Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of this law is to contribute to reducing greenhouse gas emissions in a cost-effective and economically efficient way.
This law implements Directive 2003 /87/EC of the European Parliament and of the Council amending Directive 96 /61/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 /61/EC. The Emissions Trading Directive, With the exception of the provisions on emissions trading in air transport.
This law shall apply to co 2 emissions of the following activities and, in addition, to the other greenhouse gas emissions mentioned in paragraphs 25 to 28: (17/04/2013)
(1) combustion of fuels in installations with a total rated thermal input of more than 20 mw, excluding the incineration of waste in installations or parts of the installation where the environment (177/2014) Comply with the requirements for the incineration plant in accordance with the provisions laid down in the environmental permit; (27.06.2014/533)
(2) mineral oil processing;
3) coke production;
(4) ore, including sulphide ore, shite, sintering and pelleting;
(5) the production of iron and steel, including continuous casting, if the production capacity exceeds 2,5 tonnes per hour;
(6) production or processing of ferrous metals, including iron alloys, in combustion units with an overall rated thermal input exceeding 20 mw;
(7) production or processing of non-ferrous metals, including mixtures, in combustion units with a total rated thermal input of the non-ferrous metals, including used fuels, exceeding 20 megawatts;
8) production of cement clinker in rotary kilns with a production capacity of more than 500 tonnes per day or other kilns with a production capacity exceeding 50 tonnes per day;
(9) the production of lime or calcination of dolomite or magnesite in rotary kilns or other types of kilns with a production capacity exceeding 50 tonnes per day;
(10) the manufacture of glass, including glass fibres, if the melting capacity exceeds 20 tonnes per day;
(11) the production of ceramic products by burning if the production capacity exceeds 75 tonnes per day;
(12) the manufacture of mineral wool from glass, stone or slag if the melting capacity exceeds 20 tonnes per day;
(13) drying or calcination of gypsum or the manufacture of gypsum boards and other gypsum products with a total rated thermal input of more than 20 mw;
(14) the manufacture of pulp from wood or other fibrous materials;
(15) production of paper and paperboard, if production capacity exceeds 20 tonnes per day;
(16) the production of a carbon base associated with the carbonisation of organic substances in combustion units with a total rated thermal input exceeding 20 mw;
17) ammonia production;
(18) the production of organic chemical chemicals produced in large consignments using a hangover, reforming, partial or complete oxidation or equivalent methods and production capacity exceeding 100 tonnes per day;
(19) the production of hydrogen gas and synthesis gas using reforming or partial oxidation and production capacity exceeding 25 tonnes per day;
(20) production of calcined soda and sodium bicarbonate;
(21) greenhouse gas recovery from installations falling within the scope of this Act for the transport and geological storage of carbon dioxide from the geological storage of CO2 and Council Directive 85 /337/EEC and the European Parliament and Directive 2009 /31/EC of the European Parliament and of the Council amending Council Directives 2000 /60/EC, 2001 /80/EC, 2004 /35/EC, 2006 /12/EC and 2008 /1/EC and Regulation (EC) No 1013/2006, hereinafter referred to as: Directive on the geological storage of carbon dioxide , in accordance with the authorised storage site;
(22) transport of greenhouse gases through pipelines for geological storage in accordance with the storage site authorised in accordance with the Directive on the geological storage of carbon dioxide;
(23) geological storage of greenhouse gases in a storage site authorised in accordance with the Directive on geological storage of carbon dioxide;
(24) aluminium secondary production in combustion units with an overall rated thermal input of more than 20 mw;
(25) primary production of aluminium and also production perfluorocarbons;
(26) the production of nitric acid and, in addition, nitrogen oxide emissions from production;
(27) production of adipic acid and, in addition, nitrogen oxide emissions from production;
28) glyoxal and glyoxylic acid production, together with nitrous oxide emissions from production.
Where an institution or its component is used for operations whose threshold is not expressed as the total rated heat output of the combustion units in paragraph 1, the fact that the operation falls within the scope of this Act shall be governed primarily by the The production capacity threshold. However, this law shall apply to units burning at an installation with a combined total rated thermal input exceeding 20 megawatts in accordance with paragraph 1, even if the plant's production capacity is below 1 The production capacity mentioned in the article.
This law shall not apply to the institution or part thereof whose main purpose is the examination, development or testing of new products or processes. This law shall also not apply to a facility used for the start-up or shut-down of the installation or combustion unit with the exception of biomass alone.
Air traffic emissions trading is regulated by the Air Traffic Emissions Trading Act (184/2010) .
Where several activities covered by the same paragraph of Article 2 (1) are carried out in the same establishment, the operation of the activity shall be determined on the basis of the combined operating capacity.
Where the installation of an installation in the scope of this law is determined by Article 2 (1) on the basis of the total heat performance of the combustion units, the rated thermal power shall be aggregated from all the technical units in which the fuel is burned. For the calculation of the total rated thermal input, the combustion units with a rated thermal input of less than 3 megawatts or units in which the unit is used or halted, except for biomass only, shall not be taken into account.
Where, pursuant to Article 2 (1), the institution falls within the scope of the law, this law shall apply to all units of the installation or parts of the installation where the fuel is burned, except for units in which the The requirements for the incineration plant are complied with in accordance with the provisions of the environmental permit.
This law shall apply to an undercutting plant referred to in Article 2 (1) (1), the main purpose of which is the production of heat for the district heating network, if:
(1) at least one installation connected to the district heating network has a rated thermal input of more than 20 mw and produces heat for supply mainly to the district heating network;
(2) the installation referred to in paragraph 1 is connected to the district heating network by 30 April 2010; and
(3) the European Commission, hereinafter referred to as Commission , approve the inclusion of the installation in the emission allowance trading scheme.
Where the installation's emissions are recovered in accordance with Article 2 (1) (21) and transported by sea to the territory of the European Union for geological storage, it may be applicable to the application by the operator of the installation concerned Recovery, transport and storage, provided that the Commission accepts the inclusion of emissions recovery, transport and storage in the scheme for emission allowance trading.
The application referred to in paragraph 1 shall be submitted to the Ministry of Employment and the Economy. Where appropriate, more detailed provisions on the content of the application and the verification, monitoring and reporting of emissions shall be laid down in the Regulation of the Ministry of Employment and the Economy.
