Act On Co2 Quotas

Original Language Title: Lov om CO2-kvoter

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Overview (table of contents)

Chapter 1

Purpose of the Act, definitions, etc.


Chapter 2

scope


Chapter 3

Permission to emit greenhouse gases, prohibition, etc.


Chapter 4

The auctioning and free allocation of allowances


Chapter 5

Community register, Kyoto Register and credits


Chapter 6

Monitoring, verification and reporting


Chapter 7

Surrender of allowances


Chapter 8

Oversight and accountability, etc.


Chapter 9

Complaint and penalty provisions


Chapter 10

Other provisions


Appendix 1





The full text
Act on CO2 kvoter1)
We, Margrethe II, by the Grace of God Queen of Denmark, hereby make known:
Folketing has passed and we have given our Royal Assent to the following Act:

Chapter 1

Purpose of the Act, definitions, etc.

§ 1. The law aims to encourage a reduction in emissions of carbon dioxide (CO2) and other greenhouse gases in a cost-effective and economically efficient manner through a system of tradable quotas and credits.

§ 2. For the purposes of this Act the following:

1) Administering Member State: the Member State responsible for administering the quota directive, with regard to aircraft operators.

2) Biofuels: liquid or gaseous fuels for transport, produced from biomass.

3) Biomass: the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

4) Chicago Convention: The Convention on International Civil Aviation, which sets minimum requirements in order to safeguard the security of civil aviation, signed at Chicago on 7 December 1944.

5) CO2-equivalent: The amount of greenhouse gas that has the same effect on global warming as 1 ton of CO2.

6) Operator: the legal or natural person who owns an installation or operating on his own account.

7) Greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF6) and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation.

8) The generators: A production, which on 1 January 2005 or thereafter, has produced electricity for sale to third parties, and in which there is carried out other activities specified in §§ 8 and 9, in addition to combustion of fuels .

9) A commercial air carrier: an operator that, for remuneration, provides scheduled or charter flights available to the public for the carriage of passengers, freight or carriage of mail.

10) Liquid biofuels: Liquid fuels for energy purposes other than transport, including electricity, heating and cooling, produced from biomass.

11) Incineration: Any oxidation of fuels, regardless of how the heat, electrical or mechanical energy produced by this process are used and any other directly associated activities, including waste gas scrubbing.

12) Thermal thermal input: The maximum input fuel quantity in MW, as of a unit.

13) Capacity: The maximum production capacity per. Time Unit. § 8.

14) Allowance: Legal authorization to emit 1 tonne of CO2 equivalent during a specified period.

15) Aviation Allowances: Allowances can only be used to cover emissions from aviation.

16) Air Operator: the natural or legal person who operates an aircraft at the time when it performs an aviation activity listed in § 11, or the owner of the aircraft, if that person is not known or is not identified by the owner.

17) Process emission: Emission of greenhouse gases not fuel related and which arise as a result of intentional and unintentional reactions between materials or from their conversion in a process.


18) Installation: A stationary technical unit consisting of one or more installations on the same site, which performed covered by the law activities and any other directly associated activities which have a technical connection with the activities on site and can have an effect on emissions and pollution.

19) Tonne-kilometer: Distance times the payload of the flight route is the great circle distance (great circle distance) between the aerodrome of departure and destination aerodrome plus an additional fixed charge of 95 km and payload is the total mass of freight, mail and passengers.

20) Emissions: Emissions of greenhouse gases in the atmosphere from sources in an installation or an aircraft of the gases listed for the activity in §§ 8-11.

21) Verifier: Legal or natural person accredited by Commission Regulation (EU) no. 600/2012 of 21 June 2012 on the verification of reports on greenhouse gas emissions and reporting on tonne-kilometers and accreditation of verifiers under European Parliament and Council Directive 2003 / 87 / EC.

§ 3. The Minister for Climate, Energy and Building Minister may lay down rules or take decisions to apply or implement EU legislation on matters covered by this Act. However paragraph. 2.

PCS. 2. Business and Growth Minister may lay down rules or take decisions to apply or implement EU legislation on matters concerning EU register, see. § 21, and Kyoto Register, see. § 22.

Chapter 2

Scope

§ 4. The law applies to stationary production units on land and offshore and in the exclusive economic zone in the activities covered by §§ 8-10. Activities that have a significant technical connection with the activities specified in §§ 8-10, and may have impact on the emission of greenhouse gases, is also covered by the law. Installations or parts of installations used for research, development and testing of new products and production units exclusively using biomass are not covered by the Act.

PCS. 2. This Act shall also apply to aviation activities as specified in § 11.

§ 5. Climate, Energy and Building Minister decides whether a given installation or activity is covered by the Act, and publish a list of the installations covered by the law.

PCS. 2. Climate, Energy and Building Minister may determine that the natural or legal person who operates a facility must submit all information, including on honor, on plant conditions and arrangements which are needed to decide whether a given installation or activity is covered by the Act.

§ 6. If multiple operators at the same location jointly operate several installations which have a close operational or physical connection, the Minister for Climate, Energy and Building Minister may decide that these installations are considered to constitute one production.

