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279. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the allocation of emission allowances for the period 2008 to 2012 (allocation regulation 2. period)
On the basis of § 13 (1) of the Emissions Trading Act (ECG), BGBl. I n ° 46/2004, as last amended by the Federal Law BGBl. I No 171/2006, is being prescribed in agreement with the Federal Minister for Economic Affairs and Labour:
Total number of emission allowances
§ 1. The total number of emission allowances for the period 2008 to 2012 is 153 649 530. This corresponds to the expected emissions of the affected plants (business as usual) less a climate protection contribution of an average of 7 429 270 tonnes of carbon dioxide per year. The fixed reserve for new entrants, set out in accordance with § 13 (5) second sentence of the ECG from the total amount of emission allowances, amounts to 1 536 500 emission allowances. 2 000 000 emission allowances are to be aucted according to § 14 para. 2 of the ECG. Thus, for the period from 2008 to 2012, a total of 150 113 030 emission allowances will be allocated free of charge to existing plants pursuant to § 13 para. 1 second sentence of the ECG.
Breakdown by sector
§ 2. (1) The annual free allocation of emission allowances for sectors shall be carried out in accordance with the following formula:
Free allocation Sector = (Business as usual Sector -Climate protection contribution Sector ) * ReserveFactor-Auction Part Sector. |
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The reserve factor for all sectors is 0.99 and serves to apply the fixed reserve for new entrants in accordance with § 13 para. 5 second sentence EZG. |
(2) The climate protection contribution to be deducted from the expected emissions from the electricity sector amounts to 4,052 877 tonnes of carbon dioxide per year. In addition, an auction share of 100 000 emission allowances per year will be deducted for the sector.
(3) The climate protection contribution to be deducted from the expected emissions from the district heating sector amounts to 73 507 tonnes of carbon dioxide per year. In addition, an auction share of 7 251 emission allowances per year will be deducted for the sector.
(4) The climate protection contribution to be deducted from the expected emissions from the mineral oil processing sector amounts to 421 786 tonnes of carbon dioxide per year. In addition, a auction share of 37 035 emission allowances per year will be deducted for the sector.
(5) The climate protection contribution to be deducted from the expected emissions from the Integrated Hüttenwerke sector amounts to 1 960 199 tonnes of carbon dioxide per year. In addition, an auction share of 140 747 emission allowances per year will be deducted for the sector.
(6) The climate protection contribution to be deducted from the expected emissions from the Other industry sector is 920 901 tonnes of carbon dioxide per year. In addition, an auction share of 114 967 emission allowances per year will be deducted for the sector.
Division between activities and sectors
§ 3. (1) The activities referred to in Annex 1 of the ECG are recorded in the sectors referred to in paragraph 3.
(2) The calculation of the average annual allocation of emission allowances for the sectors shall be calculated in accordance with the following formula:
Free allocation (08-12) Industry = Allocation basis Industry * WF Industry * PF Industry * EF Industry |
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The factors of the formula are defined as follows: |
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1. |
The allocation base for the industry corresponds to the sum of the allocation base values for the individual plants within the industry, which are determined in accordance with § 4 Z 1. |
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2. |
The growth factor of the industry (WF Industry ) results from the business as usual scenario for the respective industry and is calculated according to the following formula: |
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WF Industry = Business as usual Industry /Allocation Base Industry . |
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3. |
As a business as usual scenario of an industry, the expected development of carbon dioxide emissions in an objectively comprehensible forecasting process is on average for the years 2008 to 2012. |
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4. |
The potential factor of the industry (PF) Industry ) is the result of the sum of the plant potential factors weighted by the fossil carbon dioxide emissions. |
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5. |
The performance factor of the sector (EF Industry ) purpose is to match the number of emission allowances allocated at the sectoral level with the emission allowances available for the sector. The performance factor shall be calculated according to the following formula: |
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EF Industry = Free allocation Sector /? Industry Allocation Base Industries * WF Industries * PF Industries |
(3) From the calculations on the basis of the formulae in accordance with § 2 and § 3 (2), the following breakdown of the free-of-charge emission allowances according to § 1 of the last sentence to the individual sectors for the period 2008 to 2012 is to be calculated:
1. |
Sector/sector Electricity economy |
37 992 016 |
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2. |
Sector/sector district heating |
2 709 815 |
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3. |
Sector/industry Mineral oil processing |
13 841 515 |
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4. |
Sector/sector Integrated metallurgical plants |
52 602 285 |
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5. |
Sector Other industry |
42 967 399 |
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a) |
Industry Other iron and steel industry |
454 645 |
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b) |
Industry cement industry |
13 802 637 |
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c) |
Industry Paper Industry |
11 094 766 |
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d) |
Industry Chemical industry |
4 245 409 |
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e) |
Industry lime industry |
4 378 412 |
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f) |
Sector of refractory products |
2 547 880 |
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g) |
Industry brick industry |
1 847 475 |
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h) |
Industry Food industry |
1 929 245 |
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i) |
Industry Glass Industry |
1 057 900 |
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j) |
Industry Wood industry |
1 170 920 |
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k) |
Industry machinery, steel construction and automotive industry |
438 110 |
Allocation to assets
§ 4. The allocation of the allowances allocated to the sectors free of charge to the installations referred to in Annex 1 shall be made in accordance with the following formula:
Free allocation (08-12) Annex = Allocation basis Annex * PF Annex * EF Annex |
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The factors of the formula are defined as follows: |
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1. |
