reimbursed in due time

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the release of foes pursuant to Section 1 (1) (1), (2) and (4).

Penalties

§ 53. (1) holders of an installation and holding of installations in which an activity is carried out in accordance with section 4 of this Directive; Annex 1 , Annex 3 or a regulation pursuant to § 2 (4) without authorisation in accordance with § § 4 or 6, and which shall not be until 30 April of each year from 2012, in the case of installations in which an activity is carried out in accordance with Annex 3 from 2014 onwards, a sufficient number of emission allowances to cover their emissions in the previous year shall be subject to a penalty payment of EUR 100 for each tonne of carbon dioxide equivalent for which the holder does not: Emission allowances must be paid. Aircraft operators who do not issue a sufficient number of emission allowances to cover their emissions in the previous year from 2013 onwards shall have a penalty payment of EUR 100 per tonne for each tonne of emissions. Carbon dioxide equivalent for which the aircraft operator has not issued any emission allowances. The performance of this penalty payment shall not release the holder or aircraft operator from the obligation to surrender emission allowances in the amount of this excess emissions if it has the emission allowances for the following calendar year: .

(2) For from 1. Emissions allowances issued in January 2013 will increase the penalty payment in accordance with paragraph 1 in accordance with the European Consumer Price Index.

(3) The withdrawal of the sanction payments is the responsibility of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, who serves the purpose of the register office (Section 43 (1)).

(4) The names of the plant owners and aircraft operators who violate the obligations of § § 32 and 33 for the submission of a sufficient number of emission allowances are available on the website of the Federal Ministry of Land-and Forestry, the environment and water management.

(5) An aircraft operator does not comply with the provisions of this Federal Law, and the Federal Minister of Agriculture, Forestry, the Environment and Water Management finds that compliance with the provisions is not by any other means. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can ask the European Commission to provide an operating support for the aircraft operator concerned in order to ensure that it is possible to implement decision.

Use of criminal and sanctioning funds

§ 54. Fines in accordance with § 52, payments pursuant to § 45 and penalty payments pursuant to § 53 are to be paid to the federal government.

Re-authorisation of allocation modestals

§ 55. If, according to § § 17 (3) and (4), (4), (4) and (5), (5), (5), (30) (4) or (31) (7), a recognition by the Constitutional Court or the Administrative Court is to be repealed, the Federal Minister for Land-and- Forestry, the environment and water management the emission allowances arising from § 17 (1) and (4) or in accordance with the calculations on the basis of § § 22 to 25 shall be allocated by means of communication. Certificates which have already been booked pursuant to § § 19 para. 1, 26 para. 1 or 30 para. 4 are not to be booked again.

Enforcement

§ 56. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, unless the following paragraphs determine otherwise.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of § § 2 (4), 11 (1), fourth sentence, 17 (1) and 23 (1), in agreement with the Federal Minister for Economic Affairs, Family and Youth.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Finance, shall be responsible for the enforcement of § § 15 and 43 (1) third sentence. .

(4) The Federal Minister of Agriculture, Forestry, Environment and Water Management shall be responsible for the enforcement of § § 21 third sentence and 54 in agreement with the Federal Minister of Finance.

(5) With the enforcement of Sections 46 and 49 Z 2, the Federal Minister responsible for the enforcement of the administrative regulations referred to in this paragraph shall be entrusted with the task of enforcting the provisions of this Regulation.

Gender-neutral function designations

§ 57. The function designations used in this federal law are to be understood as gender-neutral.

References to Directives

§ 58. This federal law lays down that 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 L 327, 30.12.2003, p. No. 32), as last amended by Directive 2009 /29/EC, OJ L 206, 22.7.2009, p. No. OJ L 140, p. 63.

In-and out-of-power

§ 59. (1) This federal law shall enter into force on the day following its manifestation in the Federal Law Gazans. At the same time, the emissions certificate act, BGBl. I n ° 46/2004 as amended by BGBl. I n ° 111/2010, except for force.

(2) Existing modest ones according to § § 2, 4, 6, 7a, 8, 9, 10a, 12a, 13, 17, 17c, 17d, 27, 28 and 28a EZG, BGBl. I n ° 46/2004 as amended by BGBl. I No 101/2010, shall remain in force after the date referred to in paragraph 1.

