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Act On Co2 Quotas

Original Language Title: Lov om CO2-kvoter

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Table of Contents
Chapter 1 The purpose of the law, definitions, etc.
Chapter 2 Scope of application
Chapter 3 Allowance for greenhouse gas emissions, operating bans and so on
Chapter 4 Auction and free allocation of quotas
Chapter 5 The EU register, the Kyoto Protocol and its creditor
Chapter 6 Monitoring, Verification and Reporting
Chapter 7 Return of quotas
Chapter 8 Supervision and accountability, etc.
Chapter 9 Complaguing and penalty provisions
Chapter 10 Other provisions
Appendix 1

CO of CO 2 -quotas 1)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

The purpose of the law, definitions, etc.

§ 1. The law is intended to promote a reduction in carbon dioxide emissions (CO) 2 () and other greenhouse gases in a cost-effective and economically efficient manner by means of a system of transferable quotas and credits.

§ 2. For the purposes of this Act :

1) Member State : The Member State responsible for administering the quota directive in respect of air carriers.

2) Biofuels : Liquid or gas formige fuels for transport produced on the basis of biomass.

3) Biomass : The biodegradable part of products, waste and residues of biological origin from farms (including vegetable and animal substances), forestry and related industries, including fisheries and aquaculture, and the biodegradable part of industrial waste and municipal waste.

4) The Chicado Convention : The Convention on International Civil Aviation, which lays down minimum requirements for the safety of civil aviation security, which was signed in Chicago on 7. December 1944.

5) CO 2 -equivalent : The quantity of greenhouse gases having the same effect on global warming as 1 t CO 2 .

6) Operations Leader : The legal or physical person who owns a production unit or operates the production unit for its own account.

7) Greenhouse gases : Carbon dioxide (CO 2 ), methane (CH) 4 ), laughing gas (N 2 o), hydrofluorinated carbons (HFC), Perfluorocarbons (PFC) and sulphur hexafluoride (SF) 6 () and other gaseous constituents of the atmosphere, both natural and man-made, which are occupying and relaying infrared radiation.

8) Electurer producer : A production unit, like 1. In January 2005 or after having produced electricity for sale to third parties and where no other of the activities specified in sections 8 and 9 are carried out beyond the incineration of fuel.

9) Commercial air transport service : An operator, which shall make use of route or charter flights available to the public for the purposes of passenger services, the carriage of goods or the transport of postal consignments.

10) Liquid biocombusters : Liquid fuels for energy purposes other than transport, including electricity, heating and cooling, produced on the basis of biomass.

11) Incineration : Any oxidation of fuels, whimsical and electrical or mechanical energy produced by this process, are used and other related activities, including flue-gas treatment.

12) Locked thermal power : The maximum inflammable fuel quantity in MW, which can be added to an installation.

13) Capacity : The maximum production capacity per unit. time unit, cf. § 8.

14) Quota : Proof of the right to extract 1 t CO 2 -equivalent in a specified period.

15) Aviation quotas : Quotas that can only be used to cover Emissions from the air transport sector.

16) Air-operator operator : The natural or legal person who operates an aircraft at the time it is carrying out one of the air navigation activities referred to in section 11 or the owner of the aircraft if the former person is unknown or not identified by the owner.

17) Process discharge : Emissions of greenhouse gases which are not fuel-related and which result as a result of the intended or unintended reactions between materials or through their transformation in a process.

18) Production Unit : A stationary technical unit consisting of one or more installations situated at the same site where the activities covered by the law also carry out activities, together with any other directly related activities having a technical connection, the activities on the ground and which may have an impact on emissions and pollution.

(19) One mile : Flying distance multiply where flight is the distance distance between the distance between the office of departure and the arrival space plus a further steady increase of 95 km and payload is the total mass of the freight transported from the ship and the cargo ; passengers.

20) Emission : Emission of greenhouse gases in the atmosphere from sources in a production unit or an aircraft of the gases listed for that activity in section 8 to 11.

21) Verifier : The legal or physical person accredited in accordance with Commission Regulation (EU) No 2 ; 600/2012 by 21. June 2012 on the verification of reports on greenhouse gas emissions and reports of a kilometre and accreditation of the verifiers, pursuant to Directive 2003 /87/EC of the European Parliament and of the Council.

§ 3. The climate, energy and construction minister may lay down rules or regulations to implement or apply EU acts in respect of matters covered by this law, cf. however, paragraph 1 2.

Paragraph 2. The Minister for the Industry and Growth Minister may lay down rules or regulations to implement or apply EU legal acts on matters relating to the EU register, cf. § 21, and the Kyoto Protocol, cf. § 22.

Chapter 2

Scope of application

§ 4. The law shall apply to stationary production units which, on land and sea territory and in the exclusive economic zone, carry out the activities covered by sections 8 to 10. Activities that have a significant technical connection with activities referred to in section 8 10, which may have an impact on the emission of greenhouse gases, is also covered by the law. Production units or parts of production units used for research, development and testing of new products, and production units that use biomass exclusively are not covered by the law.

Paragraph 2. The law shall also apply to air navigation activities as specified in section 11.

§ 5. The climate, energy and construction Minister will decide whether or not a given production unit or activity is subject to the law and shall publish a list of the production units covered by the law.

Paragraph 2. The climate, energy and construction minister may provide that the natural or legal person who operates an installation shall provide any information, including on faith, of the nature and furs of the facility, which is necessary in order to be able to decide on, whether or not a given production unit or activity is subject to the law.

§ 6. If multiple operators at the same site in a collaboration run several plants which have a close operational or physical context, the climate, energy and construction minister can decide that these plants are considered to constitute one unit of production.

