Key Benefits:
89. Federal Act to amend the Emissions Trading Act and the Federal Act on the Interstate Air Transport 2008
The National Council has decided:
Article I
Amendment of the Emissions Trading Act
The federal law on a scheme for greenhouse gas emission allowance trading (Emission Certificate Act-EZG), BGBl. I n ° 46/2004, last amended by BGBl. I n ° 171/2006 and by the Federal Ministry of Finance in 2009, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:
1. § 2 (1) reads:
" (1) This federal law shall apply
| 1. |
for installations in which activities referred to in Annex 1 or 1b or in a Regulation referred to in paragraph 2 are carried out in respect of which the greenhouse gases specified in Annex 1 or 1b or in a Regulation as referred to in paragraph 2 for this activity are emitted , and |
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| 2. |
for aviation activities referred to in Annex 1a, carried out by aircraft operators, to the extent that: |
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| 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. OJ L 293, 31.10.2008 p.3., or |
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| b) |
In accordance with the data provided by the European Commission on the basis of Eurocontrol data, Austria shall have the highest estimate of emissions from aviation activities in accordance with Annex 1a in accordance with the data provided by the European Commission on the basis of Eurocontrol. |
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2. In accordance with Article 2 (1), the following paragraph 1a is added:
" (1a) The aircraft operators covered by this Federal Act pursuant to Section 1 (2) of this Federal Act are listed by the Federal Minister for Agriculture, Forestry, Environment and Water Management in a list on the website of the Federal Ministry of Agriculture and Forestry. Forestry, the environment and water management. 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. In § 2 para. 2, after the words " OJ No. OJ L 275, 25.10.2003 p. 32, " the words " as last amended by Directive 2009 /29/EC, OJ L 136, 31.4.2009, p No. OJ L 140, 05.06.2009 p. 63, " inserted.
4. In § 2 para. 3, after the words "in the allocation plan according to § 11" the words "and into the regulation according to § 13 (1)" inserted.
5. In § 2 para. 4, the words shall be: "and 4" by the words "or in a communication pursuant to § 13 (5)" replaced.
6. § 2 (7) reads:
" (7) At the request of the owner of an installation or of an aircraft operator, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, within eight weeks, determine whether and to what extent this installation or this facility shall be: Air transport activity is subject to this federal law. "
7. § 3 Z 2 reads:
| " 2. |
"Emissions" means the release of greenhouse gases into the atmosphere |
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| a) |
sources in an installation or |
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| b) |
an aircraft carrying out an activity in accordance with Annex 1a; " |
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8. In § 3, the point at the end of the Z 8 is replaced by a stroke; the following Z 9 to 11 are added:
| " 9. |
"aircraft operator" means the person who, at the time when an aviation activity as defined in Annex 1a is carried out, 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 unknown or is not specified by the aircraft owner, the owner of the aircraft; |
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| 10. |
"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; |
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| 11. |
"Award of emission allowances" means the booking of emission allowances to a register account of a plant owner or aircraft operator. " |
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9. The heading to Section 2 is:
"Asset Approvals"
10. In § 4 (3) Z 5, after the word "Emission Allowances" the words "pursuant to § 18 (1)" inserted.
11. The heading to § 7 reads:
"Monitoring of greenhouse gas emissions from plants"
12. In accordance with § 7, the following § 7a with headline is inserted:
" Monitoring of greenhouse gas emissions and tonne-kilometres from aviation activities
§ 7a. (1) Each aircraft operator shall have emissions of greenhouse gases, which shall be less than 1. In accordance with the provisions of this Federal Act, the Regulations adopted and the guidelines of the European Commission pursuant to Article 14 of Directive 2003 /87/EC, to the extent that: they are directly applicable, to monitor them.
(2) Monitoring shall be in accordance with the principles laid down in Annex 2a to this Federal Law. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down detailed rules for monitoring under the principles laid down in Annex 2a and in accordance with the principles laid down in Article 14 (1) of the Directive. 2003 /87/EC guidelines adopted by the European Commission.
