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Law on the national allocation plan for greenhouse gas emission allowances in the 2005 to 2007 allotted period

Original Language Title: Gesetz über den nationalen Zuteilungsplan für Treibhausgas-Emissionsberechtigungen in der Zuteilungsperiode 2005 bis 2007

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Law on the national allocation plan for greenhouse gas emission allowances in the 2005 to 2007 allotment period (allocation act 2007-ZuG 2007)

Unofficial table of contents

ZuG 2007

Date of completion: 26.08.2004

Full quote:

" Allocation Act 2007 of 26 August 2004 (BGBl. 2211), as last amended by Article 2 (46). Article 4 (29) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status: Last amended by Art. 2 (46) and Art. 4 (29) G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote 

(+ + + Text evidence from: 31.8.2004 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 87/2003 (CELEX Nr: 303L0087) + + +)

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. EU No L 275 p. 32). Unofficial table of contents

Content Summary

Section 1
General provisions
§ 1 Purpose of the law
§ 2 Scope
§ 3 Definitions
Section 2
Quantity planning
§ 4 National emission targets
§ 5 Fulfillment Factor
§ 6 Reserve
Section 3
Allocation Rules
Subsection 1
Basic rules for dispatch
§ 7 Allocation for existing installations on the basis of historical emissions
§ 8 Allocation for existing installations on the basis of declared emissions
§ 9 Setting the operation of plants
§ 10 Allocation for new plants as spare parts
§ 11 Allocation for additional new installations
Subsection 2
Special allocation rules
§ 12 Early emission reductions
§ 13 Process-related emissions
§ 14 Special allocation for plants with combined heat and power
§ 15 Special allocation for the cessation of the operation of nuclear power plants
Subsection 3
General rules on allocation
§ 16 Further determination of the calculation of the allocation
§ 17 Verification of information
§ 18 Free allocation
Section 4
Output and transfer of permissions
§ 19 Output
§ 20 Exclusion of permissions
Section 5
Common rules
Section 21 Irregularities
Section 22 Competent authority
Section 23 Fees and expenses for individually attributable public services under this Act
§ 24 entry into force
Annex 1 Calculation formulas
Annex 2 Comparability of installations

Section 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

The purpose of this law is to achieve national targets for the emission of carbon dioxide in Germany as well as rules for the allocation and issueof emission allowances to the operators of plants with a view to the 2005 to 2007 allocation period. 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), have been amended. Unofficial table of contents

§ 2 Scope

This law applies to the release of greenhouse gases by installations which are within the scope 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) is subject to change. Unless otherwise specified, it shall apply for the 2005 to 2007 allocation period. Unofficial table of contents

§ 3 Definitions

(1) Unless otherwise specified, the definitions of the Greenhouse Gas Emissions Trading Act shall apply. (2) For the purposes of this Act, the following shall apply:
1.
New installations: installations which are put into service after 31 December 2004,
2.
Start-up: the first-time recording of the control operation,
3.
Quantity of production: the quantity of product units produced each year in an installation.

Section 2
Quantity planning

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§ 4 National emission targets

(1) A general objective for the emission of carbon dioxide in Germany shall be established, which shall ensure compliance with the obligation to reduce the emissions of the Federal Republic of Germany in accordance with Council Decision 2002/358/EC of 25 April 2002 on the Approval of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, on behalf of the European Community, and joint fulfilment of the obligations arising therefrom (OJ C 327, 30.4.2004, p. EC No L 130 p. 1, No L 176 p. 47). This target is 859 million tonnes of carbon dioxide per year in the 2005 to 2007 allocation period. In the 2008 to 2012 allocation period, the target is 844 million tonnes of carbon dioxide per year. (2) The overall target for the 2005 to 2007 allocation period is divided into the sectors in which millions of tonnes of carbon dioxide are distributed per year as follows: Carbon dioxide emissions are as follows:
- Energy and industry 503
- other sectors 356
of which:
- Transport and households 298
- Trade, trade and services 58.
(3) The general objective for the allocation period 2008 to 2012 is to be allocated to the sectors in millions of tonnes of carbon dioxide per year as follows:
- Energy and industry 495
- other sectors 349
of which:
-Transport and households 291
-Trade, trade and services 58.
The targets set out in the first sentence will be adopted by decision of the National Allocation Plan for the allocation period 2008 to 2012 according to § 7 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) was revised in 2006. (4) The total quantity of allowances to be allocated under the provisions of this law, with the exception of the allowances to be allocated under section 11, exceeds the equivalent of 495 million tonnes of carbon dioxide per year. the allocations made in accordance with the said provisions to the installations subject to the performance factor shall be reduced proportionately. Unofficial table of contents

§ 5 Performance factor

The fulfilment factor for the 2005 to 2007 allocation period is 0,9709. Unofficial table of contents

§ 6 Reserve

(1) Authorisation for the emission of 9 million tonnes of carbon dioxide equivalent shall be reserved as a reserve to the allocation decisions taken in accordance with § 11. (2) Insofar as allowances are returned pursuant to § 7 para. 9 or as a result of the withdrawal of Any allocation decisions pursuant to § 8 (4), § 9 (1), § 10 (4) sentence 2, section 11 (5) and § 14 (5) shall be made available to the reserve. (3) Insofar as allocation decisions pursuant to § 11 require this, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance a body to buy allowances on its own account and to make it available to the competent authority for free for the purpose of allocation. In order to compensate for this, in the allocation period 2008 to 2012, the authorized body receives a quantity of allowances for sale on the market from the reserve set up for this period, which is the amount of the amount of allowances to be sold in the 2005 to 2007 allocation period. the authority responsible for the purposes of the first sentence corresponds to the allowances purchased.