Paragraph 2. If several natural or legal persons at the same site in a collaboration run several plants which have a close operational or physical context, the climate, energy and construction minister may decide that these plants are deemed to constitute one ; production unit.

§ 7. The Minister may charge the operations managers for plants referred to in section 6 (1). 1, natural and legal persons referred to in section 6 (4) ; 2, and operators of other operations units, with several operators to appoint one proxy, who, on behalf of their behalf, perform the tasks under this law, the operators and persons referred to in section 6 (1). 2, shall show solidarity for the financial commitments and obligations to return quotas resulting from that law.

§ 8. The Act includes carbon dioxide emissions (CO 2 () from the following activities :

1) Incineration of fuel in installations with a total nominal rated thermal power of more than 20 MW, except in installations for the incineration of hazardous waste or plants intended solely for the purpose of incinerating municipal waste.

2) Refining of mineralolie.

3) Production of coke.

4) Tyres or sintration, including pelling, of ore, including of sulphur-hollow ore.

5) The production of raw iron or steel from the first or second melting of the corresponding string casting and with a capacity of more than 2,5 / hour.

6) Production or processing of ferrometers, including ferrolects, where phyings units are powered by a single nominal thermal output of more than 20 MW. The processing shall include, inter alia, waltworks, reheating facilities, filaments, forging, casting, surfaction and coursing.

7) The production of primary aluminium production.

8) Production of secondary aluminium production when using fire units with a total rated thermal effect of more than 20 MW.

9) The production or processing of non ferrous metals, including the production of alloys, refining, casting, etc., where firing units are used with a total rated thermal output, including fuel used as a reduction in excess of 20 ; MW.

10) Manufacture of cement clinker in rotation with a production capacity of more than 500 t/day, or in other ovens with a production capacity of more than 50 t/day.

11) Manufacture of chalice or combustion of dolomite or magnesite in rotomies or in other ovens with a production capacity of more than 50 t/day.

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

13) Preparation of ceramic products for burning, in particular the roof tiles, bricks, bricks, stones, tiles, stent and porcelain, with a production capacity of more than 75 t/day.

14) Preparation of mineral-image material by means of glass, stone or slagger with a melting capacity of more than 20 t/day.

15) Dry or combustion of plaster or production of plaster plates and other gipskers where the combustion plant has a total rated thermal effect of more than 20 MW.

16) Preparation of paper pulp of wood or other fibrous materials.

17) Manufacture of paper or carton with a production capacity of more than 20 t/day.

18) Production of carbon smoke, where organic substances such as oil, tar and crackdown and descading leftovers are culticulated and powered by a single nominal thermal output of more than 20 MW.

(19) Production of nitric acid.

20) Vacation of adieacic acid.

21) Manufacturing of glyoxal and glyoxyllic acid.

(22) The production of ammonia.

23) Production of organic chemicals in the case of a row, of partial or full oxidation or similar processes, where the production capacity is greater than 100 t/day.

24) Hydrogen production (H 2 () and of a synthetic of oxidation, where the production capacity is greater than 25 t/day, during which production capacity is greater than 25 t/day.

25) Sodium carbonate production (Na, 2 CO 3 () and sodium hydrogencarbonate (NaHCO 3 ).

26) The collection of greenhouse gases from plants covered by this law for the purpose of transport and geological storage in a storage facility with authorisation pursuant to Directive 2009 /31/EC.

27) Movement of greenhouse gases through pipelines for the purpose of geological storage in a storage facility with authorisation pursuant to Directive 2009 /31/EC.

28) The geological storage of greenhouse gases in a storage facility with a permit in accordance with Directive 2009 /31/EC.

Paragraph 2. The thresholds referred to in paragraph 1. 1 refers to production capacity or production scope in general. If several activities falling within the same category are carried out in the same production unit, the capacity of such activities shall be added together.

Paragraph 3. For the purpose of calculating the total rated thermal output of a production unit with a view to determining whether or not it is subject to the law, the nominal of the rated thermal effects shall be added to all the technical installations of the production unit which are incinerated ; fuel. Installations with a nominal terminated thermal power of less than 3 MW and the use of biomass are not included in this calculation. Installations which use biomass only include installations that use fossil fuels only during start-up and shutdown.

Paragraph 4. If it is established that the threshold capacity of an activity has been referred to in paragraph 1 shall be determined ; 1 overfreeze in a production unit must all installations in which fuel is incinerated, except for those intended solely for the purpose of incinerating hazardous waste or municipal waste.

Paragraph 5. Facilities which have not been permanently taken out of operation shall be taken into account when determining the overall capacity of the production unit, cf. paragraph 1.

§ 9. The Act shall also include the discharge of perfluorocarbons (PFC) from the production of primary aluminium production.

§ 10. The Act shall also include the discharge of nitrous gas (N 2 (O) from the following activities :

1) Production of nitric acid.

2) Vacation of adieacic acid.

3) Manufacturing of glyoxal and glyoxyllic acid.

§ 11. The Act includes carbon dioxide emissions (CO 2 () from all flights leaving or arriving at an airfield in an EU Member State if the operator is specified on a list of air carrier operators having Denmark as a Member State in accordance with the territory of the Member State in accordance with the rules of the operation of the Member State concerned. however, paragraph 1 2. The list shall be published by the climate, energy and construction minister.

Paragraph 2. The law shall not apply to flights indicated in Annex 1.

Chapter 3

Allowance for greenhouse gas emissions, operating bans and so on

§ 12. A production unit covered by the law may only emit the greenhouse gases relating to the activities of the production unit, cf. section 8 10, if the climate, energy and construction minister has informed the operating system for the production of the production of the production unit. The Minister can decide that the operator must apply for permission on schemas to be shown by the minister.