(3) 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 § 17c (1) or § 17d (1) (1) with regard to tonne-kilometre data. The monitoring concept is to be presented for the first time by 31 August 2009. 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 must be examined by the Federal Minister for Agriculture, Forestry, the Environment and Water Management and, if it complies with the requirements set out in Section 1 and Section 2, to be approved by the Federal Minister for Agriculture, Forestry, Environment and Water Management. "
13. § 8 reads:
" § 8. (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 shall notify the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the aviation activities he has carried out in accordance with Annex 1a for each calendar year up to 31 March of the The following year shall be transmitted electronically. For the first time, this notification has to be made for installations for the year 2005 and for aircraft operators for the first time for the year 2010. It shall apply the principles laid down in Annex 2 and 2a and the provisions of the Regulation referred to in paragraph 4. Notifications from plant owners shall be sent to a summary in English, messages from aircraft operators may also be sent exclusively in English.
(2) Where an installation is shut down during a calendar year or an activity as set out in Annex 1a is discontinued, the emission declaration shall be made in accordance with paragraph 1 for the period up to the closure.
(3) Each holder of an installation in which an activity is carried out in accordance with Annex 1b shall have the emissions of the plant for the year 2009 in accordance with the provisions of this Federal Law, the Regulations adopted for this purpose and the Regulations referred to in Article 14 of the Directive 2003 /87/EC implementing rules adopted by the European Commission, insofar as they are directly applicable, until 30 April 2010. The emission data in the notification shall be duly substantiated and shall be audited by an independent body.
(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has laid down detailed rules for reporting on the basis of the principles set out in Annex 2 and in compliance with the rules laid down in Article 14 (1) of the Directive. 2003 /87/EC guidelines of the European Commission.
(5) 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 shall be made available in respect of the greenhouse gas emissions required by the owner of the plant or the aircraft operator to be notified under 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 require aircraft operators to be informed. "
14. § 9 reads:
" § 9. (1) Each holder of an installation approved in accordance with § 4 shall be obliged to submit a certificate of an independent testing facility in accordance with § 10 on the examination of the emissions in accordance with § 8. 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 § 8, a certificate of an independent inspection body according to § 10c on the examination of the emissions and for the purposes of an application according to § 17c or § 17d a Certificate of an independent auditor in accordance with § 10c on the examination of the tonne-kilometre data. During the examination, the monitoring concept approved in accordance with Section 7a (3) shall be used.
(3) The examination shall include the principles laid down in Annexes 3 and 3a 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, as well as any provisions concerning the application of these principles. Implementing rules adopted by the European Commission in accordance with Article 15 of Directive 2003 /87/EC.
(4) Each plant owner shall inform the Federal Minister for Agriculture, Forestry, Environment and Water Management before the beginning of the period and upon a change of the test facility pursuant to § 10 paragraph 1, which independent auditor with the verification of the notification has been given. 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 § 17a, but for the first time up to 30. In the event of a change of the test facility in accordance with § 10c, 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 if, by means of sample checks, any reasonable doubt as to the independence of the facility by the holder of the equipment or the holder, or Aircraft operators.
(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to recognise the emission reporting in accordance with § 8 as sufficiently tested if a corresponding confirmation of an independent testing facility pursuant to § 10 or § 10c above , and there are no reasonable doubts as to whether 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 plant or aircraft operator in respect of greenhouse gas emissions and, on the basis of this review, the emissions of greenhouse gases from the installation or the air transport activities carried out by the aircraft operator for the The calendar year for which the emissions have been reported shall be determined . 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) A holder or aircraft operator whose emission reporting by 31 March each year in relation to the previous year by the independent testing facility referred to in Annex 3 or 3a and a regulation as referred to in paragraph 1 as well as any other Implementing rules adopted by the European Commission in accordance with Article 15 of Directive 2003 /87/EC shall be deemed to be unsatisfactory, or by the Federal Minister for Agriculture, Forestry, the Environment and Water Management by 30 April each The year referred to in paragraph 5 has not been recognised as being sufficiently recognised, emission allowances until a notification by that holder or an aircraft operator has been assessed to be satisfactory. After 31 March each year, the register shall only carry out transfers of emission allowances if there is a positive audit report.
(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. "
15. The heading to § 10 reads:
"Independent testing equipment for installations"
16. In accordance with § 10b, the following § 10c including the heading is inserted:
" Independent testing facilities for aircraft operators
§ 10c. Independent testing equipment for emissions from aviation activities shall require accreditation in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council on the requirements for accreditation and market surveillance in the Connection with the marketing of products, OJ C No. OJ L 218, 13.08.2008 p. 30.