Section 3
Allocation Rules

Subsection 1
Basic rules for dispatch

Unofficial table of contents

§ 7 Allocation for existing installations on the basis of historical emissions

(1) Equipment which has been put into service until 31 December 2002 shall be allocated, on request, in a number equal to the average annual carbon dioxide emissions of the plant in a computerised product. The base period, the fulfilment factor and the number of years of the 2005 to 2007 allocation period. The average annual carbon dioxide emissions of a plant shall be determined in accordance with the provisions of a regulation based on § 16. The quantity of allowances for which allowances shall be allocated in accordance with the first sentence shall be calculated in accordance with the provisions of Formula 1 of Annex 1 to this Act. (2) For installations which have been put into service by 31 December 1999, the base period shall be 1 January 2000. until 31 December 2002. (3) For installations which have been put into service in the period from 1 January 2000 to 31 December 2000, the base period shall be from 1 January 2001 to 31 December 2003. (4) For installations which have been put into service during the period from 1 January 2001 to 31 December 2001, the base period is the period from 1 January 2001 to 31 December 2001. 1 January 2001 to 31 December 2003. In this connection, the carbon dioxide emissions determined for the operating year 2001 shall be calculated to a full year of operation, taking into account the factors typical of the industry and of the property. (5) For installations whose commissioning in the period from 1 January From 2002 to 31 December 2002, the base period shall be from 1 January 2002 to 31 December 2003. (6) In so far as the capacity of an installation has been extended or reduced between 1 January 2000 and 31 December 2002, the date of the last enlargement shall be determined for the purposes of determining the base period; or (7) In the case of coal or lignite-based condensation plants, which were put into service more than 30 years ago and which were used in lignite-fired power plants, from 1 January 2008 an electrical efficiency (net) of at least 31 per cent or from 1. On 1 January 2010, an electrical efficiency (net) of at least 32 per cent or in the case of coal-fired power plants will not achieve an electrical efficiency (net) of at least 36 per cent from 1 January 2008, will be allocated for the second , as well as any subsequent allocation period with effect from the said dates of the respective applicable fulfilment factor by 0.15. This shall not apply to lignite power stations which have been replaced within a period of two years from the dates referred to in the first sentence by an installation within the meaning of § 10. The reduced performance factor shall be used for the allocation referred to in the first sentence of paragraph 1 for calendar years or parts of a calendar year beyond the point in time at which the installation has been operated for more than 30 years. Power plants are also considered as condensing power plants within the meaning of the first sentence, if they only decouple useful heat to an inconsiderable extent; the Federal Government shall determine the approximation by means of legal regulation. (8) For installations referred to in paragraphs 1 to 5, the Application for allocation pursuant to § 10 paragraph 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), the information required in accordance with the preceding paragraphs shall be provided on:
1.
the average annual carbon dioxide emissions of the facility in the base period,
2.
in addition, in the cases referred to in paragraphs 4 and 5, the high-level carbon dioxide emissions of the plant and the factors of influence taken into account in the case of high-rise,
3.
in the case of condensation power plants on coal or lignite basis, the date of entry into service and
4.
in the case of coal or lignite-based condensation plants, which have been operated for more than 30 years until the end of each allocation period, in addition the indication of the electrical efficiency (netto).
(9) In so far as the carbon dioxide emissions of a calendar year are less than 60 per cent of the average annual carbon dioxide emissions in the respective base period as a result of production declines, the operator shall, by 30 April of the the following year allowances shall be returned to the competent authority corresponding to the difference in carbon dioxide emissions in carbon dioxide equivalent. The obligation to surrender allowances in accordance with § 6 (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. 10) If an allocation on the basis of historical emissions in accordance with the above provisions, due to special circumstances in the base period applicable to the installation, is changed by at least 25% to cover the expected lower carbon dioxide emissions caused by the plant during the 2005 to 2007 allocation period, and thus to the undertaking carrying the economic risks of the installation, have significant economic disadvantages, and at the request of the operator, the Allocation shall be determined with the appropriate application of § 8. The application of a fulfilment factor remains unaffected. Special circumstances within the meaning of the first sentence shall be in particular where:
-
it came to longer downtimes due to the repair, maintenance or modernisation of installations or for other technical reasons,
-
an installation has only gradually been used, due to the entry into service or the gradual expansion of the installation itself, a system upstream or downstream, an installation part or a subsidiary device,
-
are carried out in an installation, production processes or technical processes previously carried out in other installations, plant parts or subsidiary facilities which have either been shut down or have not been included in the scope of this the law, or
-
In the course of the operating time, an installation has a rising fuel efficiency loss which is not to be avoided in terms of process technology.
In the case of the last sentence of sentence 3, the first sentence shall apply if the allocation on the basis of historical emissions in the base period applicable to the installation is at least 9 per cent lower than for the coverage of the historical emissions in the base period. During the 2005 to 2007 part-session, it is necessary to expect the carbon dioxide emissions caused by the installation. If the total amount of allowances to be allocated under this paragraph exceeds the equivalent of 3 million tonnes of carbon dioxide for the 2005 to 2007 allocation period, the additional allocation shall be reduced pro rata. (11) an allocation on the basis of historical emissions in accordance with the above provisions, due to special circumstances, an unreasonable hardship for the undertaking which bears the economic risks of the installation, shall be allocated at the operator's request (12) At the request of the The operator shall be assigned the allocation instead of this rule in accordance with § 11. § 6 shall not apply. Unofficial table of contents

