106. Federal law on the observance of maximum quantities of greenhouse gas emissions and the development of effective measures to protect the climate (Climate Protection Act-KSG)

The National Council has decided:

Target

§ 1. This federal law is intended to allow for a coordinated implementation of effective measures for climate protection.

Measures

§ 2. Measures within the meaning of this Federal Act are those which result in a measurable, verifiable and verifiable reduction of greenhouse gas emissions or a strengthening of carbon sinks, which are in accordance with the Austrian greenhouse gas inventory according to the current reporting obligations under international law and the law of the Union. These include federal and state sovereign and private-sector measures.

Allocation of the set limits of greenhouse gas emissions; negotiations for the development of measures

§ 3. (1) The maximum levels of greenhouse gas emissions applicable to the Republic of Austria in accordance with international law or Union law shall be determined in accordance with the annexes. The maximum quantities may also be divided into sectors.

(2) Negotiations must be carried out for the preparation of measures to ensure compliance with the quantitative limits in the sectors concerned. The negotiations should take into account, in particular, measures in the following areas: increasing energy efficiency, increasing the share of renewable energy sources in final energy consumption, increasing the energy performance of the energy sector in the building sector, the inclusion of climate protection in spatial planning, mobility management, waste prevention, protection and expansion of natural carbon sinks, and economic incentives for climate protection. Measures can also be drawn up in the form of multiannual programmes of measures and as joint actions by local authorities. Responsibility for conducting negotiations in the respective sectors is the responsibility of the Federal Ministers responsible for climate change strategies in 2002 and 2007, which are subsidiary to the Federal Ministries Act 1986 (BMG), Federal Law Gazette (BGBl). 76 in the current version of the relevant Federal Ministers. The negotiations are to be opened one month after the presence of a proposal by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Section 4 (3). The negotiations shall be concluded within nine months before the start of a commitment period, which shall be 31 March 2012 for the 2013 to 2020 commitment period. If the maximum quantities of greenhouse gas emissions in force in accordance with international law or Union law obligations for the Republic of Austria as from 2013 are exceeded, further measures shall be taken immediately on the basis of an evaluation of the measures set out. Negotiations on the strengthening of existing or additional measures. These negotiations shall be concluded within six months.

(3) The outcome of the negotiations referred to in paragraph 2 shall be recorded separately. The measures laid down shall be implemented immediately.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to report to the National Climate Protection Committee (§ 4) on the outcome of the negotiations in accordance with paragraph 2 and the measures laid down in paragraph 3 above.

National Climate Protection Committee

§ 4. (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management has set up a National Climate Protection Committee.

(2) The task of the National Climate Protection Committee is to discuss policy issues on long-term Austrian climate policy, in particular the elaboration of climate protection strategies as a basis for the planning of the allocation of maximum quantities of Greenhouse gas emissions in sectors for commitment periods beginning in 2013, long-term scenarios for increasing energy efficiency and the share of renewable energy sources in final energy consumption and long-term reduction paths to a low-carbon society. The progress reports (§ 6) concerning compliance with the maximum amounts of greenhouse gas emissions established pursuant to § 3 (1) and the reports pursuant to § 3 (4) are to be taken into consideration in the work of the National Climate Protection Committee.

(3) The preparation of planning bases for the allocation of maximum greenhouse gas emissions to sectors for commitment periods as from 2013 shall be based on a proposal by the Federal Minister for Land-and- Forestry, the environment and water management on the basis of measures that are effective in Germany. The final determination of the allocation shall be carried out within the framework of a separate agreement, the division of which shall also be recorded in Annex 2.

(4) The National Climate Protection Committee is composed of a high-ranking representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the Federal Ministry of Finance, the Federal Chancellery, the Federal Ministry for Economic Affairs and the Federal Ministry for Economic Affairs and the Environment. Justice, the Federal Ministry of Transport, Innovation and Technology, the Federal Ministry of Economic Affairs, Family and Youth, the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Federal Ministry of Health, the Federal Ministry of Health, the Austrian Economic Chamber, the Federal Chamber of Workers and Employees, the Conference of Presidents of the Chambers of Agriculture, the Austrian Trade Union Confederation and the nine Federal States. The National Climate Protection Committee shall draw up its recommendations in accordance with paragraph 2, with a majority of three quarters in the presence of at least half of the representatives. The more detailed rules are laid down in the Rules of Procedure, which are decided by the National Climate Committee at its first meeting.

(5) Chairman of the National Climate Protection Committee is the representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The Vice-Chairman is the representative of the federal state, which is chaired by the Conference of the National Environment Conference.

(6) The National Climate Protection Committee shall meet at least once a year.

National Climate Change Advisory Council

§ 5. (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management has set up a National Climate Change Advisory Board.

(2) The National Climate Protection Advisory Board has to advise the National Climate Protection Committee in its tasks in accordance with § 4 (2).

(3) The National Climate Protection Advisory Board shall be composed of a representative of the parties represented in the National Council, the Federal Ministry for Agriculture, Forestry, Environment and Water Management, the Austrian Chamber of Commerce, the Federal Chamber for Economic Cooperation and Development (Bundeskammer). Workers and employees, the Conference of Presidents of the Chambers of Agriculture, the Association of the Austrian Industry, the Austrian Federation of Trade Unions, the Austrian Association of Cities and the Austrian Association of Municipal States, the Federal Environment Agency, of Austria's Energy, the Association of Renewable Energy Energy Austria, the scientific community, three representatives of the federal states as well as three representatives of Austrian environmental protection organisations. It shall draw up its recommendations by simple majority voting in the presence of at least six representatives. No compensation shall be paid for the activity of the representatives. The more detailed rules are laid down in the Rules of Procedure, which are decided by the National Climate Change Advisory Council at its first meeting.

(4) § 4 (5) and (6) shall apply mutatily.

Progress Report

§ 6. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the National Council and the National Climate Protection Committee on the progress made in complying with the maximum amounts of greenhouse gas emissions defined in accordance with § 3 (1). to submit a written report each year. The report shall be broken down by sector in accordance with the annexes.

Climate protection-responsibility mechanism

§ 7. The responsibilities in the event of a breach of the maximum levels of greenhouse gas emissions applicable in accordance with international law or Union law obligations for the Republic of Austria as from 2013 shall be in a separate To maintain an agreement. For the commitment period of 2008 to 2012, no financial obligations shall be imposed for the Länder in the event of exceeding the maximum amounts of greenhouse gases laid down in Appendix 1. Any obligations of the Federal Government in the event of exceeding the maximum amounts of greenhouse gases laid down in Appendix 1 shall be subject to compliance with the applicable Federal Financial Framework Act.

Enforcement

§ 8. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, insofar as paragraph 2 of this Article shall not be otherwise determined.

(2) With the enforcement of § 3 para. 2, the federal minister responsible in accordance with BMG shall be responsible.

Gender-neutral function designations

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

Fischer

Faymann