17. The heading to Section 4 is:
"Allocation and allocation of emission allowances for installations"
18. In Section 11 (1), the "from 2008" the word "Each" is deleted.
19. In § 11 (7), the words in the second sentence "Subsequent Periods" by the words "the following period" replaced. The phrase "for the period 2013 to 2017 of 31 March 2011," in the fourth sentence.
20. In § 11 (8), in the first sentence, the words "Periods from 2008" by the words "Period from 2008 to 2012" replaced and the words "in the relevant period referred to in paragraph 1" is deleted.
21. In § 13 (1), the words in the first sentence ", for each following five-year period 12 months before the beginning of the period in question" is deleted. In the second sentence, the words "for the period 2013 to 2017 of 31 March 2011".
22. § § 15 and 16 together with headings are deleted.
23. The section label " 5. Section " and the section heading "Emission certificates" .
24. According to § 17, the following 5. Section with headings inserted:
" 5. Section
Allocation and allocation of emission allowances for aviation activities
Trading periods for air transport
§ 17a. (1) The first trading period for the activities referred to in Annex 1a shall begin on 1 January 2008. January 2012 and ends on 31 December 2012.
(2) The second trading period for the activities referred to in Annex 1a shall begin on 1 January 2008. January 2013 and ending on 31 December 2020.
Allocation of emission allowances to aircraft operators through auctioning
§ 17b. In the first and second trading period referred to in Article 17a, the number of allowances allocated to the Republic of Austria by a Regulation of the European Commission in accordance with Article 3d (3) of Directive 2003 /87/EC shall be the number of allowances by which the Federal Minister for Agriculture, Forestry, Environment and Water Management.
Allocation and allocation of emission allowances to aircraft operators
§ 17c. (1) For each trading period according to § 17a, each aircraft operator may apply to the Federal Minister for Agriculture, Forestry, Environment and Water Management for the free allocation of allowances by 31 March 2011. The application shall include the tonne-kilometre data verified in accordance with Article 9 (2) for the aviation activities carried out by this aircraft operator in accordance with Annex 1a for 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 § 17a to 30 June 2011.
(3) Within three months from the date on which the European Commission takes a decision pursuant to Article 3e (3) of Directive 2003 /87/EC, the Federal Minister for Agriculture, Forestry, the Environment and the Environment shall be published and published by the Federal Minister for Agriculture, Forestry, Water management:
| 1. |
the number of emission allowances allocated to each aircraft operator whose application has been submitted to the Commission in accordance with paragraph 2, for the period in question for the period in question. The calculation shall be carried out by multiplying the tonne-kilometre indicated in the application by the indicative value established by the European Commission in accordance with Article 3e (3) of Directive 2003 /87/EC; |
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| 2. |
the emission allowances allocated to each aircraft operator for each year, the number of which shall be determined by dividing the total number of emission allowances calculated in accordance with Z 1 for the trading period by the number of years in the trading period, in where the aircraft operator is to carry out an aviation activity in accordance with Annex 1a. |
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(4) Before the beginning of each trading period, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall inform the aircraft operators of the free emission allowances, calculated in accordance with paragraph 3, with a communication. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has until 28 February each year from 2012 to book the number of emission allowances, which shall be made available to each aircraft operator pursuant to paragraph 3 Z 2 or from the special reserve pursuant to § 17d (6) (2) for the year in question shall be made to the account of the aircraft operator in the register in accordance with § 21.
Special reserve for certain aircraft operators
§ 17d. (1) An aircraft operator may, with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, grant a free allocation of emission allowances from the special reserve, which shall be issued by the European Commission in accordance with Article 3f of the Directive 2003 /87/EC is established and administered for the second trading period, if:
| 1. |
the aircraft operator shall take up an aviation activity referred to in Annex 1a after the 2010 review year, or |
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| 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. |
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(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 2a and 3a for the aviation activities referred to in Annex 1a, which the aircraft operator carried out in 2014, |
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| 2. |
the proof that the criteria referred to in paragraph 1 are met, and |
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| 3. |
in the case of an application as referred to in paragraph 1 Z 2: |
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| a) |
an indication of the percentage increase in the air transport activity of the aircraft operator in tonne-kilometres between 2010 and 2014, |
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| b) |
the absolute increase in the air transport activity of the aircraft operator in tonne-kilometres between 2010 and 2014; and |
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| 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 2010 and 2014. |
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(5) To 15 December 2015, the Federal Minister for Agriculture, Forestry, Environment and Water Management of the European Commission shall submit the applications submitted pursuant to paragraph 3 1. The rate has been reached in due time.
