Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the allocation of emission allowances and the handling of the reserve (allocation regulation)

On the basis of § 11 (4) and § 13 (4) of the Emissions Trading Act (ECG), BGBl. I n ° 46/2004 i.d.g.F., shall be assigned 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 2005 to 2007 is set at 99 014 864. This corresponds to the expected emissions of the affected plants (business as usual) less a climate protection contribution of 1 650 000 tonnes of carbon dioxide per year. In accordance with Section 11 (4) of the ECG, 1% of the total number of emission allowances is to be allocated as a reserve for new entrants, which corresponds to 990 149 emission allowances. Thus, a total of 98 024 715 emission allowances will be allocated for the period 2005 to 2007.

Breakdown by sector

§ 2. (1) The annual allocation of allowances to the energy industry sector shall be granted in accordance with the following formula:

Sectoral allocation Energy = (Business as usual Energy sector -1 050 000) * 0.99.

The figure of 1 050 000 tonnes of carbon dioxide per year, which is to be deducted from the expected emissions from the energy sector, is equivalent to the climate protection contribution for the energy sector (electricity industry, district heating, Mineral oil processing). The factor of 0.99 is used to apply the reserve in the amount of 1% of the total number of allowances in accordance with § 11 paragraph 4 of the ECG.

(2) The annual allocation of allowances to the industry sector shall be carried out in accordance with the following formula:

Sectoral allocation Industry = (Business as usual Industry sector -600 000) * 0.99.

The figure of 600 000 tonnes of carbon dioxide per year, which is to be deducted from the expected emissions from the industry sector, is equivalent to the climate protection contribution for the industry sector (production of tangible goods). The factor of 0.99 is used to apply the reserve in the amount of 1% of the total number of allowances in accordance with § 11 paragraph 4 of the ECG.

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:

Dispatch (05-07) for the industry I = Allocation basis I * WF I * PF I * EF Sector .

The factors of the formula are defined as follows:

1.		The allocation base for the industry corresponds to the sum of the allocation base values for the individual plants within the industry, which were determined in accordance with § 4 Z 1.
2.		The growth factor of the industry (WF I ) results from the business as usual scenario for the respective industry and is calculated according to the following formula:

WF Industry = Business as usual Industry /Allocation Base Industry .

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 from 2005 to 2007. If there are no corresponding forecasting results for an industry, a growth factor of 1.051 is used as an alternative.
4.		The potential factor of the industry (PF) I ) is the result of the sum of the plant potential factors weighted by the fossil carbon dioxide emissions.
5.		The performance factor of the sector (EF Sector ) is intended to match the number of allowances allocated at the sectoral level with the certificates available for the sector. The performance factor shall be calculated according to the following formula:

(3) From the calculations on the basis of the formulae in accordance with § 2 and § 3 (2), the following breakdown of the amount of allocation in accordance with § 1 to the individual sectors for the period 2005 to 2007 results:

1.		Energy sector							37 209 393
a)			Electricity						27 093 420
b)			District heating						1 813 998
c)			Mineral oil processing						8 301 975
2.		Industry sector							60 815 322
a)			Iron and steel industry (voest)						33 734 961
b)			Other iron and steel industry						205 197
c)			Cement industry						7 720 068
d)			Paper industry						7 125 045
e)			Lime industry						2 464 737
f)			Brick industry						1 041 000
g)			Glass industry						873 180
h)			Refractory products						1 744 041
i)			Chemical industry						2 945 100
j)			Food industry						1 119 975
k)			Wood industry						730 884
l)			Machinery and steel construction, vehicle industry						292 263
m)			Other installations						707 010
n)			Textile industry						111 861

Allocation to assets

§ 4. The allocation of the emissions allowances allocated to the sectors per year to the installations referred to in Annex 1 EZG shall be carried out in accordance with the following formula:

Dispatch (05-07) = Allocation basis * PF A * EF A .

