Act No. 172 / 2018 Coll.
Act amending Act No. 201 / 2012 Coll., on Air Protection, as amended
Valid
Effective from 01.09.2018
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172
THE LAW
of 19 July 2018
amending Act No. 201 / 2012 Coll., on Air Protection, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 201 / 2012 Coll., on Air Protection, as amended by Act No. 64 / 2014 Coll., Act No. 87 / 2014 Coll., Act No. 382 / 2015 Coll., Act No. 369 / 2016 Coll., Act No. 183 / 2017 Coll. and Act No. 225 / 2017 Coll., is amended as follows:
1. At the end of footnote 1, the following sentence is added:
"Council Directive (EU) 2015 / 652 of 20 April 2015 laying down the methods of calculation and reporting pursuant to Directive 98 / 70 / EC of the European Parliament and of the Council on the quality of petrol and diesel fuels.
Directive (EU) 2015 / 1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 / 70 / EC on the quality of petrol and diesel fuels and Directive 2009 / 28 / EC on the promotion of the use of energy from renewable sources.
Directive (EU) 2016 / 2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain air pollutants, amending Directive 2003 / 35 / EC and repealing Directive 2001 / 81 / EC. ';
2. in Article 1 (2) (e), the words "fuel suppliers" shall be replaced by the words "persons putting motor petrol or diesel for free circulation in the tax territory of the Czech Republic for transport purposes and persons supplying motor gasoline or diesel for transport purposes in another Member State of the European Union (" supplier of motor gasoline or diesel ")";
3. In Article 2, at the end of point (p), the dot is replaced by a comma and the following points (q) to (v) are added:
"(q) motor gasoline fuel, diesel fuel, liquefied petroleum gas, natural gas, hydrogen, biofuel, biogas or other renewable fuel or mixed fuel;
(r) propellant for transport purposes of propellant used for the propulsion of road vehicles, special vehicles, railway vehicles or vessels on inland waterways, including recreational craft;
(s) electricity for transport purposes electricity used for the propulsion of road vehicles;
(t) greenhouse gas emissions per unit of energy total greenhouse gas emissions expressed in CO2 equivalent produced in the complete life cycle of fuel for transport purposes or electricity for transport purposes, divided by the total energy content of fuel expressed in calorific value or energy in the form of electricity;
(u) emissions of greenhouse gases generated during the complete life cycle of fuel for transport purposes or electricity for transport purposes of the total net CO2 emissions, CH4 and N2O attributable to that fuel, including blended components, or electricity, over a period covering all stages of the process of producing and consuming fuel or electricity from the extraction or cultivation of land, including land use changes, through transport, distribution and processing, to combustion, regardless of when such emissions arise;
(v) emissions from the extraction of any greenhouse gas emissions that occur before the relevant raw material is processed in a refinery or processing plant where fuel is produced. ';
4. In Article 3, at the end of the text of paragraph 1, the words "and, for municipalities and counties, in the exercise of their separate competence with an impact on the air 'shall be added.
5. In Article 7 (1), at the end of the second sentence, the words "and the register of impacts of air pollution on ecosystems in which data on the impacts of air pollution on ecosystems are kept 'shall be added.
6. In Paragraph 7 (2), the sentence "When carrying out an emission inventory and processing its results, the Ministry shall follow the procedures approved under the Convention on Long-Range Transboundary Air Pollution."
7. In Article 8 (1), the second sentence is deleted and at the end of the paragraph the sentence "The requirements for the content of the national programme are set out in Annex 12 to this Act."
8. Paragraph 8 (2) reads as follows:
"(2) The Ministry shall process and notify the European Commission at least once every 4 years. Without prejudice to that obligation, the Ministry shall update the instruments and measures contained in the national programme within 18 months of the submission of the latest national emission inventory or national emission projections to the European Commission in the event that, according to the data submitted, national emission reduction commitments have not been met or there is a risk of non-compliance. ';
9. In Article 9 (1), the words "and with the relevant region or municipality in its separate jurisdiction 'shall be inserted after the words" the municipal authority', the words "the issue 'shall be replaced by the words" the approval' and the words "measures of a general nature 'shall be deleted.