(6) Within three months from 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 and Forestry shall calculate and publish: Environment and water management:
| 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: |
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| 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; |
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| b) |
in the case of an aircraft operator as referred to in paragraph 1 (2), by multiplying the indicative value by the absolute increase in tonne-kilometres, which exceeds the percentage of 18% specified in paragraph 1 (2), and which has been transmitted to the Commission application is indicated; |
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| 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. |
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(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall inform the aircraft operators of the emission allowances.
(8) Emission certificates arising from the special reserve, which have not been allocated to the Republic of Austria, shall be auctioned by the Federal Minister for Agriculture, Forestry, the Environment and Water Management. "
25. In accordance with § 17d, the following section title and section heading shall be inserted:
" 6. Section
Emission, transmission and cancellation of emission allowances "
26. The heading to § 18 reads:
"emission allowances for installations"
27. § 18 (1) reads:
" (1) The holder of a plant approved in accordance with § 4 shall be obliged to provide the number of emission allowances for the plant by 30 April of each year from 2006 at the latest to 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 9. These emission allowances shall then be deleted. Emission allowances transferred in accordance with Section 19 (1) may be used for the performance of the obligations of an owner. Emission allowances according to 5. Section or in accordance with Chapter II of Directive 2003 /87/EC, cannot be used for the fulfilment of the obligations of a holder. "
28. In accordance with § 18, the following § 18a and title shall be inserted:
" Emission of allowances for aircraft operators
§ 18a. (1) Each aircraft operator shall be obliged to submit to the Federal Minister for Agriculture, Forestry, Environment and Water Management the number of emission allowances that are audited in accordance with § 9 until 30 April of each year from 2013. 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 19 (1) may be used for the performance of the obligations of an aircraft operator.
(2) In the first trading period referred to in Article 17a (1), aircraft operators may use 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 paragraph 1. "
29. In § 19 (2), after the word "Owner" the words "an installation or an aircraft operator" inserted.
30. In § 19 (3), after the word "Proprietor" the words "an installation or an aircraft operator" inserted.
31. In accordance with § 19, the following section title and section heading shall be inserted:
" 7. Section:
Certified emission reductions and emission reduction units "
§ 19a reads:
" § 19a. If an asset holder is to benefit from its obligations under § 18 or if an aircraft operator uses certified emission reductions and emission reduction units in order to meet its obligations under § 18a, the Federal Minister for Agriculture, Forestry, Environment and Water Management awarded an emission certificate immediately to be issued in exchange for a certified emission reduction or an emission reduction unit. Certified emission reductions and emission reduction units used during a period by the plant owners to meet their obligations under § 18 or by aircraft operators to meet their obligations under § 18a shall be deleted in the register. "
§ 19b reads:
" § 19b. With regard to the project activities referred to in Article 6 and Article 12 of 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, § 38 of the Environmental Promotion Act-UFG, BGBl. No 185/1993, as amended, as well as the Directives in accordance with Section 43 of the UFG. "
34. According to § 19b, the following section title and section heading are inserted:
" 8. Section:
Validity, registration and legal status of emission allowances "
§ 20 reads:
" § 20. (1) The emission allowances shall be valid for emissions during the periods referred to in Article 13 (1) and in § 17a for which they are awarded.
(2) Four months after the beginning of each 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 § 18 or § 18a or according to § 19 (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 period to the plant owners and aircraft operators. "
36. In Article 21 (1a), after the word "Plant owner" the words "and the aircraft operators" inserted.
37. The section label " 6. Section " pursuant to section 22 shall be replaced by the section title " 9. Section " replaced.
