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Law on trade in allowances for greenhouse gas emissions

Original Language Title: Gesetz über den Handel mit Berechtigungen zur Emission von Treibhausgasen

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Law on trade in allowances for greenhouse gas emissions (greenhouse gas emission trading law-TEHG)

Unofficial table of contents

TEHG

Date of completion: 21.07.2011

Full quote:

" Greenhouse Gas Emissions Trading Act of 21 July 2011 (BGBl. 1475), as last amended by Article 2 (45). Article 4 (28) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status: Last amended by Art. 2 (45) and Art. 4 (28) G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes
*)
This Act is designed to implement Directive 2003 /87/EC of the European Parliament and of the Council of 13 June 2003 on the implementation of the European Parliament October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 /61/EC (OJ L 327, 30.12.1996, p. 32), as last amended by Directive 2009 /29/EC (OJ L 284, 31.10.2009, p. 63), and Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 145, 30.6.2006, p. OJ L 376, 27.12.2006, p.36).

Footnote

(+ + + Text proof: 28.7.2011 + + +) 
(+ + + For application cf. § § 33, 34, 35 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 87/2003 (CELEX Nr: 32003L0087)
ERL 123/2006 (CELEX Nr: 32006L0123) + + +)

The G was decided by the Bundestag as Art. 1 of the G v. 21.7.2011. It's gem. Article 15 (2) sentence 1 of this Act entered into force on 28 July 2011. Unofficial table of contents

Content Summary

Section 1

General provisions
§ 1 Purpose of the law
§ 2 Scope
§ 3 Definitions
Section 2

Approval and monitoring of emissions
§ 4 Emission Approval
§ 5 Identification of emissions and emissions report
§ 6 Monitoring Plan
Section 3

Permissions and dispatch
§ 7 Permissions
§ 8 Empower permissions
§ 9 Allocation of free allowances to plant operators
§ 10 Legal regulation on allocation rules
§ 11 Rule allocation of free allowances to aircraft operators
§ 12 Allocation of free allowances from the special reserve
§ 13 Application for allocation from the special reserve
§ 14 Permissions Output
§ 15 Enforcement of return obligations
§ 16 Recognition of allowances and credits
§ 17 Emissions trading register
§ 18 Exchange of emission credits in allowances
Section 4

Common rules
§ 19 Responsibilities
§ 20 Monitoring
Section 21 Audit Points
Section 22 Fees for individually attributable public services provided by federal authorities
Section 23 Electronic communications
§ 24 Single Asset
Section 25 Modification of the identity or legal form of the operator
Section 26 Exclusion of suspenseable effect
§ 27 Exemption for small emitters
§ 28 Regulation
Section 5

Penalties
§ 29 Enforcement of reporting requirements
§ 30 Enforcement of the obligation to discharge
Section 31 Operating under the control of aircraft operators
Section 32 Fines
Section 6

Transitional arrangements
§ 33 General transitional arrangements
Section 34 Transitional arrangements for plant operators
§ 35 Transitional arrangements for aircraft operators

Annex 1 Related activities and greenhouse gases
Annex 2 Requirements for the submission and approval of monitoring plans in accordance with § § 6 and 13 as well as on the determination of emissions and the reporting according to § 5
Annex 3 (dropped)
Annex 4 (dropped)
Annex 5 Calculation of the specific emission reduction as well as the compensatory amount in case of non-compliance with the voluntary obligation pursuant to Article 27 (4)

Section 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

The purpose of this law is to lay the foundations for trade in greenhouse gas emission allowances in a Community-wide area for the activities listed in Annex 1, Part 2, which emit a special amount of greenhouse gases. Emissions trading scheme to contribute to global climate protection through a cost-effective reduction of greenhouse gases. Unofficial table of contents

§ 2 Scope

(1) This Act shall apply to the emission of the greenhouse gases referred to in Annex 1, Part 2, by the activities referred to therein. For the installations referred to in Annex 1, Part 2, this law shall apply even if they are parts or subsidiary equipment of an installation which is not listed in Annex 1, Part 2. (2) The scope of this Act shall apply to those listed in Annex 1. Part 2 (2) to (31) referred to in
1.
Plant parts and process steps necessary for operation, and
2.
Subsidiary facilities which are related to the parts and process steps referred to in point 1 in a spatial and operational context and which may be of importance for the production of the greenhouse gases referred to in Annex 1, Part 2.
The first subparagraph shall apply to the combustion units referred to in Annex 1, Part 2, point 1. (3) The conditions set out in Annex 1 shall also be met if several installations of the same type are closely related and in a close geographical and operational context; and together reach or exceed the performance limits or the size of the plant as referred to in Annex 1. A close spatial and operational relationship shall be provided when the installations are
1.
be on the same premises,
2.
are connected to common operating facilities, and
3.
for a comparable technical purpose.
(4) In accordance with the provisions of Section 4 (1), third sentence, of the Federal Immission Control Act, the installations referred to in Annex 1, Part 2, points 2 to 30, shall be subject to the definition of the installations referred to in paragraphs 2 and 3 of this Annex. immission protection for the plant. The first sentence shall apply to the combustion units referred to in point 1 of Part 2 of Annex 1. In the cases referred to in the second sentence of paragraph 1, the provisions of the first sentence of paragraph 1 shall apply in respect of the provisions of the immission protection authorization relating to the parts of the installation or the subsidiary bodies. (5) This Act shall not apply to:
1.
Installations or parts of the plant, insofar as they are used for research or development or testing of new materials, fuels, products or processes in the laboratory or pilot plant scale, including in the laboratory or in the laboratory; or Scale of technology to produce new products in the quantity required for testing their properties by third parties prior to the market launch, in so far as the new products are still further researched or developed,
2.
Installations which are in need of approval pursuant to Article 4 (1), third sentence, of the Federal Immission Control Act and in the case of which only sewage gas, landfill gas, except for the purpose of ignition and support firing as a fuel, is authorised according to their emission protection law. Biogas or biomass within the meaning of Article 2 (2), second sentence, point (a) and (e) of 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 sources and amending and subsequent repeal of Directives 2001 /77/EC and 2003 /30/EC (OJ L 201, 31.7.2001, p 16), as amended, may be used in the current version, and
3.
Installations or combustion units referred to in Annex 1, Part 2, points 1 to 6, for the incineration of hazardous waste or municipal waste, as referred to in point 8.1 or 8.2 of the Annex to the Regulation on installations in need of approval need to be approved.
(6) In the case of aviation activities, the scope of this Act extends to all emissions from an aircraft arising from the use of fuels. The fuel consumption of an aircraft is also the fuel consumption of auxiliary engines. This law shall apply only to air transport activities carried out by aircraft operators,
1.
which is a valid German operating licence within the meaning of Article 3 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the implementation of air services in the Community: 3), as amended by the Commission, or
2.
which are assigned to the Federal Republic of Germany as the competent administrative Member State in accordance with Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which, on or after 1 January 2006, have a list of Air transport activities within the meaning of Annex I to Directive 2003 /87/EC have been complied with, indicating the Member State responsible for the individual aircraft operators (OJ L 327, 31.12.2003, p. 1), as amended by Regulation (EU) No 82/2010 (OJ L 327, 22.12.2010, p. 12), as amended, and not a valid operating licence of another Contracting State of the Agreement on the European Economic Area.
All the aviation activities carried out by the aircraft operator from the beginning of the calendar year in which the conditions set out in the third sentence are met for the first time shall fall within the scope of this Act. (7) This Act shall also apply to tasks in the Connection with the granting of aid for the compensation of indirect CO2 costs, to the extent that such aid is provided for in accordance with a support directive as provided for in Article 10a (6) of Directive 2003 /87/EC. Unofficial table of contents

§ 3 Definitions

The following definitions shall apply to this Act:
1.
investment in a permanent establishment or other fixed facility;
2.
An operator of a natural or legal person or a partnership which has direct decision-making authority over a facility in which an activity referred to in Annex 1, Part 2, points 1 to 32 is carried out, and which shall include: economic risks; those who operate an approved facility within the meaning of the Federal Immission Control Act, in which an activity is carried out in accordance with Annex 1, Part 2, points 1 to 30, shall be the system operator in accordance with the first half-sentence;
3.
authorizing the power to emit one tonne of carbon dioxide equivalent over a period of time; one tonne of carbon dioxide equivalent is one tonne of carbon dioxide or the amount of another greenhouse gas, which is in its potential to heat the the atmosphere of a tonne of carbon dioxide;
4.
operator, operator or aircraft operator;
5.
Emission of greenhouse gases by an activity referred to in Annex 1, Part 2; the transmission of greenhouse gases shall be the same in accordance with the monitoring regulation of the release;
6.
Emission reduction unit within the meaning of Section 2 (20) of the Project-Mechanisms-Law;
7.
An aircraft operator, a natural or legal person or a civil society, which has direct decision-making authority over an aircraft at the time when the aircraft is engaged in an aviation activity, and in doing so, the economic risks of air transport activity, or, where the identity of that person is not known or is not specified by the aircraft owner, the owner of the aircraft;
8.
' air traffic control ' means an authorisation which only gives aircraft operators the power to emit one tonne of carbon dioxide equivalent over a period of time;
9.
Air traffic activity in accordance with Annex 1, Part 2, point 33;
10.
Monitoring Regulation of the European Commission referred to in Article 14 (1) of Directive 2003 /87/EC of the European Parliament and of the Council of 13 November 2003. October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 /61/EC (OJ L 327, 30.12.1996, p. 32), as last amended by Directive 2009 /29/EC (OJ L 284, 31.10.2009, p. 63) has been amended, as amended;
11.
production performance, the maximum production volume per year, which is legally and legally possible;
12.
Activities listed in Annex 1, Part 2,
13.
Transport performance of the product of the flight route and payload;
14.
Carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6);
15.
Monitoring plan presentation of the method used by an operator to determine its emissions and report on it;
16.
certified emission reduction unit within the meaning of § 2 point 21 of the Project-Mechanisms-Law.