§ 8 Allocation for existing plants on the basis of declared emissions

(1) For installations which have been put into service in the period from 1 January 2003 to 31 December 2004, allowances shall be allocated on request in a number equal to the calculated product of the declared average annual Carbon dioxide emissions and the number of years of the 2005 to 2007 allocation period. A performance factor shall not apply to twelve calendar years following the year of entry into service. The average annual carbon dioxide emissions of an installation to be reported shall be determined by the calculated product from the capacity of the plant, the expected average annual utilization level and the emission value per year. the product unit of the installation. Where the emission value per product unit produced cannot be determined because different products are produced in the plant, the average annual carbon dioxide emissions to be expected from the installation shall be set down. The calculation shall be based on the provisions of a legal regulation according to § 16. The amount of emission for which allowances are to be allocated in accordance with the first sentence is calculated in accordance with the formula 2 of Annex 1 to this Act. (2) For installations referred to in paragraph 1, the application for allocation in accordance with § 10 (1) of the greenhouse gas emissions trading act must be submitted by the 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), which contain the information required in accordance with the preceding paragraph, on:
1.
the expected annual production volume of the plant, which is to be expected from the capacity and capacity utilisation of the installation,
2.
the required fuels and raw materials relevant for the emission of carbon dioxide,
3.
except in the cases referred to in the fourth sentence of paragraph 1, the emission value of the installation per product unit produced; and
4.
the average annual emissions of carbon dioxide in the plant to be expected in accordance with the information required under points 1 and 2.
(3) The operator of an installation referred to in paragraph 1 shall be obliged, in the current allocation period, to indicate to the competent authority, by 31 January of each year, the actual quantity of production for the previous year and, in the case of the competent authority, to Proof of form. To the extent that less than one year has elapsed since the plant was put into service on 31 January of a year, the indication of the actual quantity of production for that period must be indicated by 31 January of the following year. (4) Where the actual production quantity is Where the production volume is less than the quantity of production declared in accordance with paragraph 2 (1) or the quantity produced on the basis of an earlier indication, the competent authority shall revoke the decision to grant the allotment with effect for the past, and shall: Allocation quantity taking into account the information referred to in the first sentence of paragraph 3 and the annual to the partial quantities to be issued in accordance with section 19 (1) of the new law. To the extent that an allocation decision has been revoked, the operator has to return allowances to the extent of the allowances to be issued too much. (5) For the period from 1 January 2003 to 31 December 2004, the operator has been granted an extension of The capacities of an existing facility shall be subject to paragraphs 1 to 4; the allocation for the installation shall also take place in accordance with § 7. (6) § 7 (12) shall apply accordingly. Unofficial table of contents

§ 9 Setting of the operation of plants

(1) If the operation of an installation is discontinued, the competent authority shall revoke the allocation decision; this shall not apply to allowances which have been issued before the date of the establishment of the plant. To the extent that an allocation decision has been revoked, the operator shall return allowances to the extent of the allowances to be issued too much. The operator may rely on the omission of enrichment in accordance with the provisions of the Civil Code, unless he knew the circumstances or did not know in the light of gross negligence leading to the revocation of the administrative act. (2) The operator of an installation shall immediately notify the competent authority of the suspension of the operation of an installation. (3) The competent authority may review the continued operation of an installation. Section 21 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) The revocation referred to in the first sentence of paragraph 1 shall be maintained in so far as the production of the installation by another existing installation of the same operator within the meaning of § § 7 and 8 in Germany. , which shall be comparable to the Appendix to this Act, as set out in Annex 2. The operator of the plant receiving the production shall be obliged to prove, by 31 January of each year, the actual production volume of the previous year in a suitable form. To the extent that the actual multi-production in the other plant is less than indicated in relation to the base period, the Authority shall redefine the allocation taking into account the actual production volume. Unofficial table of contents