38. § 24 reads:
" § 24. 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 § 8 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. '
39. In accordance with § 26 the following § 26a is inserted:
" § 26a. Aircraft operators have to make known to the Federal Minister for Agriculture, Forestry, Environment and Water Management a service representative, provided that they do not have a seat in Austria. "
40. § 27 (1) reads:
" (1) If the act does not constitute the offence of an act threatened with judicial punishment, an administrative surrender shall be committed and shall be punished.
| 1. |
with a fine of up to 35 000 euros, who is after the 1. Jänner 2005 shall carry out an activity as referred to in Annex 1 or in accordance with a regulation in accordance with Article 2 (3) without authorisation in accordance with § § 4 or 6; |
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| 2. |
with a fine of up to EUR 7 000, who does not monitor the emissions of an installation approved in accordance with § 4 according to § 7 and the communication according to § 4, does not report it or does not report it on time (§ 8 and § 12) or no attestation of a an independent auditor (§ 9) and who does not monitor the emissions of an aviation activity according to § 7a, does not submit the monitoring concept according to § 7a (3) on time, does not or does not include emissions from the aviation activity reports (§ 8) or does not submit a certificate from an independent auditor (§ 9); |
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| 3. |
with a fine of up to EUR 5 000, who does not report a notification in accordance with § 6 on time; |
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| 4. |
with a financial penalty corresponding to at least the annual fees for the account of the respective installation or the aircraft operator in the register in accordance with § 21, but not more than EUR 15 000, who does not or does not have a notification pursuant to Article 21 (1a) " |
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41. § 28 reads:
" § 28. (1) Holder of an installation approved in accordance with § 4, which does not surrender a sufficient number of emission allowances to cover its emissions in the previous year until 30 April of 2006, 2007 and 2008, has a penalty payment of 40 euros for to pay each tonne of carbon dioxide equivalent for which the holder has not issued any emission allowances. The performance of this penalty payment shall not release the holder from the obligation to surrender emission allowances in the amount of the excess emissions if it delivers the emission allowances for the following calendar year.
(2) Holds of an installation approved in accordance with § 4, which do not deliver a sufficient number of emission allowances to cover their emissions in the previous year from 2009 onwards, have a sanction payment of 100 euros for each Tonne of carbon dioxide equivalent for which the holder has not issued any emission allowances. 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: .
(3) For from 1. Emissions allowances issued in January 2013 will increase the penalty payment in accordance with paragraph 2, in accordance with the European Consumer Price Index.
(4) The recovery 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.
(5) The penalty payments, which are repealed pursuant to this Federal Act, are to be paid to the Austrian JI/CDM Programme in accordance with the Environmental Promotion Act.
(6) The names of the owners and aircraft operators who violate the obligations under § 18 and § 18a to submit a sufficient number of emission allowances shall be on the homepage of the Federal Ministry for Agriculture and Forestry, Environment and water management.
(7) An aircraft operator does not comply with the provisions of this Act and the Federal Minister for Agriculture, Forestry, the Environment and Water Management finds that compliance with the rules is not through any other enforcement measures The Federal Minister for Agriculture, Forestry, the Environment and Water Management can ask the European Commission to decide on an operating support for the aircraft operator concerned. "
42. In § 31, after the expression "25.10.2003 p. 32," the phrase " as last amended by Directive 2009 /29/EC, OJ L 136, 31.4.2009, p No. OJ L 140, 05.06.2009 p. 63, " inserted.
The title and heading to Annex 1 are:
" Annex 1
§ 2 para. 1 Z 1
Categories of activities in installations "
The following Annexes 1a and 1b shall be inserted in accordance with Annex 1:
" Annex 1a
§ 2 para. 1 Z 2
Categories of aviation activities
| Activities |
Greenhouse gases |
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| A flight departure from an aerodrome or at an airport situated in a territory of a Member State to which the EGV applies. Not covered by this activity:
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Carbon dioxide |
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Annex 1b
on § 8 (3)
Categories of activities for which an emission notification is to be transmitted in accordance with Section 8 (3)
The thresholds set out below generally relate to production capacities or services. Where a plant owner carries out a number of activities under the same paragraph in the following list, in a facility or in a location, the capacity of those activities shall be added.
For the purposes of Article 8 (3), emissions reporting to installations covered by this Annex shall be submitted only to the extent that the installations concerned are not already covered by existing categories of activity in Annex 1.
For the calculation of the total fuel heat output of an installation, the fuel heat outputs of all technical units which are part of the plant and in which fuels are burned inside the installation are added. 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 thermal 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.
