Law on the national allocation plan for greenhouse gas emission allowances in the allocation period 2008 to 2012

Original Language Title: Gesetz über den nationalen Zuteilungsplan für Treibhausgas-Emissionsberechtigungen in der Zuteilungsperiode 2008 bis 2012

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Law on the national allocation plan for greenhouse gas emission allowances in the allocation period 2008 to 2012 (Allocation Act 2012-ZuG 2012)

Unofficial table of contents

ZuG 2012

Date of completion: 07.08.2007

Full quote:

" Education Act 2012 of 7 August 2007 (BGBl. 1788), as last amended by Article 2 (54), Article 4 (35) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status:

Last amended by Art. 2 (54) and Art. 4 (35) 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. EU No L 275 p. 32). The G was referred to as Article 1 (d). G v. 7.8.2007 I 1788 adopted by the Bundestag. It's gem. Article 4 of this Act entered into force on 11 August 2007.

Footnote

(+ + + Text evidence from: 11.8.2007 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 87/2003 (CELEX Nr: 303L0087) + + +)

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	Reserve

Section 3
Allocation Rules
§ 6	Allotment for existing industrial plants with commissioning up to 31 December 2002
§ 7	Allotment for existing plants of the energy industry with commissioning up to 31 December 2002
§ 8	Allocation for existing plants with commissioning in the years 2003 to 2007
§ 9	Allocation for new assets
§ 10	Setting the operation of plants
§ 11	Dome Gas
§ 12	Special hardship control
§ 13	Further determination of the calculation of the allocation
§ 14	Application deadlines
§ 15	Verification of information
§ 16	Free allocation

Section 4
Output and submission of permissions
§ 17	Output
§ 18	Compliance with the discharge obligation

Section 5
Disposal of permissions
§ 19	Scope and use
§ 20	Revenue
Section 21	Procedure

Section 6
Common rules
Section 22	Fines
Section 23	Competent authority

Annex 1 to 5

Section 1
General provisions

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§ 1 Purpose of the Law

The purpose of this law is to set national targets for the emission of greenhouse gases in Germany as well as rules for the allocation, issue and disposal of emission allowances with a view to the allocation period 2008 to 2012. 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 allocation period 2008 to 2012. Insofar as regulations of the Allocation Act 2007 extend beyond the allotment period 2005 to 2007, they are replaced by the regulations of this law. 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 2007,
2.: Commissioning: the first-time recording of the regular operation after the completion of the trial operation,
3.: Test operation: the temporary operation of an installation to check its operational capacity in accordance with the scheduled date of the commissioning,
4.: Quantity of production: the quantity of product units produced each year in a facility;
5.: Capacity: the actual and legally maximum possible production volume per year,
6.: Capacity expansion: an increase in capacity on the basis of an amendment to the plant approved in terms of immission protection,
7.: Commissioning of a capacity expansion: the inclusion of the control operation of the system with the extended capacity,
8.: Standard load factor: the quotient of the full-use hours specified in Annex 4 for the respective activities and the number of maximum full-use hours approved per year; for the calculation of the standard load factor Annex 4
9.: Domed gas: gout, coke or converter gas or a mixture of these gases produced as a by-product in the production of raw materials.

Section 2
Quantity planning

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§ 4 National emission targets

(1) A total quantity for the emission of greenhouse gases in Germany shall be established, which shall ensure that the Federal Republic of Germany has complied with the reduction obligation laid down in Council Decision 2002/358/EC of 25 April 2002 on the emission of greenhouse gases from the Federal Republic of Germany 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). In the allocation period 2008 to 2012, the total amount of 973.6 million tonnes of carbon dioxide equivalents per year is. (2) The total amount of allowances to be granted in the allocation period 2008 to 2012 is 442.07 million allowances per year. Year, plus an amount of up to 11 million allowances per year for the allocation of installations, to § 26 para. 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), it has been amended. This total amount also includes the allowances which are retained as a reserve pursuant to section 5 (1) and for a disposal pursuant to § 19. (3) The total quantity of the goods exceeds the requirements of this law with the exception of the provisions of § 9 for new plants. , the amount of 379.07 million allowances to be allocated per year, plus the amount of allowances to be allocated to installations, to § 26 (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 allocations for installations in accordance with Annex 1 (I) to (V) of the greenhouse gas emissions trading act of 8 July 2004 (BGBl) shall be used. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. I p. 1163), in accordance with § § 7 and 8, in accordance with the efficiency standard of the plant, in accordance with the provisions of Annex 5, it has been reduced proportionately. The remaining allowances shall be allocated to the reserve in the event of a fall below the value set out in the first sentence. Excluded from the pro-rata reduction are allocations to installations which, during the 2005 to 2007 allocation period, have been granted an allotment in accordance with Section 12 (1) of the Allocation Act 2007, provided that the period of twelve to the conclusion of the The following calendar years in the 2008 to 2012 allotment period, or the proof in accordance with Section 12 (1) sentence 5 of the Allocation Act 2007, has been provided. Unofficial table of contents

§ 5 Reserve

(1) 23 million allowances per year shall be retained as a reserve for the allocation period 2008 to 2012. (2) The reserve shall serve, subject to the provisions of paragraph 3, of the fulfilment of claims:

1.

on allocation of permissions

a): for new installations according to § 9,
b): in cases where the claims have been legally established after the completion of the allocation procedure, and where such claims exceed the initial amount of dispatch, and

2.

on the allocation of allowances in accordance with Section 6 (3) sentence 2 of the 2007 Allocation Act.