§ 10 Allocation for new plants as spare parts

(1) An operator shall replace an installation within the meaning of § 7 within a period of three months after the termination of its operation by putting into service a new plant in Germany which is the replaced plant in accordance with the provisions of Annex 2 to this Act , on request for four years of operation, the new facility shall be allocated allowances for the new installation to the extent that it is based on the corresponding application of Section 7 (1) to (6), (10) and (11) to the replaced installation , by way of derogation from Article 3 (2) (2), the commissioning shall also include the following: Recording or continuation of a trial operation after 31 December 2004. In the case of the allocation for the four years of operation, a performance factor will be taken into account as it would have been applicable to the replaced installation. The operator shall be allocated allowances for the new installation for a further 14 years without the use of a performance factor. The number of allowances to be allocated in an allocation period shall be equal to the calculated product from the average annual carbon dioxide emissions of the plant in accordance with the applicable allocation law. the basic period and the number of years of the respective allocation period for which no allocation in accordance with the first sentence is made. Sentences 1 to 4 shall apply when a new installation is put into service by the successor of the operator of the replaced installation or by another operator, provided that the operator of the new installation and the operator of the new installation (2) if the capacity of the new installation exceeds the capacity of the replaced installation, the allocation of allowances in accordance with § 11 may be requested for the difference. If the capacity of the new installation is less than the capacity of the replaced installation, the allocation referred to in paragraph 1 shall be reduced in proportion to the difference. Where an operator makes the operation of a number of installations, or if it operates several new installations, the rates 1 and 2 shall be the sum of the capacity of the installations whose operation has been set and the sum of the capacities. (3) If a period of more than three months, but not more than two years, is between the cessation of the operation of an installation and the putting into service of the new installation replacing the installation, the competent authority to grant allowances in accordance with the rules referred to in paragraph 1, if: the operator proves that the start-up of the new installation within the three-month period was not possible due to technical or other framework conditions for commissioning. In the cases of the first sentence, allowances shall be allocated under the conditions laid down in the first sentence of paragraph 1 in proportion to the date of entry into service of the new installation. (4) The entry into service of a new installation shall be carried out within a period of time of two years before the establishment of a plant to be replaced by the new installation, in the case of an application referred to in paragraph 5, paragraphs 1 to 3 shall apply with the proviso that the period referred to in the third sentence of paragraph 1 by the time period shall be: in which the new plant has been operated in parallel with the installation replaced by it. If an allocation decision pursuant to § 11 has been issued for the new installation, this decision shall be revoked in proportion to the time after the establishment of the replaced installation. To the extent that an allocation decision has been revoked, the operator has to return allowances to the extent of the allowances to be issued too much. (5) The application for allocation pursuant to § 10 paragraph 1 of the greenhouse gas emissions trading law of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), information must be provided on:
1.
the date of entry into service of the new installation and the date of the establishment of the plant, which shall be replaced by the new installation,
2.
the characteristics of the new plant which justify its comparability in accordance with the provisions of Annex 2 to this Act, with the installation replaced by the new installation,
3.
in the case of the fifth sentence of paragraph 1, the contractual agreement underlying the application for the allocation referred to in paragraph 1, and
4.
in the cases referred to in the first sentence of paragraph 3, the reasons for not being able to enter into service within the three-month period referred to in paragraph 1.
The application for the allocation of allowances referred to in paragraph 1 shall be submitted no later than the date of entry into service of the new installation, in the cases referred to in paragraph 4, with the indication of the cessation of the operation of the installation replaced by this Appendix in accordance with Article 9 (2). (6) In the event of an extension of the capacity of existing installations after 31 December 2004, paragraphs 1 to 5 shall apply to the new capacity of the installation; for the rest of the installation, § 7 or § 8 shall apply. Unofficial table of contents