Section 2
Approval and monitoring of emissions

Unofficial table of contents

§ 4 Emission permit

The plant operator shall require the release of greenhouse gases by an activity referred to in Annex 1, Part 2, points 1 to 32, of a permit. The authorisation shall be granted by the competent authority at the request of the plant operator if, on the basis of the submitted application documents, the competent authority is able to determine the information referred to in paragraph 3. (2) The applicant shall have the following information: The request for authorisation shall, in particular, include the following information:
1.
the name and address of the plant operator;
2.
a description of the activities, the location and the nature and scope of the directions and technologies used therein,
3.
in the cases referred to in the second sentence of Article 2 (1), a description of the spatial delimitation of the parts of the plant, the procedural steps and the subsidiary bodies referred to in Article 2 (2),
4.
the sources of emissions and
5.
the date on which the plant has been or is to be put into service.
(3) The authorisation shall contain the following information:
1.
the name and address of the plant operator;
2.
a description of the activity and the location in which the activity is carried out;
3.
in the cases referred to in the second sentence of Article 2 (1), a description of the spatial delimitation of the associated parts of the plant, the procedural steps and the subsidiary bodies referred to in Article 2 (2) and
4.
a list of the sources of emissions involved.
(4) In the case of installations which have been approved before 1 January 2013 in accordance with the provisions of the Federal Immission Control Act, the approval under immission protection law shall be the authorisation referred to in paragraph 1. However, in the case of the first sentence, the plant operator may also request a separate authorisation pursuant to paragraph 1. In this case, the first sentence shall apply only until the grant of the separate authorization. (5) The plant operator shall be obliged to submit to the competent authority a planned change in the activity in respect of the information referred to in paragraph 3 for at least one month. to be fully and properly notified before they are implemented, provided that this change can have an impact on emissions. The competent authority shall amend the authorisation accordingly. The competent authority shall, irrespective of the second sentence, review the information referred to in paragraph 3 at least every five years and, if necessary, amend the authorisation accordingly. (6) In the procedures for granting or amending the emission permit referred to in paragraphs 1 and 5, the competent authority referred to in Article 19 (1) (3) shall be the competent authority to: deliver an opinion within a reasonable period of time.

Footnote

(+ + + § 4: For application, see Section 34 (2) + + +) Unofficial table of contents

§ 5 Determination of emissions and emissions report

(1) The operator shall identify the emissions caused by his activity in a calendar year in accordance with Annex 2, Part 2, and report on the emissions to the competent authority by 31 March of the following year. (2) The information contained in the The emission report referred to in paragraph 1 must have been verified by an inspection body in accordance with § 21.

Footnote

(+ + + § 5: For application, see Section 34 (2) and Section 35 (1) + + +) Unofficial table of contents

§ 6 Monitoring Plan

(1) The operator is obliged to submit to the competent authority for each trading period a monitoring plan for the emission determination and reporting in accordance with § 5 paragraph 1. In doing so, it shall comply with the time limits set out in Annex 2, Part 1, point 1. (2) The monitoring plan shall be subject to approval. The approval shall be granted if the monitoring plan complies with the provisions of the monitoring regulation, the legal regulation in accordance with Section 28 (2) (1) and, in so far as these do not apply, the second sentence of Annex 2, Part 2, sentence 3. Where a proposed monitoring plan does not comply with those requirements, the operator shall be obliged to remedy the deficiencies identified within a time limit to be determined by the competent authority and to submit the amended monitoring plan. In the procedure for the approval of the monitoring plan, the competent authority shall be given the opportunity to comment in the cases referred to in Article 19 (1) (1) of the competent authority. The competent authority may combine the authorisation with conditions for monitoring and reporting on emissions. (3) The operator is obliged to adapt the monitoring plan immediately within a period of a trading period, to the extent that: the following changes to the emission requirements or their reporting requirements result:
1.
the amendment of the provisions referred to in the second sentence of paragraph 2,
2.
Modification of its emission permit or
3.
other changes to its activity.
The competent authority may take ex post orders to ensure compliance with the obligation set out in the first sentence. In the case of the adapted monitoring plan referred to in the first sentence, the first sentence of paragraph 1 and paragraph 2 shall apply accordingly

Footnote

(+ + + § 6 (1) sentence 1: For non-application cf. Section 35 (2) + + +)

Section 3
Permissions and dispatch

Unofficial table of contents

§ 7 Permissions

The operator shall, by 30 April each year, submit to the competent authority a number of allowances equal to the emissions caused by its activity during the previous calendar year. Plant operators may not fulfil their obligation under sentence 1 by issuing aviation allowances. (2) The allowances shall apply in each case for one of the following trading periods:
1.
the trading period for activities listed in Annex 1 of the Greenhouse Gas Emissions Trading Act of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), which started on 1 January 2008, will end on 31 December 2012 (trading period 2008 to 2012);
2.
the first trading period for aviation activities, which starts on 1 January 2012, will end on 31 December 2012 (trading period 2012);
3.
The trading period for all activities starting on 1 January 2013 will end on 31 December 2020 (trading period 2013 to 2020);
4.
the trading periods following the trading period 2013 to 2020 shall cover a period of eight years each.
Rights of an expired trading period are deleted four months after the end of this trading period and are replaced by the competent authority by authorizations of the current trading period. The owner of the permissions can at any time waive them and ask for their deletion. (3) Permissions are transferable. The transfer of allowances shall be effected by agreement and registration in the account of the acquirer in the Emission Trading Register in accordance with § 17. The registration shall be effected on the instructions of the transferor to the account of the account, to transfer allowances from his account to the account of the transferee. (4) To the extent that an entitlement is entered in the emissions trading register for a person, the registration shall be valid. the contents of the register are correct. This does not apply to the recipient of issued allowances if he is aware of the inaccuracy in issue. (5) Permissions are not financial instruments within the meaning of Section 1 (11) of the Banking Act or § 2 (2b) of the German Banking Act (§ 2) of the German Banking Act. Securities trading law.

Footnote

(+ + + § 7: For application, see Section 34 (2) and Section 35 (1) + + +) Unofficial table of contents

§ 8 Auction of allowances

(1) All rights granted to the Federal Republic of Germany by the European Commission in accordance with Directive 2003 /87/EC, as amended, for auction shall be auctioned. Auctioning shall be carried out in accordance with the rules laid down in Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing and administrative procedures and other aspects of the auctioning of greenhouse gas emission allowances in accordance with the Directive 2003 /87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 378, 27.3.2003, p. 1) as amended. (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety commissioned the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and the Federal Ministry for Economic Affairs and Energy. (3) The proceeds from the auctioning of the allowances referred to in paragraph 1 shall be notified to the Federal Government. The costs incurred by the Federal Government through the performance of the tasks assigned to it under the Emissions Trading Scheme and not covered by fees in accordance with § 22 shall be covered by the proceeds of the first sentence. (4) For the purpose of setting the bid on own The companies mentioned in Section 2a (1) (9) of the Securities Trading Act require the approval of the Bundesanstalt für Finanzdienstleistungsaufsicht (Federal Institute for Financial Services Supervision) to take account of or on behalf of the customers of their main business. For allowances which are not in the form of a financial instrument referred to in Article 38 (3) of Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004 /39/EC of the European Parliament and of the Council on recording obligations for investment firms, the reporting of transactions, market transparency, the admission of financial instruments to trading and certain terms within the meaning of this Directive (OJ L 327, 30.4.2004, p. 1) shall also be subject to the requirement to establish a bid on behalf of the customers of their main business
1.
Institutions within the meaning of Section 1 (1b) of the Banking Act, to which a permit has been granted in accordance with Section 32 of the Banking Act, and
2.
in accordance with Article 53 (1), first sentence, of the Banking Act, which has been granted a permit pursuant to Section 32 of the Banking Act,
a permit from the Federal Institute. Permission shall be granted provided that the company complies with the conditions set out in Article 59 (5) of Regulation (EU) No 1031/2010. The Federal Institute may lift the permit, except in accordance with the provisions of the Administrative Procedure Act, if it is aware of facts which would preclude the granting of the licence in accordance with sentence 3. Unofficial table of contents

