Act No. 257 / 2014 Coll.
Act amending Act No. 383 / 2012 Coll., on the Conditions of Trade in greenhouse gas emission allowances and other related laws
Valid
Law
Effective from 01.01.2015
Text versions:
01.01.2015
19.11.2014
257
THE LAW
of 22 October 2014
amending Act No 383 / 2012 Coll., on the Conditions of Trade in greenhouse gas emission allowances, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the greenhouse gas emission allowance trading conditions Act
Act No. 383 / 2012 Coll., on the Conditions of Trade in greenhouse gas emission allowances, is amended as follows:
1. Paragraph 7 (5) to (7) reads as follows:
"(5) The revenue from the auctioning of allowances referred to in paragraphs 1, 2 and 3 shall be the income of the State budget and shall, unless otherwise provided, be assigned to the additional financing of activities leading to the reduction of greenhouse gas emissions, the promotion of industrial innovation, measures aimed at increasing energy efficiency including the construction and reconstruction of thermal energy supply systems, the reduction of energy performance of buildings and the improvement of energy efficiency in industry and energy, the promotion of science and research in the field of resource management, the promotion of energy savings on the part of consumers, the adaptation measures, the implementation of the international commitments of the Czech Republic and development aid in the field of climate protection, the costs associated with the functioning and management of the European Trading System of Trade and Register, and the promotion of appropriate technologies and actions of scientific and technical development in the field of greenhouse gas emissions from transport, in particular from civil aviation.
(6) The proceeds from the auctioning of allowances shall be assigned up to a maximum of CZK 12 billion per year or to an amount higher than 100% of the proceeds from the auctioning of allowances for aircraft operators and the quantity referred to in Article 10 (3) of Directive 2003 / 87 / EC from the proceeds from auctioning of allowances for operators.
(7) Expenditure corresponding to assigned revenue from the auctioning of allowances shall be made 50% through the chapter of the Ministry of Industry and Trade and 50% through the State Environmental Fund. '
2. In Article 9, the following sentence is added at the end of paragraph 1: "For 2013, an aircraft operator or a person who was an aircraft operator in the previous year shall be obliged to discard allowances by 30 April 2015. '
3. In Article 10, the following sentence is added at the end of paragraph 1: "Free allowances for the period from 1 January 2013 to 31 December 2016 shall not be allocated to aircraft operators for flights to or from airports in countries outside the European Economic Area and between airports located in one of the outermost regions referred to in Article 349 of the Treaty on the Functioning of the European Union and to airports located in another region of the European Economic Area. '
4. In Article 11 (4), the words "Decision on the authorisation under the Act on the Protection of Aids 15) (hereinafter referred to as the" Authorised Person ") 'are replaced by the words" Certificate of Accreditation for the Verification of the Quantities of Greenhouse Gas Emissions issued by a National Accreditation Authority authorised under the Specific Legislation Act 15) or by the Accreditation Authority of another Member State of the European Union pursuant to the directly applicable European Union17) (hereinafter referred to as "Accredited Person")'.
Footnote 15:
"15) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended."
5. In Article 11 (5), the words "ex officio 'shall be inserted after the words" decide'.
6. In Article 11, the following paragraph 7 is added:
"(7) If the Ministry finds that an operator of an installation with a significant reduction in the capacity of an installation or a partial closure of the installation has not transmitted the verified installation data set out in Annex 2 to this Act and has therefore been issued with a greater amount of free allowances than it was entitled to, it shall invite the operator of the installation to transmit verified installation data within 15 days. The Ministry shall decide, on the basis of verified installation data and after approval by the Commission, on an ex officio basis to reduce the amount of free allocation allowances from the year following the year in which the capacity reduction or partial cessation of operation of the installation has taken place and the amount of undue free allocation to be recovered by the installation operator to the European Union account. If the operator of the installation does not transmit verified data on the installation within 15 days, the operation of the installation shall be deemed to have been terminated in the previous year and the Ministry shall decide on the amount of undue free allowances to be returned by the installation operator to the European Union account. The operator of the installation shall return the free allowances unduly issued to the account of the European Union no later than 30 days after the date on which the decision of the Ministry becomes final. ';
7. In Article 15 (4), the word "authorised 'is replaced by" accredited' and the word "authorised 'is replaced by" accredited'.
8. In Article 15, the following sentence is added at the end of paragraph 4, including footnote 26: "The emissions of an aircraft operator in a total annual volume of less than 25 000 tonnes of CO2 shall be considered to be verified if they are determined by means of the Small Emission Producers Instrument provided for in Commission Regulation (EU) No 606 / 201026), to which Eurocontrol added data from its allowance trading scheme support instrument.