§ 11 Allocation for additional new installations

(1) New installations, for which an operator has not submitted a request for allocation pursuant to § 10, shall be allocated, on request, in a number equal to the average annual production quantity to be expected from the expected average annual production volume, the the emission value of the installation per product unit produced and the number of calendar years in the allocation period since the entry into service; by way of derogation from § 3 (2) (2), the entry into service within the meaning of this provision shall also include the inclusion or Continuation of a trial operation after 31 December 2004. If the new plant has not been operated from the beginning of a calendar year, 1/365 shall be taken into account for the calendar year of commissioning for each day of operation. A performance factor does not apply. The capacity of the new plant and the average annual activity level to be expected shall be determined in accordance with the provisions of a regulation according to Article 16; the emission value of a new plant per product unit produced shall be determined by: The conditions laid down in paragraphs 2 and 3 shall be based on the use of the best available techniques. The quantity of allowances for which allowances shall be allocated in accordance with the first sentence shall be calculated in accordance with the provisions of Formula 3 of Annex 1 to this Act. Allowances shall be allocated in accordance with the rates 1 to 4 for the first 14 years of operation since the plant was put into service. (2) For electricity generating installations, the emission value per product unit produced shall not exceed 750 grams of carbon dioxide. per kilowatt hour, but not more than the emission value of the plant, which can be achieved using the best available techniques, but not more than 365 grams of carbon dioxide per kilowatt hour. In the case of combined heat and power plants, an allocation shall be made in respect of the quantity of electricity to be expected, in accordance with the provisions of the first sentence, on the basis of a technically comparable plant for the exclusive production of electricity, and in addition to that an allocation in respect of the expected quantity of heat produced in accordance with a regulation in accordance with the provisions of the fourth sentence. In the case of combined heat and power plants, the amount of emission allowances shall be calculated for the allowances referred to in the first sentence of paragraph 1, by way of derogation from the fifth sentence of paragraph 1 of the first sentence of Formula 4 of Annex 1 to that Act. The Federal Government may, on the basis of the best available techniques, use the emission values per product unit produced for groups of plants with comparable products, in particular for the products process steam, cement clinker, container glass, Flat glass, bricks and roofing tiles as well as installations for hot water shall be defined by legal regulation. (3) Insofar as new plants do not fall under the groups referred to in the first sentence of paragraph 2, nor in a group of plants for which an emission value is established product unit as referred to in the third sentence of paragraph 2, shall be determined the emission value per unit of product produced according to the average annual emissions of carbon dioxide to be expected, which shall be achievable for the installation in question by applying the best available techniques. Where it is not possible to set an emission value per unit of product, because different products are produced in the plant, the allocation shall be calculated by way of derogation from the first sentence of paragraph 1, in accordance with the expected average number of products. annual emissions using the best available techniques. (4) For new plants pursuant to paragraph 1, the application for allocation in accordance with § 10 (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), which contain proof of the approval required under the Federal Immission Control Act, as well as information on
1.
the date of the planned start-up,
2.
the expected average annual production volume of the plant resulting from the capacity and capacity utilization of the plant;
3.
in addition, in the cases referred to in paragraph 3, the intended combustion and raw materials relevant for the emission of carbon dioxide,
4.
in the cases referred to in the first sentence of paragraph 3, in addition to the emission value of the installation per product unit produced by the allocation decision, and the reasons why the emission value in approach is the one for the installation, where best available techniques are used, in the cases referred to in the second sentence of paragraph 3, in addition, the best available techniques shall be applied,
5.
the expected average annual carbon dioxide emissions of the plant, in accordance with the information required under points 1 to 4.
The application for allocation must be made no later than the commissioning of the plant. (5) § 8 (3) and (4) shall apply. (6) When new capacities of an existing plant are put into service after 31 December 2004, the Paragraphs 1 to 5 shall apply to the new capacities; for the rest of the installation, § 7 or § 8 shall apply.

Subsection 2
Special allocation rules

Unofficial table of contents

§ 12 Early emission reductions

(1) On application, the competent authority shall, in the application of Section 7, set a performance factor of 1, provided that an operator proves emission reductions resulting from modernisation measures which have been completed after 1 January 1994. This shall apply to twelve calendar years following the completion of the modernisation measure. The first sentence shall not apply to reductions in emissions which have been caused by the replacement of the holding of an installation or by means of declines in production, or which had to be carried out on the basis of statutory requirements. The extent of the emission reductions to be detected shall be determined after the date of completion of the last modernisation measure, with the completion of modernisation measures until the end of the modernization measure.
as of 31 December 1994, at least 7 per cent,
at 31 December 1995, at least 8 per cent,
as of 31 December 1996, at least 9 per cent,
as of 31 December 1997, at least 10 per cent,
as of 31 December 1998, at least 11 per cent,
as of 31 December 1999, at least 12 per cent,
as of 31 December 2000, at least 13 per cent,
as of 31 December 2001, at least 14 per cent, or
as at 31 December 2002 at least 15 per cent
Emission reductions can be detected. If the proven emission reduction is more than 40 per cent, the fulfilment factor 1 shall be set for the periods 2005 to 2007 and 2008 to 2012. (2) An emission reduction within the meaning of paragraph 1 shall be the difference between the two average annual energy-related carbon dioxide emissions of the installation per product unit produced in the reference period and the average annual energy-related carbon dioxide emissions of the plant per product unit produced in the base period 2000 to 2002. The reference period shall consist of three consecutive calendar years, designated by the applicant, in the period from 1991 to 2001. The average annual energy-related annual carbon dioxide emissions of a plant and the generated product units to be applied shall be determined in accordance with the provisions of the legal regulation according to § 16. By way of derogation from § 7 (1) sentence 3, the amount of emission for which allowances are to be allocated in accordance with Section 7 (1) sentence 1 shall be calculated in accordance with the formula 5 of Annex 1 to this Act. (3) In the case of capacity expansion, the emission reduction shall be calculated according to (2) the difference between the average annual energy-related emissions of carbon dioxide per product unit produced from the extended part of the facility in the base period and the average annual energy-related energy-related Carbon dioxide emissions per product unit produced from the plant before enlargement in the Reference period. (4) Paragraphs 1 and 2 apply to combined heat and power plants within the meaning of Article 3 (2) of the Force-Heat-Coupling Act, with the proviso that the amount of heat produced as a product unit produced within the meaning of paragraph 2 shall be measured in accordance with the provisions of paragraph 2. Megajoule applies. To the extent that a modernised plant exclusively produces electricity, the quantity of electricity produced shall be measured in kilowatt hours as the product unit produced within the meaning of paragraph 2. The detailed rules for the calculation of early emission reductions for combined heat and power plants are determined by the provisions of the legal regulation according to § 16. (5) The commissioning of an installation in the period from 1 January was successful. 1994 to 31 December 2002, a performance factor of 1 shall be based upon application for the allocation in accordance with § 7, without proof of a reduction in emissions for twelve calendar years following the year of operation. (6) The application referred to in paragraphs 1 and 5 is within the scope of the application pursuant to section 10 (1) 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). The request referred to in paragraph 1 shall contain the information required in accordance with the preceding paragraphs on:
1.
the average annual energy-related carbon dioxide emissions of the plant, in the cases referred to in paragraph 3 of the extended plant, per product unit produced in the selected reference period and the average annual energy-related energy-related carbon dioxide emissions from the installation per product unit produced in the base period referred to in the first sentence of paragraph 2,
2.
the amount of emission reductions and the date of completion of the last modernisation measure referred to in the second sentence of paragraph 1; and
3.
the level of emission reductions that had to be carried out on the basis of legal requirements.
The request referred to in paragraph 5 shall contain information on:
1.
the average annual energy-related carbon dioxide emissions from the plant per unit produced in the base period referred to in the first sentence of paragraph 2; and
2.
the date of entry into service of the plant.
Unofficial table of contents

