Change Of The Emission Certificate Act And The Federal Act On The Intergovernmental Air Transport 2008

Original Language Title: Änderung des Emissionszertifikategesetzes und des Bundesgesetzes über den zwischenstaatlichen Luftverkehr 2008

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89. Federal law be changed with the emission certificate Act and the Federal Act on the intergovernmental air transport 2008

The National Council has decided:

Article I

Change of the emission certificate Act

The Federal Act on a system for trading greenhouse gas emission (emission certificate Act - EZG), Federal Law Gazette I no. 46/2004, last modified with Federal Law Gazette I no. 171/2006 and by the Federal Ministry of law 2009, Federal Law Gazette I no. 3/2009, is amended as follows:

1. paragraph 2 paragraph 1:



              "(1) this Federal Act shall apply



1. for installations where in Appendix 1 or 1B or a regulation referred to in paragraph 2 activities referred to carried out in Appendix 1 or 1B or a regulation referred to in paragraph 2 of this activity specified greenhouse gases emitted in which as well as 2 for aviation activities listed in annex 1 a, by aircraft operators carried out, as far as a) she have one in Austria issued a valid operating licence in accordance with Regulation (EC) No. 1008 / 2008 on common rules for the operation of air transport services in the community, OJ No. L 293 of 31.10.2008 S. 3, have, or b) Austria for the aircraft operator in accordance with the by the European Commission on the basis of data provided by Eurocontrol information in the base year the highest estimate of emissions from aviation activities referred to in annex 1a has.

2. According to article 2, paragraph 1, the following paragraph 1a is added:



              (1a) that are covered aircraft operators Z 2 by this federal law referred to in paragraph 1 of the Federal Ministry of agriculture and forestry, to record in a list, which is to publish environmental and water management on the website of the Federal Ministry of agriculture and forestry, environment and water management. As the base year within the meaning of paragraph 1 subpara 2 lit. b is valid for the year 2006. For operators who take up their activities after January 1, 2006, the first calendar year of activity is considered base year."

3. in article 2, paragraph 2 are after the words "OJ "No. L 275 of the 25.10.2003 p. 32," the words "as last amended by Directive 2009/29/EC, OJ "No. L 140 of the 05.06.2009 S. 63," added.

4. in article 2, paragraph 3, the words 'and in the regulation according to § 13 ABS. 1"inserted after the words"in the allocation plan in accordance with section 11".

5. in article 2, paragraph 4, the words "and 4" by the words "or in a notification pursuant to § 13 para 5" are replaced.

6 paragraph 2 paragraph 7:

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

7 paragraph 3 No. 2:



2. "Emissions" the release of greenhouse gases into the atmosphere from a) sources in a facility or b) an aircraft that performs an activity referred to in annex 1a;

8. in paragraph 3, the point will be replaced at the end of the Z 8 with a semicolon; following Z 9 to 11 shall be added:



"9"Aircraft operators"the person to § 13 of the Aviation Act, Federal Law Gazette No. 253/1957 in its current version, the air vehicle operator is in accordance with the time, which performed an aviation activity listed in the categories set out in annex 1a, or, if the identity of that person is unknown or by the aircraft owner is unspecified, the owner of the aircraft;"

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

11 "awarding" the booking of emission certificates on a register account of a facility owner or aircraft operator of emission certificates.

9. the heading to section 2 is as follows:

"Permits for installations"

10. in article 4, para. 3, Z 5 inserted the words "pursuant to § 18 para 1" after the word "Emission allowance trading".

11. the heading to § 7 is as follows:

"Monitoring of greenhouse gas emissions from plants"

12. after article 7, the following paragraph 7a with heading is inserted:

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



Section 7a. (1) each aircraft operator has the emissions of greenhouse gases, which are ejected from 1 January 2010 the air vehicle operated by him in accordance with the provisions of this Federal Act and of the regulations implementing the guidelines of the European Commission in accordance with article 14 of the directive, insofar as they are directly applicable, to monitor 2003/87/EC.