§ 9 Allocation of free allowances to plant operators

(1) Plant operators shall be granted free allowances in accordance with the principles set out in Article 10a (1) to (5), (7) and (11) to (20) of Directive 2003 /87/EC, as amended and in Decision 2011 /278/EU of Commission of 27 April 2011 laying down EU-wide transitional rules on the harmonisation of the free allocation of emission allowances under Article 10a of Directive 2003 /87/EC (OJ L 327, 22.11.2003, p. 1). (2) The allocation shall be subject to a request from the competent authority. The application for the allocation of free allowances shall be submitted within a period of time which shall be notified by the competent authority at least three months before its expiry in the Federal Gazette. The deadline shall be announced at the earliest after the entry into force of the Regulation on the allocation rules in accordance with § 10. In case of late application there is no entitlement to free allocation. The application shall be accompanied by the documents necessary for the examination of the claim. Unless otherwise specified in the Regulation in accordance with § 10, the actual information in the dispatch application must have been verified by an inspection body in accordance with § 21. (3) The competent authority shall calculate the provisional allocation quantities, publish a list of all the installations covered by this law and the provisional allocation quantities in the Federal Gazette, and reports the list of the European Commission. The calculation of the provisional allocation quantities shall take into account only those details of the operator, the accuracy of which is sufficiently secure. Legal remedies with regard to the reporting of the allocation quantities can only be asserted at the same time as the legal remedies allowed against the allocation decision. (4) The competent authority decides before the start of the trading period to Allocation of allowances free of charge to plant operators who have submitted an application within the time limit laid down in the second sentence of paragraph 2. In addition, the rules of the Administrative Procedure Act apply to the allocation procedure. (5) An allocation according to the allocation rules in accordance with § 10 has an unreasonable hardness for the plant operator and for a related one connected to the system operator. The competent authority shall, at the request of the operator, notify the competent authority of additional allowances in the undertaking which has to comply with its capital arising from commercial or corporate legal grounds relating to the economic risks of the plant's operations. a fair amount of compensation to the extent that the European Commission Allocation not rejected in accordance with Article 11 (3) of Directive 2003 /87/EC. (6) The allocation decision should be repealed as far as it has to be amended subsequently as a result of an act of the European Union. § § 48 and 49 of the Administrative Procedure Act remain unaffected by the rest.

Footnote

(+ + + § 9: For application, see Section 34 (2) + + +) Unofficial table of contents

Section 10 Legal regulation on allocation rules

The Federal Government is authorized, in accordance with Directive 2003 /87/EC, as amended and to Commission Decision 2011 /278/EU of 27 April 2011 laying down EU-wide transitional provisions for the harmonisation of the free allocation of emission allowances in accordance with Article 10a of Directive 2003 /87/EC (OJ L 196, 27.7.2003, p. 1), after consultation of the parties concerned, determine the details of the allocation of free allowances to plant operators by means of a regulation which does not require the consent of the Federal Council. In this regulation the Federal Government can regulate in particular:
1.
the products for which the allowances are allocated free of charge,
2.
the calculation of the number of allowances to be allocated,
3.
the collection of data on the emissions and production of installations and other data relevant to the allocation process;
4.
the determination of the quantity of production or other quantities required for the calculation of the quantity of dispatch;
5.
Emission values per product unit produced,
6.
cases where, exceptionally, an allocation is made on the basis of emission values for each product unit produced, or where separate allocation rules exist, and the methods used in these cases,
7.
the base period, the data of which is relevant for the allocation of allowances free of charge, as well as cases in which the base period may be dismissed;
8.
the allocation for new installations and capacity extensions, including the determination of the capacity and the capacity utilisation of new installations,
9.
the determination of the quantities of free allowances to be issued each year in the allocation decision;
10.
Provisions relating to the proportions of heat production in the emission values referred to in point 5,
11.
which, in the application pursuant to Article 9 (2), first sentence
a)
information required and
b)
the documents required, and the nature of the evidence to be provided; and
12.
Requirements for the verification of allocation requests in accordance with § 9 (2) sentence 5 as well as exceptions to the verification obligation.
The legal regulation according to sentences 1 and 2 requires the consent of the Bundestag. The Bundestag may make this agreement dependent on whether change requests are accepted. If the Federal Government adopts the amendments, a new decision by the Bundestag shall not be required. If the Bundestag has not referred to it after the expiry of six weeks of proceedings since the receipt of the legal regulation, its consent shall be deemed to have been granted to the unchanged legal regulation. Unofficial table of contents

Section 11 Rule allocation of free allowances to aircraft operators

(1) Aircraft operators shall be allocated a number of free aviation allowances for a trading period corresponding to the product of their transport performance in the base year in tonne-kilometres and the indicative value in the base year of the decision of the European Commission pursuant to Article 3e (3), first sentence, point (e) and (2) of Directive 2003 /87/EC. (2) The base year for the transport performance is the calendar year ending 24 months before the start of the trading period, to which the allocation relates. For the trading period 2012 and the trading period 2013 to 2020, the year 2010 is the base year. (3) The allocation for a trading period requires an application with the competent authority, which is not later than 21 months before the start of the respective trading period. Trade period must be made. In the event of a late application, there is no longer a right to allocate free air traffic rights. The rates 1 and 2 shall not apply to the trading period 2012 and the trading period 2013 to 2020. (4) In the application, the applicant shall specify the transport performance determined in accordance with the requirements of the monitoring regulation, which he/she will be carrying out in the base year by has provided its air transport activities. If the aircraft operator has submitted a report on the flight route and the payload in accordance with Article 5 (1) sentence 1 of the data collection regulation 2020, this report shall be considered as a request for allocation for the trading period 2012 and the trading period 2013 to 2020 unless the aircraft operator opposes this within one month of the entry into force of this law. In the event of an objection, no entitlement to free allocation shall be granted in accordance with paragraph 1. The information on the transport performance must have been verified by an inspection body in accordance with § 21. This shall not apply in so far as a report on the route and the payload has already been examined in accordance with Article 11 of the Data Collection Regulation 2020. (5) The competent authority shall send the applications to the following 18 months before the start of the trading period at the latest. European Commission. The competent authority shall verify the information provided by the applicant for the performance of the transport and shall transmit only such information to the European Commission, the accuracy of which is sufficiently secure at the end of the transmission period. In so far as the competent authority requires additional information or evidence to examine the application and the information contained therein, the aircraft operator shall, at the request of the competent authority, be obliged to do so within one of the (6) The competent authority shall grant free allowances within three months after the European Commission has announced the indicative value in accordance with Article 3e (3) of Directive 2003 /87/EC. The competent authority shall publish a list of the names of the aircraft operators and the level of the allocations in the Federal Gazette. Unofficial table of contents

§ 12 Allocation of free allowances from the special reserve

(1) Aircraft operators shall be granted, for a period of trading, an allocation of free aviation allowances from the special reserve, if:
1.
for the first time after the end of the base year pursuant to Article 11 (2), they have resumed an aviation activity, or
2.
the average transport performance in tonne-kilometres between the base year and the end of the second calendar year of the current trading period increased by more than 18 per cent per year in the period between the base year and the end of the second calendar year is.
In addition, an allocation in accordance with the first sentence of 1 assumes that the aircraft operator shall not, in whole or in part, be carried out by any other undertaking by the newly recorded activity or by the increased transport performance of the operator. continue. Sentence 1 shall not apply to the period of trading 2012. (2) In the event of a new activity, the number of air transport allowances to be allocated shall correspond to the product of the transport service provided during the second calendar year of the trading period, and the indicative value determined in the decision of the European Commission in accordance with Article 3f (5) of Directive 2003 /87/EC. (3) In the case of the increased transport performance referred to in the first sentence of paragraph 1, the number of the items to be allocated shall be equal to Air traffic rights to the product from the increase in transport performance in Tonne-kilometres, in so far as the increase exceeds the percentage increase in tonne-kilometres referred to in paragraph 1, first sentence, point 2, and the indicative value set out in the decision of the European Commission pursuant to Article 3f (5) of Directive 2003 /87/EC is determined. The allocation in accordance with the first sentence shall not exceed 1 million air traffic allowances per aircraft operator. (4) The competent authority shall allocate the free allowances within three months after the European Commission has given the indicative value has been notified in accordance with Article 3f (5) of Directive 2003 /87/EC. It shall allocate the allocation for an entire trading period and for each remaining full year of this trading period. The competent authority shall publish a list of the names of the aircraft operators and the level of the allocations in the Federal Gazette. Unofficial table of contents

Section 13 Request for allocation from the special reserve

(1) The allocation from the special reserve shall be subject to an application to the competent authority, which must be made no later than 30 June of the third year of the current trading period. In the case of a delayed application, there is no claim for the allocation of free air traffic rights. (2) In the application referred to in paragraph 1, the applicant has to prove the existence of the allocation conditions listed in § 12 (1). An application in accordance with Article 12 (1), first sentence, point 2 shall, in particular in relation to the period between the base year and the second calendar year of the current trading period, contain the following information:
1.
the percentage increase in the transport performance of the applicant since the base year;
2.
the absolute increase in the transport performance of the applicant since the base year in tonne-kilometres and
3.
the percentage of the absolute increase as referred to in point 2 above the percentage increase in tonne-kilometres referred to in Article 12 (1), first sentence, point 2.
The competent authority shall send the applications to the European Commission no later than six months after the expiry of the period referred to in the first sentence of paragraph 1. (3) In the application referred to in the first sentence of paragraph 1, the transport performance determined in accordance with the requirements of the Monitoring Regulation shall be indicated by the applicant in the second calendar year of the (4) In order to identify and specify the transport performance referred to in paragraph 3, the aircraft operator shall draw up a tonne-kilometre monitoring plan and shall have it with the competent authority. within the time limit laid down in Annex 2, Part 1, point 2, for approval (5) The authorisation referred to in paragraph 4 shall be granted if the monitoring plan complies with the requirements of the monitoring regulation. Section 6, paragraph 2, sentences 3 and 5 shall apply accordingly. Unofficial table of contents

§ 14 Issue of permissions

(1) The competent authority shall issue the allowances granted in accordance with Section 9 (4), in accordance with the allocation decision, by 28 February of a year for which allowances are to be made. (2) By way of derogation from paragraph 1, for installations which have been granted The beginning of the trading period was put into operation, allowances allocated for the first year of operation were issued immediately after the allocation decision. If the allocation decision is made before 28 February of a calendar year, the allowances shall be issued for the first time on 28 February of the same year after the first sentence. (3) In the case of the control allocation for aircraft operators in accordance with § 11, the competent authorities shall give the competent authority. Authority the total amount of air traffic rights allocated for a period of trading in the years of the trading period, each year until 28 February, in equal quantities per year. In the case of allocation from the special reserve in accordance with § 12, the competent authority shall supply the total amount of air rights allocated for a trading period in the calendar years of the trading period following the allocation decision. of the same subsets each year.