(3) The costs incurred by the Federal Government through the performance of the tasks assigned to it under the Emissions Trading Scheme shall be covered in the allocation period 2008 to 2012 by the disposal of allowances from the reserve. The first sentence shall also apply to costs which have not otherwise been covered by the Federal Government for the purpose of carrying out the tasks referred to in the first sentence before the 2008 to 2012 allocation period. Section 21 shall apply accordingly. The collection of administrative fees remains unaffected by this. (4) As far as allowances are returned or not issued as a result of the cancellation or modification of allocation decisions, they will be allocated to the reserve. Rights in the reserve, which are not required for the purposes set out in paragraphs 1 to 3 until the end of the allocation period 2008 to 2012, may be sold in accordance with the provisions of Section 6 (4) sentence 4 of the greenhouse gas emissions trading law of 8 July 2008. July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 5) In so far as it is necessary to meet the claims referred to in paragraph 2 (1) or to cover the costs referred to in paragraph 3, the Commission shall:- Federal Ministry of the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance, a body to purchase allowances on its own account and to make it available to the competent authority free of charge. In order to compensate, the responsible body receives the costs of procurement as well as the expenses associated with the procurement.

Section 3
Allocation Rules

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§ 6 Allocation for existing industrial plants with commissioning up to 31 December 2002

(1) For installations in accordance with Annex 1, points VI to XVIII 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 entry into service of which has been carried out until 31 December 2002, shall be allocated, on request, in a number equal to the average annual carbon dioxide emissions of the plant in the Annex to the computer product of a base period, a fulfilment factor of 0.9875 and the number of years of the allocation period 2008 to 2012. The average annual carbon dioxide emissions of an installation shall be determined in accordance with paragraph 5 and the provisions of a legal regulation pursuant to § 13. The quantity of allowances for which allowances shall be allocated in accordance with the first sentence shall be calculated in accordance with the formula 1 of Annex 1 and in accordance with the provisions of a regulation pursuant to § 13. (2) For installations which have been put into service until 31 December 1999, Base period from 1 January 2000 to 31 December 2005. (3) For installations which have been put into service in the period from 1 January 2000 to 31 December 2002, the base period shall be the period from 1 January of the year to the year of the Until 31 December 2005. (4) Where the capacity of an installation is between (5) For the purpose of determining the base period, the date of the last enlargement or the reduction of the capacity of the installation after its entry into service has been extended to 1 January 2000 and 31 December 2002. (5) the determination of the average annual emissions of carbon dioxide referred to in the first sentence of paragraph 1 in the base period shall be the relevant data;

1.: on the basis of the allocation decision for the 2005 to 2007 trading period by the competent authority,
2.: which the operator has communicated on the basis of the 2012 Data Collection Regulation or which has been used by the competent authority in the event of non-timely notification by the operator in the context of the evaluation of the data collection; and
3.: the operator for the year 2005 according to § 5 paragraph 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), has been amended.

The competent authority may correct the data base in accordance with the first sentence for the allocation decision in so far as the operator's information does not meet the requirements for the identification and communication of data in accordance with § 5 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 allocation regulation in 2007 or the data collection regulation 2012 was amended. The second sentence shall not apply to the data referred to in the first sentence of 1, insofar as the notification of dispatch is final, and also not to the data referred to in the first sentence of paragraph 3, unless the competent authority does not have a procedure for estimating the emissions in accordance with Article 18 (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), has been amended. Appeals against decisions pursuant to sentence 2 can only be invoked with the legal remedies allowed against the decision to grant an allotment. At the request of the competent authority, the operator of an installation shall immediately communicate the additional information required for the determination of the average annual carbon dioxide emissions during the base period. The sentences 1 to 5 apply only to installations to which the 2007 allocation act applies. (6) An allocation in accordance with the preceding paragraphs has indicated an unreasonable hardship for the plant operator and for a company affiliated with it, the , the competent authority shall, at the request of the operator, inform the competent authority of additional allowances in the amount of its capital arising from commercial or social legal grounds for the economic risks of the plant's operation. Appropriate quantity. (7) For existing installations with a capacity expansion in In the years 2003 to 2007, the allocation for the installation shall take place in accordance with § 8 para. 2. (8) For installations which have received an allotment in accordance with Section 12 (1) of the Allocation Act 2007 during the allocation period 2005 to 2007, this provision shall be found at the request of the Allocation corresponding application. (9) For installations whose annual average emission quantity does not exceed 25 000 tonnes of carbon dioxide in the base period, the calculation of the amount of allocation referred to in paragraph 1 shall not be used to apply a filling factor. The amount of allowances for which allowances are to be allocated shall be calculated in accordance with the provisions of Formula 2 of Annex 1. For installations with a higher amount of emissions, the minimum allocation amount is 25 000 allowances per year. (10) For installations to which the 2007 allocation law does not apply, the application for allocation in accordance with § 10 para. 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), which, in accordance with the preceding paragraphs, contain information on the average annual carbon dioxide emissions of the plant in the relevant base period, provided that such information is not already available The subject of the data communication according to § 2 para. 2 no. 2 of the Data Collection Regulation 2012 were. Section 12 (1) to (4) of the Allocation Act 2007 shall apply to these annexes. Unofficial table of contents

§ 7 Allocation for existing plants of the energy industry with commissioning up to 31 December 2002