(2) the monitoring has comply with the principles set out in Annex 2a of this Federal Act. The Federal Minister for agriculture and forestry, environment and water management can further rules for the monitoring on the basis of the principles set out in Annex 2a and in compliance with the article 14 paragraph 1 of Directive 2003/87/EC set the European Commission adopted guidelines in accordance with regulation.

(3) each aircraft operator has the Federal Ministry of agriculture and forestry, to submit a monitoring concept in German or English language environment and water management, in which measures for the monitoring and reporting of emissions and for the purpose of an application are included section 1 or section 17 d subsection 1 in terms of tonne-kilometre data according to § 17 c. The monitoring concept is to present for the first time until 31 August 2009. Aircraft operator, going on the air traffic activity after August 31, 2009, have the Federal Ministry of agriculture and forestry, to present the concept of monitoring environmental and water management until February 28 of the year following the year of the commencement of activities. This concept is by the Federal Ministry of agriculture and forestry, to examine environmental and water management, and, if it complies with the requirements laid down in paragraph 1 and paragraph 2, decision to approve."

13 paragraph 8:

"Section 8 (1) every owner of a plant approved in accordance with article 4 shall the Federal Ministry of agriculture and forestry, until March 31 of the following year electronically send the emission message for this attachment for each calendar year environmental and water management. Each aircraft operator has the Federal Ministry of agriculture and forestry, to submit the emission message for the aviation activities they carry out environmental and water management electronically pursuant to annex 1a for each calendar year up to March 31 of the following year. This message has to be done for plants for the first time for the year 2005 and for aircraft operators for the first time for the year 2010. With the principles set out in annex 2 and 2a and the provisions of the regulation referred to in paragraph 4 shall apply. A summary in English is messages from system owners to connect, messages from aircraft operators can be delivered only in English.

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

(3) any owner of a plant where an activity referred to in annex 1B is carried out, has the emissions of the installation for the year 2009 in accordance with the provisions of this Federal Act, the implementing regulations and the implementing provisions adopted pursuant to article 14 of Directive 2003/87/EC of the European Commission, insofar as they are directly applicable to report by 30 April 2010. The emission data in the message must be sufficiently substantiated and tested independently.

(4) the Federal Minister for agriculture and forestry, environment and water management has with regulation detailed provisions for the indication on the basis of the principles set out in annex 2 and in accordance with article 14 paragraph 1 of Directive 2003/87/EC the European Commission adopted guidelines to set.

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

14 § 9 is as follows:


"Section 9 (1) every owner of a plant approved in accordance with article 4 is required to present a certificate of an independent inspection body pursuant to section 10 on the carried out audit of emissions together with the message in accordance with § 8. The authorization referred to in section 4 and any changes of the authorization referred to in article 6 are to be used in the examination.

(2) each aircraft operator is required, together with the message in accordance with § 8 a certificate of an independent inspection body in accordance with § 10 c on the carried out audit of emissions, as well as for the purpose of an application according to § 17 c or section 17 d a certificate of an independent inspection body pursuant to section 10 c of the carried out verification of tonne-kilometre data to submit. When assessing this is approved monitoring concept to be used pursuant to Article 7a, paragraph 3.

(3) in the case of the examination are in provisions contained in a regulation of the Federal Minister for agriculture and forestry, environment and water management on the application of these principles and any implementing provisions, which has adopted the European Commission in accordance with article 15 of Directive 2003/87/EC, to comply with the principles set out in annex 3 and 3a and the.