(3) Facts which were already available before the date referred to in paragraph 1, but the Authority

after that date, and pending proceedings initiated before the date referred to in paragraph 1, shall be treated in accordance with the old legal situation, or to continue.

Fischer

Faymann

Annex 1

§ 2 para. 1 Z 1

Categories of activities in installations that fall within the scope of this Federal Law

The thresholds set out below generally relate to production capacities or services. Where a holder of a plant carries out a number of activities listed under the same paragraph in the following list, in a facility or in a location, the capacity of those activities shall be added.

Activities

Greenhouse gases

Energy conversion and transformation

Combustion plants with an approved fuel heat output of more than 20 MW (excluding installations for the incineration of hazardous waste or municipal waste)

Carbon dioxide

2. mineral oil refineries

Carbon dioxide

3. Facilities for dry distillation of coal (coking plants)

Carbon dioxide

Ferrous metal production and processing

4. Appendices to roasting or sintering of ores including sulphide ores

Carbon dioxide

5. installations for the production of pig iron or steel (primary or secondary melting) including continuous casting with a melting capacity of more than 2.5 tonnes per hour

Carbon dioxide

Mineral processing industry

6. installations for the production of cement clinker in rotary kilns with a production capacity of more than 500 tonnes per day or of lime in rotary kilns with a production capacity of more than 50 tonnes per day or in other furnaces with a production capacity of more than 50 tonnes per day or in other furnaces with a Production capacity of more than 50 tonnes per day

Carbon dioxide

7. installations for the production of glass, including as far as it is made from waste glass, including installations for the production of glass fibres, having a melting capacity of more than 20 tonnes per day

Carbon dioxide

8. installations for burning ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity of more than 75 tonnes per day and/or a kiln capacity exceeding 4 m 3 and a stocking density of more than 300 kg/m 3

Carbon dioxide

Other industries

9. Industrial plants for the production of pulp from wood or other fibre materials

Carbon dioxide

10. Industrial plants for the production of paper, paperboard or cardboard with a production capacity of more than 20 tonnes per day

Carbon dioxide

Annex 2

§ 2 para. 1 Z 2

Categories of air transport activities falling within the scope of this Federal Law

Activities

Greenhouse gases

A flight departure from an aerodrome or at an airport situated in a territory of a Member State to which the TFEU applies. Not covered by this activity:

a)

Flights exclusively for the transport of the ruling monarchs and their immediate family members, Heads of State, Government or Government Ministers of a non-Member State which are in official mission shall be carried out, to the extent that this is indicated by a corresponding status indicator in the flight plan;

b)

military flights in military aircraft as well as customs and police flights;

c)

Flights in connection with search and rescue operations, fire-fighting flights, humanitarian flights and ambulance flights in medical emergencies, to the extent that the competent authority has been approved;

d)

Flights carried out exclusively by visual flight rules as defined in Annex 2 to the Chicago Convention;

e)

Flights in which the aircraft shall return to the home airfield without an intermediate landing;

f)

Exercise flights performed solely for the purpose of acquiring a pilot certificate or a licence for the crew of the cockpit, provided that this is indicated in the flight plan; these flights may not be used for the carriage of passengers and/or freight or for the positioning or transfer of aircraft;

g)

flights solely for scientific research or for the control, testing or approval of aircraft or equipment, whether they are on board or ground equipment;

h)

Flights from aircraft with a maximum starting mass of less than 5 700 kg;

i)

Flights within the framework of public service obligations laid down in Regulation (EEC) No 2408/92 on routes within the outermost regions within the meaning of Article 355 TFEU, or on routes with a capacity not exceeding 30 000 seats per year; and

j)

Flights carried out by a commercial aircraft operator in so far as either the number of these flights is less than 243 in each of three consecutive four-month periods, or the total annual carbon dioxide emissions these flights are less than 10 000 tonnes. Flights carried out exclusively for the purpose of carrying on the performance of their duties by the governing monarchs and their immediate family members, as well as by Heads of State, Government and Government Ministers of a Member State , cannot be exempted from the provisions of this letter.

