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Change Of The Emission Certificate Act

Original Language Title: Änderung des Emissionszertifikategesetzes

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135. Federal law, with which the emissions certificate law, BGBl. I No 46/2004,

The National Council has decided:

The federal law on a scheme for greenhouse gas emission allowance trading (Emission Certificate Act-EZG), BGBl. I n ° 46/2004, shall be amended as follows:

1. In § 4 (3) (3) (3), before the word "Surveillance orders" the word "if necessary" inserted. In Section 4 (3) (4) (4), before the word "Obligations" the word "if necessary" inserted.

2. § 4 (6) penultimate sentence reads:

" The Federal Minister for Agriculture, Forestry, the Environment and Water Management, at the request of the holder, must state that an installation is not deemed to be shut down if the holder can prove that the emission reduction has been Climate protection measures, such as the conversion to biomass, to a temporary loss of production, inter alia by means of renewal or technical conversion, or to the substantial shift in production to other installations of the same owner is. "

3. § 5 (5) first sentence reads:

"The Authority shall decide within five months from the date of submission of the application or, if the documents submitted do not contain the information referred to in paragraph 1 (1) (1) to (4), of the complete application documents."

4. § 6 reads:

" § 6. (1) The holder of an installation approved in accordance with § 4 shall have all the essential changes to the nature or function of the installation or the measures for monitoring the emissions of the installation and an extension of the installation to the Authority under To provide for the settlement of any required documents which might require a change in the permit to emit greenhouse gases. In such a case, the Authority shall take note of this notification and, if necessary, amend the notification of the authorisation accordingly.

(2) After approval of the installation, if the approved monitoring method and frequency is not sufficient or unsuitable to comply with the requirements of the Regulation in accordance with Section 7, the Authority shall have the necessary conditions .

(3) The holder of an installation approved in accordance with § 4 may request, on presentation of the data reviewed in accordance with § 9, at least one reference year and the report of the independent auditor, that the requirements for the monitoring method or -frequency is reduced. The Authority may grant this application if it is ensured that the overall accuracy of the monitoring as required by the Regulation in accordance with Section 7 is not affected. "

5. § 9 para. 1 second and third sentence are:

" In the course of the examination, the approval pursuant to § 4 and any changes to the authorisation pursuant to § 6 shall be used. The principles set out in Annex 3 and the provisions on the application of these principles contained in a Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be complied with. "

6. In § 9 para. 3, first sentence, the word "wrong" by the word "correct" to replace it.

7. The previous text of § 10 receives the sales designation "(1)" ; as paragraphs 2 and 3, the following shall be added:

" (2) The following fees shall be payable for the approval of independent testing facilities, experts and individual examiners:

1.

for the authorisation as an independent testing facility

EUR 1 000;

2.

for admission as a senior auditor, as an expert in analytics, as an expert in data audit and as an expert in process engineering, in each case

500 Euro,

3.

for the approval as a single examiner

1 200 Euro.

For approved environmental expert organisations and individual verifiers in accordance with the Environmental Management Act, BGBl. I n ° 96/2001, as amended, for organisations approved as independent audit bodies for Joint Implementation under Article 6 of the Kyoto Protocol or for the Clean Development Mechanism under Article 12 of the Kyoto Protocol , as well as for organisations that have an accreditation in accordance with the Accreditation Act, BGBl. No 468/1992, as amended, or on an authorisation in accordance with the Law on Economic Scattering and Occupation, BGBl. I n ° 58/1999, as amended, or a corresponding foreign accreditation or accreditation, the fee for the admission as an independent auditor is EUR 500, as an individual auditor 700 Euro.

(3) The fees payable by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management shall be paid for the supervision of independent verifiers and individual auditors. Finance, in accordance with the administrative burden associated with it, in lump sums with a Regulation. "

8. According to § 10, the following § § 10a and 10b shall be inserted together with the headings:

" Withdrawal of authorisation

§ 10a. (1) The Federal Minister of Agriculture, Forestry, Environment and Water Management shall revoke the authorisation as an independent auditor or an individual examiner, if:

1.

subsequently the conditions for admission in accordance with the regulation pursuant to § 10 (1) of the Regulation shall be abolished or

2.

the authorisation has been made more difficult by untrue information or by the submission of false or falsified documents in the authorisation procedure; or

3.

the inspection body or the verifier has infringed the requirement that it is not subject to any commercial, financial or other pressure affecting its judgment or the confidence in its independence and integrity in respect of its activities may be considered as an independent auditor, or

4.

the examining body or the individual examiner, in the course of its activities pursuant to § 9, intentionally or grossly negligently against the requirements laid down in the guidelines of the European Commission pursuant to Article 1 (1) of Directive 2003 /87/EC, Annex 3 and the Regulation in accordance with § 9.