10.Paragraph 9 (4) reads as follows:
"(4) The municipality and the region shall implement the measures imposed on them in the relevant air quality improvement programme, as far as possible, so as to reach the limit of imitation as soon as possible. For this purpose, the municipality and the region shall, within 12 months of the date of publication of the relevant air quality improvement programme in the Ministry of the Environment Bulletin following that programme, draw up its timetable for the implementation of the measures, which shall be published in a manner that allows remote access. The Region shall provide the municipality with the necessary synergies in the preparation of the timetable to ensure its consistency with the regional timetable. ';
11. in Article 9 (5), the words "and with the respective region or municipality under separate jurisdiction" shall be inserted after the words "the municipal authority" and the number "3" shall be replaced by "4."
12. In the second sentence of Article 16 (7), the words "This shall not apply if 'are replaced by the words" This obligation shall not apply to family homes and buildings for family recreation and to cases where'.
13. In Paragraph 16, the following paragraph 9 is inserted after paragraph 8:
"(9) The qualified person referred to in Article 17 (1) (h) shall report data to the Ministry, through an integrated reporting system, to the extent provided for in the implementing legislation, within 60 days of the issue of the document of carrying out the inspection of the technical condition and operation of the combustion stationary source on solid fuels with a total rated thermal input of 10 to 300 kW inclusive, as a heat source for the central heating hot water system. ';
Paragraph 9 shall become paragraph 10.
14. In Article 16 (10), the word "a 'is replaced by a comma and at the end of the text of the paragraph the words" and the extent of the data reported through the integrated reporting obligation system' are added.
15. In Article 17 (1) (g), Article 41 (16) and the title of Annex 11 to the Act, the words "from 10" are deleted.
16. in Article 17 (1) (g) and Article 41 (16), the words "and which is not also designed for direct heating of the installation site" shall be inserted after the words "heating."
17. in Article 17 (1) (h), the words "once every two calendar years" shall be replaced by the words "regularly at least every three years," after the word "via," the words "physical" shall be inserted and the words "total" shall be inserted after the word "solid fuels";
18. in Paragraph 17 (1) (h), at the end of the text of the first sentence, the words "if a regular check of the boiler operated under the Energy Management Act 33 has been carried out, the check of technical condition and operation under that Act shall be deemed to have been carried out in the same calendar year; In such a case, the operator is obliged to submit a report on this periodic check to the municipal authority of the municipality on request," and the second sentence is replaced by "In the event that the producer of the combustion stationary source is not known, disappeared or is unable to provide a qualified person who could carry out a check on the technical condition and operation within the reference financial limit laid down in the implementing legislation, the check may be carried out by a qualified person authorised by another manufacturer to carry out a check on the technical condition and operation of the same type of combustion stationary source. The manufacturer shall, within 30 days of his request, issue an opinion on the availability of the competent person, as referred to in the previous sentence, and the operator shall attach it to the inspection document submitted at the request of the municipal authority with extended scope. If the manufacturer fails to provide his or her observations within the time limit set, he or she shall be deemed not to be able to provide the competent person within the specified reference financial limit. In such a case, the operator shall, upon request of the municipal authority of the municipality with an extended scope, demonstrate in a credible manner that the manufacturer has requested comments. '.
19. In Article 17 (5), the sentence "The municipality may, by decree, prohibit the combustion of selected solid fuels in fixed sources according to the first sentence in the defined territory of the municipality, except for the combustion stationary sources referred to in Article 17 (1) (g) meeting the requirements set out in Annex 11 to this Act."
20. In Article 17, at the end of the text of paragraph 7, the words "and the reference financial limit for carrying out such a check, which is responsible for assessing the manufacturer's ability to provide a competent person and which includes all the costs associated with its implementation, including transport costs corresponding to a distance of 50 km 'are added.
21. The following Section 17a is inserted after Section 17, which includes the title:
Database of competent persons
(1) The database of competent persons is a public administration information system for the management of data on competent persons and allows the operator to communicate with the producer of the combustion stationary source concerning the availability of the competent person referred to in Article 17 (1) (h). The administrator of the database of competent persons shall be the Ministry.
(2) The database referred to in paragraph 1 shall include the following data on competent persons:
(a) name and surname;
(b) the identification number of the person, if assigned;
(c) the address of the registered office;
(d) other contact details (telephone, e-mail address),
(e) the scope of the authorisation (types of combustion sources); and
(f) the validity of the authorisation.
(3) The data referred to in paragraph 2 shall be entered and updated in the database by the producer of the combustion stationary source registered for that purpose by the Ministry.