(4) any holder of plant has the Federal Minister for agriculture and forestry, to teach environmental and water management respectively before the beginning of the period and a change of the test facility according to § 10 para 1, which independent inspection body has been appointed to audit the message. Each aircraft operator has the Federal Minister for agriculture and forestry, environment and water before beginning a period referred to in Article 17a to teach c which independent inspection body has been appointed to audit the message for the first time but until October 30, 2010, and when changing the testing device in accordance with § 10. The Federal Minister for agriculture and forestry, environment and water management can apply the holder or the aircraft operator with notice, to choose another testing facility, if there are justified doubts as to the independence of the institution by the plant owner / operators E.g. by engraving sample checks.

(5) the Federal Ministry of agriculture and forestry, environment and water management has to recognize the emission message according to § 8 as sufficiently tested, if a corresponding confirmation of an independent inspection body in accordance with section 10 or section 10 c in and no reasonable doubt that correct information was given to the overall emissions. The Federal Minister for agriculture and forestry, environment and water management can be dispelled doubt within two weeks, can a special review of the emission message, of the inspection report and the underlying documents of the system or of the aircraft operator in terms of greenhouse gas emissions carry and on the basis of this review the emissions were reported emissions of greenhouse gases of the plant or the aviation activities carried out by the aircraft operator for the calendar year, for the , set by decision. He can use this verification the Federal Environmental Agency. The cost of the review are to wear, if the audit reveals that the message of the facility owner or of the aircraft operator was incorrect by the system owner or by the aircraft operators.

(6) a facility owner or operators, whose emission message up to 31 March each year in relation to the previous year by the independent inspection body referred to in annex 3 or 3a and a regulation in accordance with para 1 as well as any implementing rules adopted by the Commission in accordance with article 15 of Directive 2003/87/EC as dissatisfied providing rated or by the Federal Ministry of agriculture and forestry , Environment and water management, by 30 April each year in accordance with paragraph 5 was not sufficiently recognized, is not entitled to transfer allowances until a message of this owner or aircraft operator is satisfied was rated satisfactory. After 31 March every year, the Registrar performs transfers of emission allowances only if there is a positive test report.

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

15. the heading to § 10 is as follows:

"Independent testing facilities for plants"

16. According to § 10, b is inserted the following § 10 c together with heading:

"Independent testing facilities for aircraft operators



§ 10c. Independent testing facilities for emissions from aviation activities must be accredited in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council on the requirements for accreditation and market surveillance relating to the marketing of products, OJ "No. L 218 of August 13, 2008 S. 30."

17. the heading to section 4 reads:

"Allotment and allocation of emission allowances for plants"

18. in article 11, paragraph 1, the word is "each" deleted according to "as of 2008".

19. in article 11, paragraph 7, the words "following periods" be replaced by the words "following period" in the second set. The phrase "for the period 2013 to 2017 of March 31, 2011" in the fourth sentence is omitted.

20. in article 11, paragraph 8, in the first sentence the words "Periods from 2008" replaced by the words "The period from 2008 to 2012" and deleted the words "period referred to in paragraph 1".

21. in article 13, paragraph 1, the words account for in the first sentence ", for each subsequent five year period 12 months before the beginning of the period" deleted. In the second sentence, the words "for the period 2013 to 2017 of March 31, 2011" are eliminated.

22 § 15 and 16 together with headings § are eliminated.

23 the section name "article 5" and the section heading "Allowances" are eliminated.

24. under article 17, the following article 5 together with the headings shall be inserted:

"Article 5

Assignment and allocation of allowances for aviation activities

Trading periods for air traffic



§ 17a. (1) the first trading period for activities listed in annex 1a begins on January 1, 2012 and ending on December 31, 2012.

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

Allocation of allowances to aircraft operators by auction



§ 17 b. In the first and second trading periods referred to in Article 17a is respectively the number of certificates, which the Republic of Austria, by a regulation of the European Commission in accordance with Article 3d (3) of Directive 2003/87/EC assigns to auction by the Federal Minister for agriculture and forestry, environment and water management.

