The Terms Of Trading Greenhouse Gas Emission

Original Language Title: podmínky obchodování s povolenkami na emise skleníkových plynů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58726&nr=695~2F2004~20Sb.&ft=txt

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:



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Article 23 of the



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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



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section 26



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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.