For the purposes of this law:
(1) Greenhouse gases CO2, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, and other gaseous components of the atmosphere, both natural and anthropogenic, accepting and transmitting Infrared radiation;
(2) Emissions Greenhouse gases released into the air from the installation;
(3) By the amount of CO2 tonnes Or CO2 equivalents 1 tonne of carbon dioxide or any other greenhouse gas that has an equivalent effect on global warming as a tonne of carbon dioxide;
(4) Emission right The right to release greenhouse gases equal to one tonne of carbon dioxide in a given period within the meaning of the ets Directive;
(5) Trading period The period for which free of charge has been granted or is granted or otherwise allocated allowances;
(6) Institution A stationary technical unit where one or more of the activities referred to in Article 2 are carried out, as well as activities which are technically or functionally integral to it, which may have an effect on emissions and pollution;
(7) Burning Fuel oxidation, irrespective of the manner in which the heat, electricity or mechanical energy produced by this process is used, and any other activity directly related to this, including the cleaning of the flue gas;
(8) Operator A natural or legal person who has effective control over the operation of the institution;
(9) Electricity generator An institution which has produced electricity for sale to third parties on or after 1 January 2005 and which does not carry out any activity mentioned in Article 2 other than the combustion of fuels;
(10) The production capacity of the installation The production volume of the industrial production which the institution or part of the installation would be able to produce within a year of 365 days, 24 hours a day at full nominal power, and more precisely defined in the Commission's terms of reference;
(11) Standard capacity utilisation rate; The annual production capacity for each sector or part of the industry as defined in the Commission's terms of reference;
(12) Climate agreement The United Nations Framework Convention on Climate Change (SopS 61/1994);
(13) Annex I Contracting Parties The Contracting Party mentioned in Annex I to the Convention on Climate Change under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (SopS 13/2005), hereinafter referred to as: Kyoto Protocol , a quantitative limit or an obligation to reduce emissions and have ratified the Kyoto Protocol;
(14) Project activities Activities approved by one or more of the contracting parties to Annex I in accordance with Articles 6 or 12 of the Kyoto Protocol and decisions taken on the basis of the Kyoto Protocol;
(15) Emission reduction unit A unit resulting from a reduction in emissions resulting from the project activity carried out in another climate agreement in the State mentioned in Annex I to the unfccc and which has been issued in accordance with Article 6 of the Kyoto Protocol and decisions taken under the Kyoto Protocol; In accordance with
16) With certified emission reduction A unit resulting from a reduction in emissions resulting from project activities carried out in a State not listed in Annex I to the Convention, and which has been granted in accordance with Article 12 of the Kyoto Protocol and decisions taken under the Kyoto Protocol In accordance with
(17) Project unit The emission reduction unit and the certified emission reduction;
(18) By the Commission's registry The Commission Regulation adopted pursuant to Article 19 (3) of the Emission Trading Directive;
19) The Commission monitoring regulation The Commission Regulation on the monitoring of emissions pursuant to Article 14 (1) of the Emissions Trading Directive;
20) The Commission's free allocation act The Commission decision adopted pursuant to Article 10a (1), (7), (19) and (20) of the Emissions Trading Directive, free of charge from the harmonised distribution key for free allocation; and
20a) The Commission's verification Commission Regulation (EU) No 600/2012 for the verification of greenhouse gas emission reports and tonne-kilometre reports and the accreditation of verifiers pursuant to Directive 2003 /87/EC of the European Parliament and of the Council; (17/04/2013)
21) The emissions trading authority The Energy Agency. (17/04/2013)
The operator shall:
(1) apply for a greenhouse gas emissions permit to the installation;
(2) monitor the emissions of their plants, draw up an annual report on them and ensure that the report is verified;
(3) return to the emissions trading authority the amount of allowances corresponding to the total emissions of the installation in the previous calendar year;
(4) provide the information necessary for the allocation and allocation of allowances to be allocated free of charge to the Ministry of Employment and the Economy and apply for allowances;
(5) inform the emissions trading authority of any changes in the operation of the installation, the changes in the monitoring of emissions and the modification of the operator;
(6) inform the Ministry of Employment and the Ministry of Employment of the reduction in the activity of the institution and of the partial cessation of the operation of the institution for the purpose of reducing the amount of allowances to be allocated free of charge.
The installation shall have a greenhouse gas emission permit. Authorisation shall be granted by the ETS. Authorisation shall be granted for a limited period or for specific reasons.
Institutions referred to in Articles 4 and 5 shall apply for an authorisation and authorisation may be granted in accordance with Articles 9 to 11, provided that the authorisation is valid if the institutions concerned are approved by the Commission. If the approval of the Commission is not granted, the examination of an application for authorisation or, if the authorisation has already been granted, the greenhouse gas emissions permit shall lapse.
The application shall be accompanied by an analysis of the installation, its activities and sources of emissions, as well as a plan for the monitoring of emissions and the submission of emissions reports to the Emission Trading Authority. In addition, before granting an authorisation, the emissions trading authority shall submit a statement that the operation of the installation may be carried out under the environmental protection provisions. The content of the licence application shall be governed by the Regulation of the Ministry of Employment and the Economy.
The application for authorisation shall be submitted to the Emission Trading Authority at least six months before the planned commencement of the activity.
The Emission Trading Authority shall take a decision on the authorisation no later than two months after the application and any supplements thereto have been submitted to the Emission Trading Authority.
The greenhouse gas emissions permit shall be granted to the operator in respect of an installation if:
(1) the operator's plans for the monitoring of emissions and the reporting of emissions to the emissions trading authority are adequate and appropriate; and
(2) the operator may carry out activities under environmental protection provisions.
An emission permit may be granted, even if the decision on the authorisation according to the Environmental Protection Act is not legal.
A greenhouse gas emission permit may relate to one or more installations at the same location.
A greenhouse gas emission permit may, for specific reasons, cover one or more installations at the same location in the same location.
Where several operators have applied for an emission permit together, they shall be jointly and severally liable for the fulfilment of their obligations. Operators shall, when applying for authorisation, designate a body responsible for contacts with the authorities.
The authorisation shall include information on the operator, emissions and sources, the operation of the installation, the production capacity of the installation or total rated thermal power, and:
(1) emission monitoring requirements for monitoring methods and frequency; and
(2) Requirements for the submission of emissions reports to the emissions trading authority.
The operator shall inform the emissions trading authority in advance of any change in the operation of the installation, the increase in the capacity of the installation or any significant reduction of its emissions, or any change in the monitoring of emissions, which may: Calls for a revision of the permit conditions for greenhouse gas emissions or for monitoring of emissions monitoring.
Following a notification by the operator, the emissions trading authority may amend the permit or check the permit conditions for the monitoring of emissions. The Emission Trading Authority shall consider a modification of the permit and a review of the permit conditions, such as an application for authorisation.
The Emission Trading Authority shall review at least every five years the emission monitoring requirements of the greenhouse gas emissions permit and, if necessary, amend the permit conditions for the monitoring of emissions.
If the Commission's emissions monitoring regulation requires a revision of the permit conditions, the emissions trading authority shall call on the operator to submit a revised plan for checking the permit conditions for the purpose of checking the permit conditions. The operator shall submit a revised plan within the time limit set by the ETS.
An installation that does not have a greenhouse gas emissions permit from 2013 shall have a greenhouse gas emissions permit or a temporary greenhouse gas emission permit at the latest on 30 days at the time of entry into force of this Act. June 2011. An intermediate greenhouse gas emission permit shall have a greenhouse gas emissions permit not later than 1 January 2013.
The Agency shall submit an application for authorisation to the Emission Trading Authority by 31 May 2011 at the latest by 31 May 2011. An installation of a temporary greenhouse gas emissions permit shall submit an application for a permit for greenhouse gas emissions by 30 June 2012.
With the exception of the reports provided for in Article 9 (1), the application for authorisation of a greenhouse gas emissions permit shall be accompanied by a plan for the monitoring of emissions and the submission of reports on emissions.
The emissions trading authority shall take a decision on the temporary greenhouse gas emissions permit from the installation in 2013 by 30 June 2011 at the latest. A temporary greenhouse gas emission permit shall be issued to the installation trading scheme from 2013 to the installation where the emissions trading authority does not have time to take a decision on the installation's greenhouse gas emission permit at the latest 30 days June 2011.
A temporary greenhouse gas emission permit may be granted without the condition referred to in Article 10 (1) (1) and does not include the permit conditions mentioned in Article 11 (4) (1) and (2).
If the authorised operator is replaced by another operator, the new operator shall inform the ETS. The Emission Trading Authority shall, as a consequence of the notification, revise the greenhouse gas emissions permit or the temporary greenhouse gas emissions permit within 30 days after the notification and the necessary reports have been submitted to the Authority, or Of a later date agreed by the operators. I promise to make a significant contribution to the new operator. The new operator shall assume the obligations referred to in Article 7 and the fulfilment of the permit conditions referred to in Article 11 from the date of verification of the authorisation.
If only a part of the activities of an installation or of an installation or installations included in a greenhouse gas permit permit or a temporary greenhouse gas permit is transferred to a new operator, the granting and modification of the authorisation shall be , with the exception of the deadline for the application of Article 9 (2). The Emission Trading Authority shall, as a result of the notification, take a decision on the granting and amending of the authorisation within 30 days of the submission of the notification and the necessary studies and plans to the Authority, or the agreement of the operators From a later date.
The new operator shall be responsible for the obligations referred to in Article 7 and the fulfilment of the permit conditions referred to in Article 11 for the installation under control, from the date on which the greenhouse gas emission permit has been issued. Where an institution has a temporary greenhouse gas emission permit, the new operator shall be responsible for the obligations referred to in Article 7 (1) (1) and (4) to (6) for the installation under that control.