PCS. 2. If more natural or legal persons in the same location jointly operate several installations which have a close operational or physical connection, the Minister for Climate, Energy and Building Minister may decide that these installations are considered to constitute one production.

§ 7. The Minister may direct the operators of installations referred to in § 6, paragraph. 1, natural and legal persons referred to in § 6, paragraph. 2, and the operators of other installations with several operators, to appoint an agent who, on their behalf shall act in accordance with this Act. Operators and the persons referred to in § 6, paragraph. 2, jointly and severally liable for the liabilities and obligations to surrender allowances, as provided by this Act.

§ 8. The Act covers carbon dioxide (CO2) from the following activities:

1) The combustion of fuel in installations with a total rated thermal input exceeding 20 MW except in installations for the incineration of hazardous waste or installations exclusively designed to burn municipal waste.

2) Refining of mineral oil.

3) Production of coke.

4) roasting or sintering, including pelletisation of iron ore, including sulphide ore.

5) Production of pig iron or steel from primary or secondary fusion with continuous casting, with a capacity of more than 2.5 t / hour.

6) Production or processing of ferrous metals, including ferro-alloys, where combustion units with a total rated thermal input exceeding 20 MW. The processing includes rolling mills, re-heaters, annealing furnaces, forging, casting, coating and pickling.


7) Production of primary aluminum.

8) Production of secondary aluminum where combustion units with a total rated thermal input exceeding 20 MW.

9) Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., Where combustion units with a total rated thermal input, including fuels used as reducing agents, more than 20 MW.

10) Production of cement clinker in rotary kilns with a production capacity exceeding 500 t / day or in other furnaces with a production capacity exceeding 50 t / day.

11) Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 t / day.

12) Manufacture of glass including glass fiber with a melting capacity exceeding 20 t / day.

13) The manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 t / day.

14) Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity of more than 20 t / day.

15) Drying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion units with a total rated thermal input exceeding 20 MW.

16) Production of pulp from timber or other fibrous materials.

17) Production of paper or cardboard with a production capacity exceeding 20 t / day.

18) Production of carbon black, organic substances such as oils, tars, cracker and distillation residues, where combustion units with a total rated thermal input exceeding 20 MW.

19) Production of nitric acid.

20) The production of adipic acid.

21) Production of glyoxal and glyoxylic acid.

22) The generation of ammonia.

23) Production of organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 t / day.

24) Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 t / day.

25) Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3).

26) Capture of greenhouse gases from installations covered by this Act for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31 / EC.

27) Transport of greenhouse gases by pipelines for geological storage in a storage site permitted under Directive 2009/31 / EC.

28) Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31 / EC.

PCS. 2. The thresholds referred to in paragraph. 1 generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same production, the capacities of such activities together.

PCS. 3. When calculating an installations total rated thermal input in order to determine whether it is covered by the Act, will combine the rated thermal input of all the installation's technical installations burning fuel. Installations with a rated thermal input under 3 MW and installations exclusively using biomass are not included in this calculation. Installations exclusively using biomass include plants that use fossil fuels only during start-up and shutdown.

PCS. 4. If it is determined that the capacity threshold of any activity referred to in paragraph. 1 exceeded in an installation, any installation which fuels are combusted, other than units, whose sole that incinerate hazardous or municipal waste included in the discharge permit.

PCS. 5. Installations which are not permanently taken out of operation, are included in the calculation of the unit's total capacity referred to. Paragraphs. 1.

§ 9. The Act also includes emissions of perfluorocarbons (PFCs) from the production of primary aluminum.

§ 10. The Act also includes emissions of nitrous oxide (N2O) from the following activities:

1) The production of nitric acid.

2) Production of adipic acid.

3) Production of glyoxal and glyoxylic acid.

§ 11. The Act covers carbon dioxide (CO2) emissions from all flights departing from or arriving at an airport in an EU Member State if the air carrier is indicated on a list of aircraft operators who have Denmark as Managing Member State referred to. However, paragraph . 2. The list published by the Climate, Energy and Building.

PCS. 2. This Act shall not apply to flights specified in Annex 1

Chapter 3


Permission for emissions of greenhouse gases, prohibition, etc.

§ 12. An installation covered by the law may only emit the greenhouse gases related to the production unit's activities referred to. §§ 8-10, the Climate, Energy and Building has announced the installation's operator permission. The Minister may decide that the operator must apply for permission at the schedules assigned by the Minister.

PCS. 2. Notwithstanding paragraph. 1, the Minister may in special cases decide that an operator who has applied for a permit to emit greenhouse gases until the minister has ruled on the application, or the refusal of permission referred to the courts, see. § 15.

PCS. 3. If several operators seeking a license under paragraph. 1 for the same installation, the permit shall be owner of the installation.

PCS. 4. Applications for authorization under subsection. 1 must contain the following:

1) Identification of the installation, its owner and operator.

2) A description of the installation and its activities including the technology used, and the raw and auxiliary materials, the use of which is likely to lead to emissions of greenhouse gases listed in §§ 8-10.

3) A description of the sources of the installation's greenhouse gas emissions, and measures planned to monitor and report emissions, see. Chapter 6.

4) A non-technical summary of the information in no. 2 and 3.