Section 13 Process-related emissions

(1) By way of derogation from § 7 for process-related emissions, the competent authority shall, on request, specify a performance factor of 1, provided that the proportion of the total emissions of a plant is 10 per cent or more of the total emissions of a plant. (2) Process-related emissions are all releases of carbon dioxide into the atmosphere at which the carbon dioxide is produced as a product of a chemical reaction that is not combustion. The detailed rules for the calculation of process-related emissions of an installation are determined by the provisions of the legal regulation according to § 16. By way of derogation from § 7 (1) sentence 3, the amount of emission for which allowances pursuant to paragraph 1 are to be allocated shall be calculated in accordance with the provisions of Formula 6 of Annex 1 to this Act. (3) The application pursuant to paragraph 1 shall be submitted in the context of the application pursuant to Article 10 (1) 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). It shall contain the information required in accordance with the preceding paragraphs on the level of the total emissions of a plant, regulated in a Regulation referred to in the second sentence of paragraph 2, and the proportion of carbon dioxide emissions due to the process of the process. Unofficial table of contents

Section 14 Special allocation for power-to-heat-coupling plants

(1) On request, the competent authority shall, in addition to an allotment in accordance with the provisions of subsection 1, notify operators of combined heat and power plants within the meaning of Section 3 (2) of the Force-Heat-Coupling Act of 19 March 2002 (BGBl. 1092), as defined by Article 136 of the Regulation of 25 November 2003 (BGBl. 2304), allowances for the emission of 27 tonnes of carbon dioxide equivalent per gigawatt hour of electricity produced in combined heat and power (CHP). (2) The allocation is based on the product of the Average annual amount of CHP net electricity generation and the number of years of the 2005 to 2007 allocation period. The respective base period determined in accordance with § 7 is decisive for the quantity set out in the first sentence, in the cases of § 8 (1) the registered cogeneration net electricity generation; in these cases, § 8 (3) and (4) shall not apply. The amount of emission for which allowances under paragraph 1 are to be allocated shall be calculated in accordance with the provisions of Formula 7 of Annex 1 to this Act. (3) The application pursuant to paragraph 1 shall be within the scope of the application pursuant to Article 10 (1) of the Greenhouse Gas Emissions Trading Act (GHG) of 8. July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163). It shall contain the information required in accordance with paragraph 2 on the quantity of net electricity generated by cogeneration. § 10 (1) sentence 3 of the Greenhouse Gas Emissions Trading Act of 8 July 2004 (BGBl.) is to be found in the data provided for in the second sentence of the second sentence. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. (4) The operator of the plant shall submit the settlement to the competent authority by 31 March of a year, for the first time in 2006, in accordance with § 8 (1) sentence 5 of the Force-Heat-Coupling Act of 19 March 2002. (BGBl. 1092), as defined by Article 136 of the Regulation of 25 November 2003 (BGBl. 2304). In so far as a combined heat and power plant does not feed electricity into a general supply network or feeds electricity without receiving a benefit under the combined heat and power law, the first sentence shall be applicable to the Cogeneration-net electricity generation of the plant or the net amount of electricity supplied to the network for the general supply. (5) The competent authority shall revoke the allocation decision with effect for the past, if the latter in the previous Calendar year of actual generated cogeneration of cogeneration is less than that corresponding to this year Allocation decision on the basis of the amount of electricity used. The amount of allowances allocated for each calendar year shall be reduced by 5 per cent for each percentage point by which the actual net electricity generated by the cogeneration is less than that of the allocation decision. To the extent that an allocation decision has been withdrawn, the operator shall return allowances to the extent of the allowances to be issued too much. (6) The net amount of cogeneration shall be reduced in comparison with that of the allocation decision. by more than 20 per cent, the allocation of allowances shall not be granted in accordance with paragraph 1. Unofficial table of contents

Section 15 Special allocation for the cessation of the operation of nuclear power plants

(1) At the request of an operator of a nuclear power plant which, by 30 September 2004, has indicated to the competent authority that the authorization to operate a nuclear power plant operated by the operator has been extinguisher in the period 2003 to 2007, the competent authority shall grant allowances to the operators of installations designated by the applicant in accordance with Annex 1 (No) I to III 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), in accordance with the requirements of the applicant. The competent authority shall distribute allowances in respect of a total of 1.5 million tonnes of carbon dioxide equivalent per year in relation to the capacity of the nuclear power stations to the incoming applications. The allocations to the operators designated in an application may not exceed the amount of the amount to be paid to an application in accordance with the second sentence. (2) The granting of the allowances shall be effected after the erasable of the entitlement to the performance of the service for the Nuclear power plant, which is based on the allocation.