Following the liquidation of the operator of an institution, the estate of bankruptcy shall be responsible for the obligations referred to in Article 7 (2) and (5). In addition, the bankruptcy chamber shall submit to the Emission Trading Authority a separate account drawn up in accordance with Article 56 and verified as to the extent to which the emissions from the previous calendar year were incurred after the liquidation of the operator. In accordance with Article 7 (3) and Article 53, the bankruptcy chamber shall be obliged to return the verified emissions allowances corresponding to the verified emissions resulting from the liquidation of the operator.
The bankruptcy administrator shall report the operator's bankruptcy to the ETS within 30 days after the start of the bankruptcy. (17/04/2013)
The operator shall inform the Emission Trading Authority of the cessation of the operation of the installation, the lapsing of the environmental authorisation of the installation on the basis of Article 88 of the Environmental Protection Act or the withdrawal of the environmental authorisation On the basis of Article 93 of the Environmental Protection Act. The notification shall be made without delay, but at the latest by the end of the year in which the installation has been closed or the environmental permit has lapsed or withdrawn. (27.06.2014/533)
The emissions trading authority shall withdraw a greenhouse gas emission permit or a temporary greenhouse gas emission permit if:
(1) the environmental authorisation of an installation has lapsed on the basis of Article 88 of the Environmental Protection Act, or the environmental authorisation has been revoked on the basis of Article 93 of the Environmental Protection Act; (27.06.2014/533)
(2) the institution has ceased its activities within the meaning of Article 16a; or
(3) the authorisation holder declares that no action shall be taken.
The Emission Trading Authority may withdraw the greenhouse gas emissions permit if:
(1) the authorisation holder has substantially infringed its obligations for the annual return of allowances or for monitoring, reporting and verification of emissions, and in spite of the request of the ETS, the holder has failed to fulfil its obligations; or
(2) In spite of the invitation of the Emissions Trading Authority, the holder of the authorisation has not notified an extension, cessation or reduction of the installation or any other modification of the operation or of any changes in the monitoring of emissions that may: Require modification of the permit or revision of permit conditions.
The decision to withdraw the emission permit may be initiated by the operator or the ETS.
An institution shall be deemed to have ceased its activities if one of the following conditions is met:
(1) the installation of a greenhouse gas emissions permit or a temporary greenhouse gas permit has expired or cancelled;
(2) it is technically impossible to proceed with the operation;
(3) the installation is no longer operational and the reopening of the operation is not technically possible:
(4) the installation is no longer in operation and the operator cannot demonstrate that the institution will resume its operations within six months of the cessation of activities; the emissions trading authority may extend that period up to a maximum of 18 months if: The operator demonstrates that the reopening of the installation within six months is impossible due to exceptional and unforeseeable circumstances which the operator could not reasonably have Or be prepared.
Paragraph 1 (4) shall not apply to a facility which is held in a reserve or capacity, and not to a facility which operates on a seasonal basis, provided that the following conditions are met:
(1) the operator has a valid greenhouse gas emissions permit or a temporary greenhouse gas permit and other permits required for the operation of the installation;
(2) the reopening of the facility is technically possible without physical changes to the institution;
(3) the institution is regularly maintained.
The operator's obligation to provide information on the cessation of activities and the application of the Commission's terms of reference may be subject to more detailed provisions by the Government Decree.
The Emission Trading Authority shall not enter into an account in the registry referred to in Article 49 the annual emission allowances in accordance with the decision to issue allowances after the greenhouse gas emissions permit has been revoked. In addition, the Emission Trading Authority shall not enter into an account in the registry of an establishment that has ceased its activities in accordance with Article 16a of its activities, following an end to an annual quantity of allowances to be recorded in accordance with the decision to grant allowances.
The Commission shall decide and publish all installations covered by the ets in the European Union ( EU Emission Trading Market ) The total annual quantity of allowances in 2013 in accordance with Articles 9 and 9a of the ets Directive. The total amount of allowances will fall by 1.74 % annually after 2013, in accordance with Article 9 of the Emissions Trading Directive.
Allowances shall be allocated for the period from 2013 to 2020 in accordance with harmonised allocation methods throughout the European Union.
For installations covered by the law, allowances shall be allocated free of charge in accordance with the Commission's terms of reference as follows:
(1) electricity production and carbon capture installations, transport pipelines and storage facilities only from process gases;
(2) for the other activities in 2013, 80 % of the amount calculated in accordance with the Commission's terms of reference, and thereafter reducing by the same amount each year by 30 % free of charge in 2020;
(3) for sectors or sectors of the industry which the Commission has decided under Article 10a (13) of the ets Directive to be exposed to a significant risk of carbon leakage ( Carbon leakage industry ), the total amount calculated in accordance with the Commission's terms of reference. The Commission may increase the carbon leakage sectors or remove them from the list of carbon leakage sectors also during the 2013-2020 trading period.
Efficient cogeneration as defined in Directive 2004 /8/EC of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal market and amending Directive 92 /42/EEC For the production of heat or cooling, hereinafter referred to as Efficient cogeneration of the installation , and the number of allowances allocated free of charge to the new participant referred to in Article 27 shall be reduced annually by a linear reduction of 1.74 % in accordance with Article 9 of the ets Directive. The number of allowances allocated free of charge from other institutions shall be reduced, where appropriate, by multiplying the number of allowances under Article 10a (5) of the ets Directive for each year by a correction coefficient.
Those allowances which are not allocated free of charge in accordance with Article 10a of the Emissions Trading Directive and the Commission's terms of reference pursuant to it or which are not used for demonstration projects referred to in Article 10a (8) of that Directive To support, auction off.
The Commission shall adopt, pursuant to Article 10a (1) of the Emission Trading Directive, harmonised allocation keys for free allocation for the trading period 2013-2020. Where appropriate, the Council Regulation may provide for the implementation of the Commission's terms of reference.
The Commission shall adopt, to the extent possible, the benchmarks for each sector or part of the industry, providing incentives for greenhouse gas reduction and energy efficient technologies. In addition, the Commission will take into account the most effective techniques, substitutes, alternative production methods, efficient use of combined heat and power, efficient energy deployment of process gases, the use of biomass and carbon capture And storage where recovery and storage facilities are available. The reference values are accepted for products and not for inputs. The reference values shall be based on the average efficiency of the most efficient 10 % of installations in each sector or part of the industry in the European Union for the period 2007-2008.
For the purposes of calculating the annual allocation of allowances to the institution or part thereof, the reference value shall be multipled by the median or medium of the annual production volumes provided for in the Commission's terms of reference, or The standard of capacity utilisation and production capacity or any other annual production volume or use of the installation.
Installations or parts of installations not subject to the reference values adopted by the Commission shall be calculated free of charge on the basis of the other criteria laid down in the Commission's terms of reference.
For installations subject to the greenhouse gas emission permit referred to in Article 11 or the temporary greenhouse gas emission permit referred to in Article 13 of Article 13, no later than 30 June 2011 shall be calculated free of charge allowances under this Article 2 and 3 Of the Regulation.
For the purpose of calculating emission allowances, the institution and parts of its production shall, where appropriate, be divided into several parts, as required by the Commission's terms of reference. The installation's allowances shall be calculated for the installation and its production components separately and the total allowances of the installation shall be calculated as the sum of the calculated emission allowances.
