695/2004 Coll.
LAW
of 9 June. December 2004
on the terms of trading greenhouse gas emission allowance trading scheme and the
amendments to certain laws
Change: 212/2006 Sb.
Change: 315/2008 Sb.
Change: 292/2009 Sb.
Change: 164/2010 Sb.
Change: 227/2009 Sb.
Change: 85/Sb.
Change: 201/2009 Sb.
Change: 383/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
cancelled
TITLE I OF THE
cancelled
§ 1
cancelled
§ 2
cancelled
TITLE II
cancelled
§ 3
cancelled
§ 4
cancelled
§ 5
cancelled
§ 6
cancelled
§ 7
cancelled
TITLE III
cancelled
§ 8
cancelled
§ 8a
cancelled
§ 9
cancelled
§ 9a
cancelled
§ 10
cancelled
section 10a
cancelled
section 10b
cancelled
section 10 c
cancelled
§ 11
cancelled
§ 12
cancelled
§ 12a
cancelled
the title launched
section 13 of the
cancelled
§ 14
cancelled
TITLE IV
cancelled
§ 15
cancelled
section 15a
cancelled
section 16 of the
cancelled
§ 17
cancelled
TITLE V OF THE
cancelled
section 18
cancelled
§ 18a
cancelled
§ 19
cancelled
TITLE VI OF THE
cancelled
section 20
cancelled
section 21
cancelled
section 22
cancelled
Article 23 of the
cancelled
section 24
cancelled
PART TWO
Amendment of the Act on integrated prevention
§ 25
In section 14 of Act No. 76/2002 Coll. on integrated pollution prevention and control
pollution, on the integrated pollution registry and amending certain
laws (the law on integrated prevention), as amended by Act No. 521/2002 Coll.
at the end of paragraph 1, the following sentence "if it relates to a device
the provisions of the special legal regulation, ^ 14a) the authority shall set the emission
limits for these greenhouse gases only if it is necessary to
the prevention of serious pollution, in the place of operation. ".
Footnote 14a):
"14a) Act No. 695/2004 Coll., on conditions for emission trading
greenhouse gas emissions and amending certain acts. ".
PART THREE
cancelled
section 26
cancelled
PART FOUR
Amendment to the Trade Licensing Act
section 27 of the
In the Group section 214: other Annex No. 2 to the Act No 455/1991 Coll., on the
trades (Trade Act), as amended by Act No.
167/2004 Coll. and Act No. 326/2004 Coll., on the end of the text in column 1
the following "verifying amount of greenhouse gas emissions", in
column 2 the words "and gained a university degree)
in the relevant accredited study programme or b) culminating in the Middle
or higher professional education of the respective field and 3 years of professional experience
carried out in the last 10 years prior to the application ", and in column 3
the words "§ 15 of Act No. 86/2002 Coll., on the protection of air and amending
some other laws (law on the protection of the atmosphere) ".
PART FIVE
The EFFECTIVENESS of the
section 28
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
in z. Jahn in r.
Annex 1
The activities covered by the emissions allowance trading
greenhouse gases
The thresholds referred to in this annex are generally given in relation to the
the projected production capacities or another activity parameter.
The activities of the
A. Energy
1. incineration plants (with the exception of incineration facilities of hazardous
or municipal waste) with a rated thermal input of more than 20
MW
2. Mineral oil refineries
3. Coke ovens
(B) manufacture and processing of metals
1. Roasting or sintering of metal ore (including sulphide
Rudy)
2. Installations for the production of pig iron or steel (primary or
secondary raw materials) including continuous casting, with a capacity greater than
2.5 tonnes per hour
C. mineral processing
1. Equipment for the production of cement clinker in rotary kilns with a production
capacity exceeding 500 tonnes per day or lime in Rotary
kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a
production capacity exceeding 50 tonnes per day
2. Installations for the production of glass, or glass fibre, with a capacity of
melting more than 20 tons each day, or equipment for the production of mineral
fibres, melting capacity exceeding 20 tonnes per day
3. Installations for the manufacture of ceramic products by firing, in particular
roofing tiles, bricks, refractory bricks, tiles, stoneware
or porcelain, with a production capacity exceeding 75 tonnes per day, or about
kiln capacity exceeding 4 m3 and with a charge greater than the density of 300 kg/m3
D. other activities
1. Industrial plants for the production
a) pulp from timber or other fibrous materials
b) paper or cardboard with a production capacity exceeding 20 tonnes per day
2. Capturing the carbon dioxide from installations falling within the scope of the
This Act, for the purpose of transport and storage of carbon dioxide in the
natural rock structures
3. the transport of carbon dioxide pipeline in order to save it in the
natural rock structures
4. Carbon sequestration in natural rock structures.
E. Aviation
Flights of aircraft departing from an airport located in the territory of the European
the community to which the Treaty applies or that such airport
they arrive.