Subsection 3
General rules on allocation

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Section 16 Further determination of the calculation of the allotment

The Federal Government may, by means of a legal regulation, enact provisions in accordance with Section 7 (1) sentence 2, § 8 (1) sentence 5, § 11 (1) sentence 4 and 2 sentence 4, § 12 (2) sentence 3 and section 4 sentence 3 and section 13 (2) sentence 2, which are used in the calculation of the number of shall be based on the allowances to be allocated in accordance with the provisions of this Section. Unofficial table of contents

Section 17 Review of information

The competent authority shall verify the operator's information required under this Act. It may appoint an expert to verify the operator's information in accordance with Article 11 (4) sentence 1 no. 4. On the first half-sentence of Section 10 (4) 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), the competent authority shall only assign allowances to the competent authority in so far as the accuracy of the information is sufficiently secure. Unofficial table of contents

§ 18 Free allocation

Allowances granted by the competent authority shall be free of charge. The collection of fees and outlays according to § 23 of this Act as well as in accordance with § 22 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), this shall remain unaffected.

Section 4
Output and transfer of permissions

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Section 19 Issue

(1) The allocated allowances shall be granted on the dates according to § 9 paragraph 2 sentence 3 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. 2). By way of derogation from paragraph 1, in the cases of § § 10 and 11, allowances allocated for the first year of operation shall be issued immediately after the allocation decision has been made, provided that it has not been carried out before 28 February of a calendar year. 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. Unofficial table of contents

§ 20 Exclusion of the transfer of allowances

By way of derogation from § 6 (4) sentence 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), the allowances for the 2005 to 2007 allocation period will not be transferred to the following allocation period. Authorizations pursuant to sentence 1 shall be deleted with the expiry of 30 April 2008.

Section 5
Common rules

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§ 21 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
, contrary to § 8 (3) sentence 1, proof not, not correct, not fully or not provided in good time,
2.
contrary to § 9 para. 2, an advertisement is not reimbursed, not correct or not timely, or
3.
contrary to § 9 (3) sentence 2 in connection with § 21 paragraph 2 sentence 1 no. 1 or 2 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), a measure referred to therein is not permitted.
(2) The administrative offence can be punished with a fine of up to fifty thousand euros. Unofficial table of contents

Section 22 competences

(1) Competent authority within the meaning of this Act is the Authority pursuant to Section 20 (1) sentence 2 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). (2) Where disputes under this Act are administered by administrative law, the Court of First Instance shall have jurisdiction in the proceedings against administrative acts of the Federal Environment Agency, in the district of which the Administrative Act has been adopted. The first sentence shall apply in accordance with commitment actions and actions for the determination of the invalidity of administrative acts. Unofficial table of contents

§ 23 Fees and charges for individually attributable public services under this Act

Fee-covering fees are charged for individually attributable public services under this law. The associated expenses shall also be reimbursed by way of derogation from Section 10 (1) of the Administrative Cost Act in the version valid until 14 August 2013. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety implements by means of law the amount of the fees and the costs to be reimbursable for individually attributable public services under this law and according to this law , adopted by law. Unofficial table of contents

Section 24 Entry into force

This Act shall enter into force on the day after the announcement. Unofficial table of contents

Annex 1 Calculation formulae

Source of the original text: BGBl. I 2004, 2220-2221 
 Formula 1 
 Allocation for existing installations on the basis of historical emissions 
------------------------------------------------------------------------------- 
I EB = E (deep) BP x EF (deep) p x t (deep) p I 
------------------------------------------------------------------------------- 
  
 Formula 2 
 Allocation for existing installations on the basis of declared emissions 
------------------------------------------------------------------------------- 
I EB = K x t (deep) A x EW x t (deep) p I 
------------------------------------------------------------------------------- 
  
 Formula 3 
 Allocation for additional new installations 
------------------------------------------------------------------------------- 
I RT I 
I EB = K x t (deep) A x BAT x --------- x t (deep) p I 
I GT (deep) p I 
------------------------------------------------------------------------------- 
  
 Formula 4 
 Allocation for additional new plants for combined heat and power 
------------------------------------------------------------------------------- 
I RT I 
I EB= (deep) A x BAT (deep) A + AN (deep) Q x BAT (deep) Q) x --------- x t (deep) p 
I GT (deep) p I 
------------------------------------------------------------------------------- 
  