The allowances corresponding to one year of the installation and its part shall be calculated in such a way that:
(1) the benchmark approved by the Commission shall be multipled by the Commission's terms of reference in the terms of Article 20 (3), the annual production volume or the annual production of part of the installation referred to in Article 20 (3), or the calculation of the allowances In accordance with the other criteria referred to in paragraph 4;
(2) in 2013, the number of allowances calculated in accordance with paragraph 1 shall be multipled by 0,8 and in subsequent years, the amount of the emission allowance shall be reduced by the same amount per year, so that the amount of allowances calculated in accordance with paragraph 1 is multipled; In the year 2020 0.3; however, the coefficient shall not apply to the installation or part thereof that falls within the carbon leakage sectors decided by the Commission in that year under Article 10a (13) of the Emission Trading Directive;
(3) the quantity of allowances obtained pursuant to paragraphs 1 and 2 shall be multipled, where appropriate, by the Commission pursuant to Article 10a (5) of the Emission Trading Directive for each year; By a correction factor ; the quantity of allowances allocated free of charge for the production of heat or cooling produced by an efficient cogeneration installation shall be reduced annually by a linear reduction of 1.74 % of the ets Directive And shall not be subject to a correction coefficient imposed by the Commission.
The operator shall apply for free allocation to the Ministry of Employment and the Economy with an application addressed to the Ministry of Employment and the Economy. Operators with a common emission permit or who have applied for an emission permit in accordance with Article 11 (2) shall apply for allowances together.
The application shall indicate, for the allocation of free allocation, the information necessary for the allocation of the installation, its activities, the sources and emissions of greenhouse gases, the products and quantities produced by the installation and the other The information required in the terms of the terms of reference. The information shall be transmitted to the extent and format required by the Commission's terms of reference and shall be independently verified as required by the Commission's terms of reference. More detailed provisions concerning the content and verification of the information to be provided and the submission of such information shall be laid down by the Regulation of the Ministry of Employment and the Economy.
The application shall be submitted for the period from 2013 to 2020 not later than three months after the entry into force of this Act. This period may be extended by means of a regulation by the Ministry of Employment and the Economy if the Commission's guidelines and electronic tables which are prepared for the implementation of the Commission's counter-allocation act have not been adopted after the entry into force of this Act.
The Ministry of Employment and the Economy prepares provisional allowances for operators in accordance with the criteria set out in Article 21 for the period 2013 to 2020, on the basis of the data reported by the operators. Under Article 10a (5) of the Emission Trading Directive, a correction coefficient determined by the Commission for each year shall not be applied to the provisional allowances.
For the purpose of calculating the correction coefficient imposed by the Commission for each year, the Ministry shall also calculate plant-specific imputed emission allowances not subject to the coefficient of Article 21 (3) (2).
The Ministry of Employment and the Economy shall take a decision on the provisional amount of allowances and the imputed amount of allowances to be notified to the Commission. Where appropriate, the calculations per year shall take the form required by the Commission. The number of specific preliminary emissions rights shall be reflected in the basis for calculation of the allocation keys and the data used for the data used in the calculation.
The Ministry of Employment and the Economy shall inform the operator concerned of the decision on the provisional emission rights of the installation.
By 30 September 2011, the Ministry of Employment and the Economy shall publish, and submit to the Commission, a list of the installations covered by this Law and of the preliminary draft On the amount of allowances and the calculated emission allowances.
On the basis of the national implementation measures provided by the Member States of the European Union, the Commission shall, where appropriate, fix a correction coefficient for each year under Article 10a (5) of the ets Directive.
The Ministry of Employment and the Economy shall decide on the amount of allowances allocated free of charge to each installation for the period from 2013 to 2020, after the Commission has defined the ets pursuant to Article 10a (5) of the Emission Trading Directive for each year Correction coefficient. In order to be granted, the Commission has not rejected the listing of the institution in the list referred to in Article 24 (1).
The decision to grant emission allowances shall indicate:
(1) the number of allowances to be allocated free of charge to the installation for each year;
(2) the basis for the calculation of the allocation keys and the data used for the calculation;
(3) where appropriate, reasons other than those referred to in paragraph 2.
The Ministry of Employment and the Economy shall amend the number of allowances in accordance with the decision to issue allowances after the adoption of the decision, if the products to be produced in the installation or parts of it are added to Article 10a (13) of the ets Directive , the Commission has decided to delete the sector in the coal and carbon leakage sectors by decision of the Commission on carbon leakage. In addition, the Ministry shall amend the number of allowances if the amendments to the Emissions Trading Directive or the Commission's terms of reference so require. The amount of allowances to be allocated shall be adjusted for the years to which the changes decided by the Commission relate to the carbon leakage sectors or to the Commission's terms of reference or to the Directive.
The decision granting the allowances shall be notified to the operator and shall be submitted to the Emission Trading Authority.
The Ministry of Employment and the Economy publishes electronically the list of installations for which allowances have been allocated free of charge, as well as for each installation free of charge.
For the whole of the European Union, as referred to in Article 10a (7) of the Emissions Trading Directive, allowances shall be allocated free of charge for the 2013-2020 trading period, free of charge, in accordance with the Commission's terms of reference:
(1) an installation covered by the law which has been granted the greenhouse gas emission permit referred to in Article 11 or the temporary greenhouse gas emissions permit referred to in Article 13, after 30 June 2011; and
(2) a significant extension of the institution defined in the Commission's terms of reference.
The allocation of allowances to new entrants will be allocated over the period from 2013 to 2020 in accordance with the Commission's terms of reference. The State Council Regulation provides for the implementation of the Commission's terms of reference.
For the purpose of calculating emission allowances, the institution and the parts of its production or the extension of the installation shall be divided into several parts, as required by the Commission's terms of reference. A significant extension of the installation or installation shall be calculated for the installation and its components separately and the total allowances for the new participant shall be calculated as the sum of the calculated emission allowances.
The allowances corresponding to one year of an institution or part thereof or an extension of an installation shall be calculated in such a way that:
(1) the reference value approved by the Commission shall be multipproved by the standard capacity utilisation rate and production capacity, or by any other installation or part of the annual production of the installation or part thereof, or by the calculation of allowances in Article 20 (4); , in accordance with the other allocation keys;
(2) in 2013, the number of allowances calculated in accordance with paragraph 1 shall be multipled by 0,8 and in subsequent years, by a degressive number each year, multipled by a figure of 0,3 in 2020, calculated in accordance with paragraph 1; The coefficient shall, however, not apply to the installation or part of the installation which falls within the carbon leakage sectors decided by the Commission in that year under Article 10a (13) of the Emission Trading Directive;
(3) the quantity of allowances received under paragraphs 1 and 2, or part thereof, shall be reduced annually by a linear reduction of 1.74 % in accordance with Article 9 of the ets Directive.
In the event of an end to the number of allowances allocated to new entrants, the amount of allowances to be calculated under paragraph 2 shall be reduced or the allowances shall not be allocated as laid down in the Commission's pro-proposal.
The operator shall apply for free allocation to the new participant by means of an application addressed to the Ministry of Employment and the Economy. Operators with a common emission permit or, in accordance with Article 11 (2), have applied for a single permit to apply for emission allowances together. The date of submission of the application and the other procedures relating to the application for allowances are laid down by a Council Regulation.
The application shall indicate, for the allocation of free allocation, the information necessary for the allocation of the installation or its extension, the date of introduction of the installation or its extension, the products produced by the institution and the other And other information required by the Commission's terms of reference. The information shall be provided in the manner required by the Commission's terms of law. More detailed provisions on the content and verification of the information to be provided will be laid down by the Regulation of the Ministry of Employment and the Economy.
The Ministry of Employment and the Economy prepares the indicative amount of allowances to be allocated free of charge to the new participant in accordance with the criteria set out in Article 28 of the 2013-2020 emissions trading period, on the basis of the information provided by the operator.
The Ministry of Employment and the Economy takes a decision on the preliminary amount of emissions. Where appropriate, the calculation per year shall take the form required by the Commission. The amount of the specific preliminary amount of emissions shall be reflected in the basis for the calculation of the allocation keys and the data used for the calculation of the emission allowance.
The Ministry of Employment and the Economy shall inform the operator concerned of the decision of the institution's provisional amount of allowances and shall forward the decision to the Commission.