Paragraph 2. Notwithstanding paragraph 1 The Minister may, in specific cases, decide that an operator who has applied for a permit may temporarily be deflected greenhouse gases until the Minister has taken a position on the application or in which authorization is lodged for the courts, cf. § 15.

Paragraph 3. If multiple operators search for the authorisation of paragraph 1, 1 for the same production unit, the authorization shall be granted to the person who owns the production unit.

Paragraph 4. Application for authorisation pursuant to paragraph 1. 1 shall include the following :

1) Identification of the production unit, its owner and operations manager.

2) A description of the production unit and its activities, including the technology used, and of the raw materials and auxiliary materials whose use can be expected to lead to greenhouse gas emissions appearing in section 8-10.

3) A description of the sources for the greenhouse gas emissions and planned measures for monitoring and reporting of the emissions, cf. Chapter 6.

4) A non-technical summary of the information referred to in paragraph 1 Two and three.

§ 13. The climate, energy and construction minister shall notify the operator of the emission of greenhouse gases where the application contains the information referred to in section 12 and a plan for monitoring and reporting of the greenhouse gas emission shall be approved by : The Minister, cf. however, section 15 (3). 1.

Paragraph 2. The draft authorization shall include the following :

1) Name and address of operator,

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

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

4) reporting requirements ; and

5) an obligation to return quotas corresponding to the total emissions of the production unit in each calendar year, cf. § 27.

Paragraph 3. In a permit and on the amendment of a permit, the Minister may, in a position, be able to ensure that the operator complies with specified requirements, which are justified in the company's special circumstances.

§ 14. The operator shall inform the climate, energy and construction minister for the purpose of the distribution permit and for the allocation of gratiscs, including all planned changes in the type or operation of the production unit or any extension ; a significant reduction in its capacity, which may result in the granting of the authorisation or the allocation.

Paragraph 2. The operator may not without permission from the minister to hand over a permit.

Paragraph 3. If the Minister knows about the following paragraph : The Minister may decide on the amendment of the authorization or withdrawal of the authorization or whether the operator should be subject to the application for a new permit, or whether the operator should be subject to authorization or withdrawal of the authorization or withdrawal of the authorization ; after § 12. The authorisation so far has been valid until the Minister has taken a position on the application for a new authorisation.

Paragraph 4. Upon transfer of the authorisation to a new operator, this shall be included in any obligation concerning the production unit, at the time when the approval of the transfer has been granted to the PM.

§ 15. The climate, energy and construction minister may refuse to allow an operator to be authorized,

1) in the case of an application for authorisation, have significantly given inaccurate or misleading information,

2) Repeated or overly infringed provisions of this law, rules issued under the law or EU acts on matters covered by the law, or

3) has overdue debt to the public, including the tax payment in accordance with section 28, of more than 100 000 DKK

Paragraph 2. A decision taken in accordance with paragraph 1. 1 may be required by the operator to be submitted to the courts. The decision must include information on access to justice and the time limit for this to be submitted, cf. paragraph 3.

Paragraph 3. The application for a judicial review shall be received by the climate, energy and construction minister no later than four weeks after the decision has been notified to the operator. The matter is then brought to justice in the forms of the minister of civil justice.

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

1) has been guilty of a serious or repeated infringement of this law, of provisions laid down in the law, by EU acts relating to matters covered by the law or by the conditions under which the authorisation is granted ;

2) are incapable of accrediting the ability to carry out its obligations in relation to this law in a fully responsible manner, or

3) has overdue debt to the public, including the tax payment in accordance with section 28, of more than 100 000 DKK

Paragraph 2. Decision in matters covered by paragraph 1. 1, no. 1, shall be taken by the courts. Decision in the cases referred to in paragraph 1. 1, no. 2 and 3, taken by the climate, energy and construction minister.

Paragraph 3. A decision taken in accordance with paragraph 1. 1, no. 2 and 3, may be required by the operator of the operator to the courts. The decision must include information on access to justice and the time limit for this to be submitted, cf. paragraph 4.

Paragraph 4. The application for a judicial review shall be received by the climate, energy and construction minister no later than four weeks after the decision has been notified to the operator. The matter is then brought to justice in the forms of the minister of civil justice.

Paragraph 5. If the PM ' s decision after paragraph is taken TWO, TWO. .., before the courts, the operator may continue to operate until the court decision is before the court.

§ 17. If an operator fails to meet the requirements of this law and other enforcement measures have been unable to ensure compliance, the climate, energy and construction minister may call upon the European Commission to take a decision to reduce operating bans ; in respect of the operator concerned.

Paragraph 2. An air operator may require that the climate, energy and construction minister's decision to request the European Commission to take a decision as specified in paragraph 1. 1 shall be submitted to the courts as specified in section 15 (3). 3, before the request is submitted to the European Commission. Communication of a decision pursuant to paragraph 1. 1 shall include information on the availability of the justice system and the time limit for this.

Paragraph 3. The climate, energy and construction minister will ensure that the European Commission's decision to ban operating bans on a particular aviation operator is enforced in Danish territory.

Chapter 4

Auction and free allocation of quotas

§ 18. The climate, energy and construction minister auctioning the auctions shares that are allocated to Denmark and which are not awarded for free in accordance with section 19 and 20.

Paragraph 2. The revenue from the auctioning of quotas with the deduction of the costs associated with this shall be attributed to the treasury.

§ 19. The climate, energy and construction minister assigns gratiscs to production units based on the benchmarks set by the European Commission.

Paragraph 2. The climate, energy and construction minister may lay down detailed rules for the allocation of gratiscs to production units, including the arrival of newcomers ' production units.

Paragraph 3. Assigning in a given year is conditional on the operator in possession of a valid exit permit in accordance with Article 13 that necessary authorisations for other legislation are available and that the information relating to the quota allocation to the operator is available and that the information is relevant to the quota allocation ; notified is correct.