Carbon dioxide

Annex 3

§ 2 para. 1 Z 1

Categories of activities in installations that fall within the scope of this Federal Law

For the calculation of the total fuel heat output of an installation, the fuel heat outputs of all technical units shall be added, which are part of the plant and in which fuels are incinerated within the installation. These units may include all types of boilers, burners, turbines, heaters, industrial furnaces, combustion furnaces, calcination furnaces, kilns, furnaces, dryers, engines, fuel cells, CLC units ("Chemical Looping"). Combustion units "), torches and thermal or catalytic afterburning burners. Units with a fuel heat output of less than 3 MW and units which use only biomass shall not be taken into account in this calculation. Units that use only biomass also apply to units that use fossil fuels only when they are put into operation and shut down.

If the capacity threshold of any activity referred to in this Annex is exceeded in an installation, all units in which fuels are incinerated are not units for the incineration of hazardous waste or municipal waste, to be included in the greenhouse gas emissions permit.

If the unit serves as an activity for which the threshold value is not expressed as a thermal input, the threshold of this activity shall take precedence over the decision on inclusion within the scope of this Federal Law.

The term "incineration" means the oxidation of fuels, irrespective of the manner in which the heat, the electricity and the mechanical work produced in this process are used, and including all the other directly related activities, including exhaust gas scrubbing.

The thresholds set out below generally relate to production capacities or services. Where a holder of a plant carries out a number of activities listed under the same paragraph in the following list, in a facility or in a location, the capacity of those activities shall be added.

Activities

Greenhouse gases

1. combustion of fuels in plants with an approved total fuel heat output of more than 20 MW (excluding installations for the incineration of hazardous or municipal waste)

Carbon dioxide

2. Raffination of mineral oil

Carbon dioxide

3. Production of coke

Carbon dioxide

4. Roasting or sintering including pelletization of metal ore (including sulphide)

Carbon dioxide

5. Production of pig iron or steel (primary or secondary melting) including continuous casting with a melting capacity of more than 2.5 tonnes per hour

Carbon dioxide

6. Production or processing of ferrous metals (including iron alloys) in the operation of combustion units with a total fuel heat output of more than 20 MW (including rolling mills, reheating furnaces, annealing furnaces, etc.) Forged plants, foundries, coating and pickling plants.)

Carbon dioxide

7. Production of primary aluminium

Carbon dioxide and perfluorocarbons

8. Production of secondary aluminium in the operation of combustion units with a total fuel heat output of more than 20 MW

Carbon dioxide

9. Production and processing of non-ferrous metals, including the manufacture of alloys, refining, foundry and the like, in the operation of combustion units with a total heat output (including the Reducing agents used for reducing agents) of more than 20 MW

Carbon dioxide

Manufacture of cement clinker in rotary kilns with a production capacity of more than 500 tonnes per day or in other furnaces with a production capacity of more than 50 tonnes per day

Carbon dioxide

Production of limestone or burning of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity of more than 50 tonnes per day

Carbon dioxide

12. manufacture of glass, including as far as it is made from waste glass, including installations for the production of glass fibres, having a melting capacity of more than 20 tonnes per day

Carbon dioxide

Burning of ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity of more than 75 tonnes per day

Carbon dioxide

14. Manufacture of insulating material from mineral wool using glass, stone or slag with a melting capacity of more than 20 tonnes/day

Carbon dioxide

Drying or firing of gypsum or production of gypsum plasterboards and other gypsum products in the operation of combustion units with a total fuel heat output of more than 20 MW

Carbon dioxide

16. Production of cellulose pulp from wood or other fibrous materials

Carbon dioxide

17. Production of paper, paperboard or cardboard with a production capacity of more than 20 tonnes per day

Carbon dioxide

18. Manufacture of industrial products by carbonisation of organic substances such as oils, tars, cracking and distillation residues in the operation of combustion units with a total fuel heat output of more than 20 MW

Carbon dioxide

19. Production of nitric acid

Carbon dioxide and nitrous oxide

20. Production of adipic acid

Carbon dioxide and nitrous oxide

21. Production of glyoxal and glyoxylic acid

Carbon dioxide and nitrous oxide

22. Production of ammonia

Carbon dioxide

23. Manufacture of basic organic chemicals by cracking, reforming, partial or complete oxidation or similar processes, with a production capacity of more than 100 tonnes/day