§ 13. Climate, Energy and Building notify the operator permission to emit greenhouse gases, if the application contains the information referred to in § 12 and there is a plan for monitoring and reporting greenhouse gas emissions approved by the Minister referred. However, § 15 paragraph. 1.

PCS. 2. The discharge permit shall contain the following:

1) The name of the operator and address

2) a description of the activities and emissions from the production unit,

3) a plan approved by the Minister for monitoring greenhouse gas emissions,

4) reporting requirements and

5) an obligation to surrender allowances equal to the installation's total emissions in each calendar year,. § 27

PCS. 3. A permit or amendment of a permit, the Minister may set conditions for the operator to comply with specific requirements that are justified by the company's particular circumstances.

§ 14. The operator shall notify the Minister for Climate, Energy and Building Minister on matters of importance to the discharge permit and allocation of free allowances, including all proposed changes in the installation type or operating, or any extension or significant reduction of its capacity, which may cause the license or assignment must be changed.

PCS. 2. Operators can not without the permission of the Minister of transferring a license.

PCS. 3. If the Minister by notification in accordance with paragraph. 1 or otherwise becomes aware of facts of importance for a permit, the Minister may decide to amend the license or revocation of the license or whether the operator should be required to apply for a new permit under § 12. The current permit validity, until the minister has ruled on the application for a new permit.

PCS. 4. The transfer of the license to a new operator will enter into the obligations concerning the installation under this Act at the time the Minister's approval of the transfer was granted.

§ 15. Climate, Energy and Building Minister may refuse to grant permission for an operator who

1) associated with the permit application gives significant false or misleading information,

2) repeatedly or grossly violates provisions of this Act, regulations issued under the Act or EU legislation on matters covered by the law or

3) have overdue debts to the public, including tax payments under § 28 of more than 100,000 kr.

PCS. 2. A decision taken under paragraph. 1 The Operator may request judicial review. The decision shall contain information about the right to apply for judicial review and deadlines for this, see. Paragraph. 3.

PCS. 3. Request for judicial review shall be received by the Minister for Climate, Energy and Building, within 4 weeks after the decision has been communicated to the operator. The case brought then the court as a civil procedure by the Minister.

§ 16. A permit under § 13 may be revoked if the operator

1) has been guilty of gross or repeated violation of this Act, regulations established under the Act of Union acts on matters covered by the law or by the terms of the license,


2) is not able to probably do to fulfill its obligations in relation to this law in a fully responsible way or

3) have overdue debts to the public, including tax payments under § 28 of more than 100,000 kr.

PCS. 2. A decision in cases covered by paragraph. 1 pt. 1, taken by the courts. Rulings in cases under subsection. 1 pt. 2 and 3, the decisions of the Climate, Energy and Building.

PCS. 3. A decision taken under paragraph. 1 pt. 2 and 3, Operator may request judicial review. The decision shall contain information about the right to apply for judicial review and deadlines for this, see. Paragraph. 4.

PCS. 4. Request for judicial review shall be received by the Minister for Climate, Energy and Building, within 4 weeks after the decision has been communicated to the operator. The case brought then the court as a civil procedure by the Minister.

PCS. 5. If the Minister's decision under paragraph. 2, 2nd sentence. Appealed to the court, the operator may continue its activities until the court rules.

§ 17. If an aircraft operator is not complying with this law and other enforcement measures have failed to ensure compliance, Climate, Energy and Building ask the European Commission to take a decision to impose an operating ban on the aircraft operator.

PCS. 2. An aircraft operator may require the Climate, Energy and Building Minister's decision to ask the European Commission to take a decision as described in paragraph. 1 brought before the courts as specified in § 15 paragraph. 3, before the request is sent to the European Commission. Notice of a decision under paragraph. 1 shall contain information on the right to apply for judicial review and deadlines thereof.

PCS. 3. Climate, Energy and Building ensures that the European Commission's decision to impose an operating ban on a particular aircraft operator enforced on Danish territory.

Chapter 4

Auctioning and free allocation of allowances

§ 18. Climate, Energy and Building auctioning the auctioned shares allocated to Denmark and which are not allocated free of charge according to §§ 19 and 20

PCS. 2. The revenue from the auctioning of allowances net of related costs accrue to the Treasury.

§ 19. Climate, Energy and Building allocate free allowances to installations based on benchmarks set by the European Commission.

PCS. 2. Climate, Energy and Building Minister may lay down rules on the allocation of free allowances to installations, including for new entrants production.

PCS. 3. The award in any given year is contingent upon the operator is in possession of a valid emissions permit under § 13 that the necessary permits under other legislation exists and that the information relevant to the allocation of allowances, the operator has announced are correct.

PCS. 4. If an operator has not fulfilled its obligation to surrender allowances in accordance with § 27 paragraph. 1 deducted from the number of allowances owed in subsequent allocations to the operator.

PCS. 5. If the allocation is based on incorrect data or information, there may be an adjustment of quota allocation in the following years.

PCS. 6. Climate, Energy and Building Minister may decide that a farmer who has been allotted allowances based on incorrect data or information, or outside the conditions of this law being otherwise fulfilled shall return allowances corresponding to those inappropriately received.