The concept of incineration refers to the oxidation of fuels, irrespective of the way in which the heat, the electricity and the mechanical work produced in this process are used and, including all the others, directly related activities, including exhaust gas scrubbing.
| Activities |
Greenhouse gases |
| Combustion of fuels in plants with an approved overall fuel heat output of more than 20 MW (excluding installations for the incineration of hazardous or municipal waste); |
Carbon dioxide |
| Manufacture 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 |
| Manufacture of primary aluminium |
Carbon dioxide and perfluorocarbons |
| Production of secondary aluminium in the operation of combustion units with a total fuel heat output of more than 20 MW |
Carbon dioxide |
| Manufacture 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 those used as Reducing agents used for reducing agents) of more than 20 MW |
Carbon dioxide |
| Manufacture of insulating material made of mineral wool using glass, stone or slag with a melting capacity of more than 20 tonnes per 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 |
| Production of industrial products by carbonization of organic substances such as oils, tar, cracking and distillation residues in the operation of combustion units with a total fuel heat output of more than 20 MW |
Carbon dioxide |
| Production of nitric acid |
Carbon dioxide and nitrous oxide |
| Preparation of adipic acid |
Carbon dioxide and nitrous oxide |
| Preparation of glyoxal and glyoxylic acid |
Carbon dioxide and nitrous oxide |
| Production of ammonia |
Carbon dioxide |
| Production 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 |
| 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 |
| Production of soda (Na 2 CO 3 ) and sodium bicarbonate (NaHCO 3 ) |
Carbon dioxide |
45. In the heading to Annex 2, after the word "Reporting" the words "from emissions from installations" .
The following Annex 2a is inserted after Annex 2:
" Annex 2a
§ § 7a, 8, 17c and 17d
Principles for the monitoring and reporting of emissions and tonne-kilometres from aviation activities
| 1. |
Monitoring of carbon dioxide emissions |
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The monitoring of emissions in accordance with § 7a shall be carried out by calculation. The calculation of emissions shall be carried out according to 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 estimated on the basis of the best available information according to a standardised multi-stage concept.
Standard emission factors are 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 |
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Each aircraft operator shall include in its emission reporting in accordance with Article 8 the following information:
A. Information on the operator of the aircraft, including:
| - |
the name of the aircraft operator; |
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| - |
the administering Member State responsible; |
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| - |
Address, including postal code and country, and, if different, contact address in the Member State of administration; |
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| - |
aircraft registration numbers and the types of aircraft used in the reporting period for the operator's aviation activities in accordance with Annex 1a; |
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| - |
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 have been carried out in accordance with Annex 1a; |
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| - |
Address, telephone number, fax number and e-mail address of a contact person; |
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| - |
Name of the aircraft owner. |
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B. For each fuel type, for which emissions are calculated:
| - |
fuel consumption; |
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| - |
emission factor; |
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| - |
the total value of the aggregated emissions from all the flights carried out during the reporting period in the framework of the operator's aviation activities in accordance with Annex 1a; |
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| - |
aggregated emissions from |
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| - |
all flights carried out during the reporting period in the framework of the operator's aviation activities referred to in Annex 1a and which have departed from an aerodrome in the territory of a Member State and at an aerodrome in the territory of a Member State; of the same Member State; |
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| - |
all other flights carried out during the reporting period as part of the operator ' s aviation activities in accordance with Annex 1a; |
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| - |
aggregate emissions from all flights carried out during the reporting period in the framework of the operator's aviation activities in accordance with Annex 1a, and |
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| - |
from each Member State, and |
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| - |
have arrived in each Member State from a third country; |
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| - |
Insecurity factor. |
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| 3. |
Supervision of tonne-kilometre data for the purposes of § § 17c and 17d |
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In order to apply for the allocation of allowances in accordance with § 17c (1) or § 17d (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 airports plus an additional fixed factor 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; |
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| - |
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. |
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| 4. |
Reporting of tonne-kilometre data for the purposes of § § 17c and 17d |
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In accordance with Section 17c (1) or § 17d (1), each aircraft operator shall provide the following information in its application:
A. Information on the operator of the aircraft, including:
| - |
the name of the aircraft operator; |
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| - |
the administering Member State responsible; |
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| - |
Address, including postal code and country, and, if different, contact address in the Member State of administration; |
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| - |
aircraft registration numbers and the types of aircraft used in the application year for the operator's aviation activities in accordance with Annex 1a; |
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| - |
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 have been carried out in accordance with Annex 1a; |
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| - |
Address, telephone number, fax number and e-mail address of an authorized representative at home; |
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| - |
Name of the aircraft owner. |
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B. Tonnenkilometer data:
| - |
number of flights per pair of aerodrome; |
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| - |
Number of passenger kilometres per pair of aerodrome; |
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| - |
Number of tonne-kilometres per pair of aerodrome; |
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| - |
method used for the calculation of the mass of passengers and baggage taken up; |
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| - |
Total number of tonne-kilometres for all flights carried out in the year under review and covered by the aviation activities of the aircraft operator in accordance with Annex 1a. |
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47. In the heading to Annex 3, after the word "Emissions" the words "from Assets" .