This activity does not include
and) flights performed exclusively for the purpose of carriage of the reigning monarch and
his immediate family, heads of State, heads of Government and Government Ministers
a country other than the Member State, during their business trips, if the
This fact is substantiated by the appropriate status on the flight plan,
(b) military flights performed by military) aircraft, and flights of customs and
police authorities;
c) search and rescue flights, fire-fighting flights, humanitarian flights and flights
air rescue services approved by the competent authority,
(d) any flights performed exclusively) flight rules for visibility
According to annex 2 of the Convention on international civil aviation ^ 12)
e) flights ending at the airport from which the plane took off, during which
avoid stopovers,
(f) training flights performed exclusively) for the purpose of obtaining a licence, or
qualification in the case of the flight crew in the cockpit, if
This fact is substantiated by an appropriate remark in the flight plan and
provided that the flight does not serve for the transport of passengers and/or cargo or for the
relocation or transportation aircraft
g) flights performed exclusively for the purpose of scientific research or control,
testing or certification for aircraft or equipment,
the air and ground,
h) flights performed by aircraft of the certified maximum take-off weight
less than 5 700 kg,
I) flights performed in the framework of public service obligations imposed in accordance with
directly applicable European Community law ^ 1 d) on the routes in the
outermost regions referred to in article 14(2). the Treaty on the functioning of 349
The European Union or on routes where the capacity offered does not exceed
30 000 seats per year, or
j) flights which would otherwise fall within this activity, carried out by the
operator of commercial air transportation, which
I) after three consecutive four-month periods, fewer than 243 flights will take place
for the four-month period, or
II) carried out flights with total annual emissions lower than 10 000 tonnes
per year;
This also applies to flights carried out solely for the purpose of transport
the reigning monarch and his immediate family, heads of State, the Presidents of the
Governments and Government Ministers of the Member States in the exercise of their functions.
Annex 2
Authentication policy reported emissions
I. GENERAL PRINCIPLES
1. The basis for the verification is the amount of emissions as reported by the operator
device, or the amount of emissions and tonne-kilometre data reported
the operator of an aircraft under section 7 (2). 2 and, if necessary, the data from
monitoring of the quality of the Air Ministry. The subject of the verification is
the reliability, credibility and accuracy of the method of detection,
reported emissions and other relevant data. The subject are
in particular:
and) reported activity data for equipment or aircraft used for
the activities in the field of aviation related measurements and calculations,
b) selection and application of emission factors,
(c) the method of calculating the total quantity) of emissions,
d) selection and application of methods for measuring, if operator detects
emissions measurement.
2. The reported emissions shall be checked only if the emissions were
detected with a high degree of certainty, on the basis of reliable and
reliable data. A high degree of certainty is reached in these
terms and conditions:
and the amount of emissions is not reported) internally contradictory,
(b)) the collection of data was carried out in accordance with the appropriate scientific standards,
(c) the relevant data about the device) or the operators of the planes are full and
internally, the prior's.
3. The authorized person will allow the operator or the operator
aircraft access to all sites and to all data, which are related to
the subject of the verification.
4. in regard to the validation, whether it is the relevant device or
aircraft operators introduced the system of business management and audit
protection of the environment.
II. METHODS OF AUTHENTICATION
Strategic analysis
5. Verify is a strategic analysis of all the activities carried out by
in the equipment or activities in the field of aviation, which are subject to
Administration and the aircraft operator. Therefore, the notified body
You must have an overall view of all such activities and their impact
on emissions.
Process analysis
6. verification of reported emissions data and its
basis, if possible, shall be carried out on-site or on site
the operator of an aircraft to carry out activities in the area
Aviation, which are subject to management.
Risk analysis
7. the verification shall be subjected to each source of emissions in the installation, or any plane
for which the aircraft operator is responsible; It evaluates the
reliability of the data about how each source or the plane contributed to the
the total quantity of emissions from installations or from activities in the area
Aviation.
8. in carrying out this analysis, the authorized person shall identify sources of emissions or
aircraft for which the aircraft operator is liable, at high risk of
potential misconduct. Similarly, determine other elements of detection and
the reporting of emissions from the device or from activities in the area
Aviation, which can cause errors in the determination of total
the amount of emissions; This means, in particular, the choice of emission factors and methods
the calculations necessary to determine the level of emissions from individual sources or
aircraft. Sources of emissions and other elements of detection or reporting
the amount of emissions from installations or activities in the field of aviation to the designated
This procedure is authorized by the person obliged to pay particular
attention.
9. The authorized person is obliged to take account of all effective methods
control of the risk that the operator or aircraft operator
used to limit the degree of uncertainty.