The allocation base of the plant corresponds in principle to the average of the emissions in the period 2002 to 2005 according to the results of the data collection of the Federal Environment Agency and the Institute for Industrial Ecology. If these emission data should not be representative within the meaning of § 12a of the ECG, a different base period shall be used. In any case, it will be possible to adjust the base period for individual installations, if the emissions of the last two years of historical emission data differ by at least 20% from the average of the years 2002 to 2005. In such cases, non-representative years shall be disregarded. In the case of approved new plants or plant extensions, for which no representative historical emission data are available, the allocation base shall be determined in accordance with § 13 para. 1 last sentence of the EZG. |
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2. |
The in Annex 2 Specified potential factor of the plant (PF) Annex ) shall take into account process emissions, the carbon dioxide intensity of the fuel used, the aggregates for combined heat and power plants and the extraction of waste heat, as well as a blow-off for installations subject to the standards laid down in the Exchange of information in accordance with Article 16 (2) of Directive 96 /61/EC concerning integrated pollution prevention and control, OJ L 327, 30.12.1996, p. No. 26ff., drawn up reference documents for best available technology-BVT (BREFs), in relation to the base period from 2002 to 2005, respectively. the period which is recognised as representative in accordance with § 4 Z 1. The potential factor, which is specified in Annex 3 for plants in the electricity sector, takes account of net electricity and net heat generation in the base period 2002 to 2005, or in that period, which shall be recognised as representative in accordance with Article 4 (1) (1). |
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3. |
The performance factor of the asset (EF Annex ) purpose is to ensure that the number of emission allowances allocated free of charge at the plant level with the emission allowances allocated to the industry for free is to be brought into line. The performance factor of the plant shall be calculated according to the following formula: |
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EF Annex = Free allocation Industry /? Assets Allocation Base Assets * PF Assets |
§ 5. (1) The free allocation of emission allowances shall be made by the Federal Minister for Agriculture, Forestry, the Environment and Water Management for the annexes contained in Annex 1. For installations or investment extensions within the meaning of para. 2 and 3, the booking of certificates shall be effected after confirmation of the entry into service by the holder.
(2) An allocation is provided for in Annex 1 for installations or investment extensions which were subject to legal approval pursuant to Section 13 (1), second sentence of the ECG, until 31 March 2006. Annexes or investment extensions, for which a request for legal authorisation has been submitted by 31 March 2006, but which have not yet been approved on that date, are also included in Annex 1, but it is only in those Where an allocation is provided for in Annex 1, the conclusion of the authorisation procedure and the date of entry into service shall be clearly defined.
(3) The new entrants shall be the new entrants in accordance with Section 13 (1) of the fourth sentence of the ECG as regards the conclusion of the authorisation procedure and the timing of the putting into service of significant uncertainties. § 3 Z 5 of the EZG, in accordance with the provisions of § 6 of the reserve, on application by the holder from the reserve in accordance with § 6.
Allocation from the reserve
§ 6. (1) The calculation of the quantity of emission allowances which are allocated free of charge to new entrants according to § 3 Z 5 ECG per year from the year on which the facility is commissioned shall be calculated according to the specifications of § 13 (1) last sentence of the EZG. The following formula shall be used:
Free allocation Annex = Allocation basis Annex * PF Annex * EF New entrants |
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The factors of the formula are defined as follows: |
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1. |
The allocation base of the facility shall be determined by the appropriate application of Section 13 (1), last sentence, EZG. Where appropriate, effects on existing plant parts or Installations of the same holder, provided that they are used with the new installation or Investment expansion in a technical or economic context must be taken into account. Characteristic commissioning phases ("high-travel curves") are in each case for the industries. shall be considered. For the further course of the operation, the following factors shall be used in the sense of a realistic assessment of the plant as regards capacity utilization, which is based on the capacity authorised: |
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a) |
average capacity utilization in the industry average on the basis of data reported for the years 2002 to 2005 in accordance with Section 12a of the ECG or other published statistical data; and |
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b) |
the expected capacity utilization of the facility, which is to be assumed with comprehensible assumptions. |
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2. |
To determine the potential factor of the plant (PF) Annex ) § 4, Z 2, and Annex 2 and 3 shall apply mutatily. |
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3. |
The performance factor for new entrants (EF) New entrants ) shall, in the interests of competitive neutrality, take account of the auctioning component and the reserve factor as defined in Article 2 (1) in relation to existing installations, and shall therefore be fixed at 0.977. |
(2) Aliquot shall be taken into account for non-complete years of operation, and the expected date of entry into service shall be estimated from the situation at the time of application.
(3) If the fixed reserve is not sufficient to cover the allocation to new entrants, in the amount indicated in § 1 above, plus those allowances to be supplied to the reserve in accordance with Article 17 (3) and (4) of the ECG, or in the reserve, shall be required to apply the necessary certificates in accordance with Section 13 (5) of the ECG and shall make available to the new market participants free of charge. With the end of 2012, the Federal Minister for Agriculture, Forestry, the Environment and Water Management will publish details on how many certificates were applied during the period 2008 to 2012 in accordance with § 13 (5) third to fifth sentence of the EZG. and to what extent these have been allocated to each of the sectors.
(4) Applications for allocation from the reserve may be submitted up to the maximum of 1. October 2012. Applications that have been submitted by the Federal Minister of Agriculture, Forestry, Environment and Water Management until then are to be completed by 20 November 2012.
(5) As the last possible date for the recovery of the emission allowances remaining in the reserve in accordance with Section 13 (5) of the ECG, 29 March 2013 shall be established.
Use of certified emission reductions and/or Emission reduction units
§ 7. In the period from 2008 to 2012, emission reductions and emission reduction units in the amount of up to 10% of the free-of-charge emission allowances per installation according to § 18 of the ECG can be certified according to the requirements of § 18 ECG. Annex 1 the allowances allocated free of charge from the reserve are used for new entrants in accordance with § 6, the distribution being freely configurable to individual years of the trading period 2008 to 2012 by the holders.
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