The Ministry of Employment and the Economy shall decide on the number of allowances free of charge to the new participant for the period from 2013 to 2020 after the Commission has established that allowances may be allocated to that new Participant. The decision to grant emission allowances shall indicate:
(1) the quantity of allowances to be allocated free of charge to the new participant for each year;
(2) the basis for the calculation of the allocation keys and the data used for the calculation;
(3) where appropriate, reasons other than those referred to in paragraph 2.
The granting of allowances is conditional on the installation of a greenhouse gas emission permit, or the modification of the permit has been amended or revised.
The Ministry of Employment and the Economy shall amend the number of allowances in accordance with the decision to issue allowances after the adoption of the decision, if the products to be produced in the installation or parts of it are added to Article 10a (13) of the ets Directive , the Commission has decided to delete the sector in the coal and carbon leakage sectors by decision of the Commission on carbon leakage. In addition, the Ministry shall amend the number of allowances if the amendments to the Emissions Trading Directive or the Commission's terms of reference so require. The amount of allowances to be allocated shall be adjusted for the years to which the changes decided by the Commission relate to the carbon leakage sectors or to the Commission's terms of reference or to the Directive.
The decision to grant allowances shall be notified to the operator and shall be submitted to the Emission Trading Authority.
The Ministry of Employment and the Economy shall publish electronically the information on the installation or extension of the installation and the amount of allowances allocated free of charge to the new entrants to the installation concerned.
Pursuant to Article 10a (1) and (20) of the Emission Trading Directive, the Commission shall define a reduction in the number of allowances and a significant reduction in the capacity of the installation. The number of allowances allocated to the installation for the period from 2013 to 2020 free of charge shall be reduced as a result of the partial closure of the installation or the reduction of the capacity of the installation as laid down in the Commission's pro - The operator shall inform the Ministry of Employment and the Ministry of Employment of the partial cessation of the activities of the institution and the significant reduction in the capacity of the institution.
The Government Decree provides for the implementation of the Commission's terms of reference and for the content and timing of the information to be provided to the Ministry.
The Ministry of Employment and the Economy shall decide to reduce the amount of allowances issued free of charge by the institution as a result of the partial cessation of activities of the institution referred to in Article 33 or the reduction of capacity. The decision shall include the following:
(1) the reduction of the quantity of allowances allocated to each year for each year, and the amount of allowances to be allocated to each year after the change;
(2) the calculations referred to in Article 33 and the data used in the calculation of the reduction in the number of allowances are based on the data used;
(3) where appropriate, reasons other than those referred to in paragraph 2.
The decision to reduce the number of allowances shall be notified to the operator and shall be submitted to the Emission Trading Authority and the Commission.
The Ministry of Employment and the Economy shall publish, by electronic means, information on the reduction in the number of allowances of the institution and the installation for each year, free of charge, after the change.
Finland's share of the auctioned allowances for the 2013-2020 trading period shall be auctioned through the auction platform chosen jointly by the Commission and the Member States of the European Union. The Commission shall calculate the volume of allowances to be auctioned by Finland in accordance with Article 10 (2) of the Emission Trading Directive.
The auction shall be conducted in a transparent, harmonised, cost-efficient, non-discriminatory and predictable manner, with uniform conditions for all operators to participate in the auction. The language used in the auction is English. The auction may be carried out using electronic systems.
In addition to what is laid down in this Act for the execution of auctions and the rules to be followed in auctions and participating in such auctions, the timing, administration and other of the auctioning of greenhouse gas emission allowances shall be respected. Aspects of the Commission Regulation adopted pursuant to Article 10 of the ets Directive (hereinafter referred to as ' the The auction Regulation . The Council Regulation may, if necessary, provide for the implementation of the Auctioning Regulation.
In Finland, the National Energy Agency is responsible for the provision of national information on the organisation of auctions and the provision of auctions in Finland. (17/04/2013)
The auctioneer decides the Council of State. The Ministry of Employment and the Economy shall inform the Commission of the name and contact details of the selected auctioneer.
The auctioneer shall auction the allowances to be auctioned in accordance with Article 36 (1) on behalf of Finland in accordance with the Auction Regulation. The auction platform is responsible for organising the auction.
The auctioneer receives an auction income belonging to Finland and revenue from that revenue to the State.
The auction monitor shall be appointed for a period not exceeding five years on the basis of a joint procurement procedure between the Commission and all the Member States of the European Union. The successor to the auction monitor shall be appointed at least three months before the end or termination of the term of office of the auction monitor.
The auction monitor shall be responsible for monitoring all auctions in accordance with the Commission's auctions Regulation. The duties of the auction monitor shall be further specified in the auction Regulation.
Only a natural or legal person who is eligible for tenders under the Commission's Auctioning Regulation and has been authorised to bid under that Regulation may itself make direct offers in the auction.
The following natural and legal persons may apply for an authorisation to make direct offers in the auction:
(1) operator or aircraft operator holding an operator holding account and making an offer for its own account, including parent undertakings, subsidiaries or affiliated undertakings forming part of the same group of undertakings as: Operator or aircraft operator;
(2) investment firms with markets in financial instruments and amending Council Directives 85 /611/EEC and 93 /6/EEC and Directive 2000 /12/EC of the European Parliament and of the Council and repealing Council Directive 93 /22/EEC Authorisation in accordance with Directive 2004 /39/EC of the European Parliament and of the Council, making tenders for their own account or on behalf of their customers;
(3) credit institutions authorised in accordance with Directive 2006 /48/EC of the European Parliament and of the Council relating to the taking up and pursuit of the business of credit institutions and who submit bids on their own account or on behalf of their customers;
(4) a business conglomerate, consisting of persons listed in paragraph 1, acting as an intermediary on behalf of its members;
(5) public legal entities or State undertakings controlling the legal persons referred to in paragraph 1.
If the legal persons referred to in paragraph 2 (2) and (3) make an offer on behalf of their client, they shall ensure that these customers are entitled to apply for direct offers. The same applies to all other customers implicitly bidding below the tender chain.
The following natural or legal persons may not submit direct or indirect tenders in the auctions:
(1) auctioneers;
(2) auction platforms and associated clearing and settlement systems;
(3) persons who may, either directly or indirectly, have a significant influence on the management of the legal persons referred to in paragraphs 1 or 2;
(4) persons working under the authority referred to in paragraphs 1 or 2.
In addition, an auction monitor or persons who may have a direct or indirect influence on the management of the auction monitor, as well as persons working for the auction monitor in the course of auctions, Are neither directly nor indirectly involved in the auctions.
The conditions for authorisation, the submission of an application for authorisation and its handling, the rejection, the abrogation and suspension of the authorisation, and the monitoring of the auction platform between the auction platform and the tenderers shall be more detailed in The auction Regulation.
Emission Trading Act (683/2004) The operator of an installation that has been consulted for the 2008-2012 trading period may use project units up to the maximum quantity laid down in the 2008-2012 allocation decision for the period from 2013 to 2020, in so far as: The maximum use of project units has not been used to fulfil the obligation laid down in Article 53 of this Act for the period 2008-2012.
Emission Trading Act (683/2004) The operator of an installation in the 2008-2012 trading period may use the project units in excess of the ceiling referred to in paragraph 1 and the operator of any other institution covered by this law may use: Project units for the period from 2013 to 2020 as provided for in the Commission Regulation adopted pursuant to Article 11a of the ets Directive.
The Emission Trading Authority shall calculate the use of the facility's project units in accordance with the Commission Regulation referred to in Article 2 (2) and submit institutional ceilings for inspection by the Commission.
The operator shall not use the project units which originate from:
(1) activities relating to land use, land use change or forestry;
2) nuclear projects;
(3) activities that dissolve trifluoromethane (HFC-23); or
4) activities that dissolve the nitrous oxide (N2O) caused by adipic acid production.
The implementation of the other restrictions provided for by the Commission Regulation adopted pursuant to Article 11a of the Emission Trading Directive shall be laid down, where appropriate, by a Council Regulation.
The operator may use the project units received from project activities to fulfil its obligations under Article 53 (1) for projects to which it participates, or other project units acquired by other means.