Paragraph 4. If an operator has not fulfilled its obligation to return quotas by section 27 (s). 1, the amount of allowances due shall be deduction from quota allocations in subsequent quota allocations to the operator.

Paragraph 5. Where the allocation is based on incorrect data or information, a adjustment shall be made to the quota allocation in the following years.

Paragraph 6. The climate, energy and construction minister may decide that an operator assigned to quotas on the basis of incorrect data or information, or without the conditions laid down in this law, must return quotas equal to those of the Member State, unduly received.

20. The climate, energy and construction minister grants free air quotas on a benchmark basis per year. a verifying tonkkilometre determined by the European Commission.

Paragraph 2. The climate, energy and construction minister can lay down detailed rules for the allocation of gratiscs to air operators.

Paragraph 3. The allocation is conditional on the operator ' s air operators no later than 31. March 2011 applied for the allocation of free air quotas by submitting their verified tonmileage data for 2010 for the air navigation activities referred to in section 11, cf. however, paragraph 1 4.

Paragraph 4. Aviation operators starting an aircraft activity as referred to in section 11 after the 31. In December 2010, and air operators whose ton-kilometre data is on average rise by more than 18%. a year between 2010 and 2014, apply for the allocation of free air transport quotas by submitting their verified tones data for 2014 for the air navigation activities referred to in section 11. An application shall be submitted no later than 30. June 2015 of an application scheme is estimated by the Minister.

Paragraph 5. The tones of tones referred to in paragraph 1. 4, shall be monitored in accordance with section 24 and shall be verified in accordance with section 25.

Paragraph 6. This is a condition for the allocation of air quotas in accordance with paragraph 1. 4, that the activity is not wholly or partially the continuation of an aircraft activity that was previously carried out by another operator. In addition, the allocation may not exceed 1 000 000 aircraft quotas per unit ; operator.

Paragraph 7. If an operator has not fulfilled its obligation to return quotas after paragraph 27 (3), 1, the amount of allowances due shall be deduculed in subsequent quota allocations to the operator.

Paragraph 8. Where the allocation is based on incorrect data or information, a adjustment shall be made to the quota allocation in the following years.

Niner. 9. The climate, energy and construction minister may decide that an operator who has been allocated quotas on the basis of incorrect data or information or without the conditions laid down in this law must be returned by means of quotas equivalent to that ; the unduly received.

Chapter 5

The EU register, the Kyoto Protocol and its creditor

§ 21. The Minister for Industry and Growth Minister is administering Danish accounts in the electronic EU register, including the associated operators and airline operators, in accordance with this law.

Paragraph 2. Quotas are recorded in the EU register for the implementation of processes relating to the updating of accounts and allocation, return and cancellation of allowances. The allocation of gratiscs in accordance with Chapter 4 is by the fact that the business and growth minister is yearly at the latest by the 28th. In February, quotas shall be deposited on the accounts of the accounts of the EU Register.

Paragraph 3. The Minister for the Industry and Growth Minister may lay down detailed rules for accounts in the EU register, which is managed by the minister, including access to accounts, documentation requirements for account holders, conditions for the use of the register and the minister's access to blocking and closing accounts.

Paragraph 4. The Minister for the Industry and Growth Pact may lay down rules for the payment of fees for having an account in the EU register, which is managed by the minister.

Paragraph 5. The tax minister has access to any information, including in electronic form, about accounts in the EU register managed by the business and growth minister, and which is necessary for the taking of the tax minister's tasks.

§ 22. The Minister for the Industry and Growth Minister is administering an electronic Kyoto register containing information about credits, etc. issued in accordance with the UN' s Climate Convention and the Kyoto Protocol.

Paragraph 2. The Industry and Growth Minister may lay down rules for accounts in the Kyoto Protocol, including access to accounts, documentation requirements for account holders, conditions for the use of the register and the minister's access to blocking and closing accounts.

Paragraph 3. The Minister for the Industry and Growth Minister may lay down rules for the payment of a fee for having an account in the Kyoto Protocol.

Paragraph 4. The climate, energy and construction minister may lay down rules restricting access to transfer credits from a commitment period to the next period in accordance with the Kyoto Protocol, and rules that certain credits lose their validity or not ; may be inserted into accounts in the Kyoto Protocol.

Paragraph 5. The tax minister shall have access to any information, including in electronic form, of accounts in the Kyoto Protocol, which is necessary for the taking of the tax minister's tasks.

-23. Projects reducing greenhouse gas emissions with a view to generating credits outside Denmark in accordance with the United Nations Climate Convention and the Kyoto Protocol may only be initiated or carried out by legal or physical persons in accordance with the United Nations ; Denmark for the authorisation of the climate, energy and construction minister.

Paragraph 2. The JI projects envisaged in Denmark may only be initiated in accordance with the authorisation of the climate, energy and construction minister. JI projects are understood to mean projects that reduce greenhouse gas emissions in order to generate credits in accordance with Article 6 of the United Nations Climate Convention and the Kyoto Protocol.

Paragraph 3. Authorisation pursuant to paragraph 1. 1 and 2 may be given if the project is deemed to be in accordance with this law, the quota directive and the United Nations Climate Convention and the Kyoto Protocol, including guidelines and procedures adopted under the UN' s Climate Convention and the Kyoto Protocol.

Paragraph 4. The climate, energy and construction minister may lay down detailed rules for the grant of authorisation, including rules for specific types of project under the EU law or the United Nations Climate Convention and the Kyoto Protocol, and on the payment of the fee for processing of applications.