§ 20. Climate, Energy and Building allocates free aviation allowances based on benchmarks per. verified tonne-kilometers set by the European Commission.

PCS. 2. Climate, Energy and Building Minister may lay down rules on the allocation of free allowances to aircraft operators.

PCS. 3. The allocation is subject to aviation operators by March 31, 2011 applied for the allocation of free aviation allowances by submitting their verified tonne-kilometer data for 2010 for the aviation activities listed in § 11, without. Prejudice to paragraph. 4.

PCS. 4. Aircraft operators who start performing an aviation activity listed in § 11 after 31 December 2010 and air operators whose tonne-kilometer data increases by an average of more than 18 per cent. per year between 2010 and 2014, can apply for the allocation of free aviation allowances by submitting their verified tonne-kilometer data for 2014 for the aviation activities listed in § 11. An application must be submitted by 30 June 2015 an application form directed by the Minister.

PCS. 5. The tonne-kilometer data, as referred to in paragraph. 4, shall be monitored in accordance with § 24 and verified in accordance with § 25


PCS. 6. It is a condition for the allocation of aviation allowances in accordance with paragraph. 4, the activity is not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator. The grant may also not exceed 1,000,000 aviation allowances per. aircraft operator.

PCS. 7. If an aircraft operator has not complied with its obligation to surrender allowances in accordance with § 27 paragraph. 1 deducted from the number of allowances owed in subsequent allocations of allowances for the aircraft operator.

PCS. 8. If the allocation is based on incorrect data or information, there may be an adjustment of quota allocation in the following years.

PCS. 9. Climate, Energy and Building Minister may decide that an aircraft operator assigned quotas based on incorrect data or information, or outside the conditions of this law being otherwise fulfilled shall return allowances corresponding to those inappropriately received.

Chapter 5

EU register, Kyoto Register and credits

§ 21. Business and Growth Minister administers the Danish accounts in the electronic EU register, including accounts of operators and aircraft operators under this Act.

PCS. 2. Allowances entered into the registry for the execution of processes pertaining to the maintenance of accounts and allocation, surrender and cancellation of allowances. Allocating free allowances under Chapter 4 is done by business and growth minister annually by 28 February insert quotas on the beneficiaries' accounts in the Union Registry.

PCS. 3. Business and Growth Minister may lay down rules for accounts in the Union Registry, which is administered by the Minister, including on access to create accounts, documentation requirements for account holders and conditions of the Registry and the Minister access to block and close accounts.

PCS. 4. Business and Growth Minister can set rules on payment of fee to have an account in the Union Registry, which is administered by the Minister.

PCS. 5. The Minister of Taxation has access to all information, including in electronic form on the accounts in the Union registry, administered by the Business and Growth Minister, and which is necessary for the performance of the Minister's tasks.

§ 22. Business and Growth Minister manages an electronic Kyoto Register, which contains information on credits, issued under the UN Climate Convention and the Kyoto Protocol.

PCS. 2. Business and Growth Minister may lay down rules for accounts in Kyoto Register, including access to create accounts, documentation requirements for account holders and conditions of the Registry and the Minister access to block and close accounts.

PCS. 3. Business and Growth Minister can set rules on payment of fee to have an account in Kyoto Register.

PCS. 4. Climate, Energy and Building Minister can lay down rules restricting access to transfer credits from a second commitment period to the next period under the Kyoto Protocol and the rules that credits will lose their validity or may not be made into accounts in Kyoto Register.

PCS. 5. The Minister of Taxation has access to all information, including in electronic form, on accounts in Kyoto Register, which is necessary for the performance of the Minister's tasks.

§ 23. Projects that reduce greenhouse gas emissions in order to generate credits outside of Denmark in accordance with the UNFCCC and the Kyoto Protocol, may only be initiated or carried out by legal or natural persons resident in Denmark after authorization by the Minister for Climate, Energy and Building.

PCS. 2. JI projects carried out in Denmark, may only be initiated after authorization by the Climate, Energy and Building. By JI projects means projects that reduce greenhouse gas emissions in order to generate credits in accordance with the UNFCCC and the Kyoto Protocol Article 6

PCS. 3. Authorisation after paragraph. 1 and 2 can be given if the project is deemed to be in compliance with this law, the Emissions Trading Directive and the UN Climate Convention and the Kyoto Protocol, including guidelines and procedures adopted pursuant to the UNFCCC and the Kyoto Protocol.

PCS. 4. Climate, Energy and Building Minister may lay down detailed rules for the authorization, including rules for specific types of projects under EU law or UN Climate Convention and the Kyoto Protocol as well as on payment of fees for processing applications.

Chapter 6

Monitoring, verification and reporting


§ 24. An operator must comply with a monitoring plan approved by the Minister for Climate, Energy and Building continuously monitor greenhouse gas emissions from installations for which they are responsible. An air operator, in line with a monitoring plan approved by the Minister for Climate, Energy and Building continuously monitor tonkilometerne from aviation activities for which it is responsible.

PCS. 2. Climate, Energy and Building Minister may lay down detailed rules on monitoring.

PCS. 3. The operator or aircraft operator shall notify the Minister any updated monitoring plans for approval.