(1) For installations according to Annex 1, points I to V 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), which has been put into service until 31 December 2002, shall be allocated, on request, in a number equal to the average annual production quantity of the plant in a computerised product The base period, the emission value per product unit produced in accordance with Annex 3 or the provisions of a legal regulation according to § 13 and the number of years of the allocation period 2008 to 2012. For the purpose of determining the base period, Section 6 (2) to (4) shall apply accordingly. For the determination of the average annual production volume of an installation, the provisions of a legal regulation according to § 13 shall be decisive. The amount of emission for which allowances shall be allocated in accordance with the first sentence shall be calculated in accordance with Formula 3 of Annex 1 and in accordance with the provisions of a regulation pursuant to § 13. (2) Where several fuels could be used in one plant, the emission value per product unit produced in accordance with paragraph 1 shall be calculated with the proviso that an allocation to the fuel-differentiated emission values per product unit produced shall be calculated in accordance with the share of the fuel energy of the product unit in the years Fuels used in 2005 and 2006 in the total fuel energy of these years is done. In this case, the emission value per product unit produced shall be calculated in accordance with the formula 4 of Annex 1. (3) In the case of combined heat and power plants referred to in paragraph 1, an allocation shall be made on the basis of a technically comparable installation for the purpose of: the exclusive production of electricity and mechanical work; in addition, the allocation referred to in paragraph 1 shall be carried out on the basis of a technically comparable plant for the exclusive production of heat. By way of derogation from the fourth sentence of paragraph 1, the quantity of allowances for which allowances are to be allocated shall be calculated in accordance with the provisions of Formula 5 of Annex 1. (4) installations whose annual average emission quantity does not cover 25 000 tonnes of carbon dioxide in the base period , by way of derogation from paragraph 1, an allocation according to § 6 shall be granted without the application of a fulfilment factor. (5) § 6 (6) and (7) shall apply accordingly. Unofficial table of contents

§ 8 Allocation for existing plants with commissioning in the years 2003 to 2007

(1) For installations which have been put into service in the period from 1 January 2003 to 31 December 2007, allowances shall be allocated on request in a number equal to the calculated product from the capacity of the installation to which the installation is carried out. the relevant standard load factor, the emission value per product unit produced and the number of years of the allocation period 2008 to 2012. For the purpose of determining the emission value per product unit produced, § 9 (2) to (4) shall apply accordingly. The quantity of allowances for which allowances are to be allocated in accordance with the first sentence shall be calculated in accordance with the provisions of Formula 6 of Annex 1. In the case of cogeneration plants, the amount of allocation according to Formula 7 of Annex 1 shall be calculated. (2) When a capacity extension of an existing installation is put into service between 1 January 2003 and 31 December 2007, application shall be made at the request of: Allocated entitlements for the entire facility in accordance with the rates 2 to 4. Paragraph 1 shall apply in the calculation of the allocation quantity for the capacity extension. In the case of an installation according to § 6, additional allowances shall be allocated for the installation pursuant to § 6 para. 1; in this case, when a capacity extension is put into service between 1 January 2003 and 31 December 2005, the allowances shall be allocated for the purpose of determining the average annual carbon dioxide emissions to be deducted from the total carbon dioxide emissions of the plant in the base period:

1.: the amount of emissions to be allocated to the capacity extension in the period from the start up to the end of the base period, in accordance with the first sentence of paragraph 1, and
2.: the carbon dioxide emissions resulting from the capacity expansion up to the commissioning of the plant.

In the case of an installation according to § 7, additional allowances shall be allocated for the installation pursuant to § 7 (1); in this case, when a capacity extension is put into service between 1 January 2003 and 31 December 2005, the allowances shall be allocated for the purpose of determining the average annual volume of production to be deducted from the total production volume of the plant in the base period:

1.: the quantity of production to be allocated to the capacity extension in the period from the start up to the end of the base period, in accordance with the provisions of the first sentence of paragraph 1, and
2.: the production volume of the capacity expansion up to the commissioning of the plant.

(3) In the case of installations which have been put into service during the allocation period 2005 to 2007, the commissioning within the meaning of this provision shall also include the test operation. By way of derogation from paragraph 1, in accordance with Section 10 of the Allocation Act 2007, the emission value of which per product unit produced does not exceed the relevant emission value according to Article 9 (2) to (4) for a period of a total of four Years of operation from the start-up of the new facility to a level as determined by the allocation decision for the replacement facility from the allocation period 2005 to 2007, to the extent that this period is included in the allocation period 2008 to In 2012. Unofficial table of contents

§ 9 Allocation for new installations

(1) In the case of new installations, allowances for the years 2008 to 2012 shall be allocated on request in a number equal to the calculated product from the capacity of the installation, the standard load factor applicable to the installation concerned, the emission value per product unit produced and the number of calendar years in the allocation period since the entry into service of the product. If the new installation has not been operated from the beginning of a calendar year, a three-hundred and sixty-five-sixtieth-year shall be taken into account for the calendar year of the operation for each day of operation. The quantity of allowances for which allowances are to be allocated in accordance with the first sentence shall be calculated in accordance with the provisions of Formula 8 of Annex 1. For the duration of a trial operation, allowances shall be allocated in a number corresponding to the computer product from the emission value per product unit produced and the product units produced during the test operation. (2) Emission values for each product unit produced are set out in Annex 3. The Federal Government may use emission values for other products as well as for the allocation of other products than those set out in Annex 3, Part A. (3) To the extent that a new plant does not have to be assigned an emission value per product unit produced in accordance with Annex 3 or by virtue of a regulation in accordance with the provisions of paragraph 2, it shall be it shall be available in accordance with the emission value obtained by applying the best available techniques for the production of a unit of product in the facilities comparable to that set out in Annex 2. Where different products are produced in the plant, the emission value applicable to the application of the first sentence of paragraph 1 shall be determined as the average of the emission values of the individual products in accordance with the proportion of the individual products at the Total production volume. For the determination of the emission value in accordance with the above sentences, the more detailed provisions shall be made in a legal regulation according to § 13. (4) In the case of combined heat and power plants, an allocation shall be made in accordance with paragraph 1 on the basis of an allocation of a technically comparable plant for the exclusive production of electricity and mechanical work; in addition, the allocation referred to in paragraph 1 shall be carried out on the basis of a technically comparable plant for the exclusive production of heat. By way of derogation from the third sentence of paragraph 1, the quantity of allowances for which allowances are to be allocated shall be calculated in accordance with the provisions of Formula 9 of Annex 1. (5) When a capacity extension of an existing plant is put into service after 31 December 2007, the Paragraphs 1 to 4 shall apply to the new capacities. The allocation for the installation in any other way remains unaffected. Unofficial table of contents