Assignment and allocation of allowances to aircraft operators



§ 17c. (1) for each period referred to in Article 17a, each aircraft operator at the Federal Ministry of agriculture and forestry, environment and water management can apply for the free allocation of allowances until 31 March 2011. The application has to contain according to annex 1a for the review year the tonne-kilometre data for the aviation activities carried out by the operator of this aircraft tested in accordance with section 9, paragraph 2. Review for the first and second trading period is the year 2010.

(2) the Federal Minister for agriculture and forestry, environment and water management has to submit applications referred to in paragraph 1 until June 30, 2011 for the first and second trading period in accordance with Article 17a of the European Commission.

(3) within three months from the date on which the Commission makes a decision under article 3e-paragraph 3 of Directive 2003/87/EC, calculates and publishes the Federal Minister for agriculture and forestry, environment and water management:



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

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


(4) before the beginning of each trading period the Federal Minister for agriculture and forestry, environment and water management allocates calculated in accordance with paragraph 3, with notice the free emission allowances, the aircraft operators. The Federal Minister for agriculture and forestry, environment and water management has until February 28th each year beginning in 2012 the booking of the number of emission allowances, the each aircraft operator in accordance with paragraph 3 No. 2 or from the special reserve pursuant to section 17 d subsection 6 Z 2 for that year by decision were allocated to get to the account of the air vehicle operator in the register pursuant to § 21.

Special reserve for certain aircraft operators



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



1. the air vehicle operator after the monitoring year 2010 absorbs an aviation activity listed in annex 1a or 2 the tonne-kilometre of the aircraft operator between the monitoring year and the year 2014 at an average of more than 18 per cent annually have grown.

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

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

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



1 verified tonne-kilometre data Annexes 2a and 3a for the aviation activities referred to in annex 1A, that the aircraft operator has run in 2014, 2. the proof that the criteria referred to in paragraph 1 are met, and 3rd in the case of an application after par. 1 Z 2: a) the indication of the percentage increase in the air traffic activity of the air vehicle operator in tonne-kilometres between 2010 and the year 2014 , b) the absolute growth in the air traffic activity of the air vehicle operator in tonne-kilometres between 2010 and the year 2014 and c) the absolute growth in the air traffic activity of the air vehicle operator in tonne-kilometres per cent going beyond referred percentage of 18 Z 2 which in paragraph 1, between 2010 and the year 2014.

(5) until 15th December 2015 the Federal Minister for agriculture and forestry, environment and water management of the European Commission submitted the applications, 1 set on time have arrived according to paragraph 3.

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



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

(b) in the case of an aircraft operator pursuant to par. 1 Z 2 by multiplying the indicative target with the absolute growth in tonne-kilometres, which in paragraph 1 per cent goes beyond specified percentage of 18 No. 2 and in the request submitted to the Commission is specified;

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

(7) the Federal Ministry of agriculture and forestry, environment and water management allocates the allowances with notice the aircraft operators.

(8) the Republic of Austria attributable to emission allowances from the special reserve, not assigned, will be auctioned by the Federal Ministry of agriculture and forestry, environment and water management."

25. According to section 17 d, following section title and section heading shall be inserted:

"Article 6

Tax, transfer and cancellation of allowances"

26. the heading to § 18 is as follows:

"Delivery of emission allowances for plants"

27 paragraph 18 paragraph 1:

"(1) the owner of a plant approved in accordance with article 4 is required for the plant no later than 30 April each year from 2006 to submit the number of emission allowances the Federal Ministry of agriculture and forestry, environment and water management, which corresponds to the total emissions of the installation inspected pursuant to § 9 in the preceding calendar year. These allowances are then to delete. Emission allowances, which have been transmitted in accordance with article 19, paragraph 1, can be used for the fulfillment of obligations of an owner. Emission allowances, which have been allocated in accordance with article 5 or in accordance with chapter II of Directive 2003/87/EC and booked, can be for the fulfillment of obligations of an owner's."