Footnote

(+ + + § 14: For application, see § 34 Abs 2 + + +) Unofficial table of contents

§ 15 Enforcement of return obligations

Insofar as the operator is obliged to return too much of the allowances in the event of cancellation of the allocation decision, the competent authority may fulfil this obligation in accordance with the provisions of the Administrative Enforcement Act . The amount of the penalty is up to 500 000 euros. Unofficial table of contents

Section 16 Recognition of allowances and credits

(1) Permissions issued by other Member States of the European Union in application of Directive 2003 /87/EC for the current trading period shall be equal to allowances issued in the Federal Republic of Germany. (2) The provisions relating to allowances in accordance with § 7 (3) to (5) and (17) shall apply to emission reduction units, certified emission reductions and emission credits, which are laid down in a legal regulation pursuant to Article 28 (1) (3) of the Regulation. (3) authorizations issued by third countries, concluded agreements on the mutual recognition of allowances in accordance with Article 25 (1) of Directive 2003 /87/EC shall be concluded by the competent authority in accordance with the procedure laid down in Article 25 (2) of the Directive 2003 /87/EC has been transposed into authorizations. Unofficial table of contents

§ 17 Emissions Trading Register

Allowances shall be kept and transferred in an emissions trading register in accordance with the Regulation referred to in Article 19 (3) of Directive 2003 /87/EC. Unofficial table of contents

§ 18 Reexchange of emission credits in allowances

(1) At the request of the operator, the competent authority shall exchange emission reduction units, certified emission reductions or other credits for emission reductions in accordance with paragraphs 2 and 3 in allowances for the 2013 trading period. by 2020. (2) In the period 2013 to 2020, the exchange rate shall be limited to the following quantitative limits, subject to an increase by means of a legal regulation in accordance with Section 28 (1) point 3:
1.
for an installation for which the plant operator has received an allocation in accordance with § § 6 to 9 or § 12 of the Allocation Act 2012 in the trading period 2008 to 2012, to 22 percent of this amount of allocation, insofar as this proportion is not for the performance of the the obligation to issue emissions in the trading period 2008 to 2012;
2.
for an installation not covered by point 1, to a quantity equal to 4.5 per cent of the total amount of allowances to be issued in respect of emissions in the 2013 to 2020 trading period in accordance with section 7 (1);
3.
for aircraft operators, to a quantity equal to 1.5 per cent of the total amount of allowances to be issued by the respective aircraft operator in accordance with Article 7 (1) for emissions in the 2013 to 2020 trading period; this quantity shall be increased a quantity equal to 15 per cent of the amount of allowances to be made by the respective aircraft operator for the 2012 trading period, to the extent that the aircraft operator did not use that share to fulfil this obligation to discharge.
(3) The following emission reduction units or certified emission reductions shall be exchanged subject to a restriction by means of a legal regulation in accordance with Section 28 (1) (3):
1.
Emission reduction units or certified emission reductions for emission reductions that were produced before 2013;
2.
certified emission reductions from projects registered before 2013 by the Executive Board within the meaning of § 2 point 22 of the Project-Mechanisms-Act.
Sentence 1 shall apply only to emission reduction units and certified emission reductions derived from project types whose credits were also allowed to be used in the trading period 2008 to 2012.

Footnote

(+ + + § 18: For application see Section 33 (1) + + +)

Section 4
Common rules

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Section 19 responsibilities

(1) Competent authority shall be:
1.
for the implementation of § 4 for approved plants pursuant to § 4 paragraph 1 sentence 3 of the Federal Immission Control Act, the competent authority under the law of the state for the enforcement of § 4,
2.
for the execution of Section 31 (2) in the case of a commercial aircraft operator, the Federal Aviation Office,
3.
and the Federal Environment Agency.
(2) Where disputes under this Act are subject to administrative law, the Administrative Court shall be the administrative court at the seat of the German Emissions Trading Authority in the case of actions against an act or omission of the Federal Environment Agency. Federal Environment Agency (Federal Environment Agency). (3) Insofar as the authority responsible under paragraph 1 (3) exercises tasks pursuant to § 2 (7), it shall be subject to the joint supervision by the Federal Ministry of Economics and Technology and the Federal Ministry of Economics and Technology Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Unofficial table of contents

§ 20 Monitoring

(1) The competent authority in accordance with § 19 shall monitor the implementation of this law and the legal regulations based on this law. (2) Operators as well as owners and owners of aircraft or of land on which Aircraft or installations shall be obliged to immediately inform the members of the competent authority and their agents.
1.
allow access to the facilities, aircraft or land at business hours,
2.
authorise the taking of tests, including the identification of emissions during business hours, and
3.
on request, provide the information and provide the documents necessary for the performance of its tasks.
Within the scope of the obligations set out in the first sentence, the operators shall provide workers and tools. (3) For the person who is obliged to provide information, § 55 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 21 Test bodies

(1) For the examination of emission reports in accordance with § 5 paragraph 2 and for the examination of allocation requests pursuant to § 9 paragraph 2 sentence 6, § 11 paragraph 4 sentence 4 and § 13 paragraph 2 sentence 4 are entitled:
1.
Accredited verifiers in accordance with Commission Regulation (EU) No 600/2012 of 21 June 2012 on the assessment 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 of 21 June 2012 on the assessment of greenhouse gas emissions reporting and tonne-kilometre reports European Parliament and Council (OJ C 139, 30.4.2004 1), as amended,
2.
certified verifiers by the admissions office or by the appropriate national authority of another Member State, pursuant to Article 28 (4), first sentence, point 1, of Regulation (EU) No 600/2012, Certified.
(2) The inspection body shall have the examination of emission reports in accordance with § 5 paragraph 2 as well as the examination of allocation requests in accordance with § 11 (4) sentence 4 and § 13 (2) sentence 4 in accordance with the requirements of Regulation (EU) No 600/2012, as amended, and of the legal regulation pursuant to section 28 (2) (1). The inspection body shall examine the dispatch requests of plant operators in accordance with the requirements of the legal regulation according to § 10. (3) The inspection body shall carry out the tasks assigned to it in accordance with paragraph 2 only in the public interest. Unofficial table of contents

§ 22 Fees for individually attributable public services provided by federal authorities

(1) For the management of a person's or merchant account in the Emissions Trading Register, the competent authority shall charge the account holder a fee of 400 euros per trading period. (2) For official acts of the Admissions Office pursuant to § 28 (4) sentence 1 Number 1 shall be charged and levied. (3) If an appeal against decisions under this Act is rejected in full or in part, with the exception of the appeal against decisions pursuant to Section 4, the fee shall be equal to the Administrative expenses incurred 50 to 2 000 Euro. This does not apply if the contradiction is not successful only because the infringement of a procedural or formal provision according to § 45 of the Administrative Procedure Law is inconformable. If, however, the appeal is withdrawn after the commencement of the factual processing before its termination, the fee is reduced by at least 25 per cent. (4) The power of the Länder to collect fees and outlays for official acts in accordance with § 4 remains unaffected.

Footnote

(+ + + § 22 Abs 1: For application see § 33 Abs 3 + + +) Unofficial table of contents

§ 23 Electronic Communications

The competent authority may, for the documents referred to in the third sentence, prescribe the use of the written form or the electronic form for the notification of decisions and for the other communication. Where the electronic form is required, the competent authority may require certain encryption and the opening of access for the transmission of electronic documents. The competent authority may also prescribe that operators or verifiers to draw up monitoring plans or reports or to submit applications to electronic form templates provided on their website only and the completed form templates in electronic form as well as using a qualified signature according to the Signature Act of 16 May 2001 (BGBl. 876), as last amended by Article 4 of the Law of 17 July 2009 (BGBl I). 2091), have been amended. If the use of electronic format templates is required, the transmission of additional documents as a supplement to the format templates is possible, taking into account the formal requirements of the sentence 3. To the extent that the Federal Environment Agency is competent authority, orders shall be made known in the Federal Gazette according to the provisions of sentences 1 to 3; moreover, they shall be published in the official publication sheet of the competent authority. (2) For procedures relating to The granting of aid within the meaning of Article 2 (7) shall apply in accordance with paragraph 1. Unofficial table of contents

Section 24 Single installation

On request, the competent authority shall establish that the operation of a number of installations referred to in Annex 1, Part 2, point 7 and points 8 to 11, which are operated by the same operator at the same site in a technical network, shall apply. § § 5 to 7 and 9 shall be deemed to be the operation of a uniform installation if the required accuracy in the determination of the emissions is ensured.

