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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-12-17-99

Law on quotas and trading quotas for greenhouse gas emissions (Trading Act).


Date LOV-2004-12-17-99


Department Climate and Environment Ministry

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2004 Booklet 15


Commencement 01.01.2005

Changes


Promulgated
17.12.2004

Short Title
Greenhouse Gas Emission Trading Act

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-8 b)
Chapter 2. Allocation of allowances (§§ 9-10)
Chapter 3. Norwegian Emissions Trading Registry - surrender of allowances (§§ 11-13)
Chapter 4. Reporting and control (§§ 14-16)
Chapter 5. Sanctions (§§ 17-21)
Chapter 6. Final provisions (§§ 22-23) | ||
Chapter 1. Introductory provisions

§ 1 (legislative intent) The purpose of this law is to limit emissions of greenhouse gases cost-effectively through a system of quotas for greenhouse gas emissions and freely tradable emission allowances.
Act applies to the limitations arising from customary international law or agreement that binds Norway.

§ 2 (extent of this Act) This Act applies to greenhouse gases

A)
in the kingdom, except Svalbard,

B)
from activities on the Norwegian continental shelf,

C)
from aviation activities within the European Economic Area, as well

D)
from aviation activities to and from the European Economic Area

The King may decide that the Act shall apply to Svalbard, and make further provisions regarding extent of this Act otherwise.

§ 3. (emissions covered by this Act) This Act applies emissions of greenhouse gases from stationary industrial operations and aviation activities.
The King may issue further provisions on which greenhouse gases, activities and businesses covered by the first paragraph.
The King may issue regulations on the emission of greenhouse gases from production units with a capacity below a prescribed limit shall be exempt from this law. King may by regulations also make provision that several production units located in the same place, and is in close operational matters, or that are not in the same place, but that is in close operational and physical context, be considered as a whole when calculating capacity . King may by regulations also make provision that certain transport activities, including transport activities that do not exceed certain activity or emission limits, shall be exempt from this law.
The King may issue further provisions on which to quotas aircraft operators shall use the Norwegian executive authorities.

§ 4. (quotas) Operators of activities or carry out activities mentioned in § 3 or regulations issued pursuant thereto is subject to quotas under this Act and must submit allowances corresponding to their quota obligation emissions in accordance with the provisions of § 12 . for businesses covered by the pollution Control Act also required permit under the pollution Act § 11. for aircraft operators requires an approved plan for monitoring emissions and activity data.

§ 5. (application for a discharge permit and quota) The King may issue further provisions concerning applications for permission to quotas emissions Pollution Control Act § 11 subsection two and the applications for allocation of free allowances. The environmental authorities may in each case determine which information or studies the applicant must provide.
Ministry may issue regulations concerning procedure to supplement the provisions of the Services Act the application for allocation of free allowances and for approval of the installation's reporting of GHG emissions under § 15, including procedural deadline and legal consequences of deadline exceedance. Exceptions Services Act § 11 subsection may be made only when it is justified by overriding public interest, including the interests of private individuals defensible interests.

§ 6. (information and investigations) After imposition of the competent authority undertakes to quotas notwithstanding the confidentiality to provide the competent authority or other government agencies the information necessary for carrying out statutory duties.
Information as mentioned in the first paragraph may also be required from other public authorities, notwithstanding the secrecy that otherwise applies. The environmental authorities may decide in what form the information should be given.
Decision after the first or second paragraph shall be made by regulations or individual.
Environmental authorities may impose quota obligation to provide or pay for investigations or similar measures that may reasonably be required to ascertain whether the requirements for calculating or measuring, monitoring or reporting of tradable carbon emissions or activity level is maintained.


§ 7. (surcharge) King may by regulations make provision for the payment of fees for the establishment and operation of an account, a decision on the allocation of allowances, the issue of quotas, and for approval of monitoring plans. King may by regulations prescribe that the costs associated with pollution control authorities under § 15 shall be covered by the Emission Trading Scheme.

§ 8. (notification) The King may issue regulations that the doing business or performing activities mentioned in § 3 or regulations issued pursuant to the law, is obliged to notify the competent authority of planned changes to business or activity level and information about the implementation of such changes.

§ 8 a. (Added by Act of 15 April 2011 No.. 12, repealed by Act of May 25, 2012 No.. 29).

§ 8 b. (Added by Act of 15 April 2011 No.. 12, repealed by Act of May 25, 2012 No.. 29).

Chapter 2. Allocation of allowances

§ 9 (sale of quotas) The King may issue further provisions on the organization and conduct of the sale of quotas.