(2) The approval of an independent testing facility shall be restricted, depending on the nature of the infringement, by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with a decision regarding a member of the testing facility; or shall temporarily be repealed or revoked if:

1.

in the case of proof of the technical customer, untrue information was made or false or falsified documents were used, or

2.

the Member has infringed the requirement laid down in paragraph 1 Z 3.

Supervision

§ 10b. (1) The Admissions Office shall, once in each period pursuant to Section 11 (1) of the Office, check whether the conditions for admission in accordance with § 10 (1) are still in place. The supervisory authority shall refer in particular to the proper conduct of the audit in accordance with § 9. If there is a reasonable suspicion of a breach of the principles set out in Annex 3 and in a regulation in accordance with Article 9 of the Regulation on the application of the principles, the Admissions Office shall immediately, on its own account, have: Review.

(2) The independent testing body shall, on request, provide the approval body with the information necessary for verification and shall inform it without delay of any changes affecting the authorisation or the scope of the authorisation could be. Upon request, the admissions office shall submit the documents necessary for the verification, in particular the assignment by the holder of the facility and reports to the holder. "

9. § 17 (1) 2. and 3. The record is:

" The number of emission allowances awarded annually is laid down in the Regulation and the charges in accordance with § 13 (4) and (5). The total number of emission allowances that a holder receives for the period shall in principle be divided into as many equal parts as the years of the period in which the facility is in operation. "

Section 17 (3) reads as follows:

" (3) holders of installations shall be assigned the emission certificates as long as the permit is maintained in accordance with § § 4 or 6. Emission allowances, which are no longer awarded on the basis of the decommissioning of an installation pursuant to § 4 (6), shall be supplied to the reserve in accordance with section 11 (4). Emission certificates that have been booked on the account of the facility before the Federal Minister of Agriculture, Forestry, Environment and Water Management is informed of the decommissioning of the plant shall be returned by the plant owner. By way of derogation, the holder of an installation which is deemed to have been shut down in accordance with Article 4 (6) may request that the emission allowances allocated for the installation for the other years of the relevant period referred to in Article 11 (1) apply to an installation which shall be subject to the following conditions: In accordance with Article 11 (7), the maximum amount of the corresponding plant capacity may be transferred, while at the same time waiving the allocation of emission allowances from the reserve for new entrants in accordance with § 11 Paragraph 4. The Federal Minister of Agriculture, Forestry, the Environment and Water Management will be informed of a corresponding request for transfer. In the case of authorisation, an allocation from the reserve for the new facility shall be excluded. If the owner of the plant proves that the set-aside is replaced by a new installation of the same owner, which does not cause any or no significant emissions of greenhouse gases and does not require authorisation in accordance with § 4, the holder may: Federal Minister for Agriculture, Forestry, the Environment and Water Management, with communication, will recognize that the assigned emission allowances will continue to be allocated to the plant owner for the further years of the period. "

11. § 26 reads:

" § 26. The following shall apply to the responsibility for granting the authorisation in accordance with § § 4 and 6:

1.

To the extent that the most essential authorisation for the operation of the installation concerned is a permit in accordance with national law, as in particular in the case of non-industrial regulations in 1994 or the air pollution control law for boiler installations The Landeshauptmann is responsible for the installation.

2.

In all other cases, the authority responsible for obtaining authorisation shall be the authority responsible for approving those parts of the plant which are responsible for the emission of the emissions resulting from the application of the ECG, in accordance with the administrative provisions of the Federal Government. In the event that a number of federal authorities in the sense of the first sentence are responsible for an installation pursuant to § 3 Z 4, the procedure in accordance with § § 4 and 6 shall be carried out by the district administration authority. If one or more federal authorities and the state government according to § 39 of the Environmental Impact Assessment Act 2000, BGBl. No 697/1993, as amended in each case, and the Land Government does not make use of the possibility of delegation to the district administrative authority, the federal authorities involved have been responsible for the National government to coordinate.

3.

The Landeshauptmann as the competent plant authority may entrust the District Administrative Authority with the implementation of a procedure in whole or in part or with the implementation of the procedures for certain types of plant, and empower them to carry out a procedure in its Names to decide. "

12. In § 27 (1) (2), after the word "Asset" the phrase "not under the supervision of the Regulation in accordance with § 7 and the communication pursuant to § 4," inserted.

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