Footnote

(+ + + § 24: For application, see Section 34 (2) + + +) Unofficial table of contents

Section 25 Amendment of the identity or legal form of the operator

(1) If the identity or legal form of an operator changes, the new operator must notify this immediately after the change of the authority which is responsible for the enforcement of the first sentence of Article 6 (3) sentence 1, and in the case of immission protection law authorized installations of the authority responsible for the enforcement of the first sentence of Article 4 (5). The new operator assumes the obligations of the original operator in accordance with § § 5 and 7. (2) A change of the operator during the course of the trading period shall not affect the allocation decision. Authorizations not yet issued shall be issued to the new operator from the proof of the change of operator, insofar as he has taken over the activity. In the case of the division of an installation, the competent authority shall allocate the amount of the allocation referred to in the original allocation decision to the installations resulting from the allocation in proportion to the activity of the installation. . Unofficial table of contents

Section 26 Exclusion of the suspender effect

The opposition and the action taken against allocation decisions or decisions pursuant to § 29 sentence 1 or § 31 (2) sentence 1 do not have suspensive effect. Unofficial table of contents

§ 27 Liberation for small issuers

(1) The competent authority shall exempt the operator of an installation for the 2013 to 2020 trading period from the obligation pursuant to Article 7 (1), provided that:
1.
the plant emitted less than 25 000 tonnes of carbon dioxide equivalent in each of the years 2008 to 2010; and
2.
the European Commission does not raise any objection under Article 27 (2) of Directive 2003 /87/EC against exemption.
In the case of installations of the activities referred to in Annex 1, Part 2, points 2 to 6, the exemption provided for in the first sentence shall be excluded, provided that the thermal output of the installation is 35 megawatts or more; this shall apply to the total heat output of the plant. Incineration units as set out in Annex 1, Part 2, point 1, in an installation. For the duration of the exemption, there is no entitlement to the allocation of free allowances in accordance with § 9 (1). (2) The exemption provided for in paragraph 1 shall require an application by the operator to the competent authority, which shall only be accompanied by the application. in accordance with Article 9 (2). For the 2013 to 2020 trading period, it is to be combined with the selection of one of the two measures set out in the third sentence. In order to compensate for the exemption provided for in paragraph 1, the operator shall be subject to one of the following equivalent measures for the 2013 to 2020 trading period:
1.
Payment of a compensatory amount for the reduced cost of the acquisition of emission allowances for the reference years of the 2013 to 2020 trading period, in accordance with paragraph 3;
2.
Commitment to specific emission reductions of the plant during the trading period 2013 to 2020 in accordance with the provisions of paragraph 4.
(3) The amount of the compensatory amount finally to be paid in accordance with the first sentence of paragraph 2 shall be calculated from the calculated payment obligation, reduced by an amount resulting from the application of a reduction factor to the compensation. The reduction factor corresponds to the ratio of the reduction in the specific emission value achieved in percentage points to 1.74 percentage points. The payment obligation is the product of the quantity of emission allowances to be applied, which corresponds to the purchase requirement for the respective reporting year of the trading period 2013 to 2020, and the average, volume-weighted Surcharge price of auctioning according to § 8 in the reporting year or the calendar year before the reporting year, whichever is the lower of the two surcharges; for the reference year 2013, only the surcharge price of this reporting year shall be decisive. The purchase requirement of an installation shall be equal to the difference between the emission quantity of the previous year and the amount of allowances resulting from the calculation rules of the legal regulation according to § 10. The revenue from the compensatory payment shall be allocated to the Federal Government and shall flow into the special fund "Energy and Climate Fund". (4) The subject of the voluntary commitment to specific emission reductions of the plant referred to in paragraph 2 (2) shall be the reduction of the Unit-specific emission value per product unit compared to the emission value of the base period by 1.74 per cent per year. The requirements of Annex 5, Part 1, shall be relevant for the calculation of the specific emission reduction required. The operator is obliged to report the production volume of the previous year to the competent authority by 31 March of each year. Where an operator does not fulfil the obligation set out in the first sentence of three consecutive years for the 2013 to 2020 trading period, he shall be subject to the compensatory payment referred to in paragraph 2 (1) for each of those reporting years up to the date of the start of the Reporting year in which the obligation is met again. The operator shall also be subject to the compensation if he does not fulfil his obligation under the first sentence of the year 2020 or the two reporting years 2019 and 2020. For the calculation of the compensatory payment in the cases of sentences 4 and 5, the requirements of Annex 5, Part 2, are relevant. (5) For installations which in the years 2008 to 2010, or in the three calendar years before the reference year, less than 20 000 each Tonnes of carbon dioxide equivalent shall be subject to the obligation to determine emissions and reporting in accordance with § 5, provided that a simplified emission report covers a period of two years in each case. Where these installations result from the emissions report as a result of total emissions of more than 20 000 tonnes of carbon dioxide equivalent in a reference year, the competent authority may order the submission of annual emission reports. (6) The exemption , if the plant emits 25 000 tonnes of carbon dioxide equivalent or more in a year of the 2013 to 2020 trading period. In this case, the operator shall be subject to the obligation pursuant to Article 7 (1) from the year of exceeding the emission limit by 2020 and shall be granted an allotment in accordance with § 9. Unofficial table of contents

Section 28 Regulation

(1) The Federal Government is authorized to do so by means of a decree law which does not require the consent of the Federal Council,
1.
to determine the carbon dioxide equivalents within the meaning of Section 3 (1) (3) for each greenhouse gas in accordance with international standards;
2.
to provide details of the auctioning in accordance with § 8; the Federal Government may, in particular, lay down rules on the approval of posts which carry out auctions, on the supervision of such bodies and on the authorisation of other tenderers;
3.
For details on the exchange of emission reduction units, certified emission reductions or other emission credits in allowances in accordance with § 18 and other forms of use of these credits, the Federal Government may in particular
a)
provide that, in accordance with the provisions of Article 11a (8) of Directive 2003 /87/EC, additional quantities of credits may be exchanged in accordance with the provisions of Article 11a (8) of Directive 2003 /87/EC, as provided for in Article 18 (2) (a) 2.
b)
specify requirements for the exchange procedure as well as application deadlines,
c)
Allow exchange and use for further types of credits for emission reductions for the implementation of Article 11a (4) to (6) of Directive 2003 /87/EC and
d)
specify project types whose credits are subject to a restriction of use by means of measures referred to in Article 11a (9) of Directive 2003 /87/EC in the 2013 to 2020 trading period, and the date on which the restriction of use begins;
4.
rules for the application of § 24 for installations operated by the same operator at the same location in a technical network, including in particular the rules governing the use of
a)
the application in accordance with Article 24 shall also be admissible for uniform installations from installations referred to in Annex 1, Part 2, points 1 to 6, and other installations referred to in Annex 1, Part 2,
b)
in the case of installations referred to in Annex 1, Part 2, points 8 to 11, to indicate the quantities of production of the products produced in the installations covered by the Annex,
c)
Installations listed in Annex 1, Part 2, point 7 and other installations listed in Annex 1, Part 2, shall be considered as a single installation;
5.
For details on the design of the mandatory exemption pursuant to § 27, in particular to adopt provisions on:
a)
information in the request for exemption pursuant to Article 27 (2),
b)
Requirements for the simplified emission report in accordance with § 27 (5) sentence 1 as well as additional facilitation of reporting in accordance with § 5 for annexes, which in the years 2008 to 2010 or in the three calendar years before the reporting year, respectively have emitted less than 5 000 tonnes of carbon dioxide equivalent,
c)
requirements for the evidence of the plant-specific emission value,
d)
taking into account the coupled production of electricity and heat as well as taking into account several individual elements of the allocation in the calculation of the specific emission reduction,
e)
the requirements for the common demonstration referred to in Annex 5, Part 1, point (b), and
f)
Separate deadlines for the performance of the obligations under § § 5 and 7 in the cases of § 27 (6).
(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to regulate by means of a decree law which does not require the approval of the Federal Council:
1.
Details on the identification and reporting of emissions in accordance with § 5 (1), for verification of the information in emissions reports in accordance with § 5 (2) and for verification of the information on the transport performance in applications pursuant to § 11 (4) sentence 4 and Article 13 (2), sentence 4, in so far as these facts do not relate to the implementation of Section 4 and are not covered by the monitoring regulation or in Regulation (EU) No 600/2012 in its current version;
2.
, in agreement with the Federal Ministry of Economics and Technology, for details on the transfer of allowances issued by third countries, in accordance with Article 16 (3) and
3.
Details of the setting up and management of an emissions trading register in accordance with Article 17, in particular the situations listed in the Regulation referred to in Article 19 (3) of Directive 2003 /87/EC, on the supplementary scheme by the Member States.
(3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by means of law, which does not require the consent of the Federal Council, to a legal person of private law with the perception of all or part of the To enact the tasks of the Federal Environment Agency in accordance with this Act and the powers of authority required for this purpose, if this guarantees that the delegated tasks will be properly and centrally fulfilled for the Federal Republic of Germany. This does not apply to powers pursuant to Section 20 (2) (1) and (2) and Section 5 of this Act, as well as to measures under the Administrative Enforcement Act. A legal person shall provide a guarantee within the meaning of the first sentence if:
1.
those who perceid the management or the representation of the legal person are reliable and technically suitable,
2.
the legal person has the equipment and organisation necessary for the performance of his duties and has sufficient initial capital; and
3.
an economic or organisational proximity to persons falling within the scope of this law.
The Beliehene is subject to the supervision of the Federal Environment Agency. (4) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by law, which does not require the approval of the Federal Council,
1.
to insult a legal person with the tasks and powers of an accreditation body for test centres;
2.
to regulate the requirements of the accreditation body and the exchange of information with the competent authority in accordance with Article 19 (1) (3) and with the authorities of other Member States responsible for emissions trading;
3.
rules on the certification procedure, in particular on requirements for the verifiers to be certified in accordance with § 21 and on their tasks and duties, as well as on the supervision of the inspection bodies;
4.
to regulate the collection of fees and charges for official acts of the Admissions Office.
The order referred to in the first subparagraph of paragraph 1 shall be admissible only if the legal person to be charged is responsible for the proper performance of the tasks of the admissions office in accordance with the requirements of Regulation (EU) No 600/2012 in its The Beliehenan is subject to the supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

