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Law On Quotas And Trading Quotas For Greenhouse Gas Emissions (Trading Act)

Original Language Title: Lov om kvoteplikt og handel med kvoter for utslipp av klimagasser (klimakvoteloven)

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Law on the quota of quota and trade with quotas for emissions of cliclips (climamav law).

Date LO-2004-12-17-99
Ministry of Klima and Environment Ministry
Last modified LAW-2015 -06-19-65 from 01.10.2015
Published In 2004 booklet 15
Istrontrecation 01.01.2005
Changing
Announcement 17.12.2004
Card title Climav.

Capital overview :

Chapter 1. Initial provisions

SECTION 1. (Law of the Law)

The purpose of this law is to limit the emissions of cliclips in a cost-effective way through a system of quota-liked for emissions of cliclips and free omilable emission quotas.

The law applies to the limitations that had to follow by the folk of the population of the population or agreement binding Norway.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12.
SECTION 2. (The site's site scope)

The law applies to emissions of cliclips

a) in the realm, except on Svalbard,
b) from business on Norway's continental solosole,
c) from air traffic activities within the EES area, as well as
d) from air traffic activities to and from the EES area

The king can decide that the law shall apply to Svalbard, as well as provide further regulations on the site of the law of the law otherwise.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 3. (emissions retaken by this law)

The law applies to the emissions of cliclips from stationary industrial enterprises and air traffic activities.

The king can in regulation give further regulations on which cliclips, activities and enterprises are retaken by the first clause.

The king can in regulation give regulations that the release of cliclips from production units of capacity under a set limit shall be excluding from this law ; the king can in regulation also provide regulations on that more production units are located on The same place, and stands in close to operational context, or that are not located in the same place, but which stand in close to operational and physical context shall be considered under one by the calculation of the capacity. The king can also in regulation also give regulations that certain transport activities, herunder transport activities that do not exceed certain activity or emission limits, shall be exempt from this law.

The king can in regulation give closer regulations on what quota-sized aircraft operators should relate to Norwegian managing authorities.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 27 Feb 2009 # 10, 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 4. (quota-like)

The driver of business or performs activities as mentioned in Section 3 or in regulations granted in co-compliance by law, is affirmative action by this law and must provide quotas equivalent to their quota-sized emissions in accordance with the provisions of Section 12. For enterprises that are retaken by the pollution law is required in addition of the pollution law Section 11. For aircraft operators, an approved plan is required for monitoring of emissions and activity data.

0 Modified by laws 27 Feb 2009 # 10, 15 apr 2011 # 12 (ikr. 15 April 2011, but for Aviation Activities from 1 jan 2012), 25 May 2012 # 29.
SECTION 5. (application for emission permit and quota assignment)

The king can in regulation give closer regulations on applications of permission for quota-free emissions following the pollution law Section 11 different joints and about the applications of the grant of no-charge quotas. The due diligence authorities may in the individual case determine what information or research the applicant must provide.

The Ministry can provide regulation on case processing rules to the padding of the rules of the Service Act for the application of grant-free quotas and for approval of the quota of climate emissions after Section 15, herdunder about case processing deadline and the judicial effects of the deadline. Exceptions from the service laws Section 11 other clauses can only be made when being due to out from forced public consideration, herenvision to privately-owned protection interests.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 6. (information and research)

Following the injunction of the pollution authorities duties the quota of the affirmative action without the obstruction of secrecy to provide the pollution authorities or other public organs the information necessary for the review of the to-do following the law.

Information that mentioned in the first clause can also be required from other public authorities without the obstacle of the secrecy that otherwise applies. The Forerending Authority can determine in what form the information is to be given.

Attaches after first or other clause is met at regulation or individual ordinance.