Chapter 6

Monitoring, Verification and Reporting

§ 24. An operator must in accordance with a monitoring plan approved by the climate, energy and construction services, continuously monitoring the emission of greenhouse gases from production units for which this responsibility is responsible. An air operator shall, in accordance with a surveillance plan approved by the climate, energy and construction services, shall continuously monitor the tones of air navigation activities for which this person is responsible.

Paragraph 2. The climate, energy and construction minister can lay down detailed rules on monitoring.

Paragraph 3. The operator and the operator shall communicate to the Minister, if any, updated monitoring plans for approval.

§ 25. The operator or operator shall ensure that monitoring of the greenhouse gas line according to section 24 is to be verified annually by an independent verifier.

Paragraph 2. The climate, energy and construction minister can lay down detailed rules for verification.

SECTION 26. The operator or operator shall be responsible for the annual charge at the latest by 31. In March, to report verified emissions of greenhouse gases for the previous year from production units or air navigation activities to which it is responsible for the climate, energy and construction minister.

Paragraph 2. The operator or operator shall also be responsible for the registration of the reporting in the EU register within the time limit laid down in paragraph 1. 1.

Paragraph 3. The climate, energy and construction minister can lay down detailed rules for reporting.

Paragraph 4. Biofuels and liquid biofuels are regarded as biomass and are entitled to use an emission factor of zero if they are proven to be sustainable. The climate, energy and construction minister can lay down rules on the sustainability of biofuels and the sustainability of biofuels, including about the sustainability of biofuels and the sustainability of biofuels.

Paragraph 5. If an operator or operator does not report in accordance with paragraph 1, 1 or if the operator or operator ' s reporting by paragraph shall be reported by the operator or operator. Paragraph 1 has not been carried out in accordance with EU acts relating to matters covered by this law, the climate, energy and construction minister may lay down the greenhouse gas emission of production unit or air activity. The determination of the emissions of the minister shall have the same legal effect as a verifying report after paragraph 25. The costs of the minister relating to the fixing, including the costs of the initial work of the Minister, and any expert assistance, shall be the responsibility of the operator or operator.

Chapter 7

Return of quotas

§ 27. The operator of a production unit and operator of an aircraft activity covered by the law shall be subject to the applicable law in the EU register every year at the latest. April returns a number of allowances corresponding to the previous year's verified and reported greenhouse gas discharge from the production unit or from the air navigation activity, cf. however, paragraph 1 2. An operator cannot return air navigation quotas.

Paragraph 2. An obligation to return quotas does not apply to discharges that have been verified as a total and transported for permanent storage to an installation subject to a valid permit in accordance with the European Parliament and Council Directive 2009 /31/EC of 23. April 2009 on the geological storage of carbon dioxide.

§ 28. If an operator or an operator has not complied with its obligation under section 27, the climate, energy and construction minister shall impose a duty on the treasury of the climate, energy and construction minister or the operator. The levy represents an amount equal to EUR 100 for each derived tonne of CO, 2 equivalent, for which the operator or the aircraft operator has not returned any allowances, cf. § 27.

Paragraph 2. The climate, energy and construction minister shall publish decisions on the payment of a levy by air operators in accordance with paragraph 1. 1.

Paragraph 3. The amount due shall be paid per 1. In May of that year and the indexation of the index, in accordance with the development of the European consumer price index.

Paragraph 4. The amount due shall be due to payment within 14 days of claim.

Paragraph 5. If the guilty amount is not paid in a timely manner, 1,3% shall be paid. in monthly interest rate for each beginning month from 1. however, in the month in which the amount is to be paid by the operator or operator, at least 50 kr.

Paragraph 6. The charges shall be paid under paragraph 1. Paragraph 1 shall not exempt the operator or operator of the obligation to return allowances in the EU register corresponding to the quota-cross discharges when he returns the quota for the following calendar year.

Paragraph 7. For the payment of the tax after the law, the operator or operator shall be liable to the operator. If this is not the owner of the production unit or aircraft, the owner shall show solidarity with the operator or operator of the payment of the tax. If the operator or operator does not operate the production unit or aircraft at its own expense, the operator shall be liable to the operator or operator of the payment by the operator or the operator for the payment of the operator.

Chapter 8

Supervision and accountability, etc.

§ 29. The climate, energy and construction minister shall supervise the compliance of operations and air operators with respect to the law, rules issued under the law and EU acts on matters covered by the law, and the conditions and decisions taken pursuant thereto, cf. however, paragraph 1 2.

Paragraph 2. The Minister for Industry and Growth is in the lead with regard to the EU register, cf. § 21, and the Kyoto Protocol, cf. Section 22, the supervision of respect for the law, rules issued under the law and EU acts on matters covered by the law and decisions taken pursuant thereto.

Paragraph 3. Operators and air operators carrying out activities covered by this law shall, at the request of the climate, energy and construction minister, or the Minister of Acquilise and the Minister for the Minister of Acquireate, provide any information to the Minister for a reasonable period of time ; evaluation shall be deemed necessary to carry out their duties under this law, including tasks relating to the exercise of supervision in accordance with paragraph 1. One or two.

Paragraph 4. The climate, energy and construction Minister and the Minister for the Acting and Growth Minister may present to you that, in accordance with the law, rules issued under the law, EU acts relating to matters covered by the law or decisions taken pursuant thereto, must be brought to the end of the following : comply with the rules laid down within a specified period.

Paragraph 5. The climate, energy and construction minister and the Minister for the Acting and Growth Minister have access to any information in the customs and tax administration, including in electronic form, which is necessary for the taking of these ministers ' duties. The climate, energy and construction minister can also obtain environmental information from the Environment Minister, including in electronic form.

-$30. The climate, energy and building minister ' s expenditure for the allocation of permits under section 13-16, award of quotas after Section 19, processing and decision on matters relating to monitoring, verification and reporting by section 24-26, decision on the tax payment in accordance with section 28 and supervision after paragraph 29 (3). 1, the operator of the production units shall be covered by the law.