§ 25. The operator or aircraft operator must ensure that the monitoring of greenhouse gas emissions in accordance with § 24 verified annually by an independent verifier.

PCS. 2. Climate, Energy and Building Minister may lay down detailed rules for verification.

§ 26. The operator or aircraft operator is responsible for annually by 31 March to report verified GHG emissions for the previous year from installations or aviation activities that it is responsible for Climate, Energy and Building.

PCS. 2. The operator or aircraft operator is also responsible for reporting entered into the register within the deadline in paragraph. 1.

PCS. 3. Climate, Energy and Building Minister may lay down rules on reporting.

PCS. 4. Biofuels and bioliquids considered only to be biomass and entitled to use an emission factor of zero if they are proven sustainable. Climate, Energy and Building Minister may lay down rules on biofuels and Bioliquids, including documentation of biofuels and bioliquids sustainability.

PCS. 5. If an operator or an aircraft operator fails to report pursuant to subsection. 1, or if the operator or aircraft operator's reports in accordance with paragraph. 1 is not made in accordance with EU legislation on matters covered by this Act may Climate, Energy and Building fix the installations greenhouse gas emissions. The Minister's determination of emissions has the same legal effect as a verified reporting under § 25. The Minister's expenses in connection with work relating to the determination, including costs to the minister's initial work and any expert opinion, the responsibility of the operator or aircraft operator.

Chapter 7

Surrender of allowances

§ 27. The operator of an installation and aircraft operator for an aviation activity covered by the Act, the Community register every year by 30 April return a number of allowances equal to the previous year's verified and reported greenhouse gas emissions from the production unit or from the aviation activity, see. However, paragraph . 2. An operator can not return aviation allowances.

PCS. 2. An obligation to surrender allowances shall not apply to emissions verified as captured and transported for permanent storage to a facility that is covered by a valid license in accordance with European Parliament and Council Directive 2009/31 / EC of 23 april 2009 on the geological storage of carbon dioxide.

§ 28. If an operator or aircraft operator has not complied with its obligation under § 27 requires the Minister for Climate, Energy and Building operator or aircraft operator to pay a fee to the Treasury. The tax is an amount equal to 100 euros for each emitted ton of CO2 equivalent for which the operator or aircraft operator has not surrendered allowances in accordance. § 27

PCS. 2. Climate, Energy and Building publish decisions for operators and aircraft operators pay the tax under subsection. 1.

PCS. 3. The amount due accounts. 1 May of that year and indexed according to the development of the European consumer.

PCS. 4. The amount due is due for payment within 14 days of demand.

PCS. 5. If the amount due is not made, you must pay 1.3 per cent. monthly interest for each month from the 1st of the month in which the amount payable by the operator or aircraft operator, but at least 50 kr.

PCS. 6. payment of fees under paragraph. 1 does not relieve the operator or aircraft operator from the obligation to surrender allowances in the Community register equal to those excess emissions when surrendering allowances for the following calendar year.


PCS. 7. For payment of tax under this Act shall be liable operator or aircraft operator. If this is not the owner of the installation or aircraft owner is jointly responsible with the operator or aircraft operator for paying the tax. If the operator or aircraft operator does not operate the unit or the aircraft on their own account, booklets, the operator of the activity on their own account, jointly and severally with the operator or aircraft operator for paying the tax.

Chapter 8

Supervision, etc.

§ 29. Climate, Energy and Building Minister oversees the operation controllers and aircraft operators' compliance with the law, regulations issued pursuant to the Act and EU legislation on matters covered by the law and the terms and decisions taken in pursuance thereof shall see. However paragraph. 2.

PCS. 2. Business and Growth Minister leads in relation to the EU register, see. § 21, and Kyoto Register, see. § 22, supervise compliance with the Act, regulations issued pursuant to the Act and EU legislation on matters covered by the law and decisions made thereunder.

PCS. 3. Operators and aircraft operators carrying out activities covered by this Act shall, upon request from the Minister for Climate, Energy and Building Minister or the Business and Growth Minister provide any information that the minister concerned for a fair assessment considers necessary to perform his or her duties under this law, including tasks related to the purposes of supervision in accordance with paragraph. 1 or 2.

PCS. 4. Climate, Energy and Building and the business and growth minister may order that matters which are contrary to the law, regulations issued under the Act, EU legislation on matters covered by the law or the decisions made in pursuance thereof shall be brought in accordance with the rules within a specified period.

PCS. 5. Climate, Energy and Building and the business and growth minister has access to any information with the customs and tax administration, including in electronic form, which is necessary for the performance of these ministers' tasks. Climate, Energy and Building Minister may also in the administration of this Act obtain environmental information from the Minister of the Environment, including in electronic form.

§ 30. Climate, Energy and Building Minister expenses for issuing permits under §§ 13-16, allocation of allowances in accordance with § 19, the settlement in matters relating to monitoring, verification and reporting under §§ 24-26, Decision on fee payment according to § 28 and supervision according to § 29 paragraph. 1, the operator of the installations covered by the law.