III. REPORT ON THE VERIFICATION OF THE
10. The notified body shall issue the plant operators or the operators of the
the aircraft, a report on validation. In the report on verification as to whether the quantity of emissions
It was recorded by the operator in accordance with this Act, the implementing
legal regulation and licensing, and has not been significantly distorted. In
In addition, the notified body shall report the details on the manner and procedure
validation.
IV. OTHER PROVISIONS CONCERNING THE VERIFICATION OF REPORTS OF EMISSIONS IN THE
AVIATION
11. in particular, the notified body finds that the
and all flights falling within) activities in the field of aviation referred to in
Annex No 1 of this Act have been considered. In this task, the authorized
the person of help data from the timetable and other details of the operation
the aircraft operator, including data from Eurocontrol, this
the operator;
(b)) are aggregated fuel consumption data and data on fuel purchased
or otherwise supplied to the aircraft executing activities in the area
Aviation generally in line.
V. OTHER PROVISIONS CONCERNING THE VERIFICATION OF TONNE-KILOMETRE DATA
SUBMITTED for the PURPOSES of section 9 of the
12. The General principles and methodology used for the verification of emission reports
pursuant to § 7 para. 1 set out in this annex shall apply to similar
in a way, even when the verification of aviation tonne-kilometre data.
13. in particular, the notified body finds that the application pursuant to § 9 para. 3
the operators take account only of flights for which the operator is
responsible, that has been actually carried out and fall into activities in the field
Aviation Authority listed in annex 1 of this Act. In doing so, the authorized
the person uses traffic data of the aircraft operator, including data from
Eurocontrol, this operator has requested. In addition, the
a notified body finds that the payload reported
the aircraft operator corresponds to records on the payload, which
leads the operator for security reasons.
Annex 3
The criteria for the preparation of the national allocation plan (section 8, paragraph 1)
1. the total quantity of allowances, which it is proposed to allocate, must not be
greater than is necessary for the application of the criteria laid down in this annex.
For the first trading period shall be the total quantity of allowances
determined to achieve the goal that at least for the Czech
Republic follows from Council decision 2002/358/EC of 25 March 2002. April 2002 and
of the Kyoto Protocol.
2. the total quantity of allowances, which it is proposed to allocate, must be
based on the assessment of the actual and projected progress towards fulfilling
the Czech Republic's commitment to contribute to the fulfilment of the obligations of the European
the community derive from the decision of the European Parliament and of the Council No.
280/2004/EC of 11 December 1997. February 2004 concerning the mechanism for monitoring of emissions
greenhouse gases in the community and on the implementation of the Kyoto mechanism
Protocol.
3. the quantity of emission allowances, which is proposed to be assigned, must conform to the
options (including technological options) to reduce emissions.
Allocation can be based on average emissions of greenhouse
gases by product for each category of equipment and the attainable
progress in the sector, to which the device belongs.
4. the draft national allocation plan (the "plan") must be in
accordance with the legislation and policy documents of the community.
In doing so, takes into account the increases in greenhouse gases caused by exclusively
the requirements of the new legislation.
5. the plan must be designed so that any discrimination between
each operator of a device or category of devices that would
in violation of the Treaty establishing the European Community, and in particular
Articles 87 and 88, some operators of equipment or device category
unjustifiably favour.
6. the draft plan sets out the quantity of allowances that are to be reserved for the new
the operator of the device.
7. the draft plan may include early action; in this case, stating,
How to timely measures taken into account. The draft plan can
use of reference levels resulting from reference documents
concerning best available techniques; These reference levels
may include urgent measures.
8. The proposed plan will take into account the use of clean technology, in particular
energy efficiency technology.
9. the draft plan must include information on how to discuss the proposal with
the public and about the way in which the expression of the public taken into account
before submitting the draft plan to the European Commission (section 8).
10. Part of the plan is the list of devices, which are covered by
This Act, with the quantities of allowances with each device
proposes to allocate.
11. the draft plan may contain information on the manner in which takes into account the
the issue of competition of countries and operators outside the European
the Union.
12. The proposed plan for each of the next trading period contains
the percentage allocation of allowances for each device, which is covered by
This law, to which the operator may use this device
emission reduction units and certified emission reduction units from
project activities.
13. the draft plan may contain, in the form of a special reserve
the amount of allowances will be allocated to operators of installations and
which will be eliminated within the meaning of section 10b of the paragraph. 5.
Selected provisions of the novel
Article. (II) Law No 315/2008 Sb.
Application for a permit under section 4 of Act No. 695/2004 Coll., the operator is
installations for the smelting of mineral materials, including the production of mineral
fibres, melting capacity exceeding 20 tonnes per day (Appendix 1, part C
section 2 of the Act No. 695/2004 Coll., in the version in force from the date of entry into force of
This Act), which is operated on the day of entry into force of this
the law, and that the operator intends to operate the equipment even after the date of acquisition
the effectiveness of this law, shall be obliged to submit to the Ministry of the
environment no later than 6 weeks after the date of entry into force of this Act. To
the effective date of the decision on the authorisation of the device can be
to operate without a permit.