Paragraph 2. The climate, energy and building minister ' s expenditure for the allocation of quotas to air operators after 20, processing and decision on matters relating to surveillance, verification and reporting on air operators in accordance with section 24-26 decision the tax payment in accordance with section 28 and supervision after paragraph 29 (3). 1, operator operators shall be subject to the law.

Paragraph 3. The climate, energy and construction minister may lay down rules for the payment of expenditure by the operator and the operator of the operating system referred to in paragraph 1. One and two.

Paragraph 4. The expenses and expenditure of the minister for supervision after Article 29 (2) shall be subject to : 2, the account holders of the EU register, cf. § 21, and the Kyoto Protocol, cf. § 22.

Paragraph 5. The Minister for the Industry and Growth Pact may lay down rules on the payment of the accounts of the accounts referred to in paragraph 1. 4.

Chapter 9

Complaguing and penalty provisions

§ 31. The Energy Board Board deals with complaints against decisions of the climate, energy and construction minister and the professions and the Minister for Industry, according to this law, rules issued under the law or EU acts on matters covered by this law. shall not be brought before the courts until the final administrative decision is available.

Paragraph 2. In the case of the rulings of this Act, the Energy Board shall consist of the members who decide to complain on the power of electricity. If the complaint gives a background to this, the chairman of the Board may decide that the name of the appeal shall consist of those members who decide the complaint of the heat supply law.

Paragraph 3. The following decisions may not be made for the Energy Agency :

1) The decisions of the Council in accordance with section 15 (3) Paragraph 1, section 16, paragraph 1. 1, no. 2 and 3, and section 17 (3). 1.

2) The decisions of the Council in accordance with section 19 (1) paragraphs 1, 3 and 4, section 20 (4), One and seven.

3) The decisions of the Council in accordance with section 26 (2) 5.

Paragraph 4. Notwithstanding paragraph 1 3 can complain of legal issues in the context of the Minister's decisions to be submitted to the Energy Board.

Paragraph 5. Complaguing must have been submitted in writing within 4 weeks of the notification.

Paragraph 6. The chairman of the Energy Board of Energy may, by agreement with the Board, may decide on behalf of the Board in matters which are treated in accordance with this law or by rules issued under the law.

Paragraph 7. The climate, energy and construction Minister and the Minister for the Acting and Growth Minister may lay down rules on access to justice, subject to the law, rules issued under the law or EU acts on matters covered by the law, the minister concerned, including that certain decisions should not be subject to the Energy Agency.

Paragraph 8. In addition, the Minister for Climate, Energy and the Minister and the Minister for the Acting and Growth Minister may also lay down rules that decisions taken by an institution under the Secretary of State or any other authority as a minister under Section 33 have been placed on the ground ; its powers under the law should not be able to be brought to the minister.

Niner. 9. The climate, energy and construction minister can lay down rules for the payment of a charge in the case of filing a complaint for the Energy Board.

§ 32. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :

1) omits to provide information or emitting incorrect or misleading information required in accordance with section 5 (5). 2, including of faith and laws,

2) fails to appoint a proxy as referred to in section 7,

3) emit greenhouse gases without any necessary authorization after paragraph 12 (1). 2, or § 13,

4) violates the terms of a permit granted under Section 13 ;

5) fails to notify of the importance of the distribution permit and for the award of gratiscvoter, cf. Section 14, paragraph 14. 1,

6) is in breach of the obligation to reverse quotas pursuant to Article 19 (1). 6, or section 20 (4), 9,

7) violates the terms of a monitoring plan approved in accordance with section 24 (2). 1,

8) is in violation of the reporting obligation in accordance with section 26 (3) 1 or 2, by not reporting in a timely or adequate manner,

9) not provide information in accordance with section 29 (5). 3,

10) do not fall out after paragraph 29 (3). 4, or

11) the information or inaccurate or misleading information which is relevant to the competent authority in accordance with the law or EU acts on matters covered by the law, or which affect the decisions of the competent authority in accordance with the law ; or EU acts relating to matters covered by the law or are relevant to the tax control.

Paragraph 2. The rules adopted under this law may be punished for the penalties imposed by the rules.

Paragraph 3. The one who commits one of the violations referred to in paragraph 1. 1 or 2 by means of evacating the tax shall be punished by fine or penitentiant up to two years, unless higher penalties have been inflited on other legislation.

Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 10

Other provisions

Authorisation

§ 33. The climate, energy and construction minister can empower an institution established under the Ministry or any other public authority to exercise powers which, in this Act or Community acts on the subject of this law, are in the context of climate, energy and The Minister of construction The climate, energy and construction minister shall designate a competent authority in accordance with Directive 2003 /87/EC, in accordance with the provisions of the Directive 2003 /87/EC. however, paragraph 1 2.

Paragraph 2. The Minister for Industry, and the Minister for Growth, can empower an institution established under the Ministry or any other authority to exercise powers which, in this Act or EU acts, subject to this law, have been attributable to the business and growth minister. In this respect, the Office shall designate a competent authority in respect of all matters relating to the management of Danish accounts in the EU register, except in relation to the allocation of emission permits and gratiscvoter, verification of the verifiable discharges and the return of quotas, cf. Chapters 3, 4, 6 and 7.

Publication of information

§ 34. The climate, energy and construction minister will ensure that all decisions and reports concerning the quantity and allocation of quotas and on monitoring, reporting and verification of greenhouse gas emissions shall be published immediately. Information covered by professional secrecy may not be disclosed to other persons or authorities, except in accordance with applicable law.

Paragraph 2. The climate, energy and construction minister will publish decisions on projects covered by section 23, which Denmark participles in or allows others to participate.