Pollution authorities may impose affirmative action to provide or cost investigations or similar measures that with the equitable can be required to turn on demand for calculation or measurement, monitoring, or reporting of quota-sized emissions or activity level is honored.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 7. (fee)

The king can in regulation give regulations on the payment of the fee for the creation and operation of account, the grant of quotas, issuance of quotas, and for approval of monitoring plans. The king can in regulation determine that charges in connection with the pollution authorities control after Section 15 shall be covered by the quota of the quota of the quota.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 27 Feb 2009 # 10, 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 8. (meldduty)

The king may in regulation give regulations that the person who operates business or performs activities as mentioned in Section 3 or in regulations given in co-compliance with the law, has the obligation to give message to the pollution authorities on planned changes to the enterprise or activity level and information about the review of such changes.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 27 Feb 2009 # 10, 15 apr 2011 # 12, 25 May 2012 # 29.
Section 8 a. (Added by law 15 apr 2011 # 12, repeade by law 25 May 2012 # 29). Section 8 b. (Added by law 15 apr 2011 # 12, repeade by law 25 May 2012 # 29).

Chapter 2. Assignment of quotas

0 The headline changed and moved here by law 25 May 2012 # 29.
SECTION 9. (sales of quotas)

The king can provide further regulations on the organization and the completion of the sale of quotas.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 27 Feb 2009 # 10, 15 apr 2011 # 12, 25 May 2012 # 29.
SECTION 10. (allocation of quotas no-charge free)

The king may in regulation determine the provisions of the grant of no-charge quotas for the period 2013-2020, hering regulations on resettlement of the ordinance of allocation on the background of our folklore obligations or on the background of changes in stationary industrial enterprises capacity, activity level, or operation that has impact on the basis of the assignment.

It is set by a quota reserve for the no-charge assignment to high-efficient power heating plant in the period 2008-2012. The king gives closer regulations about the size of this reserve, what types of businesses can search and rest criteria that should lie to the assignment after this clause.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12, 25 May 2012 # 29.

Chapter 3. The Norwegian registry for climate quota-Act of quota duties

SECTION 11. (The Norwegian registry for climate quota)

The Norwegian registry for climate quotas shall contain information on issuance, outsharing, inventory, transfer to settlement and deletion of quotas.

The king outpoints a responsible authority for the creation and operation of the registry. The king can in regulation give closer regulations on the design and operation of this registry, herunder the provision of regulations that the cutting of quotas where this is necessary in accordance with the regulations under Kyotoprotokrole 1997 to the United Nations Frame Convention 1992 on climate change

Public authorities have the right to access information from the quota registry in the extent that this is necessary to advance their tasks in or in co-law.

Without the hurdle of the legislated confidentiality, access to information may be provided in accordance with the EES Agreement Attachment XX # 21.

0 Modified by law 25 May 2012 # 29.
SECTION 12. (duty to transfer quotas to settlement)

The quota of the quota should within 30. In April, each year transfer a number of quotas that respond to the enterprise or operator's reporting liquidate emissions the preceding year, to a further specified settlement account in the registry.

The king can in regulation give closer regulations on the types of quotas that can be approved as settlement of the quota of quota, and the procedures for this. Each quota that is supplied should represent the emissions of one ton of COO equivalent.

If the quota of quota did not within the deadline after the first clause of the settlement has inserted an adequate number of quotas on the settlement account, the quota of quota shall be made within 1. May of the year after settlement of the first clause should have taken place, placing quotas on the indicated settlement account responding to the deficit from the prior year. In addition, the illegation violation fee shall be after Section 19.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 25 May 2012 # 29 (formerly Section 13).
SECTION 13. (issuance of quotas on the basis of emission reduction projects in sectors domestic that do not have quota-liked)

The king can in regulation give closer regulations on the issue of the issue of quotas on the basis of emission reduction projects in sectors domestic that do not have quota-liked.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 27 Feb 2009 # 10, 15 apr 2011 # 12, 25 May 2012 # 29 (formerly Section 15).

Chapter 4. Reporting and Control

0 The headline changed and moved here by law 25 May 2012 # 29.
SECTION 14. (reporting)

The quota of the quota shall each year within a due date determined by the pollution authorities report the preceding year's quota-sized emissions of cliclips to the contaminating authorities.