The reduction or limitation of emissions from an installation falling within the scope of this Act shall not be eligible for emission reduction units.
The operator may request the Emission Trading Authority to exchange allowances in force from 2013 onwards in exchange for the number of project units issued by the end of 2012 for emission reductions For project activities which are not activities within the meaning of Article 41. The operator may request the exchange referred to above in so far as it has not used the maximum use of project units under Article 40. The Emission Trading Authority shall exchange until 31 March 2015.
The operator may exchange, from 2013 onwards, project units corresponding to emission reductions in force from 2013 onwards, from projects registered before 2013 for project activities which do not: The activities referred to in Article 41. The operator may make such an exchange in so far as it has not used the maximum use of project units under Article 40.
The operator may exchange certified emission reductions from 2013 from 2013 onwards for emission reductions in force from 2013 onwards in the least-developed countries. For project activities which are not activities within the meaning of Article 41. The operator may make such an exchange in so far as it has not used the maximum use of project units under Article 40.
The procedure for the exchange of project units is laid down, where appropriate, by a State Council Regulation.
The operator has a duty to ensure that the project units exchanged pursuant to Article 44 are not derived from the activities referred to in Article 41. At the request of the ETS, the operator shall provide an explanation of the origin of the project units. The Emission Trading Authority may prohibit the exchange of project units until it has received a report on the origin of the project units.
The Emission Trading Authority shall act as the controller for the national activities of the European Union Registry as referred to in Article 19 of the ets Directive, in order to ensure that the annual recording of emission allowances, Holding, transfer and nullification is considered to be accurate accounting. The Emission Trading Authority may issue a register of tasks related to the maintenance of national activities.
The register shall also act as a national register of emission units under the Kyoto Protocol, unless otherwise provided for in the Commission's Register Regulation. The Emission Trading Authority shall be the responsible registrant of the registry under the Kyoto Protocol.
The establishment and maintenance of the register and the activities of the Register shall be governed by the Commission's Register of Registry. In the field of crime prevention and the prevention of money laundering and terrorist financing, the register shall be subject to the Commission's Register Regulation and the acts referred to therein. (17/04/2013)
The national activities of the register shall be linked to the system of registries maintained by the Commission, which shall carry out automatic checks for each registry system to ensure that the annual recognition of allowances is carried out, Shall be carried out in accordance with the provisions.
The register system shall consist of electronic databases which, through common data, monitor the annual registration, possession, transfer and cancellation of emission allowances and ensure that transfers are not from the Kyoto Protocol; In breach of the obligations arising.
The annual registration of allowances and the recording of the holding, transfer and cancellation of allowances and project units in the register and for public access to the information and information contained in the register shall be governed by: The Commission's Registration Regulation. The Regulation of the Council of State may, if necessary, provide for the implementation of the Commission Registry Regulation.
Emission allowances may be held by a natural or legal person. The registry shall record in separate accounts the allowances of each person whose account is to be credited or transferred to the account.
Emission allowances may be transferred between persons within the European Union. Emission allowances may be transferred between persons in the European Union and persons in third countries, if the emission rights under the ets are recognised in Article 25 of the Emission Trading Directive , in accordance with the procedure.
Each year, the Emission Trading Authority shall record the number of allowances in accordance with the emission allowance allocation decision by 28 February in the account of that installation in the registry of the holder of the permit.
The recording of allowances shall be subject to a valid greenhouse gas emission permit for the installation.
Emission allowances shall not be recorded in the account of an establishment that has ceased operations in accordance with Article 16a. (17/04/2013)
Each year, the Emission Trading Authority shall record the number of allowances in the new participant's registry in accordance with the allocation decision by 28 February. The recording of allowances shall be conditional on the installation of a greenhouse gas emission permit or authorisation as modified by the installation.
Where the quantity of allowances to be allocated free of charge shall be reduced as a result of a change referred to in Article 33, and a decision on the reduced number of allowances pursuant to Article 34 shall not be possible by 28 February, Notwithstanding Articles 50 and 51, the emissions trading authority shall, without prejudice to the installation of free allocation to the operator's account in the year in question, as soon as possible after the decision on the reduced number of allowances has been adopted.
The operator whose registry shall account for more than the allowances entered in the account in accordance with Articles 50, 51 and 51a, in accordance with the Commission's terms of reference, shall refund the amount corresponding to the quantity of excess allowances allocated Allowances. The excess emission allowance may also be made available to the operator free of charge, provided that it is permitted under the Commission's Registry Regulation. The procedure and time limits for the recovery of allowances can be laid down in more detail by a decree of the Government.
In the event of a change in the operator of an installation in accordance with the decision referred to in Articles 25 or 31, the annual accounts to be recorded in accordance with the decision referred to in Article 25 or Article 31 shall be recorded in the account of the installation in the registry of the new operator, starting with the greenhouse gas emission permit A new operator has been identified in accordance with Article 14 (1).
All allowances to be recognised each year in accordance with the decision referred to in Article 25 or Article 31 shall be recorded in an installation's account in the previous operator's registry, if the same greenhouse gas emission permit belongs to an installation or Only a part of the activities of the institutions is transferred to the new operator. However, a new and earlier operator may agree that part of the allowances will be credited to the account of the new operator after the new operator has been granted the Greenhouse gas emissions permit. A written agreement on this shall be submitted to the Emission Trading Authority.
By 30 April each year, the operator shall return to the register referred to in Article 46, the amount of allowances corresponding to the emissions recorded in the previous calendar year and verified in accordance with Chapter 10. The allowances to be returned shall not be allowances allocated for the aviation emissions trading scheme. The time limit for calculating the prescribed timelimit is not applicable (150/1930) Provisions.
The operator may fulfil its obligations under paragraph 1 by returning the allowances issued or auctioned by the competent authority of Finland or any other Member State of the European Economic Area, or in third countries , where the emission rights of third countries are recognised in accordance with Article 25 of the ets Directive.
The operator may fulfil the obligations laid down in paragraph 1, up to the limit laid down in Article 40, using the project units as provided for in Article 44.
The obligation to return emission allowances does not consist of emissions that have been verified for recovery and transport to a permanent storage facility with a valid authorisation for a Directive on the geological storage of carbon dioxide In accordance with
The allowances granted on 1 January 2013 and thereafter shall be valid for emissions from 1 January 2013 for an eight-year period.
The Emission Trading Authority shall invalidate the allowances surrendered in accordance with Article 53 (1) after the return.
Any natural or legal person in the account held in the registry may request in writing the ets to invalidate them. The emissions trading authority shall cancel the allowances without delay.
The emissions trading authority shall, four months after the end of each trading period, cancel the allowances allocated and recorded for that trading period, which have not been cancelled in accordance with paragraphs 1 or 2.
The emissions trading authority shall record emission allowances to the relevant account in the registry for the 2013-2020 trading period and for subsequent trading periods to replace the emission rights for the previous emissions trading period, which: Has been annulled in accordance with Article 54 (3).
The operator shall carry out a comprehensive, consistent, reliable and accurate monitoring of the emissions of its installation, and shall draw up a report on each calendar year for each calendar year under this Act and its provisions, emissions from the Commission The monitoring regulation and the conditions set out in the greenhouse gas emissions permit.
The operator shall ensure that the emissions report is verified and that a report on emissions from each calendar year and the verification report for each calendar year containing the verifier's opinion shall be transmitted to the Emission Trading Authority By 31 March of the year following the calendar year.
The operator shall provide the verifier with access to all premises controlled by the verifier, not covered by domestic peace, and shall provide the verifier with all verification Necessary information.
If the operator reports in an emissions report in its installation as a zero emission factor for bioliquids used for the production of energy, bioliquids shall comply with the Biofuels and Bio (393/2013) And the operator shall demonstrate this in accordance with that law. Bionesthetic means bioliquid referred to in that law.
The operator shall use the verifier of the emission reports approved in Finland under this Act.
The verification shall be the coverage, reliability, credibility and accuracy of the institution's monitoring systems, the data produced by the monitoring systems and the reported emission levels.