§ 10 Setting of the operation of plants

(1) If the operation of an installation is terminated before or within the allocation period 2008 to 2012, the competent authority shall revoke the decision to grant the allocation. In this case, the operator shall return the amount of allowances to be much issued for the year of establishment of the business until 31 May of the year following the revocation. (2) The operator of an installation shall have the authority of the competent authority the operation of an installation referred to in paragraph 1 without delay. (3) The competent authority may review the continuing 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 not apply if the operator requests that the production of the installation of one or more of its installations be carried out in accordance with § 6 or § 7, and until 31 January of each year, it shall indicate that the actual surplus production as a whole is at least 80 per cent of the annual average production volume of the plant taken over in the base period, on account of the assumption of production. Proof in accordance with the first sentence shall be provided for the first time in respect of the calendar year following the indication of the production take-over. If the proof required by the first sentence is not provided, the allotment of the plant whose operation has been discontinued shall be revoked with effect for the future. (5) For installations whose operation is suspended until 31 December 2007, none shall be granted. Assigned permissions. The first sentence shall also apply to installations whose average annual carbon dioxide emissions during the period from 1 January 2005 to 31 December 2006 are less than 25% of the average annual average annual carbon dioxide emissions due to production declines. Emissions of carbon dioxide in the period from 1 January 2000 to 31 December 2004, in so far as the production declines are not demonstrably due to stoppage times of the plant due to the implementation of modernisation measures or repair work (6) Insofar as an installation has been carried out by the end of the period pursuant to § 14 (1) , and the conditions for a production takeover pursuant to § 9 (4) sentence 1 of the Allocation Act 2007 are available, on request for the acquiring facility in addition to the allotment pursuant to § 6 or § 7 on request authorizations in a number allocated to the computerised product from the emission value per product unit produced, the proven and year-to-year production of the accepting unit since the operating setting, and the number of Calendar years in the allocation period. For the purpose of determining the emission value per product unit produced, § 9 (2) to (4) shall apply accordingly. For the verification of the multi-production, the more detailed provisions are to be found in a legal regulation according to § 13. Unofficial table of contents

§ 11 dome gas

(1) For installations within the meaning of Annex 1 VII, IX or IXa 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 which coupling gases are produced in the course of the production process (dome gas generating plant), as well as for other plants 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), the allocation shall be made in accordance with the provisions of paragraphs 2 to 6. This allocation allows the assignment of the obligations under § § 5 and 6 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) In the context of the allocation of allowances in accordance with § 6 of plants producing coupling gas, the emissions resulting from the recovery of the emissions from the recycling of the plants shall be added to the emissions resulting from the allocation of the -transmitted dome gases in installations within the meaning of Annex 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. I p. 1163), have been amended. In the case of installations which have recovered from secondary gases and are granted an allocation in accordance with § 6, the emissions resulting from the recycling of the transferred dome gases shall be deducted from the emissions which are relevant in accordance with Article 6 (5). Section 6 (9) does not apply. (3) In the context of the allocation of allowances in accordance with § 7 to installations which have recovered from secondary gases, the quantity of production which is relevant for the allocation shall be deducted from the quantity of production which is to be allocated to the production of the The use of the secondary coupling gases is to be attributed. In the determination of the emission value per product unit of the installation produced, the coupling gas insert is not taken into account. Section 7 (4) shall not apply. (4) In the allocation of allowances in accordance with § § 8 and 9 of systems generating coupling gas, the competent authority shall have the emission value per product unit produced in accordance with the assignment of the coupling gases according to paragraph 2, set 1. In the case of capacity extensions, the first sentence shall apply. (5) For the allocation of allowances in accordance with § § 8 and 9 for plants, which use further-directed dome gases and for which an emission value per product unit produced according to § 9 para. 2 , a value of 400 full-use hours shall be used in the calculation of the standard load on the basis of the full use hours laid down in Annex 4. Insofar as no emission value per product unit produced is determined in accordance with section 9 (2), the coupling gas input shall not be taken into account in determining the emission value per product unit produced. In the case of capacity extensions, the rates 1 and 2 shall apply. (6) For the calculation and deduction referred to in paragraph 2, for the determination of the quantity of production referred to in paragraph 3 to be used for the use of the coupling gas, and for the recalculation in accordance with paragraph 2. the provisions of paragraphs 3 to 5 shall be governed by the provisions of a regulation in accordance with Section 13. Where additional information or data is required for the calculations referred to in paragraphs 2 to 5, the operator shall be obliged to submit it without delay at the request of the competent authority. (7) The operator of the plant producing the coupling gas shall be to transfer, by 1 March of a year, for the first time in 2009, a number of allowances free of charge to the operators of the installations which use the domed-up gas, which allowances the carbon dioxide equivalent of those in the the quantity of coupling gas which has been revalued for the previous calendar year. Unofficial table of contents