The king may in regulation or in the individual case provide further regulations on the reporting, heralded regulations on what to report and how the emissions should be calculated or measured.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 25 May 2012 # 29 (formerly Section 16).
SECTION 15. (pollution authorities control)

The Foresight authorities control and approve the individual quota-style reporting of climate gas emissions after Section 14. The approval of the emission report is an individual ordinance.

The king can in regulation or individual ordinance determine that the quota of the quota and aircraft operator's ton-mile data should be verified by an independent third party prior to the delivery. The king can in regulation give closer regulations on the requirements of and accreditation of the verification authority, herditing about the issue of the investigation and the content of verification declarations.

0 Modified by law 25 May 2012 # 29 (formerly Section 17).
SECTION 16. (Internet control)

The regulation authority can provide regulations on internment and Internet control systems to ensure that the requirements stipulited in or in the co-hold of this law be overheld.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 25 May 2012 # 29 (formerly Section 17a).

Chapter 5. Sanctions

0 The headline changed and moved here by law 25 May 2012 # 29.
SECTION 17. (suspension of the right to transfer quotas)

If the quota of the quota did not within 1. April the individual year has reported its emissions in accordance with the regulations given in or in co-hold of Section 14, the pollution authorities are suspending the person from the right to transfer quotas in quota registry forward to satisfactory reporting is present.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12, 25 May 2012 # 29 (formerly Section 19).
SECTION 18. (obsessive)

By violation of the reporting duties after Section 14, the pollution authorities can grasp the ordinance of foreclosure to the state. The order of the death is beginning to run if the quota of the quota that the pollution authorities have stipulating to correct the relationship. The crackdown runs as long as the illegal relationship lasts.

Compulting donut ilegges the quota of quota for Section 4. Attaches of foreclosure are forced grounds for the outlay. The foregone government can be waived on-run compultenement.

0 Modified by law 25 May 2012 # 29 (formerly Section 20).
SECTION 19. (violation fee)

If the quota of the quota has not honored its obligations after Section 13 first clause, 1 ilading the pollution authorities a violation fee to the treasury. The effective fee shall be attributed to 100 euros on the due time of each ton of reporting liquidate climate emissions as there are no placed quotas for at the indicated settlement account according to Section 12 first clause. The effective fee size index is to be index regulated in thread with the European consuma-price index. The fee is due to payment 14 days after claims ; by delayed payment shall be payable payable after law 17. December 1976 # 100 about interest rates at delayed payment m./Vedd. of the violation of the violation fee is compultioned for output. The king can in regulation change the size of the violation fee.

Information about who is illaged the violation fee and the scope of the violation shall be made available to the public.

0 Modified by law 25 May 2012 # 29 (formerly Section 20 ikr. 25 May 2012, but first clause third period ikr 1 jan 2013).
1 Should now be Section 12 first joints.
SECTION 20. (operating ban for air traffic activities)
0 Added by law 15 apr 2011 # 12 (ikr. from the time the King decides). Modified by law 25 May 2012 # 29, changed paragrafnumber from Section 21 a.
SECTION 21. (punishment)

With fines or imprisonment until 3 months or both share punishment it as intentional or negligent, the provisions of the meldduty in Section 8 and the reporting preferences have been given in or in co-compliance with Section 14 of this law. Medimpact does not be punished.

0 Changed by law 29 June 2007 # 93 (ikr. 1 July 2007 ifg res. 29 June 2007 # 823), 15 apr 2011 # 12, 25 May 2012 # 29 (formerly Section 22), 19 June 2015 # 65 (ikr. 1 oct 2015).

Chapter 6. Closing provisions

SECTION 22. (changes in other laws)

In law 13. March 1981 # 6 about protection against pollution and whether waste is made the following changes :---

0 Modified by law 25 May 2012 # 29, changed paragrafnumber from Section 23.
SECTION 23. (Commencement)

The law applies from 1. January 2005.

0 Modified by law 25 May 2012 # 29, changed paragrafnumber from Section 24.