The verifier shall perform his duties in a professional manner with a view to achieving good practice and taking into account the provisions, guidelines and recommendations adopted pursuant to this Act and of the Commission Regulation adopted pursuant to Article 15 of the ets Directive, hereinafter referred to as: Commission regulation on the verification of emissions .
The verifier shall monitor developments in emissions trading regulations, standards and practices.
The verifier may be assisted by external persons in the verification mission. The verifier shall also be responsible for the activities of the persons he uses.
The exercise of public administrative functions of the verifier shall be governed by the law of the authorities (18/09/1999) , by law in the field of electronic business (2003) , administrative law (2003) And languages (2003) .
The verifier shall draw up a verification report on the emissions report containing the verifier's opinion. The verifier's opinion shall state whether the emission report is satisfactory. The verification report and the opinion shall be made clear from the point of view of verification, in accordance with the requirements of the Commission's verification regulation. The emissions report may be considered satisfactory if it has been drawn up in accordance with Article 56 (1) and the verifier can conclude that the emissions have been monitored in accordance with the approved monitoring plan, all emission sources, and the emission report does not: Essential misinterpretations.
The Emission Trading Authority shall assess the impact of an incorrect or incomplete monitoring or verification on the total emissions of the installation in the case of monitoring of the installation's emissions, the preparation and delivery of the emissions report or the emission report The verification of compliance with the requirements laid down in Article 56. The assessment shall be made in tonnes of CO2 equivalent and shall be justified.
The Emission Trading Authority shall approve the verifier referred to in Article 57.
Approval of the verifier shall be conditional on:
1) the verifier is functionally and financially independent;
(2) the verifier has sufficient skilled and impartial staff at its disposal;
(3) the verifier is in a position to apply the procedures, regulations, standards and guidelines for monitoring and verification of emissions;
(4) the verifier is familiar with the emission sources of activities in the area of competence, the methods for determining emissions and the determination of the data required to determine emissions, as well as the determination and reporting requirements of the total emissions;
(5) the verifier has the equipment, equipment and systems required for operation;
(6) in the light of the nature and extent of the activity, the verifier shall have sufficient financial resources to provide for appropriate action and to cover any liability; and
(7) the verifier is a legal person registered in Finland or part of such a legal person.
The verifier may also apply for approval for the verification of the information referred to in Article 29 (2) and Article 33 for the allocation of allowances to be allocated free of charge. The approval shall, in addition to the provisions laid down in paragraph 2 of this Article, be subject to the approval of the verifier in the operation of the Commission's free allocation and free allocation of allowances under this Act and the provisions adopted pursuant thereto.
The conditions for authorisation laid down in paragraphs 1 to 5 of paragraph 2 shall be further laid down in the Commission's verification regulation. The applicant for recognition shall demonstrate compliance with the Regulation of the European Parliament and of the Council laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (EC) No 765/2008, below Accreditation regulation; , the assessment of the nominated external accreditation body shall fulfil the conditions laid down in paragraph 2.
The approval decision shall specify the area of competence of the verifier and, where appropriate, set non-discriminatory conditions for other activities to ensure the proper performance of the tasks.
The Emission Trading Authority shall adopt a verifier accredited or certified in another Member State of the European Economic Area, if:
(1) the verifier is accredited in another country in the European Economic Area to carry out the verification under the Emissions Trading Directive;
(2) activities are carried out in Community form; and
(3) the verifier has accredited an external accreditation body designated in accordance with the accreditation regulation; or
(4) the natural person has certified as certifying the national authority of the rest of the European Economic Area as referred to in Article 54 (2) of the Commission's verification Regulation.
The approval decision shall specify the area of competence of the verifier and, where appropriate, set non-discriminatory conditions for other activities to ensure the proper performance of the tasks.
The verifier shall notify the Emission Trading Authority of any change in its activities which may have an impact on the conditions of approval of the verifier.
Where the verifier does not comply with the requirements laid down in Articles 61 or 62, or works substantially in breach of the terms of this Act or of the provisions adopted or adopted pursuant to it, the emissions trading authority shall invite the verifier to adjust Within the time limit set by it. The Emission Trading Authority may revoke the approval if the verifier has not carried out its activities within the time limit set in accordance with this law and the provisions adopted pursuant thereto and the permit conditions.
The monitoring of emissions and the emissions report shall be subject to the Commission Regulation on the monitoring of emissions and the approval and certification of verifiers in the Commission Regulation on the verification of emissions.
The Regulation of the Ministry of Employment and the Economy may, if necessary, give more detailed provisions on the implementation of the Commission regulations referred to in paragraph 1 and the monitoring of emissions, the report on emissions, the opinion of the verifier, the verifier The authorisation procedure, the conditions of approval and the performance of the verification tasks.
The Ministry of Employment and the Economy is responsible for general guidance and monitoring of the implementation of the law.
The Emission Trading Authority shall be responsible for monitoring compliance with this law and the provisions adopted thereunder.
The Emission Trading Authority shall have the right to control and enforce this law without prejudice to the obligation of professional secrecy laid down in law, without prejudice to the necessary information on the environmental information system, operators and verifiers. (27.06.2014/533)
The Ministry of Employment and the Economy shall be entitled, notwithstanding the obligation of professional secrecy laid down by law, to obtain the information necessary for the implementation and monitoring of this law from the Emission Trading Authority, the environmental protection information system and From operators. (27.06.2014/533)
The Emission Trading Authority shall have the right to check compliance with this law and the provisions adopted pursuant to it, on premises controlled by the operator not covered by domestic peace. Where required, the operator shall, for the purpose of carrying out an inspection, submit to the reporting authority the documents and records contained in its information system and shall provide access to equipment and equipment which may be relevant to: Under the supervision of this law or of the provisions adopted pursuant to it. The official of the inspecting officer shall be entitled to receive, free of charge, copies of the documents to be checked and the records of the recordings in the information systems.
In addition to what the law on public authorities' activities (18/09/1999) , the ETS shall have the right to disclose without prejudice to confidentiality rules:
(1) Financial supervision for the performance of the tasks referred to in the Auctioning Regulation and for the supervision of the derivatives market for allowances;
(2) the Central Criminal Police and the financial intelligence unit for the performance of their tasks;
(3) the Statistical Centre and the Finnish Environment Agency for the performance of their tasks; and
4) to the tax authorities for the performance of their duties.
The Emission Trading Authority shall order the operator to pay the excess payment of the allowances to the State if the operator fails to return by 30 April a quantity of allowances corresponding to its emissions in the previous calendar year.
The overpayment shall be EUR 100 per tonne of CO2 equivalent for which no allowances have been surrendered. The excess fee for allowances issued on or after 1 January 2013 shall be increased in accordance with the change in the European Index of Consumer Prices.
The Emission Trading Authority may issue a decision on the imposition of the overcharge for the time being, if the operator has applied for an adjustment to the verifier's opinion or the decision of the verifier to issue an appeal is pending. The overpayment shall be made after the amount of the operator's return obligation has been legally resolved.
The overpayment is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) . The implementation of the above fee shall be carried out by the Legal Register Centre.
A decree of the Council of State may provide for more detailed information on the notification requirement between the authorities concerning the overpayment, the repayment of the overpayment and the other necessary conditions for the implementation of the payment.
The operator shall reimburse the amount of allowances corresponding to the surrendered allowances referred to in Article 68 (1) and (2). The refund shall be made no later than the following year when the allowances are returned. The repayment and cancellation of allowances shall comply with the provisions of Articles 53 and 54.
The Emission Trading Authority shall publish annually information on operators who have not surrendered allowances in accordance with Article 53 (1).
The Emission Trading Authority shall set out the allowances held in the account of the operator's installation if the operator or the bankruptcy is not returned by 30 April of the previous calendar year and the previous Emission allowances corresponding to the emissions of the calendar years, to the extent that allowances are not returned for those calendar years. An amount equal to the amount of allowances corresponding to the emissions incurred after the start of the bankruptcy shall be offset by the institution's account.