§ 12 Special hardship case regulation

(1) As a result of the total number of installations operated by the same undertaking and comparable in accordance with the provisions of Annex 2, the average of the calendar years 2005 and 2006 is at least 10% more than the average of the calendar years 2005 and 2006. For the calendar years 2000 to 2004, a number of allowances shall be allocated, on request for each of these annexes, by way of derogation from § 6 or § 7, to the calculated product from the average annual production volume of the installation in the Calendar years 2005 and 2006, applicable to an appropriate new installation pursuant to section 9 (2) to (4) The emission value per product unit produced and the number of calendar years in the allocation period 2008 to 2012. Installations according to § 7 shall be subject to the pro-rata reduction according to § 4 (3). In the case of installations in accordance with § 6, the performance factor shall be applied. (2) Paragraph 1 shall not apply to installations of a company which are comparable in accordance with Annex 2 and whose carbon dioxide emissions in the calendar year 2005 amounted to a total of more than one million tonnes; unless the turnover of the company in the last financial year was less than EUR 250 million before 1 January 2007. If the total amount of the allocations referred to in paragraph 1 above the allocation for the affected plants in accordance with § 6 or § 7 exceeds the equivalent of eight million tonnes of carbon dioxide for the allocation period 2008 to 2012, the above shall be the (3) The operating company, at the end of the relevant financial year under paragraph 2, was a dependent company within the meaning of Section 17 of the German Stock Corporation Act or a dependent company. Group companies within the meaning of Section 18 of the German Stock Corporation Act (AktG), are the affiliated companies for the To consider the application of this provision as a single undertaking. If several companies cooperate in such a way that they can jointly exert a dominant influence on another company, each of them shall be deemed to be a dominant entity. Where a person or group of persons who is not a company is the majority shareholding in a company, it shall be deemed to be a company. Unofficial table of contents

Section 13 Further determination of the calculation of the allotment

The Federal Government is empowered to adopt regulations by means of a regulation without the consent of the Federal Council.

1.: the determination of the average annual carbon dioxide emissions as well as provisions for the unification of the calculation variables to be used for the calculation of the number of allowances to be allocated in accordance with § 6 (1);
2.: the determination of the average annual quantity of production and for the calculation of the number of allowances to be allocated in accordance with § 7 (1);
3.: the fixing of additional emission values per product unit produced and the allocation of fuels to the emission values per product unit produced in accordance with Article 9 (2);
4.: the determination of the capacity of a new installation and of the emission value per product unit produced, to be based on the allowances to be allocated under section 9 of the calculation;
5.: the detailed determination of the relevant standard load factor in accordance with § 3, No. 8;
6.: the offsetting and the deduction in accordance with section 11 (2), for the determination of the quantity of production to be attributed to the coupling gas use in accordance with section 11 (3) and for the recalculation in accordance with § 11 (3) to (5);
7.: listed in Annex 3, Part A, No. I deviate from the allocation of an emission value per product unit produced, to the extent that plants use synthesis gas from coal gasification in accordance with Article 7 (1) of the synthesis gas, as well as for requirements for the detection of the use of the synthesis gas;
8.: the allocation of a product standard, which differs from Annex 5, point 2, in so far as installations according to Article 7 (1) of the synthesis gas from coal gasification are used;
9.: proof of the multi-production in the case of the production takeover in accordance with § 10 para. 6.

Unofficial table of contents

Section 14 Application deadlines

(1) Applications for allocations pursuant to § § 6 to 8 or § 12 shall be submitted within three months of the entry into force of the Regulation in accordance with § 13. (2) Applications for allocations pursuant to § 9 shall be submitted no later than the commissioning of the new facility. Unofficial table of contents

Section 15 Review of information

The competent authority shall review the provisions of this Act or of a legal regulation pursuant to Section 10 (5) (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), required information from the operator. It may appoint an expert to verify the information provided by the operator pursuant to Section 9 (3). The competent authority shall only assign allowances to the extent that the accuracy of the information is sufficiently secure. Unofficial table of contents

§ 16 Free allocation

Allowances granted by the competent authority in accordance with § § 6 to 9 are free of charge. The collection of fees according to § 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 submission of permissions

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§ 17 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 § 9 allowances allocated for the first year of operation shall be issued immediately after the allocation decision, provided that: it did not take place 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

§ 18 fulfilment of the obligation to discharge

In compliance 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. 1163), by issuing emission reduction units in accordance with § 2 Nr. 20 of the Project-Mechanisms-Law or certified emission reductions according to § 2 No. 21 of the Project-Mechanisms-Law, the number of within the allocation period 2008 to 2012 for an installation of emission reduction units or certified emission reductions as a whole shall not exceed 22 per cent of the quantity allocated to the operator for the allocation period 2008 to 2012 Permissions.