Article. (II) Act No. 164/2010 Sb.
Transitional provisions
1. the operator of an aircraft must request approval of a plan for the detection of
emissions and tonne-kilometre data which lays down measures for the detection and
the reporting of the emissions and tonne-kilometre data pursuant to section 7 of Act No. 695/2004
Coll., in the version in force from the date of entry into force of this Act,
not later than 6 weeks after the date of entry into force of this Act.
2. The first year in which the aircraft operator detects and shows
the amount of greenhouse gas emissions pursuant to section 7 of Act No. 695/2004 Coll., on
the version in force from the date of entry into force of this Act, it is the year 2010.
3. The first year for the allocation of allowances to aircraft operators under section
10 of Act No. 695/2004 Coll., in the version in force from the date of entry into force of
This Act, it is the year 2012.
4. the operator shall recognise the duly substantiated and independently verified
data on emissions of greenhouse gases from activities covered by the system
trading up from 2013 pursuant to § 7 para. 1 of Act No. 695/2004 Coll.,
in the version in force from the date of entry into force of this Act, not later than
2 weeks from the date of entry into force of this Act.
1) European Parliament and Council Directive 2003/87/EC of 13 April 2004. October
2003 on the establishment of a system for trading emission allowance trading
greenhouse gases in the community and amending Council Directive 96/61/EC.
European Parliament and Council Directive 2004/101/EC of 27 June 2002. October
2004 with regard to the project-based Kyoto mechanisms
amending Directive 2003/87/EC on the establishment of a system for trading
greenhouse gas emission allowance trading within the community.
European Parliament and Council Directive 2008/101/EC of 19 June 2000. November
2008 amending Directive 2003/87/EC so as to include activities in the
aviation system for trading emission allowance trading
greenhouse gas emissions in the community.
1A) Commission Regulation (EC) No 994/2008 of 8 May. October 2008
a standardised and secured system of registries pursuant to Directive of the European
Parliament and of the Council 2003/87/EC and decision of the European Parliament and of the Council
No 280/2004/EC.
1B) of the United Nations Framework Convention on climate change,
the renowned under the No 80/2005 Sb. m. s.
1 c) the Kyoto Protocol to the United Nations Framework Convention on
climate change, promulgated under no. 81/2005 Coll. m. with.
1 d) European Parliament and Council Regulation (EC) no 1008/2008 of 24 September.
September 2008 on common rules for the operation of air services in the
Community (recast).
2) section 15 of Act No. 86/2002 Coll., on the protection of air and amending certain
other laws (law on the protection of the atmosphere), as amended by Act No. 92/2004
SB.
3) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended by Act No. 517/2002 Sb.
4) section 27 of Act No. 458/2000 Coll., on conditions for business and performance
State administration in the energy sectors and on amendments to certain laws
(Energy Act).
5) directive of the European Parliament and of the Council 2003/87/EC of 13 April 2004. October
2003 on the establishment of a system for trading emission allowance trading
greenhouse gases in the community and amending Council Directive 96/61/EC.
Commission Regulation (EC) No 994/2008 of 8 May. October 2008, standard
and secured system of registries pursuant to Directive of the European Parliament and of the
Council Directive 2003/87/EC and decision of the European Parliament and of the Council No.
280/2004/EC.
6) section 2 of the Act No. 526/1990 Coll., on prices, as amended.
6a) Commission Regulation (EC) no 2216/2004 for a standardised and secured
system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the
Of the Council and decision No 280/2004/EC of the European Parliament and of the Council.
6B) Directive 2003/87/EC, as amended.
7) article 25 of the European Parliament and Council Directive 2003/87/EC of the European
13 October 2003 establishing a scheme for trading emissions of greenhouse
gases within the community and amending Council Directive 96/61/EC.
7A) Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations, as amended.
8) article 28 of the European Parliament and Council Directive 2003/87/EC of the European
13 October 2003 establishing a scheme for trading emissions of greenhouse
gases within the community and amending Council Directive 96/61/EC.
9) section 35 of Act No. 6/1993 Coll. on Česká národní banka, as amended by
amended.
9A) § 2 (2). 2 of the commercial code.
11) section 2 of the Act No. 76/2002 Coll. on integrated pollution prevention and control
pollution, on the integrated pollution registry and amending certain
laws (the law on integrated prevention).
12) section 34 of Act No. 86/2002 Coll., on the protection of air and amending certain
other laws (law on the protection of the atmosphere), as amended.
12) the Convention on international civil aviation, published under no. 143/1947
SB.
13) Act No. 85/2009 Coll., on carbon sequestration in natural
rock structures and on amendment to certain laws.