28. According to article 18, 18a the following paragraph with heading shall be inserted:

"Delivery of emission allowances to aircraft operators



§ 18a. (1) each aircraft operator is required to submit the number of emission allowances by 30 April each year starting in 2013 of the Federal Ministry of agriculture and forestry, environment and water management that corresponds to the total emissions of the aircraft operated by him tested pursuant to § 9 in the preceding calendar year. The emission allowances surrendered in accordance with this paragraph are subsequently removed. Emission allowances, which have been transmitted in accordance with article 19, paragraph 1, can be used for the fulfillment of obligations of an air vehicle operator.

(2) in the first period referred to in Article 17a, paragraph 1 the aircraft operators can use per cent certified emission reductions and emission reduction units the number of certificates that must leave referred to in paragraph 1, to the extent of up to 15."

29. in article 19, paragraph 2, the words "Facility or an aircraft operator" be inserted after the word "Holder".

30. in article 19, paragraph 3, the words "Facility or an aircraft operator" are inserted after the word "Holder".

31. under section 19, the following section title and section heading shall be inserted:

"Section 7:"

Certified emission reductions and emission reduction units"

32. paragraph 19a:

"article 19a. If a plant holder to fulfil his obligations in accordance with section 18 or if an aircraft operator to fulfil his obligations in accordance with § 18a use certified emission reductions and emission reduction units, by the Federal Ministry of agriculture and forestry, environment and water management an immediately check emission certificate in Exchange for a certified emission reductions or emission reduction unit awarded. Certified emission reductions and emission reduction units, which are been used during a period from the plant owners to fulfil their obligations in accordance with section 18 or by aircraft operators to meet their obligations in accordance with § 18a, be deleted from the register."

33. paragraph 19b:

"article 19 b." "With regard to project activities referred to in article 6 and in accordance with article 12 of the Kyoto Protocol, for which the recognition of in Austria as a Contracting Party in accordance with Annex 1 of the framework Convention of the United Nations on climate change is sought, are § 38 of the environmental support act - UFG, BGBl. No. 185 / 1993, amended, and the guidelines in accordance with § 43 apply UFG."

34. According to the § 19b following section title and section heading shall be inserted:

"Section 8:"

Validation, registration and legal character of emission certificates"

35. paragraph 20:

Section 20 (1) the emission certificates "are valid for emissions referred to periods for which they are awarded during the in article 13, paragraph 1 and Article 17a.

(2) four months after the beginning of each period has to delete environment and water emission certificates no longer valid are and were not in accordance with section 18 or section 18a and deleted or deleted in accordance with § 19 para 3, the Federal Minister for agriculture and forestry. As a replacement for these emission allowances the Federal Minister of agriculture and forestry has, to give environment and water emission allowances for the current period to the facility owners and operators."

36. in article 21, para 1a be inserted after the word "Investment owner" the words "and the aircraft operators".


37. the section name "article 6" replaces "9 section" after section 22 the section name.

38. paragraph 24:

"§ 24. "The facility owner and the aircraft operator pursuant to section 8 of this Act are as environmental information within the meaning of the environmental information Act, the allocation of emission allowances, information on project activities in which plant owners or operators with approval of the Federal Minister for agriculture and forestry, environment and water management participate, and the messages BGBl. No. 495 / 1993, amended, the public accessible to make."

39. According to article 26, the following Article 26a is inserted:

'Article 26a. Aircraft operators have the Federal Ministry of agriculture and forestry to make known a delivery agent environment and water management, if they have no seat in Austria. "

40. paragraph 27 paragraph 1:

(1) if the Act not the offence constitutes a punishable judicial action, commits an administrative offence and is to be punished



1. with fine up to 35 000 euro, who engaged in an activity referred to in annex 1 or in accordance with a regulation in accordance with § 2 paragraph 3 without permission in accordance with §§ 4 or 6 after January 1, 2005;