(4) The manufacturer of the combustion stationary source shall, by remote access, insert data on the competent person within 30 days of the authorisation to install, operate and maintain the stationary combustion source or its modification. ';
22. In Section 19 (1) of the Introductory Part of the provision, the words "A person who places motor petrol or diesel for free circulation in the tax territory of the Czech Republic for transport purposes or a person who supplies motor petrol or diesel for transport purposes in another Member State of the European Union (" the fuel supplier ') shall be replaced by "The supplier of motor gasoline or diesel is obliged'.
23. In § 19 (2) and (3), § 19 (4) second sentence, § 19 (5), § 19 (8) second and fourth sentences, § 19a (3), § 19b (1), (3) and (4), § 19c (1) and (3), § 19d first sentence, § 19e and § 25 (6) (d) to (h), the words "fuel supplier" are replaced by the words "supplier of motor petrol or diesel."
24. in the first sentence of Article 19 (4), in the first sentence of Article 19 (7), in the first sentence of Article 19 (8), in the first sentence of Article 19 (10) and in the first part of Article 19a (1), in the introductory part of the provision, the words "fuel supplier" are replaced by the words "Supplier of motor petrol or diesel."
25. in the first sentence of Article 19 (4) and in Article 25 (6) (d), the word "motor" shall be inserted after the word "manufactured."
26. in Article 19 (5) (a) and Article 19a (3) (a), the word "transported," shall be replaced by the words "transported; this shall not apply to the transport of biofuels for which the Consumer Taxation Act 17) does not permit this mode of transport, or to the transport of generally denatured alcohol, provided that it is transported under the conditions laid down by the Consumer Taxation Act 17); ';
27. In Article 19, the following paragraph 6 is inserted after paragraph 5, including footnote 35:
"(6) For the purpose of complying with the obligation referred to in paragraph 1, the quantity of biofuels delivered shall be multiplied by two for biofuels which are produced from used cooking oil or by-products of category 1 or 2 in accordance with the directly applicable European Union Regulation on animal by-products (35) and for biofuels that have a low impact on indirect land use change and comply with the requirements laid down in the implementing legislation.
35) Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774 / 2002 (Animal by-products Regulation). '
Paragraphs 6 to 10 shall become paragraphs 7 to 11.
28. In Paragraph 19 (10), the words "Suppliers of fuel 'are replaced by the words" Suppliers of motor gasoline or diesel fuel' and the number "8 'is replaced by" 9'.
29. In Section 19, paragraph 12 is added:
"(12) The Government shall establish requirements for biofuels that have a low impact on indirect land use change. ';
30. in Article 19a, the following paragraph 5 is added:
"(5) For the purpose of complying with the obligation referred to in paragraph 1, the quantity of biofuel delivered shall be multiplied by two for biofuels which are produced from used cooking oil or by-products of category 1 or 2 in accordance with the directly applicable European Union Regulation on animal by-products (35) and for biofuels which have a low impact on indirect land use change and comply with the requirements laid down in the implementing legislation. ';
31. In the second sentence of Paragraph 19d, the words "fuel suppliers' are replaced by the words" fuel suppliers'.
32. Paragraph 20, including the title and footnotes Nos 36 to 38, reads as follows:
"Obligation to reduce greenhouse gas emissions from petrol or diesel fuels per calendar year
(1) The supplier of motor gasoline or diesel fuel is obliged to reduce greenhouse gas emissions per unit of energy contained in the fuel for transport purposes and electricity for transport purposes annually by 3,5% by 31 December 2017 and by 6% by 31 December 2020 and by subsequent years, compared to the baseline value of greenhouse gas emissions for fossil fuels. The compulsory reduction does not include the national material reserves introduced for free circulation in the tax territory of the Czech Republic. The method of calculating greenhouse gas emissions from fuel for transport purposes and electricity for transport purposes is laid down in the implementing legislation.