§ 10. (allocation of allowances free of charge) The King may lay down regulations on the allocation of free allowances for the period 2013 to 2020, including provisions for the reversal of a decision on the allocation on the basis of our obligations under international law or on the basis of changes in the desktop industrial businesses' capacity, activity level or operation which has an impact on the basis for the award.
It set aside an allowance reserve for gratuitous allocation to high-efficiency cogeneration plants in the period 2008-2012. King lays down further provisions on the size of this reserve, the types of businesses that can apply and other criteria should be the basis for allocation under this subsection.

Chapter 3. Norwegian Emissions Trading Registry - surrender of allowances

§ 11. (The Norwegian Emissions Trading Registry) The Norwegian Emissions Trading Registry shall contain information on the issue, issue, holding, transfer, transfer to surrender and cancellation of allowances.
The King will appoint a competent authority for the establishment and operation of the register. The King may issue further provisions on the design and operation of the registry, including providing provisions limiting the right to transfer allowances where necessary in accordance with the regulations under the 1997 Kyoto Protocol to the 1992 UN Framework Convention on Climate Change.
Public authorities have the right to access information from the Registry to the extent necessary to facilitate their tasks in or pursuant to law.
Notwithstanding the statutory duty of confidentiality may be granted access to information under the EEA agreement annex XX. 21.

§ 12. (obligation to surrender allowances) The allowance shall by 30 April each year transmit a number of allowances that corresponds to the company or operator reportable emissions in the previous year, to a specified retirement account in the registry.
The King may issue further provisions on the types of allowances should be accepted as payment for allowances, and the procedures for this. Each quota submitted, should represent the emission of one ton of CO₂ equivalents.
If the quota obligation not within the time limit under subsection inserting a sufficient number of allowances on the settlement account, the quota obligation by May 1 year after the settlement pursuant to the first paragraph should have taken place, placing quotas on the designated retirement account corresponding the deficit of the previous year. In addition, the violation charge is imposed by § 19

§ 13. (issue of allowances on the basis of emission reduction projects in sectors domestically that do not have quotas) The King may issue further provisions on the issue of quotas on the basis of emission reduction projects in sectors domestically that do not have quotas.

Chapter 4. Reporting and control

§ 14. (Reporting) The quota obligation shall annually, before a deadline set by the pollution control authorities report the previous year's quota obligation greenhouse gas emissions to the competent authority.
King may by regulations or in individual cases give further provisions on reporting, including provisions on what should be reported and how emissions should be calculated or measured.

§ 15. (pollution control authorities) pollution control authorities controls and approves the individual installation's reporting of GHG emissions under § 14. The approval of the emissions report is an individual.

The King may by regulations or individual determine that the installation's emission report and luftfartøysoperatørers tonne-kilometer data shall be verified by an independent third party prior to filing. The King may issue further provisions concerning requirements and accreditation of verification bodies, including the preparation and content of verification reports.

§ 16. (internal) The competent authority may issue regulations on internal control and internal control systems to ensure that the requirements established under this Act.

Chapter 5. Sanctions

§ 17 (suspension of the right to transfer allowances) If the quota obligation not later than April 1 each year have reported their emissions in accordance with the provisions laid down in or pursuant to § 14, the pollution control authorities suspend them from the right to transferring quotas in the registry until satisfactory reporting exists.

§ 18. (coercive) In case of violation of the reporting obligation under § 14 pollution control authorities may impose coercive fines to the state. Levying of the fine if the quota obligation fails to meet the deadline as pollution by the authorities to remedy the failure. Coercive run as long as the unlawful situation persists.
The fine imposed on the operator pursuant § 4. The decision fines are enforceable by execution. The environmental authorities may waive fines.

§ 19 (violation penalties) If the quota obligation has not complied with its obligations under § 13 subsection 1 imposes pollution authorities a fine to the Treasury. Administrative fines shall correspond to 100 euros at maturity date for each tonne reportable greenhouse gas emissions that it is not placed quotas on the designated settlement account pursuant to § 12 first paragraph. Overtredelsesgebyrets size, the index in line with the European consumer price index. The fee is due for payment 14 days after demand. Delayed payment interest shall be payable by the Act of 17 December 1976 no. 100 relating to interest on overdue payments Decisions on violation fines are enforceable by execution. The King may issue resize violation charge.
Information about who is violation charges imposed and the extent of the infringement to be made available to the public.

§ 20. (operating ban for aviation activities)

§ 21. (fines) Fines or imprisonment not exceeding three months or both to anyone who willfully or negligently violates the provisions concerning the duty of § 8 and reporting requirements imposed by or pursuant to § 14 of this Act. Complicity is punishable not.

Chapter 6. Final provisions

§ 22 (amendments to other Acts) Under Act 13 March 1981. 6 concerning protection against pollution and concerning waste is amended as follows: - - -

§ 23 (effective) Act applies from 1 January 2005.