Section 5
Penalties

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§ 29 Enforcement of the reporting obligation

If an operator does not comply with his reporting obligation pursuant to Section 5 (1), the competent authority shall have the blocking of his account. The blocking shall be lifted immediately as soon as the operator of the competent authority presents a report corresponding to the requirements laid down in § 5 or an estimate of the emissions is made in accordance with § 30 (2) sentence 1. Unofficial table of contents

§ 30 Enforcement of the obligation to discharge

(1) Where an operator does not comply with his obligation pursuant to Article 7 (1), the competent authority shall set a payment obligation of EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator has not made any allowances. The obligation to pay increases according to the increase in the European Index of Consumer Prices for the reference year compared to the reference year 2012; these annual indices are published by the Statistical Office of the European Union (Eurostat). The fixing of a payment obligation in accordance with the first sentence shall be allowed only within one year from the breach of duty. The establishment of a payment obligation may be waited if the operator was unable to comply with his obligation under Section 7 (1) due to force majeure. (2) Insofar as an operator did not properly proclaim the activities of the operator The competent authority estimates the emissions caused by the activity in accordance with the requirements of Annex 2, Part 2. The estimate is the basis for the obligation under Section 7 (1). The estimate shall not be made if the operator is duly obliged to comply with his reporting obligation in the course of the hearing on the notice of determination under paragraph 1. (3) The operator remains committed to the lack of allowances until 31 January of the If the emissions referred to in paragraph 2 have been estimated, the allowances shall be given in accordance with the estimate made. If the operator does not give the missing allowances until 31 January of the following year, the allowances for which the operator is entitled shall be credited to his obligation under sentence 1. (4) The names of the Operators who violate their obligation pursuant to Section 7 (1) shall be published in the Federal Gazette. The publication presupposedly requires a final payment notification. Unofficial table of contents

Section 31 Operating under-conditions against aircraft operators

Where an aircraft operator does not fulfil its obligations under this Act and has not been able to ensure compliance with the provisions by other enforcement measures, the competent authority may request the European Commission to: decide to prohibit the aircraft operator from operating in the event of a company's operating instructions. The competent authority shall make a recommendation on the scope of the operating subclaim and on the conditions to be fulfilled. The competent authority shall, in the event of a request in the case of a commercial aircraft operator, establish an agreement with the Federal Aviation Authority. (2) In accordance with Article 16 (10) of Directive 2003 /87/EC, the European Commission has decided to impose a decision on the application of the an operating failure to act against an aircraft operator shall, in the case of a commercial aircraft operator, take the initiative of the Federal Aviation Authority and, in the case of a non-commercial aircraft operator, the Federal Environment Agency (Umweltbundesamt), which shall: Enforcement of this Decision. In particular, they may:
1.
to impose a ban on the launch,
2.
impose a ban on entry, and
3.
revoke the permission in accordance with § 2 (7) of the Air Traffic Act or the operating licence in accordance with § 20 (4) or § 21a of the Air Transport Act, if any.
Unofficial table of contents

Section 32 Penbual provisions

(1) The offence is unlawful.
1.
Contrary to Article 5 (1) in conjunction with Annex 2, Part 2, sentence 1 of the Authority, it is not properly reported that:
2.
a legal regulation pursuant to § 10 sentence 3 (11) (a) or a enforceable order is contrary to such a decree, to the extent that the legal regulation refers to this fine for a particular offence,
3.
Contrary to Article 11 (4) sentence 1, an indication is not correct or
4.
Contrary to § 11 (5) sentence 3, also in connection with § 13 paragraph 2 sentence 4, an indication or a proof is not transmitted correctly.
(2) The conduct of an act referred to in paragraph 1 is unlawful. (3) The offence is unlawful, who intentionally or negligently
1.
release greenhouse gases without authorisation in accordance with Article 4 (1) sentence 1,
2.
Contrary to Article 4 (2), an indication is not correct or not fully enclosed,
3.
, contrary to § 4 (5) sentence 1 or § 25 (1) sentence 1, an indication not, not correct, not fully reimbursed or not reimbursed in good time,
4.
Contrary to Article 6 (1), a monitoring plan shall not be submitted or not submitted in time,
5.
an enforceable arrangement in accordance with § 6 (3) sentence 2;
6.
a legal regulation pursuant to § 10 sentence 3 (3) or (11) (b) or a enforceable order is contrary to such a decree, in so far as the legal regulation for a particular case is based on this fine , or
7.
Contrary to § 20 (2), a given action is not permitted, information not provided, not correct, not complete or not given in time, a document not presented, not correct or not in good time, or a working force or a working force Do not provide tools or provide them in time.
(4) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to five hundred thousand euros and in the cases referred to in paragraphs 2 and 3 with a fine of up to fifty thousand euros. (5) The competent authority shall be entitled to: If the operator is in breach of the obligation to discharge pursuant to Article 7 (1) sentence 1 as a result of the non-correct report and if the operator is in breach of the obligation to pay pursuant to Article 30 (1), first sentence, of paragraph 1, paragraph 1, of a repayment. shall be fixed.

Section 6
Transitional arrangements

Unofficial table of contents

Section 33 General transitional arrangements

(1) § 18 shall apply from 1 January 2013. (2) § 13 (2), § 19 (1) (4) and § 27 of the Greenhouse Gas Emissions Trading Act of 8 July 2004 (BGBl). I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. I p. 1163), shall apply to rights and obligations relating to emissions from the trading period 2008 to 2012. (3) § 22 (1) applies to the collection of fees for the management of accounts from the 2013 trading period to 2020. Section 22 (1) of the greenhouse gas emissions trading act of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163) shall apply to charges which have been complied with by the end of 2012. (4) By way of derogation from § 9 (2) sentence 6 and § 21, plant operators may apply to the competent authority before 1 January 2014 for allocation applications for Also submit new plants and capacity extensions with verification by a competent authority, insofar as this competent authority is in accordance with § 21 of the greenhouse gas emissions trading law in its version valid until 19 July 2013. has been announced. Unofficial table of contents

Section 34 Transitional arrangements for plant operators

(1) For the release of greenhouse gases by activities within the meaning of Annex 1 of the greenhouse gas emission trading act of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), in relation to the trading period 2008 to 2012, § § 1 to 25 of the Greenhouse Gas Emissions Trading Act of 8 July 2004 (BGBl) has been amended. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), it has been amended to continue to apply. This shall also apply if the plant in which the activity is carried out is not put into operation until between 28 July 2011 and 31 December 2012. (2) The obligations under § § 4, 5 and 7 shall not be subject to the obligations of the plant operators until 1 January 2013. , where these provisions relate to emissions, they shall be applied to greenhouse gases released from that date. § § 9 and 14 are only to be applied to the allocation and the issueof allowances applicable for the trading period 2013 to 2020 as well as for subsequent trading periods. § 24 shall apply to the establishment of uniform installations starting from the 2013 trading period until 2020. The competent authority can make findings in accordance with § 25 of the greenhouse gas emission trading law of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. I p. 1163) has been amended, with effect from the 2013 trading period until 2020, provided that these findings are not allowed under Section 24 or the Legal Regulation pursuant to Section 28 (1) (4). Unofficial table of contents