(2) The supplier of motor gasoline or diesel fuel may also fulfil the obligation under paragraph 1:
(a) the entry into free circulation in the tax territory of the Czech Republic for transport purposes of pure biofuels or mixed fuels under another legislation governing propellants (15);
(b) the introduction into free circulation of liquefied petroleum gas in the tax territory of the Czech Republic for transport purposes;
(c) the supply of natural gas or biogas for transport purposes to the premises of a service station in the tax territory of the Czech Republic, provided that it has been obliged to grant and pay a tax or to qualify for exemption from that tax under another legislation governing the taxation of certain gasies36),
(d) the sale of hydrogen for transport purposes in the tax territory of the Czech Republic where it has been obliged to grant and pay a tax on mineral oils under another legislature37); or
(e) the supply of electricity for transport purposes in the tax territory of the Czech Republic from a public rechargeable station registered in the register of service and recharging stations under another law governing fuel (15), provided that the amount of electricity at the entrance to the rechargeable station is measured by a specified meter under another law governing metrologii38).
(3) The supplier of motor gasoline or diesel fuel shall report annually electronically to the Ministry and to the customs office by 30 June each year on the emissions of greenhouse gases from transport fuels and electricity for transport purposes for the previous calendar year (hereinafter referred to as the "emission report '). The content elements and the model of the emission report are laid down in the implementing legislation. In addition to these content elements, the supplier of motor gasoline or diesel fuel, who is a member in accordance with paragraph 5 or § 20a (1), shall also indicate in the emission report:
(a) the identification data of the supplier of motor gasoline or diesel fuel for which he has transferred greenhouse gas emission savings for the purpose of joint fulfilment of the obligation referred to in paragraph 1 to the benefit of the company contract;
(b) the identification data of the supplier of motor gasoline or diesel fuel from which he has accepted, and the amount of that savings, by virtue of a company contract, for the purpose of joint fulfilment of the obligation referred to in paragraph 1; and
(c) the identification data of the person referred to in Article 20a (1) from whom he has accepted, and the amount of, the greenhouse gas emission savings for the purpose of fulfilling the obligation under paragraph 1 under the company contract.
(4) The supplier of motor gasoline or diesel fuel shall ensure that the information specified in the emissions report authorised by the person referred to in Article 32 (1) (f) is verified and a copy of the verification report is attached to the emissions report. If it does not submit this report, including the verification, even within an alternative deadline set by the customs office, it shall be deemed not to have achieved any reduction in greenhouse gas emissions per unit of energy contained in the fuel for transport purposes and in electricity for transport purposes compared to the basic value of the production of greenhouse gas emissions for fossil fuels provided for in the implementing legislation and thus fail to fulfil the obligation referred to in paragraph 1.
(5) Suppliers of motor gasoline or diesel fuel may pool as partners for the purpose of joint fulfilment of the obligation referred to in paragraph 1. Together with the emission report, individual members shall submit a copy of the company contract. The contract shall contain a tabular overview of the amount of greenhouse gas emission savings in kilograms entered into the company by the members, the amount of greenhouse gas emissions in kilograms achieved per company and the amount of greenhouse gas emission savings thus obtained in kilograms left to each supplier of motor gasoline or diesel in the company associated. If the supplier of motor gasoline or diesel fuel does not submit a copy of the company contract or within the time limit laid down by the customs office, he shall not be taken into account for the content of the contract in his favour. If, in the case of an association, the compliance with the conditions laid down in Paragraph 20a (6) for the relevant energy contained in biofuels, liquefied petroleum gases, natural gas, hydrogen or electricity is not demonstrated, that energy shall be considered to have been taken into account for the fulfilment of its obligations under paragraph 1 by the supplier of motor gasoline or diesel fuel which has put the relevant energy into the company.
36) Part 44, § 2 (1) (b) and (c), § 5 (1) (a) and § 5 (3) of Act No. 261 / 2007 Coll., on the stabilisation of public budgets.
37) Paragraph 46 (1) (d) of Act No 353 / 2003 Coll., on excise duties, as amended.
38) Decree No 345 / 2002 Coll., laying down measuring instruments for compulsory verification and measuring instruments subject to type approval, as amended. '
footnote 18 is deleted.
33. The following Sections 20a and 20b are inserted after Section 20, including footnote 39:
(1) The supplier of motor gasoline or diesel fuel may also be associated with a person who:
(a) shall put pure biofuel or mixed fuel into free circulation in the tax territory of the Czech Republic for transport purposes in accordance with another law governing propellants (15);
(b) introduce liquefied petroleum gas (39) for free circulation in the tax territory of the Czech Republic for transport purposes;
(c) deliver natural gas or biogas for transport purposes to the premises of a petrol station in the tax territory of the Czech Republic, provided that it is obliged to grant and pay a tax or qualify for exemption from that tax under another legislation governing the taxation of certain gasies36),
(d) sell hydrogen for transport purposes in the tax territory of the Czech Republic if it becomes obliged to grant and pay mineral oil tax under another legislature37); or
e) deliver electricity for transport purposes in the tax territory of the Czech Republic from a public rechargeable station registered in the register of service and rechargeable stations under another law governing fuel (15), if the amount of electricity at the entrance to the rechargeable station is measured by a specified meter under another legislation governing metrologii38).