PCS. 2. Climate, Energy and Building Minister expenses for allocation of allowances to aircraft operators in accordance with § 20, the settlement in matters relating to monitoring, verification and reporting of aircraft operators under §§ 24-26, Decision on fee payment under § 28 and supervision under § 29, paragraph. 1, incumbent aircraft operators covered by the law.

PCS. 3. Climate, Energy and Building Minister may lay down rules on the operator and aircraft operator's payment of expenses referred to in paragraph. 1 and 2.

PCS. 4. Business and Growth Minister expenses for supervision according to § 29 paragraph. 2, incumbent account holders in the EU register, see. § 21, and Kyoto Register, see. § 22.

PCS. 5. Business and Growth Minister may lay down rules on the account holders payment of expenses referred to in paragraph. 4.

Chapter 9

Complaint and penalty provisions

§ 31. Energy Board of Appeal processes appeals from decisions of the Climate, Energy and Building and the business and growth minister under this Act, regulations issued under the Act or EU legislation on matters covered by this Act. The decisions may not be brought before the courts before the final administrative decision.

PCS. 2. For decisions on appeals under this Act consists Energy Board of members who rule on appeals under the Electricity Supply Act. If justified by the complaint, the board's chairman, decide that the Board of appeal shall consist of members who rule on appeals under the Heat Supply Act.

PCS. 3. The following decisions may not be brought before the Energy Board:

1) The Minister's decisions under § 15 paragraph. 1, § 16 paragraph. 1 pt. 2 and 3 and § 17 paragraph. 1.

2) The Minister's decisions under § 19 paragraph. 1, 3 and 4 and § 20 paragraph. 1 and 7.

3) The Minister's decisions under § 26 paragraph. 5.

PCS. 4. Notwithstanding paragraph. 3 can complain about legal issues related to the Minister's decisions brought before the Energy Board.

PCS. 5. Appeals must be lodged in writing within four weeks after the decision was announced.


PCS. 6. Energy Board chairman may, after agreement with the Board make decisions on its behalf in cases heard under this Act or regulations issued under the Act.

PCS. 7. Climate, Energy and Building and the business and growth minister may lay down rules on the right to appeal against decisions under the Act, regulations issued under the Act or EU legislation on matters covered by the law taken by the minister, including that certain decisions may not be brought before the Energy Board.

PCS. 8. Climate, Energy and Building and the business and growth minister may lay down rules that the decisions made by an institution under the relevant minister or other authority that the relevant minister in accordance with § 33, has ceded his powers under the Act, not be brought before the Minister.

PCS. 9. Climate, Energy and Building Minister may lay down rules on the payment of fees for bringing a complaint before the Energy Board.

§ 32. Unless a higher penalty is warranted under other legislation, punishable by fine who

1) fails to provide information or giving false or misleading information required by § 5, paragraph. 2, including solemnly,

2) fails to appoint an administrator as stated in § 7

3) emit greenhouse gases without the appropriate valid permit under § 12 paragraph. 2, or § 13

4) Violation of the terms of a permit issued in accordance with § 13

5) fails to inform on matters of importance to the discharge permit and allocation of free allowances in accordance. § 14 paragraph. 1

6) violates the obligation to return allowances with respect to provisions of § 19 paragraph. 6, or § 20 paragraph. 9

7) violates the terms of a monitoring plan approved under § 24 paragraph. 1

8) violates the reporting obligations under § 26 paragraph. 1 or 2, by not reporting correctly or fully,

9) fails to provide information in accordance with § 29 paragraph. 3,

10) did not comply with orders according to § 29 paragraph. 4, or

11) fails to disclose information or giving false or misleading information relevant to the enforcement authorities under the Act or EU legislation on matters covered by the law, or that influence their decisions under the Act or EU legislation on matters covered by the law or relevant tax control.

PCS. 2. In regulations issued pursuant to this Act may stipulate fines for those who violate the rules.

PCS. 3. Anyone who commits any of the offenses referred to in paragraph. 1 or 2 with the intention of depriving the Treasury of taxes, fines or imprisonment for up to two years, unless a higher penalty is warranted under other legislation.

PCS. 4. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

Chapter 10

Other provisions

authorization

§ 33. Climate, Energy and Building Minister may authorize an institution under the Ministry or another public authority to exercise the powers under this Act or EU legislation on matters covered by this law with the Climate, Energy and Building . Climate, Energy and Building Minister shall appoint a competent authority pursuant to Directive 2003/87 / EC shall. However paragraph. 2.

PCS. 2. Business and Growth Minister may authorize an institution under the Ministry or another public authority to exercise the powers under this Act or EU legislation on matters covered by this law with the business and growth minister. Business and Growth Minister shall appoint a competent authority in respect of all matters relating to administration of the Danish accounts in the Union registry, except for matters relating to the allocation of emission permits and allowances free of charge, reporting of verified emissions and surrender of allowances, see . Chapters 3, 4, 6 and 7.

Publication of information

§ 34. Climate, Energy and Building ensures that all decisions and reports relating to the quantity and allocation of allowances and to the monitoring, reporting and verification of greenhouse gas emissions published immediately. Information covered by professional secrecy may not be disclosed to any person or authority except in accordance with applicable law.

PCS. 2. Climate, Energy and Building publish decisions on projects included in § 23 which Denmark is participating or allowing others to join in.