Section 35 Transitional regime for aircraft operators

(1) For aircraft operators, the obligations under § § 5 and 7 shall apply to emissions which will be released from 1 January 2012. (2) The obligation pursuant to § 6 (1) sentence 1 shall not apply to aircraft operators in the 2012 trading period, which shall: already on an approved monitoring plan for their emission reporting in accordance with § 27 paragraph 4 of the greenhouse gas emission trading law of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), have been amended. By way of derogation from the second sentence of paragraph 2, if an aircraft operator submits a monitoring plan for the 2012 trading period, the requirements of the monitoring regulation, but the provisions of Decision 2007 /589/EC, shall not be the subject of the following: Commission of 18 July 2007 laying down guidelines for monitoring and reporting on greenhouse gas emissions within the meaning of Directive 2003 /87/EC of the European Parliament and of the Council (monitoring guidelines) (OJ L 378, 27.9.2003, p. 1), as last amended by Decision 2010 /345/EU (OJ L 344, 27.11.2010, p. 34). (3) Aircraft operators may be subject to the obligation to discharge in accordance with Article 7 (1) sentence 1 in the 2012 trading period by issuing emission reduction units or certified emission reductions up to to a maximum of 15 per cent of the quantity of allowances to be issued. § 6 (1c) of the greenhouse gas emissions trading act of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. (4) If an aircraft operator is assigned, in accordance with Article 2 (6), second sentence, point 2 of the Federal Republic of Germany, as the competent administrative Member State, in accordance with Regulation (EC) No 748/2009 (OJ L 378, 27.12.2009, p. 1). 1), as amended by Regulation (EU) No 82/2010 (OJ L 327, 22.12.2010, p. 12), and if a new version of the Regulation assigns this aircraft operator to another administrative Member State, that law shall remain applicable to the aircraft operator in respect of the allocation procedure in accordance with § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 11 shall apply with the exception of the allocation decision in accordance with § 11 (6). Unofficial table of contents

Annex 1 (to § 1, § 2 (1) to 3 sentence 1, paragraph 4, sentence 1,
Paragraph 5 (3), Article 3 (1) (2), (5), (9) and (12),
Section 4 (1), first sentence, § 7 (2), first sentence, point 1,
§ 24, § 27 (1) sentence 2 and § 28 (1) (4))
Related activities and greenhouse gases

(Fundstelle: BGBl. I 2011, 1488-1491)
Part 1
Principles
1.
For the purpose of calculating the total thermal output of a plant referred to in Part 2, points 2 to 6, 11, 13, 19 and 22, or the total combustion heat output of the combustion units of a plant in accordance with Part 2, point 1, the thermal heat output of all the units shall be: technical units that are part of the plant and in which fuels are burned. These units are, in particular, all types of boilers, turbines, heaters, industrial furnaces, combustion furnaces, calcination furnaces, kilns, other furnaces, dryers, engines, fuel cells, torches and thermal or catalytic afterburners. Units with a thermal output of less than 3 megawatts (MW), emergency torches for system discharge in the event of operational malfunctions, emergency power units and units using only biomass shall not be taken into account in this calculation. If the total heat output threshold is exceeded, all units in which fuels are burned are recorded.
2.
For the assignment of an asset that can be assigned to both an activity with a threshold specified as a production performance and an activity with a threshold value specified as a total combustion heat output, the following shall apply:
a)
If the installation reaches or exceeds both the threshold of production output and the threshold value of the total heat output, the installation shall be assigned to that activity for which the threshold value as a production output is specified.
b)
If the installation either only reaches or exceeds the threshold value of the total heat output, or only the threshold value of the production output, it shall be allocated to that activity whose threshold it reaches.
Part 2
Activities
Nr.TätigkeitenTreib- Hausgas
1

Combustion units for the combustion of fuels with a total combustion heat output of 20 MW or more in a plant, unless one of the following numbers is detected CO2
2


Plants for the production of electricity, steam, hot water, process heat or heated exhaust gas through the use of fuels in a combustion device (such as power plant, heating power plant, heating plant, gas turbine plant, internal combustion engine plant, other Combustion plant), including the associated steam boilers, with a thermal output of 50 MW or more CO2
3







Plants for the production of electricity, steam, hot water, process heat or heated exhaust gas through the use of coal, coke, including petrolcoke, coal briquettes, peat briquettes, torfuses, natural wood, emulsified natural bitumen, heating oils, gaseous fuels (in particular coke oven gas, mine gas, steelgas, refinery gas, synthesis gas, petroleum gas from the tertiary extraction of crude oil, sewage gas, biogas), methanol, ethanol, natural vegetable oils, vegetable oil methyl esters, natural gas natural gas, liquefied gas, gas from the public gas supply, or Hydrogen with a thermal output of more than 20 MW to less than 50 MW in a combustion device (such as power plant, heating power plant, heating plant, gas turbine plant, internal combustion engine, other combustion plant), including Related steam boiler CO2
4



Installations for the production of electricity, steam, hot water, process heat or heated exhaust gas by the use of other solid or liquid fuels other than those referred to in point 3 in an incineration plant (such as power station, heating power station, heating plant, Gas turbine plant, internal combustion engine plant, other combustion plant), including associated steam boilers, with a thermal output of more than 20 MW to less than 50 MW CO2
5




Combustion engine systems for the propulsion of working machines for the use of heating oil EL, diesel fuel, methanol, ethanol, natural vegetable oils, vegetable oil methyl esters or gaseous fuels (in particular coke oven gas, mine gas, Steel gas, refinery gas, synthesis gas, petroleum gas from the tertiary extraction of crude oil, sewage gas, biogas, natural gas, liquefied petroleum gas, gas from the public gas supply, hydrogen) with a thermal output of 20 MW or more CO2
6




Gas turbine plants for the propulsion of working machines for the use of heating oil EL, diesel fuel, methanol, ethanol, natural vegetable oils, vegetable oil methyl esters or gaseous fuels (in particular coke oven gas, mine gas, steel gas, Refinery gas, synthesis gas, petroleum gas from the tertiary extraction of crude oil, sewage gas, biogas, natural gas, liquefied petroleum gas, gases from the public gas supply, hydrogen) with a thermal output of more than 20 MW CO2
7
Installations for the distillation or refining or other processing of crude oil or petroleum products in mineral oil or lubricant refineries CO2
8 Plants for the dry distillation of coal or lignite (coking plants) CO2
9 Plants for roasting, melting, sintering or pelletizing of metal ores CO2
10

Installations for the production or melting of pig iron or steel, including continuous casting, including concentrates or secondary raw materials, with a melting capacity of 2.5 tonnes or more per hour, even as far as integrated Metallurgical plants operated CO2
11



Installations for the production or processing of ferrous metals (including iron alloy) in the operation of combustion units with a total thermal output of 20 MW or more, unless recorded in point 10; the processing includes: in particular rolling mills, furnaces for reheating, annealing furnaces, forging plants, foundries, coating and pickling plants CO2
12
Plants for the production of primary aluminium
CO2,
PFC
13

Installations for the melting, alloying or refining of non-ferrous metals in the operation of combustion units with a total heat output (including the fuels used as reducing agents) of 20 MW or more CO2
14
Installations for the production of cement clinker with a production capacity of more than 500 tonnes per day in rotary kilns or more than 50 tonnes per day in other ovens CO2
15
Plants for the burning of limestone, magnesite or dolomite with a production capacity of more than 50 tonnes of burnt lime, calcite of calcite or calcite, each day CO2
16
Installations for the manufacture of glass, including as far as it is made from waste glass, including glass fibre production facilities, with a melting capacity of more than 20 tonnes per day CO2
17
Installations for burning ceramic products with a production capacity of more than 75 tonnes per day CO2
18
Installations for the melting of mineral substances, including installations for the production of mineral fibres, with a melting capacity of more than 20 tonnes per day CO2
19

Installations for the drying or burning of gypsum or for the production of gypsum plasterboards and other gypsum products in the case of the operation of combustion units with a total heat output of 20 MW or more CO2
20 Plants for the production of pulp from wood, straw or similar fibre materials CO2
21
Plants for the production of paper, cardboard or paperboard with a production capacity of more than 20 tonnes per day CO2
22
Installations for the production of industrial applications in the case of the operation of combustion units with a total firing heat output of 20 MW or more CO2
23
Plants for the production of nitric acid
CO2,
N2O
24
Plants for the production of adipic acid
CO2,
N2O
25
Plants for the production of glyoxal or glyoxylic acid
CO2,
N2O
26 Installations for the production of ammonia CO2
27


Plants for the production of basic organic chemicals (alkenes and chlorinated alkenes; alkynes; aromatics and alkylated aromatics; phenols, alcohols; aldehydes, ketones; carboxylic acids, dicarboxylic acids, carboxylic anhydrides and dimethyl terephthalate; epoxides; Vinyl acetate, acrylonitrile; caprolactam and melamine) with a production capacity of more than 100 tonnes per day CO2
28

Plants for the production of hydrogen or synthesis gas by reforming, partial oxidation, water-gas shift reaction or similar processes with a production output of more than 25 tonnes per day CO2
29 Plants for the production of sodium carbonate and sodium bicarbonate CO2
30





Installations for the deposition of greenhouse gases from installations according to points 1 to 29 for the purpose of transport and geological storage, in accordance with the provisions of Directive 2009 /31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85 /337/EEC and Directives 2000 /60/EC, 2001 /80/EC, 2004 /35/EC, 2006 /12/EC and 2008 /1/EC of the European Parliament and of the Council and of the Regulation (EC) No 1013/2006 (OJ L 210, 31.7. OJ L 140, 5.6.2009, p. 114) CO2
31
Piping systems for the transport of greenhouse gases for the purpose of geological storage in a storage site authorised in accordance with Directive 2009 /31/EC CO2
32
Storage site for the geological storage of greenhouse gases authorised in accordance with Directive 2009 /31/EC CO2
33