2. with fines up to EUR 7 000 who monitored the emissions of an installation not in accordance with the regulation referred to in article 7 and the notification pursuant to article 4, approved pursuant to section 4, not or not timely reports on them (article 8 and article 12) or no certificate of an independent inspection body shall submit (section 9) and who monitored the emissions of aviation activity in accordance with Section 7a, failure presents the concept of monitoring in accordance with Article 7a, paragraph 3 , the emissions from aviation activities not or not timely reports (article 8) or no certificate of an independent inspection body shall submit (section 9);

3. with fine up to 5 000 euros, who is a message according to § 6 not timely reimbursed;

"4. with a fine corresponding to at least the annual fee for the account of the respective plant or the aircraft operator in the register pursuant to § 21, but no more than 15 000 euro, who a message in accordance with § 21 para 1a not or not timely reimbursed."

41. paragraph 28:

"Section 28 (1) owner of a plant approved in accordance with section 4, that not until April 30th of the years 2006, 2007 and 2008 submit a sufficient number of emission allowances to cover their emissions last year, have a penalty payment of 40 euro for every tonne of carbon dioxide equivalent, for which the holder has issued no allowances payable. The performance of this penalty payment shall release the holder from the obligation to submit emission certificates equal to the excess of these emissions, if he submits the allowances for the following calendar year.

(2) the holder of a plant approved in accordance with section 4, who did not give off a sufficient number of emission allowances to cover their emissions until April 30th of each year from 2009 in the previous year, have a penalty payment of EUR 100 for each tonne of carbon dioxide equivalent, for which the holder has issued no allowances payable. Aircraft operators, who do not give off a sufficient number of emission allowances to cover their emissions to 30 April of each year starting in 2013 in the previous year, have a penalty payment of EUR 100 for each tonne of carbon dioxide equivalent, for which the aircraft operator has issued no allowances payable. This penalty payment does not relieve the owner or aircraft operator from the obligation to submit emission certificates equal to the excess of these emissions, if he submits the allowances for the following calendar year.

(3) for emission allowances issued from 1 January 2013, the penalty payment in accordance with paragraph 2, according to the European consumer price index increases.

(4) the collection of the penalty payments is the Federal Minister for agriculture and forestry, environment and water management, which made use of the Registrar to do so.

(5) the sanction payments withheld under this Federal Act accrue to the Austrian JI/CDM programme in accordance with environmental support Act.

(6) the names of the owners and aircraft operators that violate the obligations according to section 18 and section 18a to submit of a sufficient number of emission allowances, will be published on the homepage of the Federal Ministry of agriculture and forestry, environment and water management.

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

42. in article 31 is for the phrase "25.10.2003 p. 32," the phrase 'as last amended by Directive 2009/29/EC, OJ "No. L 140 of the 05.06.2009 S. 63," added.

43. designation and heading to annex 1 are:

"Appendix 1 to § 2 para 1 subpara 1"

Categories of activities in plants"

44. pursuant to annex 1 following annexes 1a and 1B are inserted:

"Annex 1a to § 2 para 1 No. 2"

Categories of aviation activities

 







Activities









Greenhouse gases









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



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

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

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

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

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

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

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

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

(i) flights within the framework of public service obligations in accordance with Regulation (EEC) No 2408/92 on routes within areas in remote regions within the meaning of article 299 paragraph 2 of the EC Treaty or on routes with a proposed capacity of at most 30 000 seats per year; and j) flights which are operated by a commercial aircraft operators, as far as either the number of these flights in each of three consecutive four-month periods is less than 243 or the annual carbon dioxide total emissions of these flights amount to less than 10 000 tonnes. Flights performed exclusively to non-transport in the exercise of their duties of ruling monarchs and members of their immediate families, as well as heads of State, heads of Government and Government Ministers of a Member State, are not exempted from the provisions under this paragraph.



Carbon dioxide





Annex 1 article 8, para. 3 (b)

Categories of activities for which pursuant to § 8 section 3 an emission message to convey is

The threshold values given below generally refer to production capacities or outputs. A plant holder carries out several activities, which are listed in the following list, under same number in a plant or at a site, the capacities of such activities are added together.