Section 5
Disposal of permissions

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§ 19 Scope and Use

In the allocation period 2008 to 2012, 40 million allowances per year shall be sold in accordance with § § 20 and 21, without prejudice to § 5 (3). The proceeds from the divestment are to the Federal Government. The use of the proceeds will be decided within the framework of the annual budget law. Unofficial table of contents

§ 20 Articles

In order to obtain the entitlement to the sale, 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), which are granted in accordance with § § 7 to 9 or § 12, which reduces the amount of allocation to be produced by the production of electricity by a factor equal to the ratio of 38 million allowances per year to the total amount of the total amount of electricity produced. the total annual allocation for electricity production to existing plants in accordance with § § 7, 8 and 12. Unofficial table of contents

Section 21 Procedure

(1) The allowances shall either be sold at the trading venues for allowances at the market price or, at the latest from the year 2010, in the framework of an auctioning. In the case of the sale, the authorizations are offered continuously with the aim of influencing the market as little as possible at the trading venues for authorizations. In the case of auctioning, the amount of 40 million allowances available in the years 2008 to 2012 will be offered at regular intervals in equal subsets. (2) The Federal Government is authorized to Legal regulation to provide for an auction procedure without the consent of the Bundesrat. The legal regulation requires the consent of the Bundestag. The legal regulation must lay down the competent authority and the rules for the implementation of the auctioning procedure, which must be objective, comprehensible and non-discriminatory and must take measures against the influence of the (3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance, instructs an appropriate body to deal with the procedure. pursuant to the first sentence of paragraph 1. In the case of auctioning, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall announce the auctioning dates referred to in the third sentence of paragraph 1 at the latest two months in advance in the Federal Gazette (Bundesanzeiger); in the determination of the auctioning dates The aim is to avoid overlaps with auctioning dates in other Member States of the European Union.

Section 6
Common rules

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Section 22 Penbual provisions

(1) Contrary to the law, those who intentionally or negligently act

1.: , contrary to § 10 para. 2, an advertisement is not reimbursed, not correct or not timely, or
2.: contrary to § 10 para. 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 23 Competent authority

The competent authority within the meaning of this law is the authority pursuant to Section 20 (1) sentence 2 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). Unofficial table of contents

Annex 1 Calculation formulae

(Fundstelle: BGBl. I 2007, 1796-1797;
with regard to of the individual amendments. Footnote)
Formula 1Allocation for annexes according to Annex 1, points VI to XVIII 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), which have been operational by 31 December 2002

Formula 2Allocation for plants in accordance with Annex 1, points VI to XVIII 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), with average annual emissions of less than 25 000 tonnes of CO 2, which have been put into operation by 31 December 2002

Formula 3Allocation prior to application of a pro-rata reduction for annexes according to Annex 1, points I to V 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), which have been operational by 31 December 2002

a)

for installations for power generation

b)

for other installations

Formula 4Determination of the emission value per product unit produced in the cases of § 7 (2)

Formula 5Allocation for plants according to Annex 1, points I to V 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), with combined heat and power, which went into operation until 31 December 2002, before applying a pro-rata reduction

Formula 6Allocation for installations which went into operation between 1 January 2003 and 31 December 2007, before applying a pro-rata reduction

a)

for installations for power generation

b)

for other installations

Formula 7Allocation for combined heat and power plants, which went into operation between 1 January 2003 and 31 December 2007, before applying a pro-rata reduction

Formula 8Allocation for plants with commissioning starting from 1 January 2008

a)

for installations for power generation

b)

for other installations

Formula 9Allocation for plants with combined heat and power generation with commissioning starting on 1 January 2008

Explanation of the abbreviations

BM	Emission value (benchmark) per product unit produced (e.g. B. in t CO 2 equiv ./MWh or t CO 2 equiv ./t)
BM A	Emission value (benchmark) per product unit produced for electricity generation (in t CO 2 equiv ./MWh)
BM Q	Emission value (benchmark) per product unit produced for heat generation (in t CO 2 equiv ./MWh)
BM W	Emission value (benchmark) per product unit produced for wave work (in t CO 2 equiv ./MWh)
BM g	Emission value (benchmark) per product unit produced for use in the use of gaseous fuels (in t CO 2 equiv ./MWh)
BM s	Emission value (benchmark) per product unit produced for the use of other fuels (in t CO 2 equiv ./MWh)
EB	Quantity of emission allowances for the allocation period following the application of the allocation rule applicable to the installation (in t CO 2-equiv.)
EF	Fulfilment factor for the allocation period for installations referred to in Annex 1, No VI to XVIII of the TEHG of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163).
EM BP	Average annual emissions of the plant in the base period
GT P	Total number of days in each allocation period (total days)
C	Capacity of the asset (e.g. B. in MWh per year or t per year)
K A	Capacity of net electricity generation of the CHP plant (in MWh per year)
K Q	Capacity of net heat generation of the CHP plant (in MWh per year)
K W	Capacity of net production of wave work of the CHP plant (in MWh per year)
KF ver	Reduction factor in accordance with § 20 for the purpose of obtaining the authorization for the sale
P BP	Average annual net production of the plant in the base period (in MWh per year)
P BP-A	Average annual net electricity production of the facility in the base period (in MWh per year)
P BP-Q	Average annual net heat production of the facility in the base period (in MWh per year)
P BP-W	Average annual net production of wave work of the plant in the base period (in MWh per year)
RT I	Number of days from the commissioning of the plant to the end of the dispatch period (remaining days)
S	Default load factor
tp	Number of years of the allocation period
W g	Fuel energy of the gaseous fuels used in the years 2005 and 2006 (in MWh per year)
W s	Fuel energy of the other fuels used in the years 2005 and 2006 (in MWh per year)

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Annex 2 (to § 9 (3) and (12) (1))
Comparability of installations

(Fundstelle: BGBl. I 2007, 1798;
with regard to of the individual amendments. Footnote)
Installations are comparable if they are to be assigned to the following categories.