(2) Where the case is referred to in paragraph 1, the supplier of motor gasoline or diesel fuel shall submit a copy of the company contract together with the emissions report. The contract shall include a tabular overview of the amount of greenhouse gas emission savings in kilograms that have been put into the company by the members, the amount of greenhouse gas emissions in kilograms achieved per company and the amount of greenhouse gas emission savings thus obtained in kilograms left to the partner who is the supplier of motor gasoline or diesel. Where a supplier of motor gasoline or diesel fuel does not submit a copy of the company contract or the declaration of honour referred to in paragraph 5, or within the time limit laid down by the customs office, he shall not be taken into account in the content of the contract giving rise to it.
(3) For the purpose of fulfilling the obligation referred to in Article 20 (1), the energy contained in biofuels shall be taken into account only if biofuels:
(a) has been produced or transported in the tax territory of the Czech Republic under the conditional exemption scheme or in the tax territory of the Czech Republic under the conditional exemption scheme; This does not apply to the transport of biofuels for which the Consumer Taxation17 Act does not permit this mode of transport, nor to the transport of generally denatured alcohol, provided it is transported under the conditions laid down by the Consumer Taxation17 Act),
(b) meet the sustainability criteria laid down in the implementing legislation;
(c) has been consumed in the tax territory of the Czech Republic;
(d) has not been re-released for free circulation; and
(e) it has not yet been taken into account for the purpose of fulfilling the obligation referred to in Article 20 (1) or to fulfil a similar obligation in the territory of another Member State of the European Union.
Compliance with the sustainability criteria referred to in point (b) shall be demonstrated in the manner set out in Section 21. In order to demonstrate that biofuels have not yet been taken into account under point (e), a supplier of motor gasoline or diesel fuel shall submit to the customs office a declaration of honour issued by a person who is entitled to issue proof of compliance with the sustainability criteria under Article 21 (1), (11) or (12).
(4) Energy contained in liquefied petroleum gases is only taken into account for the purpose of fulfilling the obligation referred to in Article 20 (1) if the conditions laid down in paragraph 3 (a), (c) and (d) apply mutatis mutandis. The energy contained in natural gas, hydrogen or electricity shall only be taken into account for the purpose of fulfilling the obligation set out in Paragraph 20 (1) if the condition set out in paragraph 3 (a) applies. (c) mutatis mutandis.
(5) In order to take into account the energy contained in liquefied petroleum gas, natural gas, hydrogen or electricity for the purpose of fulfilling the obligation referred to in Article 20 (1), a supplier of motor gasoline or diesel fuel shall submit to the customs office a declaration of honour issued by a person referred to in paragraph 1, with whom he has been associated for the purpose of fulfilling the obligation referred to in Article 20 (1), confirming that the relevant fuel or electricity has not yet been taken into account for the purpose of fulfilling the obligation referred to in Article 20 (1) or to fulfil a similar obligation in the territory of another Member State of the European Union.
(6) The conditions for taking into account the energy referred to in paragraphs 3 to 5 shall apply to biofuels, liquefied petroleum gases, natural gas, hydrogen and electricity supplied for transport purposes by a supplier of motor gasoline or diesel fuel or by the person referred to in paragraph 1. In the case of an association pursuant to Article 20 (5), the supplier of motor gasoline or diesel fuel who has put the relevant energy contained in biofuels, liquefied petroleum gases, natural gas, hydrogen or electricity into the company demonstrates compliance with the conditions for taking into account the energy referred to in paragraphs 3 to 5. In the case of an association referred to in Article 20a (1), the person referred to in paragraph 1 shall demonstrate compliance with the conditions for taking account of energy referred to in paragraphs 3 and 4.
(7) The Government of the Republic of Moldova establishes the basic value of greenhouse gas emissions production for fossil fuels, the method of calculating greenhouse gas emissions from fuels for transport purposes and electricity for transport purposes, and the content and model of the emissions report.