However, in the case of Member States of the European Union, flights to or from an aerodrome ending in a territory of a Contracting State of the Agreement on the European Economic Area shall, in the case of Member States of the European Union, only be The Treaty on European Union shall apply in the field.
CO2
Not covered by this activity:
a) Flights carried out exclusively to
aa) monarchs and monarchs and their immediate family members,
bb) Heads of state, heads of state, government ministers and government ministers and government ministers
of a non-Member State of the Agreement on the European Economic Area, in an official mission, to the extent that this is indicated by an appropriate status indicator in the flight plan;
b) military flights in military aircraft as well as customs and police flights;
c) Flights in connection with search and rescue operations, fire-fighting flights, humanitarian flights and ambulance flights in medical emergencies, to the extent that the competent authority has been approved;
d) Flights carried out exclusively by visual flight rules within the meaning of Articles 28 and 31 to 34 of the Air Traffic Order;
e) Flights in which the aircraft shall return to the home airfield without an intermediate landing;
f) Exercise flights carried out solely for the purpose of acquiring a pilot certificate or a licence for the crew, provided that this is indicated in the flight plan; these flights may not be used for the carriage of passengers or freight or to the the positioning or transfer of aircraft;
g) flights solely for scientific research or for the control, testing or approval of aircraft or equipment, whether they are on board or ground equipment;
h) Flights from aircraft with a maximum starting mass of less than 5,700 kilograms;
i) Flights within the framework of public service obligations under the conditions laid down in Article 16 of Regulation (EC) No 1008/2008 on routes within the outermost regions within the meaning of Article 349 of the Treaty on the Functioning of the European Union European Union or on routes with a maximum capacity of 30 000 seats per year;
j) Flights which are not already covered by points (a) to (i) and are carried out by an aircraft operator who, in respect of charges, shall provide scheduled or scheduled air services to the public in respect of which he or she passengers, freight or cargo Mail (commercial aircraft operator), provided that:
aa) within a calendar year, each aircraft operator shall carry out less than 243 such flights in the periods January to April, May to August and September to December, or
bb) the total annual emissions of such flights by this aircraft operator shall be less than 10 000 tonnes;
this exception shall not apply to flights exclusively for the carriage of ruling monarchs and monarchs and their immediate family members, as well as of State and Heads of State, Government Heads of Government and Government, and to the Government ministers of a Member State of the Agreement on the European Economic Area shall be held in the performance of their duties.
Unofficial table of contents

Annex 2 (to section 5 (1), section 6 (1) sentence 2, paragraph 2, sentence 2,
Section 13 (4), § 30 (2), first sentence, and § 32 (1) (1))
Requirements for the submission and approval of monitoring plans in accordance with § § 6 and 13 as well as on the determination of emissions and the reporting according to § 5

(Fundstelle: BGBl. I 2011, 1492)
Part 1
Time limits for the submission of a monitoring plan
1.
The following deadlines shall apply for the submission of a monitoring plan in accordance with the first sentence of Article 6 (1):
a)
For operators of installations which have been put into service no later than 10 months before the start of a trading period, the period shall end five months before the start of the trading period;
b)
Operators of installations which have been put into service later than ten months before the start of a trading period shall submit the monitoring plan prior to the installation of the plant;
c)
Aircraft operators who have taken up their duties by 28 July 2011 must submit a monitoring plan on emissions reporting for the years 2010 to 2012 immediately after 28 July 2011;
d)
Aircraft operators taking up their activities after the date referred to in point (c) shall immediately, after that date, have a monitoring plan on emission reporting for the years 2010 to 2012, provided that they do not yet have expired;
e)
Aircraft operators taking up their activities by 31 August 2012 will have to submit a monitoring plan on emissions reporting for the 2013 to 2020 trading period by 30 September 2012;
f)
Aircraft operators operating in accordance with the dates referred to in point (e) shall immediately, after that date, have a monitoring plan on emission reporting for the 2013 to 2020 trading period, to the extent that: has not yet expired.
2.
Aircraft operators shall submit the monitoring plan for the identification and reporting of the transport performance for the second calendar year of the current trading period in accordance with section 13 (4) at the latest three months before the beginning of the second calendar year of the the current trading period.
Part 2
Requirements for the identification of emissions and emission reporting An operator has to determine its emissions according to its approved monitoring plan. To the extent that this monitoring plan does not apply, it shall identify and report the emissions according to the monitoring regulation and the legal regulation in accordance with Section 28 (2) (1). To the extent that these do not apply, the following regulations must be observed:
1.
In the case of oxidation processes, an oxidation factor of 1 must be used; incomplete combustion is also not taken into account in the determination of the emission factor.
2.
The CO2 emissions of installations as defined in Annex 1, Part 2, points 8 to 10, shall be recorded in the balance sheet and the balance of carbon content of the CO2-relevant inputs and outputs, in so far as these plants are considered to be a single installation in accordance with Article 24; Joint power plants at the site of iron and steel production plants must not be accounted for together with the other plants.
By way of derogation from the second sentence, aircraft operators shall be responsible for determining the emissions of the year 2012 in accordance with Commission Decision 2007 /589/EC. Unofficial table of contents

Annex 3 (omitted)

Unofficial table of contents

Annex 4 (omitted)

Unofficial table of contents

Annex 5 (to § 27 (4) and § 28 (1) (5) (e))
Calculation of the specific emission reduction as well as the compensatory amount in case of non-compliance with the voluntary obligation pursuant to Article 27 (4)

(Fundstelle: BGBl. I 2011, 1496-1497)
Part 1
Calculation of the specific emission reduction in accordance with § 27 (4)
1.
Plant-specific emission value for the calculation of the specific emission reduction
a)
The plant-specific emission value for the initial value of the calculation of the specific emission reduction shall be the quotient of the amount of emissions and the quantity of production of the plant in question in the relevant allocation for the allocation in accordance with § 9 Base period; for the calculation of the emission value, the data used in the allocation method are relevant. The annual required reduction of the specific emission value of the plant by 1.74 per cent will start for the first time in 2010.
b)
Proof of the required reduction in the plant-specific emission value may also be carried out jointly for a number of installations subject to the obligation laid down in Article 27 (2) (2), provided that all installations are designated in the exemption applications , for which a common documentary evidence is provided. In such cases, the reduction contributions of the individual installations according to Formula 7, as determined in accordance with point (a), shall be based on the share of the emission quantity of each individual installation in the total emissions of all the units in the common evidence. Investments in the base period applicable to the allocation according to § 9.
2.
Calculation formulas
a)
Calculation formulas for individual systems-proof

Formula 1 (Fulfilment of the obligation to minors): E-Mind-Is (n) ≥ E-Mind-Target (s)

Formula 2 (Necessary Minor Percentage): E-Mind-Target (s) = 1,74 x (n-2009)

Formula 3 (Reached reduction percentage): E-Mind-Is (n) = 100-(E (n) x 100)/EBas)
b)
Calculation formulas for common proof

Formula 4 (Fulfilment of the obligation to minors): EPool-Is (n) ≥ EPool-Soll (s)

Formula 5 (Necessary Minor Percentage): EPool Soll (s) = 1,74 x (n-2009)

Formula 6 (Reached the minority percentage of the individual plant): EPool-Is-Sg (a, n) = 100-(E (a, n) x 100)/(EBas (a))

Formula 7 (weighting of the reduction contributions in the case of common proof):
Explanation of the abbreviations:
Formulae 1 to 3:
N Index of the reference year in the trading period 2013-2020
EMind-Is (n) Achieved reduction of the plant-specific emission value for the reporting year n as a percentage
EMind Target (s) Required reduction of the plant-specific emission value for the reporting year n as a percentage
E (n) In the year under review n achieved plant-specific emission value in t CO2Äq per product unit
EBas In the base period for the allocation decision in accordance with § 9 of achievement of a plant-specific emission value in t CO2Äq
Formulae 4 to 7:
A Index of installations on common proof
N Index of the reference year in the trading period 2013-2020
EPool Is (n) Reduction of the emission value of all installations included in the common proof for the year under review n as a percentage
EPool-oll (s) Required reduction of the emission value for the reporting year n as a percentage
EPool-Is-Sg (a, n) Reduction of the specific emission value of asset a for the reporting year n in percentage
E (a, n) In the year under review n achieved plant-specific emission value in t CO2Äq per product unit
EBas (a) In the base period for the allocation decision in accordance with § 9 of achievement of a plant-specific emission value in t CO2Äq
W (a) Weighting factor of the reduction contribution of a Appendix a corresponding to point 1 (b) as a percentage

Part 2
Calculation of the compensatory amount for non-performance
the obligation under § 27 (4) sentence 4 and 5 If, in the case of § 27 (4) sentence 4, the obligation pursuant to § 27 (4) sentence 1 has not been fulfilled in a period of three consecutive reporting years, the following results are obtained: Compensatory amount from the calculated payment obligation shall be reduced by an amount resulting from the application of a reduction factor to the calculated payment obligation. The reduction factor corresponds to the ratio of the reduction in the specific emission value achieved in the three-year period to a percentage point of 5.22 percentage points. The amount of the payment obligation shall be calculated in accordance with Article 27 (3). In the case of the cases governed by Article 27 (4), sentence 5, the sentences 2 to 4 shall apply accordingly, with the relevant values being adapted to the shortened periods.