Carbon dioxide

24. Production of hydrogen (H) 2 ) and synthesis gas by reforming or partial oxidation with a production capacity of more than 25 tonnes/day

Carbon dioxide

25. Production of soda (Na 2 CO 3 ) and sodium bicarbonate (NaHCO 3 )

Carbon dioxide

26. Capture of greenhouse gases from installations covered by this Federal Law for the purpose of transport and geological storage in a storage site approved in accordance with Directive 2009 /31/EC

Carbon dioxide

27. Transport of greenhouse gases in pipelines for the purpose of geological storage in a storage site approved in accordance with Directive 2009 /31/EC

Carbon dioxide

28. Geological storage of greenhouse gases in a storage site approved in accordance with Directive 2009 /31/EC

Carbon dioxide

Annex 4

§ § 7 and 9

Principles for the monitoring and reporting of emissions from installations

1.

Monitoring of carbon dioxide emissions:

The monitoring of emissions shall be carried out either by calculation or on the basis of measurements.

a)

The calculation of emissions shall be carried out in accordance with the following formula:

Activity data x Emission factor x oxidation factor

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

There are established emission factors to be used. For all fuels, activity-specific emission factors can be used. Standard factors can be used for all fuels other than non-commercial fuels (fuels from waste such as tyres and gases from industrial processes). Floor-specific defaults for coal and Union-specific or producer-specific defaults for natural gas are to be further elaborated. For refinery products, IPCC default values can be used. The emission factor for biomass is zero.

If the emission factor does not take into account the fact that part of the carbon is not oxidized, then an additional oxidation factor shall be used. If activity-specific emission factors have been calculated in which the oxidation has already been taken into account, it is not necessary to use an oxidation factor.

It is necessary to use standard oxidation factors developed in accordance with Directive 2008 /1/EC, unless the holder can demonstrate to the Authority, in accordance with § 49, that activity-specific factors are more accurate.

For each activity and plant as well as for each fuel, a separate calculation shall be made.

b)

In the measurement of emissions, standardised or established procedures shall be used; the measurement shall be confirmed by means of a flanking emission calculation.

2.

Monitoring other greenhouse gas emissions:

Standardised or established procedures shall be used which have been adopted in accordance with the procedure referred to in Article 23 (2) of Directive 2003 /87/EC.

3.

Reporting on emissions:

Each owner has the following information in the report for an installation:

a)

Investment data, including:

-

the name of the installation;

-

Address, including postal code and country, type and number of activities carried out in the facility, in accordance with Annex 1 ; and

-

Address, telephone number, fax number and e-mail address of a contact person and the name of the owner of the facility and of any parent undertaking.

b)

For each activity carried out at the site in accordance with Annex 1 , for which emissions are calculated:

-

activity data;

-

emission factors;

-

Oxidation factors;

-

total emissions; and

-

Uncertainties.

c)

For each activity carried out at the site in accordance with Annex 1 or a regulation pursuant to Article 2 (4), for which emissions are measured:

-

Total emissions;

-

Data on the reliability of the measurement procedures and uncertainty factors.

d)

For emissions from combustion, the report shall also indicate the oxidation factor, unless the oxidation has already been included in the calculation of an activity-specific emission factor.

Annex 5

§ § 8, 9, 30 and 31

Principles for the 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 shall be carried out by calculation. The calculation of emissions shall be carried out in accordance with the following formula:

Fuel consumption × emission factor

Fuel consumption also includes fuels consumed by the auxiliary engine. The actual fuel consumption of each flight shall be used as far as possible and shall be calculated according to one of the following formulae:

Method A:

Fuel quantity in the aircraft tanks after completed refuelling for the relevant flight fuel quantity in the aircraft tanks after completed refuelling for the subsequent flight + fuel refuelling for this subsequent flight.

Method B:

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

If there is no data on the actual fuel consumption, the fuel consumption is to be estimated on the basis of the best available information according to a standardised multi-stage concept.

Standard emission factors are to be based on the guidelines of the Intergovernmental Panel on Climate Change (IPCC) of 2006 or subsequent updates of these guidelines, unless action-specific emission factors, which are independent accredited laboratories have been identified in accordance with recognized methods of analysis, prove to be more precise. The emission factor for biomass is zero.