The factors of the formula are defined as follows:

1.		The allocation base of the plant corresponds in principle to the average of the emissions in the period 1998-2001 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 § 12 of the ECG, a different base period shall be used. An adjustment of the base period will take place on the basis of the liberalisation of the electricity market for installations producing condensing electricity, for which the years 1999-2002 will be used as the base period. 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 are at least 20% of the average of the years 1998-2001 (1999-2002). Condensation-generating plants). In these cases, non-representative years are not taken into consideration, since further years are not considered. more recent years (2002, in well-founded cases 2003) in the formation of funds. In the field of the district heating industry, where several installations of the same owner are present in a network, and in the electricity sector, where several installations of the same proprietor are present, a common Consideration of historical emission data. In the case of approved new plants or plant extensions, for which no representative historical emission data are available, the allocation basis shall be determined in accordance with § 11 para. 7 of the ECG.
2.		The in Annex 2 Specified potential factor of the plant (PF) A ) shall take into account the process emissions, the carbon dioxide intensity of the fuel used, the aggregates for combined heat and power plants, the decoupling of district heating and the decoupling of waste heat, and a blow-off for installations which are the standards of the information exchange referred to in Article 16 (2) of Council Directive 96 /61/EC concerning integrated pollution prevention and control, OJ L 327, 30.12.1996, p. No. L 257 of 10. 26ff, BVT reference documents (BREFs) differ significantly from the date of October 1996.
3.		The performance factor of the asset (EF A ) is used to match the number of allowances allocated at the plant level with the allowances allocated to the industry. The performance factor of the plant shall be calculated according to the following formula:

§ 5. The allocation will be made by the Federal Minister for Agriculture, Forestry, Environment and Water Management for those installations listed in Annex 1.

Sectoral dedication of the reserve

§ 6. (1) The allocation of the reserve to the energy and industrial sectors shall be carried out in proportion to the application. Allocations from the reserve referred to in § 7 shall be covered from that part of the reserve which is available to the sector to which the installation belongs.

(2) Emission certificates, which shall be included in the reserve in accordance with Article 17 (3) following a set-aside, shall be supplied to that part of the reserve dedicated to the sector to which the set-aside facility has been consulted.

Allocation from the reserve

§ 7. (1) The treatment of applications for the allocation of emission allowances with communication from the Federal Minister for Agriculture, Forestry, the Environment and Water Management to those annexes which, after 24 March 2004, are subject to legal approval in the first instance. , shall be in the order of the date of service or of the delivery of such authorisations.

(2) Within six weeks of the approval of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the holder of the plant has submitted a request for allocation from the reserve, with the addition of the permit approval certificate. . The application shall include information in accordance with § 5 (1) Z 1 and 2 of the ECG as well as § 11 (7) Z 1, 3 and 4 of the EZG. In the case of installations which have been approved before the entry into force of this Regulation, the expiry date shall begin with the date of entry into force of the Regulation. The granting of the grant notice requires the approval pursuant to § 4 of the ECG.

(3) The calculation of the quantity of emission allowances allocated for each plant annually from the year of the expected commissioning shall be carried out in accordance with the provisions of section 11 (7) of the EZG. The following formula shall be used:

Dispatch (05-07) = Allocation basis * PF A .

The factors of the formula are defined as follows:

1.		The allocation base of the facility is to be determined in a manner analogous to § 11 (7) EZG.
2.		To determine the potential factor of the plant (PF) A ) § 4 Z 2 and Annex 2 shall apply analogously.

(4) Aliquot should 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 submission of the application.

(5) After the end of a calendar year or for the year 2007 to 30. In the event that an allocation has been made from the reserve but the installation has not been put into operation, the emission allowances shall be returned to that part of the reserve devoted to the sector to which the non-operational Annex would belong.

(6) Emission certificates to be supplied to the reserve pursuant to Article 17 (3) and (4) of the ECG and (5) shall be to those owners whose application for the allocation of emission allowances from the reserve is not due to lack of available emission allowances, or could not be fully complied with, also in the order of the date of delivery or of the delivery of the permit-approval certificate.

(7) Applications for allocation from the reserve may be submitted until 30 September 2007 at the latest. Applications that have been submitted by the Federal Minister for Agriculture, Forestry, Environment and Water Management until 20 November 2007 are to be dealt with by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(8) As a reference date for the recovery of the emission allowances remaining in the reserve in accordance with Section 11 (4) of the ECG, the date of 30 November 2007 is set. The Federal Minister of Agriculture, Forestry, the Environment and Water Management will be able to use the emission allowances remaining in the reserve in order to exploit the emission allowances.

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