 Formula 5 
 Allocation for installations with early emission reductions 
------------------------------------------------------------------------------- 
I EB = E (deep) BP x EF x t (deep) p with EF = 1 I 
I if I 
I EM (deep) EA > = x I 
I with I 
I x = 7% when commissioning in 1994 I 
I ...  I 
I x = 15% when commissioning in 2002 I 
I and I 
I E (deep) RP-E (deep) RP, proz E (deep) BP-E (deep) BP, proz 
I ----------------------------------------------------- I 
I P (deep) tRP P (deep) tBP I 
I EM (deep) EA = ------------------------------------------------------- I 
I E (deep) RP-E (deep) RP, proz I 
I -------------------------- I 
I P (deep) tRP I 
------------------------------------------------------------------------------- 
  
 Formula 6 
 Allocation for existing installations on the basis of historical emissions 
 a share of process-related carbon dioxide emissions greater than 10 percent 
------------------------------------------------------------------------------- 
EB = (E (deep) BP-E (deep) BP, proz) x EF (deep) p x t (deep) p + E (deep) BP, proz x tp 
------------------------------------------------------------------------------- 
  
 Formula 7 
 Special allocation for existing plants for combined heat and power 
------------------------------------------------------------------------------- 
 EB = A (deep) Bne-KWK x 27tCO (deep) 2/GWh x t (deep) p 
------------------------------------------------------------------------------- 
  
Explanation of the abbreviations 
  
A (deep) Bne-KWK average annual combined heat and power 
 generated net electricity generation in the base period in 
 gigawatt hours 
AN (deep) A power generation of the combined heat and power plant in 
 Megawatt hours 
AN (deep) Q Use heat generation of the combined heat and power plant in 
 Megawatt hours 
BAT emission value per unit of unit of installation in tonnes 
 Carbon dioxide equivalent per product unit according to best 
 available technology 
BAT (low) A emission value per product unit for 
 Electricity generation plants in tonnes of carbon dioxide equivalent 
 per megawatt-hour according to the best available technology 
BAT (low) Q Emission value per product unit for 
 Heat generation plants in tonnes of carbon dioxide equivalent 
 per megawatt-hour according to the best available technology 
E (deep) BP average annual carbon dioxide emissions 
 the asset in the base period 
E (deep) RP average annual carbon dioxide emissions 
 the asset in the reference period 
EB Amount of emission allowances for the 
 Allocation period in tonnes of carbon dioxide equivalent 
E (deep) BP, proz average annual process-related 
 Carbon dioxide emissions of the plant in the 
 Base period in tonnes of carbon dioxide equivalent per year 
E (deep) RP, proz average annual process-related 
 Carbon dioxide emissions of the plant in the reference period 
 in tonnes of carbon dioxide equivalent per year 
EF (deep) P Refill factor for the dispatch period 
EM (deep) EA emission reduction per product unit, 
 effective in the period from 1996 to 2002 
 has become, based on the reference period 
EW Emission value of the unit per product unit in tonnes 
 Carbon dioxide equivalent 
GT (deep) p Total number of days of the dispatch period 
K Production capacity of the plant per hour 
P (deep) tRP average annual production volume in the 
 Reference Period 
P (deep) tBP average annual production volume in the 
 Base Period 
RT number of days from the commissioning of the plant 
 until the end of the dispatch period 
t (deep) A expected average annual utilization 
 of the respective installation in full-use hours 
t (deep) p Number of years of the allocation period
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Annex 2 Comparability of installations

(Fundstelle: BGBl. I 2004, 2222;
with regard to of the individual amendments. Footnote) Appendixes shall be comparable within the meaning of Section 10 (1) sentence 1 if they are to be assigned to the following categories as the installation which they replace.
Category 1:
Plants for the generation of electricity, including combined heat and power plants, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. I to III.
Category 2:
Plants for the production of steam, hot water, process heat or heated exhaust gas, including associated steam boilers, including combined heat and power plants, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. I to III.
Category 3:
Combustion engine systems and gas turbine plants for the propulsion of working machines, which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. IV and V.
Category 4:
Plants for the distillation or refining or other processing of crude oil or petroleum products in mineral oil or lubricant refineries, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. VI.
Category 5:
Plants for the dry distillation of hard coal or lignite (coking plants), which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. VII.
Category 6:
Installations for the roasting, melting or sintering of iron ores, which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. VIII.
Category 7:
Plants for the production or melting of pig iron or steel, including continuous casting, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. IX.
Category 8:
Plants for the production of cement clinker, 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), in accordance with the provisions of Annex 1 (1) of this Regulation. X.
Category 9:
Plants for the burning of limestone or dolomite, which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. XI.
Category 10:
Installations for the production of glass, including as far as waste glass is produced, including installations for the production of glass fibres, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. XII.
Category 11:
Installations for the burning of ceramic products, which are subject to 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), in accordance with the provisions of Annex 1 (1) of this Regulation. XIII.
Category 12:
Plants for the production of pulp from wood, straw or similar fibre materials, which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. XIV.
Category 13:
Plants for the production of paper, cardboard or paperboard, which are 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), in accordance with the provisions of Annex 1 (1) of this Regulation. XV.