Key Benefits:
325. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management with which the Regulation on the requirements for the technical customer for the approval of independent testing facilities is amended
On the basis of § 10 (1) of the Emissions Trading Act, BGBl. I n ° 46/2004, as last amended by the Federal Law BGBl. I n ° 89/2009, is being prescribed in agreement with the Federal Minister for Economic Affairs, Family and Youth:
The regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management on the requirements for the certification of the approval of independent testing facilities, BGBl. II No 424/2004, as amended by the BGBl Regulation. II No 101/2005, shall be amended as follows:
1. § 2 (1) (1) and (2) are:
" 1. |
the allocation of which 25 000 tonnes CO 2 or CO 2 -equivalents per year not exceeding |
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2. |
which is not an incineration plant or a co-incineration plant within the meaning of the Waste Incineration Ordinance, BGBl. II No 389/2002, as amended, " |
2. In § 2 para. 3 the word order shall be " 50 000 t CO 2 " through the phrase " 50 000 t CO 2 or CO 2 -Equivalent " replaced.
3. In § 3, the point at the end of Z 5 shall be replaced by a stroke; the following Z 6 shall be added:
" 6. |
Industry group 6: Manufacture of nitric acid, glyoxal, glyoxylic acid or adipic acid with respect to N 2 O-emissions (§ 2 para. 2 ECG). " |
4. § 4 reads:
" § 4. The following skills are to be proven by all senior examiners, experts for specialist areas and individual examiners to demonstrate the subject:
1. |
Knowledge of German and English in spoken and written form as well as knowledge of electronic data processing; |
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2. |
the basic principles of the auditing of data, information and control systems; |
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3. |
Legal and normative principles |
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a) |
Emissions Certificate Act, BGBl. I n ° 46/2004, as amended, and regulations on the EZG, |
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b) |
Directive 2003 /87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96 /61/EC, OJ L 327, 30.12.2003, p. No. OJ L 275, 25. 32, as amended by Directive 2009 /29/EC, OJ L 206, 22.7.2009, p. No. OJ L 140, 5 June 2009 p. 63, |
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c) |
Decision 2007 /589/EC laying down guidelines for monitoring and reporting on greenhouse gas emissions pursuant to Directive 2003 /87/EC, OJ L 73, 27.3.2003, p. No. 1, as last amended by Commission Decision 2010 /345/EU of 8 June 2010 amending Decision 2007 /589/EC on the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the deposition process, the transport and geological storage of carbon dioxide, OJ L 327, 28.4.2002, No. OJ L 155, 22 June 2010, p. 34, |
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d) |
Regulation (EC) No 2216/2004 on a standardised and secure registration system in accordance with Directive 2003 /87/EC of the European Parliament and of the Council and Decision 280 /2004/EC of the European Parliament and of the Council, OJ L 136, 30.4.2004, p. No. 1., as amended by Regulation (EC) No 916/2007, OJ L 386, 29.12.2007, p. No. 5, and to Regulation (EC) No 994/2008 on a standardised and secure registration system pursuant to Directive 2003 /87/EC of the European Parliament and of the Council and Decision 280 /2004/EC of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Parliament and the Council, OJ C 327, 28. No. OJ No L 271, 11. October 2008 p. 3, |
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e) |
Principles of Directive 2008 /1/EC on integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ No L 24, 29. 8, and of Regulation 166 /2006/EC on the establishment of a European Pollutant Release And Movement Register and amending Council Directives 91 /689/EEC and 96 /61/EC, OJ L 327, 22.12.1991, p. No. OJ L 33, 04 February 2006 p. 1, |
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f) |
Principles of the IPCC 1996 and 2006 Revised Guidelines for National GHG Inventories and IPCC Good Practice Guidance and Uncertainty Management in National GHG Inventories, UNFCCC reporting guidelines, |
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g) |
The broad lines of Regulation (EC) 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, as well as the Commission's decisions 2001 /681/EC and 2006 /193/EC, OJ L 206, 22.7.2001, p. No. OJ L 342, 22 December 2009 p. 1; |
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4. |
Emission determination of greenhouse gases |
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a) |
the fundamentals of monitoring emissions, |
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b) |
Determination using continuous measurements, |
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c) |
Determination by means of calculations. " |
5. § 6 (1) Z 1 reads:
" 1. |
Commission Decision 2007 /589/EC, as last amended by Decision 2010 /345/EU, relevant annexes, depending on the category of industry to which the proposed industry is concerned; " |
6. § 6 para. 1 Z 2 lit. b is:
" (b) |
Industry-specific knowledge of the groups of industry in accordance with § 3, specific knowledge of the process engineering of the respective manufacturing processes to an extent sufficient to determine whether all sources are fully covered and the the calculation bases are plausible, in particular knowledge of the relevant BAT reference documents, which were drawn up in the context of the exchange of information pursuant to Article 17 (2) of Directive 2008 /1/EC; " |
7. In § 6 para. 1 Z 4 lit. a and lit. d becomes after the word sequence "Annex 1 EZG" in each case the phrase " or according to § 2 para. 2 EZG " inserted.
8. § 8 para. 1 Z 2 lit. a and § 9 para. 1 Z 2 lit. a read:
" (a) |
Commission Decision 2007 /589/EC, as last amended by Decision 2010 /345/EU, in its entirety, " |
9. § 8 para. 1 Z 2 lit. c and § 9 para. 1 Z 2 lit. c are:
" (c) |
Regulation (EC) 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC, OJ L 206, 22.7.2006 No. OJ L 342, 22 December 2009 p. 1; |
10. In § 10 para. 1, Z 1, 2 and 3, the word order shall be ", as last amended by the Federal Law BGBl. I No 96/2004 " in each case by the word sequence "in the version in force in each case" replaced.
11. In § 10 para. 1 Z 3 the word "University Law" through the phrase "University Act 2002" replaced.
12. In § 10 (2), the words ", as last amended by the Federal Law BGBl. I No 110/2003 " by the words "in the version in force in each case" replaced.
Berlakovich