Climate Bill - Ksg

Original Language Title: Klimaschutzgesetz – KSG

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997945/klimaschutzgesetz--ksg.html

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106. Federal law compliance levels of greenhouse gas emissions and to develop effective measures to climate change (climate bill - KSG)

 

The National Council has decided:

 

Target

§ 1. This federal law to allow a co-ordinated implementation of effective measures for the protection of the climate.

Measures

§ 2. Measures within the meaning of this Federal Act are those that have a measurable, berichtbare and verifiable reduction of greenhouse gas emissions or enhancement of carbon sinks to the result, which are represented in the Austrian greenhouse gas inventory in accordance with the applicable international law and European Union law reporting requirements. These include sovereign and private-sector measures of the Federal and State Governments.

Split the set maximum levels of greenhouse gas emissions; Negotiations on the elaboration of measures

§ 3 (1) the applicable according to international law or Union law obligations to the Republic of Austria levels of greenhouse gas emissions are determined in accordance with annexes. The maximum residue limits can be set also to sectors divided.

(2) the development of measures to comply with the maximum residue limits in the respective sectors have negotiations to take place. In the negotiations are to take into account in particular action opportunities in the following areas: improvement of energy efficiency, increasing the share of renewable energy in final energy consumption, total energy efficiency in the building sector, inclusion of climate protection in spatial planning, mobility management, waste prevention, protection and extension of natural carbon sinks and economic incentives for climate protection. Measures can be worked out in the form of multiannual action programmes as well as joint actions of authorities. The responsibility to conduct negotiations in the respective sectors is the analog to the climate strategies 2002 and 2007 Federal Ministers, secondarily the Act 1986 (BMG), BGBl. No. 76 in the amended Federal Ministry competent Federal Ministers. The negotiations are one month after the occurrence of a proposal by the Federal Minister of agriculture and forestry to take environmental and water management in accordance with § 4 para 3. The negotiations are each within nine months prior to the beginning of the commitment period, that is for the commitment period 2013 to 2020 of March 31, 2012, to complete. Exceeding the ceilings applicable in accordance with international law or Union law obligations to the Republic of Austria from the year 2013 by greenhouse gas emissions, further negotiations on the strengthening can be lead existing and introduction of additional measures on the basis of an evaluation of the implementation of the measures. These negotiations are to conclude within six months.

(3) the outcome of the negotiations referred to in paragraph 2 it should be noted separately. The set measures are promptly to implement.

(4) the Federal Minister for agriculture and forestry, environment and water management has to report the national climate protection Committee (§ 4) the outcome of the negotiations referred to in paragraph 2 and the set measures referred to in paragraph 3.

National Committee for the protection of climate

§ 4 (1) the Federal Minister for agriculture and forestry, environment and water management has set up a National Committee for the climate protection.

(2) the task of the national of climate protection Committee is the discussion of fundamental issues to long-term Austrian climate policy, in particular the development of climate protection strategies as a basis for planning for the distribution of maximum residue limits of greenhouse gas emissions in sectors for commitment period starting in 2013, long-term scenarios to increase energy efficiency and the share of renewable of energy in final energy consumption, as well as long-term reduction path towards a low-carbon society. The progress reports (§ 6) concerning compliance with the maximum quantities of greenhouse gas emissions pursuant to article 3, paragraph 1, and the reports referred to in section 3, subsection 4 are taken into account in the work of the national of climate protection Committee.

(3) the development of planning for the distribution of maximum residue limits of greenhouse gas emissions on sectors for commitment periods from the year 2013 is done on the basis of a proposal by the Federal Minister of agriculture and forestry, environment and water management on the basis of effective domestic measures. The final determination of the distribution is subject to a separate agreement with this Division also in Appendix 2 to hold.

(4) the national climate protection Committee is made up of each a high-level representative of the Federal Ministry of agriculture and forestry, environment and water management, the Federal Ministry of finance, of the Federal Chancellery, of the Federal Ministry of Justice, of the Federal Ministry for transport, innovation and technology, of the Federal Ministry for economy, family and youth, the Federal Ministry for labour, Social Affairs and consumer protection, the Federal Ministry for health, the Austrian Federal Economic Chamber, the Federal Chamber of labour , the Conference of Presidents of Chambers of agriculture, the Austrian Trade Union Confederation, as well as the nine provinces together. The national climate protection Committee provides its recommendations referred to in paragraph 2 by a vote of three-fourths in the presence of at least half of the representatives. Rules of procedure, which will be decided by the national climate protection Committee at its first meeting lays down the detailed procedures.

(5) the Chairman of the national of climate protection Committee is the representative of the Federal Ministry of agriculture and forestry, environment and water management. Deputy Chairman is the representative of that State that will chair the national environment officer Conference.

(6) the national climate protection Committee shall meet at least once per year.

National climate protection Advisory Board

§ 5 (1) the Federal Minister for agriculture and forestry, environment and water management has to establish a national climate protection Advisory Board.

(2) the national climate protection Advisory Council has to advise the national climate protection Committee in its tasks in accordance with article 4, paragraph 2.

(3) the national climate protection Advisory Board is composed of one representative of the parties represented in the National Council, the Federal Ministry for agriculture and forestry, environment and water management, the Austrian Federal Economic Chamber, the Federal Chamber of labour, the Conference of Presidents of the Chambers of agriculture, the Association of Austrian industry, of the Austrian Trade Union Federation, the Austrian cities and of the Austrian Association of municipalities, the Federal Environment Agency, Austria's energy, of the Association of renewable energy, Austria , science, three representatives of the Federal States, as well as three representatives of Austrian environmental protection organisations. It contains his recommendations with simple majority vote in the presence of at least six representatives. No compensation is provided for the activities of the representatives. Rules of procedure, which will be decided by the national climate protection Advisory Council at his first meeting lays down the detailed procedures.

(4) § 4 para 5 and 6 are to be applied mutatis mutandis.

Progress report

§ 6. About progress in compliance with the maximum quantities of greenhouse gas emissions pursuant to article 3, paragraph 1, of the Federal Ministry of agriculture and forestry, environment and water management has to submit a written report annually the National Council and the National Committee for the climate protection. The report is to be broken down by sector according to the plants.

Climate change accountability mechanism

§ 7. The responsibilities in case of exceeding the ceilings applicable in accordance with international law or Union law obligations to the Republic of Austria from the year 2013 by greenhouse gas emissions have to be recorded in a separate agreement. No financial obligations in the event of exceeding the ceilings laid down in annex 1 greenhouse gas emissions incurred for the Federal States for the commitment period 2008 to 2012. Any obligations of the Covenant in the case of exceeding the maximum residue limits laid down in annex 1 greenhouse gas emissions are in compliance with the applicable federal Finance frame law to cover.

Enforcement

Section 8 (1) with the execution of this Federal Act is, as far as paragraph 2 does not determine otherwise, entrusted to the Federal Minister of agriculture and forestry, environment and water management.

(2) with the enforcement of § 3 para 2, according to BMG each competent Federal Minister is entrusted.

Gender-neutral terms

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

Fischer

Faymann