Digital communications

$35. The climate, energy and construction minister may lay down rules to communicate in connection with the application for the release permit, cf. section 13, the transmission of information relating to the importance of the discharge permit, cf. Section 14, request for gratification, cf. Section 19 (1). Article 20 (2) and 20 (2). 4, the presentation of updated monitoring plans, cf. section 24, reporting of verified discharges, cf. Section 26 and other information received by the Minister pursuant to this law, rules issued under this Act or Community acts relating to matters covered by this law, must be digitally.

Paragraph 2. The climate, energy and construction minister can lay down detailed rules on digital communications, including the use of specific IT systems, special digital formats and digital signature el.lign.

Paragraph 3. A digital message is considered to have arrived when it is available for the message address.

Paragraph 4. The climate, energy and construction minister may lay down rules that the minister or the minister, after Article 33 empowers to do so, may issue decisions and other documents under this law, rules issued under this law or EU acts on the conditions covered by this law without a signature, with a mechanical or equivalent manner, or by means of a technique that ensures uniquely identification of the person who issued the decision or the document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

Paragraph 5. The climate, energy and construction minister may lay down rules that decisions and other documents which have been made exclusively or issued on the basis of electronic data processing may be issued alone with the indication of the climate, energy and The Department of Construction or the Minister for Section 33 empowerment to be sent here to be submitted.

§ 36. The Minister for the Industry and Growth Pact may lay down rules that communication in connection with reporting to the EU register, cf. § 21, and the Kyoto Protocol, cf. Section 22, in accordance with rules issued under this law or EU acts on matters covered by this law, must be digitally.

Paragraph 2. The Minister for the Industry and Growth Minister may lay down detailed rules on digital communications, including the use of specific IT systems, special digital formats and digital signature el.lign.

Paragraph 3. A digital message is considered to have arrived when it is available for the message address.

Paragraph 4. Whereas the Minister for the Industry and Growth Minister may lay down rules that the minister or the minister, after Article 33 empowers to do so, may issue decisions and other documents under this law, rules issued under this Act or EU acts on matters relating to matters relating to them ; covered by this law without a signature, with a mechanical or equivalent manner, or by means of a technique that ensures uniquely identification of the person who issued the decision or the document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

Paragraph 5. Whereas the Minister for the Industry and Growth Minister may lay down rules that decisions and other documents which have been issued exclusively or issued on the basis of electronic data processing may be issued alone, with the Ministry of the Vocational and Growth or the Ministry of Industry, The minister, after section 33 empowers to be sent here, to send.

Exemption from the introduction to the Regulatory Requirements and so on.

§ 37. The climate, energy and construction minister may lay down rules for the specified international decisions and technical specifications relating to requirements for undertakings, installations, aircraft, facilities, etc., or conditions for allocation, etc., any credits or quotas referred to in the rules laid down pursuant to this law shall not be introduced in law.

Paragraph 2. The climate, energy and construction minister can lay down rules on how information on the international decisions and technical specifications which are not introduced in law, cf. paragraph 1, can be obtained.

Entry into force and transitional provisions

§ 38. The law shall enter into force on 1. January 2013, cf. however, paragraph 1 2.

Paragraph 2. Section 5 and section 31 shall enter into force on the day following the notice in the law of the law.

§ 39. CO of CO 2 -quotas, cf. Law Order no. 1222 by 15. October 2010, repealed. However, the law and the rules laid down pursuant thereto shall continue to apply to greenhouse gases emitter in 2012 or earlier. Section 15 (3). 5, and section 21 i lov om CO 2 -quotas, cf. Law Order no. 1222 by 15. In October 2010, continuing to apply to the state auctioning or sale of quotas arising from the period 2008-2012 will continue to apply.

Paragraph 2. Emission permits issued in accordance with section 10 of the CO Act 2 -quotas, cf. Law Order no. 1222 by 15. In October 2010, no longer valid until they are replaced by the extract authorizations issued under section 13 of this Act, and the Terms and Conditions for the release of the extract may be amended only five years after the date of issue and with a prior notice of 1 year, cf. ~ 10 (1)) 3, in the case of CO 2 -quotas, cf. Law Order no. 1222 by 15. However, October 2010 is not upheld.

Paragraph 3. Rules laid down in accordance with the code of CO 2 -quotas, cf. Law Order no. 1222 by 15. In October 2010, remain in force until they are repealed or replaced by rules laid down in accordance with this Act.

Modification of the heat supply law

§ 40. In the law of heat supply, cf. Law Order no. 1184 of 14. December 2011, as amended by Section 1 of law no. 577 by 18. June 2012, the following changes are made :

1. Two places. Section 20 (2). 9, is changed ' by section 16-20 in the CO Act 2 -quotas "to :" pursuant to section 19 of the CO Act, 2 quotas.

2. I Section 20 (2). 10, is replaced by ' in accordance with the provisions laid down in Section 31, 2 -quotas "to :" after paragraph 28 of the CO Act 2 quotas.