For the purposes of article 8, para. 3, emission messages are only to provide covered installations, as far as the plants concerned are not already included existing activity categories under annex 1 to of this annex.


For the calculation of the total fuel heat output, a system adds the fuel thermal capacity of all technical units, which are part of the system and where burning within the plant fuel. These units can include all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, calcination furnaces, kilns, ovens, dryers, engines, fuel cells, CLC units ("chemical looping combustion units"), flares, and thermal or catalytic afterburners Act. Units with a rated thermal input of less than 3 MW, and units using exclusively biomass, are excluded from this calculation. "Units using exclusively biomass" are also units that use fossil fuels only during start-up and shut-down.

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







Activities









Greenhouse gases









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





Carbon dioxide







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





Carbon dioxide







Production of primary aluminium





Carbon dioxide and perfluorocarbons







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





Carbon dioxide







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





Carbon dioxide







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





Carbon dioxide







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





Carbon dioxide







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





Carbon dioxide







Production of nitric acid





Carbon dioxide and nitrous oxide







Production of adipic acid





Carbon dioxide and nitrous oxide







Production of Glyoxal and Glyoxylic





Carbon dioxide and nitrous oxide







Production of ammonia





Carbon dioxide







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





Carbon dioxide







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





Carbon dioxide







Production of soda (Na2CO3) and sodium bicarbonate (NaHCO3)





Carbon dioxide





45. in the heading to annex 2 the words be added after the word "Reporting" "of emissions from plants".

46. According to annex 2, the following Annex 2a is inserted:

'Annex 2a to sections 7a and 8, 17 c, 17 d

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



1. monitoring of carbon dioxide emissions that monitoring of emissions according to § 7a is done by calculation. The emissions are calculated using the following formula:



              Fuel consumption × emission factor

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



Method A:





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





Method B:





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



There are no data on the actual fuel consumption, fuel consumption is estimated on the basis of the best available information according to a standardized multi level concept.

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

A separate calculation is made for each flight and each fuel.



2. each aircraft operator takes reporting of emissions in its emission message in accordance with § 8 with the following information:

A. information to the aircraft operators, including



-Name of the aircraft operator;

-competent management Member State;

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

-Aircraft registration numbers and types in the reporting period for the aviation activities of the operator in accordance with annex 1a of aircraft types;

-The number and issuing authority of the air operator certificate and operating licence under which the aviation activities of the operator in accordance with annex 1a conducted;

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

-Name of the aircraft owner.

(B). For each type of fuel for which emissions are calculated:



-Fuel consumption;

-Emission factor;

-Total of aggregated emissions from all flights performed during the reporting period within the framework of the aviation activities of the operator referred to in annex 1a;

-aggregated emissions – all flights performed during the reporting period within the framework of the aviation activities of the operator referred to in annex 1a and that went off from an aerodrome in the territory of a Member State and ended up at an airport in the territory of the same Member State;

– all other flights performed during the reporting period within the framework of the aviation activities of the operator referred to in annex 1a;

-aggregated emissions from all flights performed during the reporting period within the framework of the aviation activities of the operator referred to in annex 1a and who - went down from each Member State and in each Member State from a third country arrived;

-Uncertainty.

3. monitoring of tonne-kilometre data for the purpose of § § 17 c and 17 d in applying for the allocation of allowances in accordance with section 17 c the amount of aviation activity in tonne-kilometres is calculated according to the following formula 1 or section 17 d subsection 1:


Tonne-kilometre route = × payload,.