The Emission Trading Authority may refrain from offsetting the allowances recorded in the institution's account during the calendar year in the event of the bankruptcy of the institution.
The Emission Trading Authority shall prohibit the operator from surrender allowances if the operator has failed to submit a satisfactory verified report on emissions from the previous year before 31 March. The ban is institutionalized. The ban shall remain in force until the report verified in accordance with Article 59 has been submitted to the Emission Trading Authority.
Where the operator is declared bankrupt, allowances shall not be released from the account of the institution that has been declared bankrupt before the bankruptcy or the new operator of the institution has declared bankruptcy Emissions from the prior and bankruptcy period corresponding to the non-return allowances.
The Emission Trading Authority may, upon application of the bankruptcy proceedings, apply a transfer restriction under paragraph 2 to cover only allowances not returned in respect of previous calendar years and verified emissions during the calendar year; and Emission allowances corresponding to the emissions from the emissions trading authority estimated during the calendar year.
The Emission Trading Authority may also impose a ban on the surrender of allowances in order to safeguard the recovery of allowances referred to in Article 51b. The prohibition on the supply of allowances provided for in order to secure recovery may concern all or part of the allowances held in the operator holding account. (17/04/2013)
The Emission Trading Authority may impose a breach of this law or of the provisions adopted pursuant to it, to rectify or otherwise fulfil its obligations. An obligation other than the reintroduction of allowances may be subject to a periodic penalty payment or a threat of suspension or failure to act at the expense of an omission.
The penalty payment, the suspension threat and the threat to be made shall be laid down in the (1113/1990) .
Every deliberate or gross negligence
(1) fails to apply for a greenhouse gas emissions permit or a temporary greenhouse gas emissions permit referred to in Article 8;
(2) fails to provide information pursuant to Article 12 (1) or Article 14 or Article 16, or to notify false information;
(3) provide false information for the allocation and award decision free of charge,
(4) fails to provide the information referred to in Article 33 or the Regulation adopted pursuant to it, or to provide false information on the partial closure or reduction of the activity of the installation for the purpose of reducing the number of allowances;
(5) fails to submit to the Emission Trading Authority a report on the origin of the project units, in accordance with Article 45;
(6) fails to carry out a report in accordance with Articles 15 or 56 and submits the opinion of the verifier in accordance with the above paragraphs or to report false information; or
(7) fails to present the documents and records referred to in Article 67 (3);
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the emission trading offence Fine.
Anyone who breaches a penalty or order under the penalty imposed by this law may not be punished for the same offence.
The Emission Trading Authority shall have the right to charge a fee for the handling of an authorisation, notification, approval and other case. The Emission Trading Authority shall also be entitled to charge a fee for the maintenance of the accounts of the register referred to in Article 46.
The fees and charges payable by the Emission Trading Authority shall be governed by the State payment law (150/1992) .
The decision to appeal to the decision of the Emission Trading Authority under this Act may appeal to the administrative court, as in the case of administrative law (18/06/1996) Provides.
In the case referred to in Articles 16, 64, 68 and 70 to 72 of the Administrative Court, an appeal may be lodged by way of appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
In spite of the appeal, the decision to withdraw the authorisation granted by the Emission Trading Authority pursuant to Article 16 (2) and (3) shall be complied with in respect of the prohibition of registration of allowances referred to in Article 17, unless otherwise specified by the appeal authority.
The prohibition on the release of allowances issued by the Emission Trading Authority pursuant to Article 71 shall, in spite of an appeal, be complied with, unless otherwise specified by the appeal authority.
An appeal shall be made for the payment of a payment by the Emission Trading Authority, as provided for in the State contribution law.
L to 10/2015 Article 75 shall enter into force on 1 January 2016. The previous wording reads:
The decision to make an appeal under this law by the Emission Trading Authority under this Act shall be as follows: (18/06/1996) Provides.
The decision to withdraw the authorisation granted by the Emission Trading Authority pursuant to Article 16 (2) and (4) shall, in spite of the appeal, comply with the prohibition of the registration of allowances referred to in Article 17, unless the appeal authority decides otherwise.
The prohibition on the supply of allowances pursuant to Article 71 of the Emission Trading Authority shall, in spite of an appeal, be complied with, unless the appeal authority decides otherwise.
An appeal shall be made for the payment of a fee to be imposed by the Emission Trading Authority, as provided for by the State payment law.
The opinion of the verifier shall be subject to an adjustment as provided for in the Administrative Act.
The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 10/2015 Article 76 shall enter into force on 1 January 2016. The previous wording reads:
The verifier's opinion shall be subject to an appeal from the verifier within 14 days from the receipt of the opinion. The statement of objections shall be attached to the opinion.
The decision of the verifier in the course of the correction procedure shall be appealed against by the administrative court as provided for in the administrative law.
An appeal against a decision under this law by the Ministry of Employment and the Economy shall be appealed to the Supreme Administrative Court as provided for in the Administrative Law.
The Supreme Administrative Court must address the appeal as a matter of urgency.
In spite of appeals, the decision of the Ministry of Employment and the Economy must be respected. The implementation of the Decision shall not apply to the exercise of the powers conferred on the Court of Appeal under the administrative law of the Court of Appeal to suspend or prohibit implementation or otherwise provide for implementation.
This Act shall enter into force on 1 May 2011.
Chapter 1, Articles 8 to 12, 14 to 17 and 33 to 35 and Articles 7 and 9 to 12 shall enter into force on 1 January 2013.
Chapter 8 shall enter into force on 1 January 2012.
This law will repeal the Emission Act (683/2004) .
However, Articles 1, 8 to 11, 61, 62 and 65, 73 (1) (1) and (3) and 74, 75 (1) and (4) and 77 of the Law on greenhouse gas emissions for the period from 2013 to 2020 shall apply, The approval of verifiers for the period from 2013 to 2020 and the allocation and allocation of allowances for the 2013-2020 emissions trading period.
Otherwise, the reference to the code of emissions shall mean a reference to this law after the entry into force of this law.
The rights and obligations of operators, verifiers and public authorities of installations in the 2005-2007 and 2008-2012 period shall be subject to the applicable control, sanctions, appeal and enforcement of decisions. Emissions trading platform (683/2004) .
The operator whose institution enters the emission allowance trading scheme from 2013 onwards shall apply for a greenhouse gas emissions permit or a temporary greenhouse gas permit to the installation as provided for in Article 13. The obligations referred to in Article 7 (1) (2) and (3) shall apply to the operator of that installation from the beginning of 2013.
Emission Trading Act (683/2004) Regulation of the Ministry of Trade and Industry of the Ministry of Trade and Industry on the monitoring of CO2 emissions and emissions (2047/2007) And the Decree of the Ministry of Trade and Industry of the Ministry of Trade and Industry of 2008-2012 on the procedure for the approval and certification of carbon dioxide verifiers (1808/2007) Shall remain in force until otherwise provided under this law.
Before the law enters into force, measures may be taken to implement the law.
THEY 315/2010 , TaVM 42/2010, EV 315/2010, Directive 2003 /87/EC of the European Parliament and of the Council, No L 275, 25.10.2003, p. 32, Directive 2009 /29/ec of the European Parliament and of the Council, No L 140 of 5.6.2009, p. 63This Act shall enter into force on 1 July 2013.
Before 1 January 2014, the operator may designate an installation within the scope of this law to comply with the sustainability criteria for bioliquids used for the production of energy in accordance with the provisions of the law on biofuels and bioliquids 12 Conditions equivalent to those referred to in § 2.
THEY 13/2013 , OJ 12/2013, YmVL 8/2013, TaVM 9/2013, EV 58/2013, Directive 2009 /28/EC of the European Parliament and of the Council
This Act shall enter into force on 22 January 2014.
THEY 169/2013 , TaVM 36/2013, EV 200/2013
This Act shall enter into force on 1 September 2014.
THEY 214/2013 , YmVM 3/2014, EV 67/2014
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