(1) The supplier of motor gasoline or diesel fuel may fulfil the obligation to reduce greenhouse gas emissions referred to in Article 20 (1) by taking into account the reduction of emissions from extraction achieved in the relevant calendar year in any country, up to 1% of the baseline value of greenhouse gas emissions for fossil fuels.
(2) Reductions in mining emissions may only be taken into account if measures to reduce mining emissions have been implemented after 1 January 2011, the quantity of reduced extraction emissions has been verified by an authorised person pursuant to Paragraph 32 (1) (f) or by an authorised person or another similar authorisation issued in accordance with the legislation of another Member State of the European Union and has not yet been taken into account for the purpose of fulfilling the obligation to reduce greenhouse gas emissions in the Czech Republic or another Member State of the European Union. The conditions for verifying the reduction of mining emissions shall be laid down in the implementing legislation.
(3) The supplier of motor gasoline or diesel fuel shall be obliged to send a copy of the document to the Ministry immediately upon receipt of the proof of reduction of emissions from the extraction. The content of the proof of reduction of mining emissions is laid down in the implementing legislation.
(4) Reductions in mining emissions may also be demonstrated by a document issued in another Member State of the European Union in accordance with the legislation of that Member State. Paragraph 3 of the first sentence shall apply mutatis mutandis.
(5) The Government of the Government of the Republic of Moldova, by regulation, lays down the conditions for verifying the reduction of emissions from mining and the content of the proof of reduction of emissions from mining.
39) Paragraph 45 (1) (e) and (g) of Act No 353 / 2003 Coll., on excise duties. '
34. The following Sections 20c to 20e are inserted after Section 20b, including the headings:
Obligation to ensure a minimum reduction in greenhouse gas emissions from diesel or diesel fuels during the calendar year
(1) The supplier of motor petrol or diesel fuel is obliged to reduce greenhouse gas emissions per unit of energy contained in the fuel for transport purposes and electricity for transport purposes in such a way that during the relevant period:
(a) in accordance with paragraph 2 (a) to (c), has achieved a reduction of 3% in 2018 and 2019, and 5,1% in 2020 and subsequent years, compared to the basic value of greenhouse gas emissions production for fossil fuels,
(b) in accordance with paragraph 2 (d), the reduction provided for in Article 20 (1) has been achieved in comparison to the basic value of greenhouse gas emissions production for fossil fuels provided for in the implementing legislation.
The compulsory reduction does not include the national material reserves introduced for free circulation in the tax territory of the Czech Republic. The method of calculating greenhouse gas emissions from fuel for transport purposes and electricity for transport purposes is laid down in the implementing legislation.
(2) For the purpose of fulfilling the obligation to reduce greenhouse gas emissions per unit of energy contained in fuel for transport purposes and electricity for transport purposes during a calendar year, the relevant period shall be:
(a) January to March;
(b) January to June,
(c) January to September;
(d) January to December.
(3) The supplier of motor gasoline or diesel fuel may also comply with the obligation referred to in paragraph 1 in the manner set out in Section 20 (2) or by taking into account the reduction of emissions from the extraction referred to in Section 20b.
(4) Suppliers of motor gasoline or diesel fuel may pool as partners for the purpose of joint fulfilment of the obligation referred to in paragraph 1. In addition to the emission notification, individual members shall submit a copy of the company contract. The supplier of motor gasoline or diesel fuel who has put the relevant energy contained in biofuels, liquefied petroleum gases, natural gas, hydrogen or electricity into the company demonstrates compliance with the conditions for taking into account energy pursuant to § 20a (3) to (5). If the supplier of motor gasoline or diesel fuel does not submit a copy of the company contract or within the time limit laid down by the customs office, he shall not be taken into account for the content of the contract in his favour. If, in the case of an association, the compliance with the conditions laid down in Paragraph 20a (6) for the relevant energy contained in biofuels, liquefied petroleum gases, natural gas, hydrogen or electricity is not demonstrated, that energy shall be considered to have been taken into account for the fulfilment of its obligations under paragraph 1 by the supplier of motor gasoline or diesel fuel which has put the relevant energy into the company. The contract shall also contain an affidavit under Paragraph 20a (3) and (5).