3. Section 20 (2). 11, ITREAS :

" Stop. 11. The climate, energy and construction minister may lay down detailed rules on the quotas referred to in paragraph 1. 8, and about the excess CO 2 -quotas pursuant to paragraph 1. 9, including the rules governing administration of the scheme. The Minister may, in particular, decide on the valuefixing of the values set out in 1. Act. the quotas mentioned, the allocation and consumption of CO ; 2 -quotas for heat production, the time and procedure for the transfer of CO ; 2 -quotas in the relationship between heat-generation units and heat-takers at the deficit or surplus of quotas and on the distribution of CO ; 2 -quotas between several heaters. "

Changing the incubation slots

§ 41. In the Act of Tax on coal, lignite and coke, etc., cf. Law Order no. 1292 of 17. In November 2010, as amended by Section 3 of Act 3. 1564 of 21. In December 2010 and section 3 of the Law No 625 of 14. June 2011 and no later than Section 5 of Act 5. 481 of 30. In May 2012, the following change is made :

1. I Section 5 (5). 5-11, is replaced " Section 9 of the CO Act 2 -quotas ` shall be : ' Law on CO 2 quotas.

Modification of carbon dioxide tax slots

§ 42. In the case of the carbon dioxide tax of certain energy products, cf. Law Order no. 321 of 4. April 2011, as amended by Section 5 of Act 5. 722 of 25. June 2010, section 5 of Law 1564 of 21. In December 2010 and section 5 of the Act 625 of 14. June 2011, the following changes are made :

1. I Section 5 (5). 2 and 3, section 7, paragraph. 1, no. 2 and 3, and paragraph 5, no. 1, two places in ~ 8 (a) (a) 1, two places in § 9 (a) (a) 1, and in 9 (b) (b) 1 and 2, is replaced " Section 9 of the CO Act 2 -quotas ` shall be : ' Law on CO 2 quotas.

2. I § 9 (a) (a) 1, "§ 5 8" to : "§ § 8-10" and, except for the production units, section 17 (s). 1, in the case of CO 2 quotas shall be deleted ;

§ 43. The law does not apply to the Faroe Islands and Greenland.

Givet at the Christiansborg Castle, the 28th. November 2012

Under Our Royal Hand and Segl

MARGRETHE R.

/ Martin Lidegaard


Appendix 1

The following flights are not covered by this law, cf. § 11 :
a)
Moves carried out solely for the purpose of transporting a governing monarch and its immediate family, Heads of State, Heads of Government or Government of a third country on official services when this purpose is stated in a relevant way ; the status indicator of the flight plan.
b)
Military flights carried out by military aircraft, and customs and police flights.
c)
Post-search and rescue flights, fire-extinguishing flights, humanitarian flights and medical emergency flights approved by the relevant competent authority.
d)
Moves performed solely on the visa transfer rules as defined in Annex 2 to the Chicado Convention.
(e)
Airplanes to be concluded on the air space from which the aircraft has been started and which does not involve any intermediate landing.
(f)
Training flights carried out solely for the purpose of obtaining a certificate or, in the case of flight crew members, a certificate of certificate when this is stated in an appropriate note in the flight plan, provided that the flight does not serve ; for the carriage of passengers or cargo or to a position or transport of the aircraft.
g)
Moves carried out solely in the framework of scientific research or for the purpose of verifying, testing or certifying an aircraft or equipment, whether or not airborne or grounded.
(h)
aerations carried out using aircraft with a maximum allowed mass of less than 5 700 kilograms.
i)
Moves carried out in the framework of public service obligations under Regulation (EEC) No 2, 2408/92 shall be subject to routes in the outermost regions as defined in Article 299 (4). 2, of the EC Treaty, or on routes where the amount of the tender does not exceed 30,000 seats per year. Years.
j)
Airplanes which, if not for this subparagraph, would fall under this activity and be carried out by a commercial air transport operator, either :
-WHAT?
for three consecution periods of four months, under 243 flights each. period or
-WHAT?
perform flights with total annual annual emissions of less than 10 000 tonnes.
Official notes

1) The law contains provisions implementing Directive 2003 /87/EC of the European Parliament and of the Council of 13. In October 2003, a scheme for greenhouse gas emission allowance trading in the Community and amending Council Directive 96 /61/EC, EU-Official Journal 2003, nr. L 275, page 32, as amended by Directive 2004 /101/EC of the European Parliament and of the Council of 27. In October 2004, 2004, no. L 338, page 18, Directive 2008 /101/EC of the European Parliament and of the Council of 19. This is November 2008, 2009, no. L 8, page 3, and Directive 2009 /29/EC of the European Parliament and of the Council of 23. April 2009, EU Official Journal 2009, nr. In 140, page 63, and provisions that implement Directive 2009 /28/EC of the European Parliament and of the Council of 23. April 2009, on the promotion of the use of energy from renewable energy sources, EU Official Journal 2009, nr. L 140, page 16. In the law, certain provisions of the Commission Regulation (EU) are included in the legislation. 1031/2010 of 12. November 2010 on the time and administrative process of auctioning emission allowances for greenhouse gas emissions and other aspects related to such auctions pursuant to Directive 2003 /87/EC of the European Parliament and of the Council on a scheme for trade in quotas for greenhouse gas emissions in the Community, EU Official Journal 2010, nr. The Commission Regulation (EC) No 302, Regulation (EC) No 302, 1193/2011 by 18. November 2011 establishing an EU register for the trade period starting on 1. January 2013, and subsequent trading periods for the EU Emissions Trading Scheme in accordance with Directive 2003 /87/EC of the European Parliament and of the Council of the European Parliament and of the European Parliament and of the Council EUR 280 /2004/EC, EU-Official Journal 2011, nr. Regulation (EC) No 315, page 1 of the Commission Regulation (EC) No 1 601/2012 of 21. June 2012 on monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003 /87/EC of the European Parliament and of the Council, the EU-Official Journal of the European Union. The Commission Regulation (EC) No 181 (1), 181, and Commission Regulation (EU 600/2012 by 21. June 2012 on the verification of reports on greenhouse gas emissions and reports of a kilometre and accreditation of the verifiers in accordance with Directive 2003 /87/EC of the European Parliament and of the Council, the EU-Official Journal of the European Union. L-181, page one. According to Article 288 of the EDF Treaty, a Regulation shall apply immediately in each Member State. The rendition of these provisions in the law is therefore based solely on practical considerations and is without prejudice to the immediate validity of the regulations in Denmark.