Digital communication


§ 35. Climate, Energy and Building Minister may lay down rules that communication in connection with applications for discharge permits, see. § 13, transmission of information on matters of importance to the discharge permit, see. § 14, application for free allocation provided. § 19 paragraph. 2 and § 20 paragraph. 4, submission of updated monitoring plans, see. § 24, reporting of verified emissions as. § 26, and other information that the Minister receives under this Act, regulations issued under this Act or EU legislation on matters covered by this Act must be digital.

PCS. 2. Climate, Energy and Building Minister may lay down rules on digital communications, including the use of specific IT systems, special digital formats and digital signature or the like.

PCS. 3. A digital communication is considered to have arrived when it is available to the addressee of the message.

PCS. 4. Climate, Energy and Building Minister may lay down regulations that the Minister or the Minister under § 33 deputy can issue decisions and other documents under this Act, regulations issued under this Act or EU legislation on matters covered of this law without signature, with mechanically or similarly reproduced signature or using a technique that ensures the unique identification of the State which issued the decision or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 5. Climate, Energy and Building Minister may lay down rules for decisions and other documents that exclusively taken or issued on the basis of electronic data processing, can be issued only stating the Climate, Energy and Building or the Minister for § 33 authorizes, as a sender.

§ 36. Business and Growth Minister may lay down rules that communication in connection with reporting to the EU registry, see. § 21, and Kyoto Register, see. § 22, according to rules issued under this Act or EU legislation on issues covered by this Act shall be digital.

PCS. 2. Business and Growth Minister may lay down rules on digital communications, including the use of specific IT systems, special digital formats and digital signature or the like.

PCS. 3. A digital communication is considered to have arrived when it is available to the addressee of the message.

PCS. 4. Business and Growth Minister may lay down regulations that the Minister or the Minister under § 33 deputy can issue decisions and other documents under this Act, regulations issued under this Act or EU legislation on matters covered by this Act without signature, with mechanically or similarly reproduced signature or using a technique that ensures the unique identification of the State which issued the decision or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 5. Business and Growth Minister may lay down rules for decisions and other documents that exclusively taken or issued on the basis of electronic data processing, can be issued only with indication of Business and Growth Ministry or the Minister under § 33 authorizes, as sender.

Exemption from the introduction in the Official Gazette of technical specifications, etc.

§ 37. Climate, Energy and Building Minister may lay down rules that specified international decisions and technical specifications relating to plants, aircraft, devices etc. or terms of allocation, etc. of allowances or credits referred to in rules issued pursuant to this Act, not be introduced in the Official Gazette.

PCS. 2. Climate, Energy and Building Minister may lay down rules about how information about international decisions and technical specifications are not entered in the Gazette, see. Paragraph. 1, can be obtained.

Commencement and transitional provisions

§ 38. This Act comes into force on 1 January 2013 under. However paragraph. 2.

PCS. 2. § 5 and § 31 shall enter into force after publication in the Official Gazette.

§ 39. The Act on CO2 quotas referred. Act no. 1222 dated 15 October 2010, is repealed. Act and regulations thereunder shall continue to apply to matters relating to greenhouse gases emitted in 2012 or earlier. § 15 paragraph. 5 and § 21 of the Act on CO2 quotas referred. Act no. 1222 dated 15 October 2010, shall continue to apply to the state auctioning or sale of shares arising from the period 2008-2012.


PCS. 2. Discharge Permits issued pursuant to § 10 of the Act on CO2 quotas referred. Act no. 1222 dated 15 October 2010 shall remain valid until they are replaced by discharge permits issued pursuant to § 13 of this Act. Terms of the emission permits can only be changed five years after issue and with advance notice of one year, see. § 10 paragraph. 3 of the Act on CO2 quotas referred. Act no. 1222 dated 15 October 2010, maintained however.

PCS. 3. Rules laid down under the Act on CO2 allowances, see. Act no. 1222 of 15 October 2010 remain in force until repealed or replaced by rules established pursuant to this Act.

Changing the Heat Supply Act

§ 40. In the Heat Supply Act, cf.. Act no. 1184 of 14 December 2011, as amended by § 1 of the Law no. 577 of 18 June 2012 is amended as follows:

1. Two places in § 20 paragraph. 9, the words 'under §§ 16-20 of the Act on CO2 quotas "to:" in accordance with § 19 of the Act on CO2 quotas'.

2. In § 20 paragraph. 10 'within the provision in § 31 of the Act on CO2 quotas "to:" in accordance with § 28 of the Act on CO2 quotas'.