(1) The supplier of motor gasoline or diesel fuel may also pool with the person referred to in Article 20a (1) (a) to (e) during the calendar year referred to in Article 20c (1) in order to fulfil the obligation to ensure a minimum reduction of greenhouse gas emissions from motor petrol or diesel fuel.
(2) Where the case referred to in paragraph 1 is concerned, the supplier of motor gasoline or diesel fuel shall submit a copy of the company contract together with the notification of compliance with the obligation to ensure a minimum reduction in emissions pursuant to Article 20e. The contract shall also contain an affidavit under Paragraph 20a (3) and (5). Where a supplier of motor gasoline or diesel fuel does not submit a copy of the contract for a company or a declaration of honour, or within a time limit set by the customs office, he shall not be taken into account for the content of the contract giving rise to it.
(3) Energy contained in biofuels, liquefied petroleum gas, natural gas, hydrogen or electricity shall be taken into account for the purpose of fulfilling the obligation set out in Article 20c (1) only if the conditions set out in Article 20a (3) to (6) are met. The person referred to in paragraph 1 shall demonstrate compliance with the conditions for taking into account the energy referred to in Article 20a (3) and (4).
Notification of compliance with the obligation to ensure a minimum reduction of greenhouse gas emissions from diesel or diesel fuels during the calendar year
(1) The notification of compliance with the obligation to ensure a minimum reduction in greenhouse gas emissions during the calendar year shall be submitted by the supplier of motor gasoline or diesel fuel to the customs office within 40 days of the end of the relevant period.
(2) The notification referred to in paragraph 1 shall be made electronically in the format and structure published by the Directorate-General for Customs on its website.
(3) In the notification referred to in paragraph 1, the supplier of motor gasoline or diesel fuel shall provide information on compliance with the obligation to ensure minimum greenhouse gas emissions reductions during the calendar year. In addition to these content elements, the supplier of motor gasoline or diesel fuel, which is a member under § 20c (4) or § 20d (1), shall also indicate in the emission report:
(a) the identification data of the supplier of motor gasoline or diesel fuel, in respect of which, under the company contract, he has transferred the greenhouse gas emission savings for the purpose of joint fulfilment of the obligation under Paragraph 20c (1), and the amount of such savings;
(b) the identification data of the supplier of motor gasoline or diesel fuel from which he has accepted, and the amount of that savings, by virtue of a company contract, of greenhouse gas emissions savings for the purpose of joint fulfilment of the obligation under Article 20c (1); and
(c) the identification data of the person referred to in Article 20d (1) from whom he has accepted, and the amount of, greenhouse gas emission savings for the purpose of fulfilling the obligation under Article 20c (1) under the company contract. ';
35. in Sections 21 (1) (a), 21 (5), 9 and 11, 32 (2) and 34 (3) of the introductory part of the provision, the text "(g)" is replaced by "(f)."
36. in Article 23 (1) (h), the words "once every two calendar years" shall be replaced by the words "at least every three years" and the words "or a report of periodic inspection according to the Energy Management Act (33) shall not be added to the proof of inspection of the producer's observations or shall not show that he has requested such observations."
37. in Article 25 (1) (o), the words "once every two calendar years" shall be replaced by the words "at least every three years" and at the end of the text the words "or the report on the regular inspection according to the Energy Management Act (33) shall not be added to the document of inspection of the producer's observations or shall not show that he has requested such observations."
38. in Paragraph 25 (1) (p), the word "or" shall be deleted;
39. in Paragraph 25 (1) (q), the dot is replaced by a comma and the following points (r) and (s) are added:
"(r) as a competent person, in breach of Paragraph 16 (9), does not report data to the Ministry within a specified period by means of an integrated reporting system to the extent provided for in the implementing legislation; or
(s) as a producer of an incineration stationary source, in breach of Article 17a (4), shall not enter the required data into the database of competent persons within the prescribed time limit. ';
40. in Paragraph 25 (6) (e), "7" is replaced by "8."
41.In Paragraph 25 (6) (f), "10" is replaced by "11."
42.In Paragraph 25 (6) (h), "4" is replaced by "3" and "5" is replaced by "4."
43. In Article 25 (6), the words "or shall not submit notifications of compliance with the minimum emission reduction obligation during the calendar year referred to in Article 20e (1) 'shall be added at the end of the text of point (h).