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 Annex 1, points I to III of this Regulation.
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 Annex 1, points I to III of this Regulation.
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), according to which Annex 1, points IV and V are subject to change.
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 Annex I to point VI of this Annex.
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), as set out in Annex 1 to point VII thereof.
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), as set out in Annex 1 to point VIII.
Category 7:: Installations for the production or melting of pig iron or steel, including continuous casting, to the extent that the plants are not operated in integrated metallurgical 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), which are subject to Annex 1, point IX, as well as installations, as integrated metallurgical plants, for the production of pig iron and for further processing into crude steel, in which profit and loss and Further processing units are located next to each other and are functionally connected to one another, which is 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), as amended by Annex 1 to point IX a.
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), as amended by Annex 1, point 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), as set out in Annex I to point XI of this Annex.
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 Annex 1 to point XII of this Regulation.
Category 11:: Plants for the melting of mineral substances, including plants for the production of mineral 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), as amended by Annex 1 to point XII (a).
Category 12:: 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 Annex 1 to point XIII of this Regulation.
Category 13:: 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), as set out in Annex I to point XIV of this Regulation.
Category 14:: 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), as set out in Annex I to point XV of this Annex.
Category 15:: Plants for the production of propylene or ethylene, 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 Annex 1, point VI or XVI of this Regulation.
Category 16:: Plants for the production of carbon black, which is 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), as amended by Annex 1 to point XVII of this Regulation.
Category 17:: Plants for the flaring of gaseous substances in sea/land transfer stations for mineral oil or gas, 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), as set out in Annex 1, point XVIII.

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Annex 3 (to § 7 (1) and (2), § 8 (1) and (9) (2) sentence 1)

(Fundstelle: BGBl. I 2007, 1799)

Part A
Product-related emission values

I)

Plants for the production of electricity, for the production of wave work and for the generation of heat (thermal energy)
The emission value of the product unit produced shall be:

1.

for installations for electricity production

a): 365 grams of carbon dioxide per kilowatt-hour of net electricity generation, provided that gaseous fuels can be used and that nothing else is determined in the legal regulation according to § 13; otherwise
b): 750 grams of carbon dioxide per kilowatt hour of net electricity generation;

2.

in the case of installations for the production of wave work, 530 grams of carbon dioxide per kilowatt hour;

3.

for installations for the production of heat

a): 225 grams of carbon dioxide per kilowatt-hour, provided that gaseous fuels can be used and that nothing else is determined in the legal regulation according to § 13; otherwise
b): 345 grams of carbon dioxide per kilowatt hour;

II)

New plants for the production of cement and for the production of glass
The emission value per product unit shall be:

1.

in the case of installations for the production of cement or cement clinker in production plants with

a): three cyclones of 845 grams of carbon dioxide per kilogram of cement clinker produced,
b): four cyclones of 815 grams of carbon dioxide per kilogram of cement clinker,
c): five or six cyclones of 805 grams of carbon dioxide per kilogram of cement clinker;

2.

for installations for the manufacture of glass

a): for container glass, 330 grams of carbon dioxide per kilogram of glass produced and
b): For flat glass, 670 grams of carbon dioxide per kilogram of glass produced.

III)

New plants for the production of ceramics
As energy-related emission value per product unit for installations for the production of ceramics

a): for pre-brick tiles, 115 grams of carbon dioxide per kilogram of bricks produced,
b): for back bricks, 68 grams of carbon dioxide per kilogram of bricks produced,
c): for roof tiles (U cassette) 130 grams of carbon dioxide per kilogram of bricks produced and
d): for roof tiles (H cassette) 158 grams of carbon dioxide per kilogram of bricks produced.

This emission value for commercial and non-commercial fuels is to be added to a value corresponding to the emissions from carbonates and fossil organic carbon.

Part B
Application rules for allocation according to § § 8 and 9

I): The authorised possibility of using gaseous fuels shall not be taken into account in the determination of the emission value unless it is carried out exclusively for the purpose of the necessary ignition and support firing.
II): If the installation consists of a joint installation consisting of several sub-systems which otherwise require approval, the assignment in accordance with Part A shall apply separately for each partial installation.

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Annex 4 (to § 3 para. 2 no. 8 in conjunction with § 8 and § 9)
Full Use Hours

(Fundstelle: BGBl. I 2007, 1800-1801;
with regard to of the individual amendments. Footnote)

I.

Full Use Hours Full daily work hours per year

Energy conversion and transformation: Activities listed in Annex 1, No I to V 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).
Condensation power plants	7 500
Condensation power plants for the use of lignite	8 250
Gas turbine plants as an "open gas turbine"	1 000
Plants for the compression of natural gas for transport purposes Plants for the compression of natural gas for underground storage	4 200 3 100
Cogeneration plants for the supply of paper, pulp, mineral oil or chemical industry as well as for the supply of plants for the production of bioethanol	8 000
Other combined heat and power plants	7 500
Process heating systems for the supply of paper, mineral oil and chemical industry	8 000
Heating plants of the public district heating	2 500
Process heating systems for the supply of the food and sugar industry, heating systems for supplying the trade, trade and services sector, the rest of industry and hospitals	7 500
Activities listed in Annex 1, No VI to XVIII 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).
Facilities of the petroleum industry	8 000
Coking plants	8 300
Sintering Assets	8 300
Plants for the production and processing of ferrous metals	8 300
Plants for the production of cement	7 500
Production of limestone in lime industry	7 500
Production of lime in plants of the sugar industry	2 500
Installations for the manufacture of glass	8 500
Installations for the burning of ceramic products	7 500
Plants for the production of pulp	8 000
Plants for the production of paper or paperboard	8 000
Plants for the production of propylene or ethylene	8 500
Plants for the production of soot	8 000
Plants for the flaring of gaseous substances in sea-/land transfer stations for mineral oil or gas	500

II.