3. § 20 paragraph. 11 is amended as follows:

"PCS. 11. Climate, Energy and Building Minister may lay down rules on the shares referred to in paragraph. 8, and the excess CO2 quotas under subsection. 9, including rules for the administration of the scheme. The Minister may determine provision for valuation of the first section. mentioned quotas, on the allocation and consumption of CO2 allowances for heat production on time and modalities for the transfer of CO2 allowances in the relationship between heat production and heat collectors in deficit or surplus of allowances and the allocation of CO2 quotas between several heat collectors. "|| |
Changing the Coal Tax Act

§ 41. In the law concerning tax on coal, lignite and coke etc., see. Act no. 1292 of 17 November 2010, as amended, inter alia, at § 3 of Law no. 1564 of 21 December 2010, § 3 of Law no. 625 of 14 June 2011 at the latest, § 5 of the Law no. 481 of 30 May 2012 is amended as follows:

1. In § 5, paragraph. 5-11, the words '§ 9 of the Act on CO2 quotas "to" Act on CO2 quotas'.

Changing the carbon dioxide tax law

§ 42. The Act on carbon dioxide tax on certain energy products, cf.. Legislative Decree no. 321 of 4 April 2011, as amended by § 5 of the Law no. 722 of 25 June 2010, § 5 of Act 1564 of 21 December 2010 and § 5 of the law no. 625 of 14 June 2011, is amended as follows:

1. In § 5, paragraph. 2 and 3, § 7, paragraph. 1 pt. 2 and 3 and paragraph. 5, no. 1, two places in § 8 a paragraph. 1, two places in § 9 a paragraph. 1 and § 9b paragraph. 1 and 2, the words '§ 9 of the Act on CO2 quotas "to" Act on CO2 quotas'.

2. In § 9 a paragraph. 1, the words "§§ 5-8" to "§§ 8-10 ', and' except installations covered by § 17 paragraph. 1 of the Act on CO2 quotas' is deleted.

§ 43. This Act does not apply to the Faroe Islands and Greenland.

Given at Christiansborg Castle, 28 November 2012
Under Our Royal Hand and Seal Margrethe R.

/ Martin Lidegaard



Appendix 1







The following flights are not covered by this Act. § 11:








a)


Flights performed exclusively for the purpose of a reigning monarch and his immediate family, heads of state, heads of government or ministers from a third country on official mission, where this is substantiated by an appropriate status indicator in the flight plan.





b)


Military flights performed by military aircraft and customs and police flights.





c)


Search and rescue, firefighting flights, humanitarian flights and emergency medical service flights authorized by the relevant competent authority.





d)


Flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention.






e)


Flights terminating at the aerodrome from which the aircraft has taken off and which do not involve any stopover.





f)


Training Flights performed exclusively for the purpose of obtaining a license or, in the case of flight crew members, a rating of the certificate where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers or cargo or for the positioning or transport of the aircraft.





g)


Flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment, whether airborne or ground-based.





h)


Flights performed by aircraft with a maximum take-off mass less than 5.700 kg.





i)


Flights performed within the framework of public service obligations, as provided for in Regulation (EEC) No. 2408/92 on routes within outermost regions as specified in Article 299. 2 of the EC Treaty, or on routes where the capacity offered does not exceed 30000 seats per year. year.





j)


Flights which, if it were not for this point, would fall within this activity, performed by a commercial aircraft operator operating either






-


in three consecutive periods of 4 months, fewer than 243 flights per day. period or






-


flights with total annual emissions of less than 10,000 t.





Official notes


1) The Act contains provisions that implement European Parliament and Council Directive 2003/87 / EC of 13 October 2003 establishing a scheme for trading greenhouse gas emissions in the Community and amending Council Directive 96/61 / EC Official 2003 no. L 275, page 32, as amended by the European Parliament and Council Directive 2004/101 / EC of 27 October 2004, Official Journal 2004 No. L 338, page 18, the European Parliament and Council Directive 2008 / 101 / EC of 19 november 2008, Official Journal 2009, no. L 8, page 3, and the European Parliament and Council Directive 2009/29 / EC of 23 april 2009, Official Journal 2009, no. L 140 , page 63, and regulations that implement European Parliament and Council Directive 2009/28 / EC of 23 april 2009 on the promotion of the use of energy from renewable sources, Official Journal 2009, no. L 140, page 16. the Act includes certain provisions of Commission Regulation (EU) no. 1031/2010 of 12 november 2010 on the timing, administration of auctions of greenhouse gas emissions and other aspects of such auctions pursuant to European Parliament and Council Directive 2003 / 87 / EC establishing a scheme for trading greenhouse gas emissions in the Community, Official Journal 2010 no. L 302, page 1, Commission Regulation (EU) no. 1193/2011 of 18 november 2011 establishing a Community registry for the trading period commencing on 1 January 2013 and subsequent trading periods of the EU ETS under the European Parliament and Council Directive 2003/87 / EC of the European Parliament and Council Decision no. 280/2004 / EC Official 2011, no. L 315, page 1, Commission Regulation (EU) no. 601/2012 of 21 June 2012 on monitoring and reporting of greenhouse gas emissions pursuant to European Parliament and Council Directive 2003/87 / EC Official 2012 , no. L 181, page 30, and Commission Regulation (EU) no. 600/2012 of 21 June 2012 on the verification of reports on greenhouse gas emissions and reporting on tonne-kilometers and accreditation of verifiers under European Parliament and Council Directive 2003 / 87 / EC Official Journal 2012 no. L 181, page 1. According to Article 288 of the TFEU Treaty, a regulation applicable in all Member States. The reproduction of these provisions of the law are exclusively based on practical considerations and does not affect the regulations are directly applicable, in Denmark.