A separate calculation shall be made for each flight and fuel.

2.

Reporting on emissions:

Each aircraft operator shall include in its emission reporting in accordance with Article 9 the following information:

a)

Information on the aircraft operator, including:

-

the name of the aircraft operator;

-

the administering Member State responsible;

-

Address, including postal code and country, and, if different, contact address in the administrative Member State;

-

Aircraft registration numbers and those referred to in the reporting period for the operator ' s aviation activities in accordance with Annex 2 aircraft types used;

-

the number and the issuing authority of the air transport operator and the operating licence, on the basis of which the operator's aviation activities are carried out in accordance with Annex 2 were carried out;

-

Address, telephone number, fax number and e-mail address of a contact person;

-

Name of the aircraft owner.

-

For each fuel type, for which emissions are calculated:

-

fuel consumption;

-

emission factor;

-

Total value of the aggregated emissions from all flights carried out during the reporting period in the framework of the operator's aviation activities in accordance with Annex 2 were carried out;

-

aggregated emissions from:

--

all flights which are carried out during the reporting period in accordance with the operator's aviation activities in accordance with Annex 2 , and which were carried out by an aerodrome in the territory of a Member State and which ended at an aerodrome in the territory of the same Member State;

--

all other flights carried out during the reporting period as part of the operator ' s aviation activities in accordance with Annex 2;

-

aggregate emissions from all flights carried out during the reporting period in accordance with the operator's aviation activities in accordance with Annex 2 were carried out and the

--

from each Member State, and

--

have arrived in each Member State from a third country; and

-

Insecurity factor.

3.

Surveillance of tonne-kilometre data for the purposes of § § 30 and 31:

In order to apply for the allocation of emission allowances in accordance with § § 30 (1) or 31 (1) (1), the amount of air transport activity in tonne-kilometres shall be calculated according to the following formula:

Tonnenkilometer = flight distance × payload,

where "flight route" means the distance between departure and arrival places plus an additional fixed distance of 95 km, and "payload" means the total mass of freight, mail and passengers carried.

The following shall apply to the calculation of the payload:

-

The number of passengers shall be equal to the number of persons on board, with the exception of the on-board staff;

-

an aircraft operator may, in respect of passengers and their luggage, either the actual mass or mass of passengers and checked baggage, registered in his or her documents relating to the calculation of the mass and balance of gravity, or Passengers and their checked baggage shall apply a default value of 100 kg.

4.

Reporting of tonne-kilometre data for the purposes of § § 30 and 31:

Each In accordance with § § 30 (1) or 31 (1), aircraft operator has to include the following information in its application:

a)

Information on the operator of the aircraft, including:

-

the name of the aircraft operator;

-

the administering Member State responsible;

-

Address, including postal code and country, and, if different, contact address in the administrative Member State;

-

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

-

the number and the issuing authority of the air transport operator and the operating licence, on the basis of which the operator's aviation activities are carried out in accordance with Annex 2 were carried out;

-

Address, telephone number, fax number and e-mail address of an authorized representative at home; and

-

Name of the aircraft owner.

b)

Tonnenkilometer data:

-

number of flights per pair of aerodrome;

-

Number of passenger kilometres per pair of aerodrome;

-

Number of tonne-kilometres per pair of aerodrome;

-

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

-

Total tonne-kilometre for all flights carried out in the year under review and subject to the aviation activities of the aircraft operator in accordance with Annex 2 .

Annex 6

on § 10

Criteria for the assessment of emissions from installations

General principles:

1.

The emissions from all Annex 1 , Annex 3 or in a regulation pursuant to section 2 (4) of this Regulation, and in accordance with § 2 para. 5, an examination shall be subject to an examination.

2.

In the context of the examination procedure, the report should be based on the report in accordance with § 9 and on the monitoring in the previous year. It shall also examine the reliability, credibility and accuracy of the monitoring systems, as well as the data transmitted and information on emissions, in particular:

a)

the transmitted activity data and related measurements and calculations;

b)

the choice and application of emission factors;

c)

the calculations for the determination of the total emissions; and

d)

in the case of measurements, the adequacy of the choice and application of the measurement procedures.

3.