48. In Annex 3, the following Annex 3a is added:
" Annex 3a
on § 9
Criteria for the testing of emissions and tonne-kilometres from aviation activities
| 1. |
The general principles and methods laid down in Annex 3 shall apply to the examination of reports relating to emissions from flights in the context of an aviation activity referred to in Annex 1a. For this purpose, the following shall apply: |
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| a) |
The term "holder" in accordance with Z 3 of Annex 3 shall be understood in the sense of an aircraft operator and the reference to the "Appendix" referred to in point (c) of this paragraph shall be deemed to be a reference to the aircraft used to carry out the activities under the Report on aviation activities covered by the report; |
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| b) |
In the case of Z 5, the reference to the installation shall be deemed to be a reference to the aircraft operator; |
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| 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; |
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| 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; |
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| 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 |
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| f) |
the reference to the operator shall be deemed to be a reference to the aircraft operator under Z 10. |
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Additional provisions for the examination of reports on emissions from aviation
| 2. |
The test facility shall, in particular, ensure that: |
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| a) |
all flights falling under one of the aviation activities referred to in Annex 1a shall be taken into account. The test facility 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; |
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| 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. |
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Additional provisions for the examination of tonne-kilometre data, which were transmitted for the purposes of § § 17c and 17d
| 3. |
The general principles and methods for the testing of emissions referred to in § 9, as set out in Annex 3, shall also apply, as appropriate, to the verification of tonne-kilometre data. |
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| 4. |
In particular, the investigator shall ensure that, in the aircraft operator's request pursuant to Section 17c (1) and § 17d (1), only flights which have actually been carried out and which have been carried out under one of the aviation activities listed in Annex 1a , for which the aircraft operator is responsible. For this purpose, the test body shall use data on the operation of the aircraft operator, including data from Eurocontrol, which the aircraft operator has requested. The test body shall also ensure that the payload communicated by the aircraft operator corresponds to the payload data which the aircraft operator specifies for the purpose of safety. " |
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Article II
Amendment of the Federal Act on the Interstate Air Transport 2008
The Federal Act on the Interstate Air Transport 2008, BGBl. I n ° 96/2008, as follows:
Section 13 (1) reads as follows:
" (1) air carriers may only carry out the commercial carriage of persons or property from or to third countries within the framework of a flight line (§ 2 Z 2) only if the planned flight plans are approved by Austro Control GmbH (flight plan approval). No later than 30 days, in the case of an application by a Community air carrier, the flight plan permit shall not at the present time be authorised in accordance with § § 15, 16 or 23 of the assigned restricted air traffic rights at the latest. Apply for 60 days prior to the intended date of the operation and must be in addition to the flight plans requested
| 1. |
Information on the types of aircraft used with the seating or seating areas, respectively cargo capacity, |
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| 2. |
in the case of air carriers from a third country, proof of Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators, OJ L 327, 22.11.2004, p. No. OJ L 138, 30.4.2004, p. 1. |
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| 3. |
in the case of Community air carriers, information concerning the fulfilment of the requirements of the names of names (Article 11 (2)), and |
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| 4. |
for flight schedules from the winter season 2009/2010 for the emission certificate law-EZG, BGBl. I n ° 46/2004, in the current applicable version, aircraft operators covered by the Federal Minister for Agriculture, Forestry, Environment and Water Management according to § 7a para. 3 ECG |
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| " |
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Fischer
Faymann