Calculation of the standard load factor and allocation of full-use hours

1.: If the installation does not limit the maximum full-use hours approved per year, the standard load factor shall be calculated as the quotient of the full-use hours according to number I and 8 760. Otherwise it is calculated as the quotient of the full-use hours according to point I and the approved maximum full-use hours per year. Where a production-related limitation of the authorised capacity is present, it shall be limited to the maximum permitted full-use hours, which would result in an equivalent limitation of the maximum production quantity, to be converted. For this purpose, the quotient of the maximum permissible production quantity and the production volume resulting from 8 760 full-use hours is to be multiplied by 8 760.
2.: A maximum value of 1 applies to the standard load factor.
3.: In so far as the actual possible quantity of production due to limited processing capacity, restrictions on the technical infrastructure required for sales of the production quantity, or by weather-dependent plant operation , the competent authority may reduce the number of full-use hours in accordance with point I.
4.: Where the installation consists of a joint installation consisting of a number of sub-systems which otherwise need to be approved independently, the allocation in accordance with point I shall apply separately for each of the parts of the system.
5.: Power plants are also considered to be condensing power plants if they decouple useful heat, provided that the quotient of the capacity of heat generation in combined heat and power generation and the maximum possible total fuel heat of the fuel Annex, in the year of application for allocation, does not exceed a value of 0.1.
6.: If a new installation is decisive for the allocation of full-use hours to customers of the produced products, then in the case of a number of possible customers, the main customer shall be responsible for the allocation of full use hours.

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Annex 5 (to § 4 (3))
Proportional reduction of the allocation quantity according to the efficiency standard of the plant

(Fundstelle: BGBl. I 2007, 1802-1803)

1.

Principle
The pro rata reduction shall be effected by applying a reduction factor to the amount of allocation resulting from the application of the allocation rule applicable to the installation. The allocation quantity after application of the proportional reduction is calculated according to formula 1 of this appendix. The amount of the pro-rata reduction is calculated as a function of the efficiency standard of the installation and the adjustment factor. The pro-rata reduction is calculated in accordance with the formula 2 of this Annex.

a): Determination of the efficiency standards of the plant
The efficiency standard of the installation shall be equal to the ratio of the amount of emissions resulting from the multiplication of the production volume of the installation in the reference year and the product standard referred to in point 2, to the emissions of the installation in the Reference year.If a plant produces several products, the calculation for the products is carried out using electricity, heat and wave work; the sum of the emissions calculated for the individual products is decisive. The maximum efficiency level of the plant is 1. The efficiency standard is calculated according to Formula 3 of this Annex.
b): Determination of the Adjustment Factor
To the extent that the sum of all the reductions calculated in accordance with the efficiency standard differs from the total reduction requirement to be achieved by the pro-rata reduction, the individual reductions shall be determined by applying an adjustment factor corrected. The adjustment factor is equal to the ratio between the total reduction requirement and the sum of all the reductions calculated in accordance with the efficiency standard. The sum of the reductions calculated in accordance with the efficiency standard shall be calculated from the difference between the sum of all allocations and the sum of all allocations after application of the efficiency standard. The adjustment factor is calculated in accordance with the formula 4 of this Annex.

2.

Product standards for the calculation of the pro-rata reduction

a)

Generation of electricity:

aa): 365 grams of carbon dioxide per kilowatt-hour of net electricity production, provided that gaseous fuels were used during the reference year and that nothing else is determined in the legal regulation according to § 13,
bb): 990 grams of carbon dioxide per kilowatt-hour of net electricity generation, provided lignite was used during the reference year, with the efficiency and the lignite at the site, otherwise determined in the course of the test of the plant, otherwise
cc): 750 grams of carbon dioxide per kilowatt hour of net electricity generation;

b)

Generation of heat:

aa): 225 grams of carbon dioxide per kilowatt-hour, provided that gaseous fuels were used during the reference year and that nothing else is determined in the legal regulation according to § 13, otherwise
bb): 400 grams of carbon dioxide per kilowatt hour;

c)

Generation of wave work 530 grams of carbon dioxide per kilowatt hour.

Where more than one fuel has been used in an installation during the reference year, the product standard shall be calculated with the proviso that an allocation to the product standards shall be based on the proportion of the fuel energy used in the reference year. Fuels for the total fuel energy of this year.

3.

Determination of the reference year
For installations with commissioning until 31 December 2004, reference year shall be 2005. For plants with commissioning in 2005, reference year is the year 2006. For installations with commissioning after 31 December 2005, the reference year shall be the year following the year of entry into service; by way of derogation from point 1 (a), production quantities and emissions forecast for the reference year shall be: major.

4.

Calculation formulas
Formula 1Calculation of the amount of allocation after application of the pro-rata reduction

Formula 2Calculation of the pro-rata reduction

Formula 3Determination of efficiency standards

Formula 4Determination of the adjustment factor

Explanation of the abbreviations

AK	Proportional reduction in the amount of allocation
AF	Adjustment Factor
BU	Total allocation quantity for inventory assets during the allocation period
EB	Quantity of emission allowances by application of the allocation rule applicable to the asset
EB end	Quantity of emission allowances for the allocation period after a partial reduction
EM RJ	Emissions from the plant during the reference year
ES	Efficiency of the plant
P A	Net heat production of the plant during the reference year (in MWh)
P Q	Net electricity production of the plant in the reference year (in MWh)
P W	Net production of shaft work of the plant in the reference year (in MWh)
PS A	Product standard for the generation of heat
PS Q	Product standard for the generation of electricity
PS W	Product standard for the production of shaft work