The validation of the data on emissions is only permissible if reliable and credible data and information allow a determination of emissions with a high degree of reliability. A high degree of reliability requires the holder of an installation to demonstrate that:

a)

the transmitted data are conclusive;

b)

the collection of data has been carried out in accordance with applicable scientific standards; and

c)

the relevant information on the installation is complete and conclusive.

4.

The holder of an installation shall give access to all sites and to all information relating to the subject-matter of the audit to the independent audit facility.

5.

The independent auditor has to take into account whether the facility is registered under the Union's environmental management and audit scheme (EMAS).

Methodology:

Strategic analysis

6.

The audit has to be based on a strategic analysis of all the activities carried out in the facility. For this purpose, the independent testing facility needs an overview of all activities and their significance for emissions.

Process Analysis

7.

The examination of the information transmitted shall be carried out if necessary at the site of the installation. The independent auditor shall carry out random checks to determine the reliability of the data and information transmitted.

Risk Analysis

8.

The independent testing facility shall subject all sources of emissions in the facility to an evaluation in relation to the reliability of the data on each source contributing to the overall emissions of the plant.

9.

On the basis of this analysis, the independent auditor shall explicitly identify the sources with a high risk of error and other aspects of the monitoring and reporting process leading to errors in the determination of the overall emissions , in particular the choice of emission factors and the calculations to determine the emissions of individual emission sources. Particular attention shall be paid to sources with a high risk of error and to the other aspects of the monitoring procedure mentioned above.

10.

The independent auditor shall take into account any effective procedures for controlling the risks that the holder applies in order to minimise uncertainties.

Report:

11.

The independent auditor shall draw up a report on the validation of the report as to whether the report is satisfactory in accordance with § 9. This report shall include all aspects relevant to the work carried out. The declaration that the report is satisfactory in accordance with § 9 may be made if the independent audit institution considers that the total emissions have not been provided with any material false information.

Annex 7

on § 10

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

1.

The in Annex 6 , the general principles and methods laid down shall be based on the examination of reports on emissions from flights in the framework of an aviation activity in accordance with Annex 2 shall apply mutatily. For this purpose, the following shall apply:

a)

The term "holder" after Z 3 of the Annex 6 is to be understood in the sense of an aircraft operator, and the reference to the "Appendix" to lit. (c) this paragraph shall be deemed to be a reference to the aircraft used to carry out the aviation activities referred to in the report;

b)

In the case of Z 5, the reference to the installation shall be deemed to be a reference to the aircraft operator;

c)

(6) the reference to activities carried out in the installation shall be considered as referring to the aviation activities of the aircraft operator covered by the report;

d)

4 and 7 shall refer to the location of the installation as a reference to the locations used by the aircraft operator to carry out the aviation activities covered by the report;

e)

in the case of Z 8 and 9, references to sources of emissions shall be considered as referring to the aircraft for which the aircraft operator is responsible; and

f)

the reference to the operator shall be deemed to be a reference to the aircraft operator under Z 10.

Additional provisions for the examination of reports on emissions from aviation

2.

In particular, the audit institution shall ensure that:

a)

take into account all flights which are subject to one of the aviation activities referred to in Annex 2 . The auditor shall use flight plan data and other data relating to the operation of the aircraft operator, including data from Eurocontrol, which the aircraft operator has requested; and

b)

the overall agreement between the data on the total fuel consumption and the data on the purchase of fuel or the other fuel supply for the aircraft used for the aviation activity.

Additional provisions for the examination of tonne-kilometre data,
submitted for the purposes of § § 30 and 31

3.

The in Annex 6 , the general principles and methods for the testing of emissions as defined in § 10 shall also apply, where appropriate, to the examination of tonne-kilometre data.

4.

In particular, the investigator shall ensure that, in the aircraft operator's request in accordance with Article 30 (1) and (31) (1), only flights which have actually been carried out and which have been carried out under one of the aviation activities referred to in Annex 2 , for which the aircraft operator is responsible. To this end, the test facility shall use data relating to the operation of the aircraft operator, including data from Eurocontrol, which the aircraft operator has requested. The test facility shall also ensure that the payload communicated by the aircraft operator corresponds to the payload data indicating the safety of the aircraft operator for the purposes of safety.

Annex 8

§ § 24 (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