44. in Article 25 (7) (a), the words "paragraph 3 (b) or paragraph 6 (g)" shall be replaced by "paragraph 3 (b)";
45. in Paragraph 25 (7) (c), "or (p)" shall be replaced by "(p), (r) or (s)."
46. In Article 25, the following paragraph 8 is added:
"(8) A penalty may be imposed for the offence of a legal person or an operating natural person referred to in paragraph 6 (g) for the non-reduction of greenhouse gas emissions, the amount of which shall be determined as the product of the quantity of greenhouse gas emissions in kilograms by which the required emission reduction has not been achieved pursuant to § 20 (1) and 10 CZK. '
47. In the second sentence of Paragraph 27 (4), footnote 33 is replaced by footnote 34.
footnote 33 with the text "Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009 'is replaced by footnote 34.
48. In Article 30 (1), the words "including emission inventories and emission projections and information on the methodology for calculating emission inventories and projections' shall be added at the end of the text in point (b).
49. in Article 32 (1) (f) and Article 32 (7) of the Introductory Part of the provision, the number "5" is replaced by "4" and after the text "Article 20 (4)" the words "verification of the reduction of emissions from mining pursuant to Article 20b (2)" are inserted.
50. in Article 32 (7) (a):
"(a) a list of natural persons who are in a work or similar relationship with the applicant and who will carry out verifications for the applicant and evidence of the fulfilment of their qualification assumptions, which are higher education and at least 1 year of experience in the field related to the subject of the requested authorisation or secondary education with a graduate examination and at least 3 years of experience in the area related to the subject of the requested authorisation;"
51. in Article 32 (7) (b), "5" is replaced by "4" and after the text "Article 20 (4)" the words "for the verification of greenhouse gas emissions" are inserted.
52. In Paragraph 32, at the end of paragraph 7, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) a description of the working procedures, methods and principles for verifying reductions in mining emissions pursuant to Article 20b (2); and
(g) a list of countries in which the applicant is able to carry out verification of reductions in emissions from mining. ';
53.In Paragraph 34 (2) (d), "5" is replaced by "4."
54. in Paragraph 34 (3) (a) read:
"(a) check at least once a year that the persons to whom it has issued the certificate continue to comply with the requirements for granting it; where the certificate holder is:
1. the seller or importer of biomass intended for the production of biofuels, which has a low impact on indirect land use change;
2. the manufacturer, importer or seller of liquid or gaseous products intended for the production of biofuels from used kitchen oil or Category 1 or 2 animal by-products pursuant to the directly applicable European Union Regulation on animal by-products (35) or biofuel which has a low impact on indirect land use change; or
3. Manufacturer, importer or seller of biofuels produced from used cooking oil or Category 1 or 2 animal by-products pursuant to the directly applicable European Union Regulation on animal by-products (35) or biofuel which has a low impact on indirect land use change;
the check shall be carried out at least once per calendar half-year; ';
55. In Article 34 (3), the words "where the holder of the certificate is an importer or a biomass vendor for the production of biofuels with a low impact on indirect land use change, verification shall be carried out on at least 5% of the biomass growers from which the controlled seller or importer removed the biomass from the last year."
56. Paragraph 34 (3) (c) reads as follows:
"(c) in the context of the check referred to in point (a) carried out by the manufacturer, importer or seller of liquid or gaseous products intended for the production of biofuels or by the manufacturer, importer or seller of biofuels that has taken biomass directly from the producer, verify compliance with the sustainability criteria laid down in the implementing legislation for at least 3% of the biomass growers from which the biomass was taken directly from; where the certificate holder is:
1. the manufacturer, importer or seller of liquid or gaseous products intended for the production of biofuels from used kitchen oil or animal by-products of category 1 or 2, in accordance with the directly applicable European Union Regulation on animal by-products (35) or biofuel which has a low impact on indirect land use change; or
2. the manufacturer, importer or seller of biofuels from used kitchen oil or Category 1 or 2 animal by-products pursuant to the directly applicable European Union Regulation on animal by-products (35) or biofuel which has a low impact on indirect land use change;
verification shall be carried out on at least 5% of the raw material suppliers from which the controlled producer, importer or seller has withdrawn the raw material during the previous year; ';
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Regulation Information
| Citation | Act No. 172 / 2018 Coll., amending Act No. 201 / 2012 Coll., on Air Protection, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.2018 |
|---|---|
| Effective from | 01.09.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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