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

The following applies for calculating the payload:



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

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

4. each aircraft operator takes reporting on tonne-kilometre data for the purpose of § § 17 c and 17 d subsection 1 or section 17 d, paragraph 1 the following information in its application pursuant to section 17 c:

A. information to the aircraft operators, including



-Name of the aircraft operator;

-competent management Member State;

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

-Aircraft registration numbers and in the year of application for the aviation activities of the operator in accordance with annex 1a of aircraft types;

-The number and issuing authority of the air operator certificate and operating licence under which the aviation activities of the operator in accordance with annex 1a conducted;

-Address, telephone number, fax number and E-Mail address of service authorized contact person in Germany;

-Name of the aircraft owner.

B. Tonnenkilometer data:



-Number of flights aerodrome pair;

– Number of passenger-kilometres by aerodrome pair,

-Number of tonne-kilometres aerodrome pair;

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

-Total number of tonne-kilometres for all flights performed during the year under review and under the aviation activities of the aircraft operator in accordance with annex 1a fall.

47. in the heading to annex 3 the words ' facilities' are added after the word "Emissions".

48. According to annex 3 the following Annex 3a is added:

'Annex 3a to article 9

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



1. the General principles laid down in annex 3 and methods shall apply to the verification of reports of emissions from flights performed in the framework of an aviation activity listed in annex 1a. For this purpose, the following shall apply: a) the term "Holder" to Z 3 of annex 3 is to understand the meaning of an aircraft operator, and referring to the "system" referred to in c of this item is considered a reference to the aircraft, which was used to perform the aviation activities covered by the report

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

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

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

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

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



2. the test apparatus in particular ensures that a) all flights are taken into account, which fall under one of the aviation activities listed in annex 1a. The test facility used for this flight plan data and other data on the operations of the aircraft operator, including data from Eurocontrol, the air vehicle operator is requested;

(b) a total consensus between the total fuel consumption data and data on fuel purchasing or other fuel supplies of the aircraft used for air transport activities.

Additional provisions for the verification of tonne-kilometre data submitted for the purposes of § § 17 c and 17 d



3. the General principles laid down in annex 3 and methods for the testing of emissions in accordance with § 9, where appropriate, and analog shall apply to the verification of tonne-kilometre data.

4. the Verifier shall ascertain, in particular, at the request of the aircraft operator pursuant to § 17 c para 1 and section 17 d subsection 1 only flights to consider, actually performed and falling within an aviation activity listed in annex 1a, for which the aircraft operator is responsible. The testing laboratory used data on the operations of the aircraft operator, including data from Eurocontrol requested by the aircraft operator. The testing laboratory ensures also that the payload reported by the aircraft operator corresponds to the payload data that indicates the aircraft operators for security purposes."

Article II

Amendment of the Federal law on the intergovernmental air transport 2008

The Federal Act on the intergovernmental air traffic 2008, Federal Law Gazette I no. 96/2008 is amended as follows:

Article 13, paragraph 1 reads:



              "(1) air carriers should the commercial transportation of persons or property to or from third countries within the framework of an airline (§ 2 Z 2) only perform if the planned flight schedules a permit has been granted by the Austro Control GmbH (flight plan approval)." The flight plan approval is in writing within 30 days, in the case of an application for an air carrier of the community to exercise is not in accordance with the sections 15, 16 or 23 allocated limited air traffic rights not later than 60 days prior to the intended date of the operation to apply and must in addition to the requested flight plans



1. information about the types of aircraft to use with seating and cargo capacity, 2. in the case of air carriers of a third country the detection of Regulation (EC) No. 785/2004 on insurance requirements for air carriers and aircraft operators, OJ "No. L 138 of 30.04.2004 corresponding insurance S. 1, 3. in the case of Community air carriers information, which the meet of the identification requirements (§ 11 par. 2) demonstrate, and 4 for flight schedules from the 2009/2010 winter flight schedule period for the emission certificate Act - EZG, Federal Law Gazette I no. 46/2004, in the current valid version, covered by aircraft operators pursuant to § 7a 3 EZG monitoring concept submitted to the Federal Minister of agriculture and forestry, environment and water included."

Fischer

Faymann