26) Commission Regulation (EU) No 606 / 2010 of 9 July 2010 approving the simplified instrument established by the European Organisation for the Safety of Air Navigation (Eurocontrol) to estimate the fuel consumption of certain low-emission aircraft operators. '.
9. In Article 15 (5), the following sentence is inserted after the first sentence: "The 2013 declaration of emissions from the aircraft and the evidence of its verification shall be submitted by the aircraft operator to the Ministry by 31 March 2015. '.
10. in Articles 15 (6), 21 (1) (b) and 22 (1) (b), the words "authorised" are replaced by "accredited."
11. in Paragraph 16 (6):
"(6) The implementation of project activities is authorised by the Ministry. The Ministry shall only authorise the implementation of project activities which are consistent with decisions taken under the Convention or the Kyoto Protocol and whose participants are established in a country which has concluded an international agreement concerning such projects or an agreement on interconnection with the trading system. ';
12. In Article 16, the following paragraph 7 is added:
"(7) The Ministry will not allow project activities to be carried out on the territory of the Czech Republic which reduce or limit emissions from activities listed in Annex 1 to this Act. The Ministry shall authorise the implementation of project activities consisting of the production of hydroelectric energy with a production capacity exceeding 20 MW if they comply with the requirements of Directive 2003 / 87 / EC of the European Parliament and of the Council. ';
13. in Article 18 (1), the following point (d) is inserted after point (c):
"(d), contrary to Article 11 (7), shall not return free allowances to the account of the European Union, '.
Points (d) to (g) shall be renumbered as points (e) to (h).
14. in Paragraph 18 (2) (b), 'g)' is replaced by 'h';
15. in Paragraph 18 (2) (e), "(d), (e) or (f)" shall be replaced by "(e), (f) or (g),"
16. In Article 18, the following point (f) is added at the end of paragraph 2:
"(f) EUR 100 plus, from 2013 onwards, the value of the Harmonised Index of Consumer Prices (HICP) expressed as the average annual price change index for each allowance which the operator has not returned in breach of Article 11 (7), if it is an administrative offence referred to in point (d); the corresponding amount of the fine is the amount in Czech crowns calculated according to the course of the Czech koruna to the euro declared by the Czech National Bank21) for the day 30 April of the current year."
17. In Paragraph 20 (2), the words "to the euro declared on 30 April of the current year by the Czech National Bank21)" shall be replaced by the words "Czech crowns to the euro declared by the Czech National Bank21) on 30 April of the current year."
18. In Annex 1, for the "Aviation 'activity, the dot at the end of point (j) is replaced by a comma and the following points (k) to (m) are added:
"(k) flights to or from airports in countries outside the European Economic Area from 1 January 2013 to 31 December 2016;
(l) between 1 January 2013 and 31 December 2016, between an airport located in one of the outermost regions referred to in Article 349 TFEU and an airport located in another region of the European Economic Area;
(m) from 1 January 2013 to 31 December 2020, flights which would otherwise fall under this activity by a non-commercial air transport operator carrying out flights with a total annual emissions production of less than 1 000 tonnes per year. ';
Amendment of the Administrative Charges Act
In entry 121 of the Annex to Act No 634 / 2004 Coll., on administrative fees, point (b) is deleted and the designation of point (a) is deleted.
Transitional provision
If the proceedings concerning the subject matter of the fee referred to in item 121 of the Annex to Act No. 634 / 2004 Coll., as effective until the date of entry into force of this Act, have been initiated before the date of entry into force of this Act, the fee referred to in item 121 of the Annex to Act No. 634 / 2004 Coll., as effective from the date of entry into force of that Act, even if the fee becomes due after the date of entry into force of that Act.
Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 377 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll., and Act No. 303 / 2013 Coll., is amended as follows:
1. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) the national administrator of the allowance trading register under the greenhouse gas emission allowance trading conditions Act 27 (hereinafter referred to as the national administrator).
27) Article 5 of Act No. 383 / 2012 Coll., on the Conditions of Trade in greenhouse gas emission allowances. '.
2. After Paragraph 29, the following Section 29a is inserted:
Specific provisions concerning national administrators
(1) The national administrator shall keep information on persons with accounts in the greenhouse gas emission allowance trading register, including the contract and documents submitted to open an account and client control information for 10 years after the end of the relevant business relationship.
(2) Furthermore, the national administrator
(a) carry out a customer check in accordance with Section 9 to the extent appropriate to the account-setting activities;
(b) submit a notice of suspicious trade pursuant to Paragraph 18;
(c) implement and implement the internal control and communication system referred to in Article 21 (1);
(d) designate a contact person in accordance with Paragraph 22;
(e) conduct staff training in accordance with Section 23;
(f) comply with the information obligation laid down in Article 24;
(g) comply with the obligation of confidentiality under Paragraph 38. ';
EFFECTIVE
This Act shall take effect on 1 January 2015.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 257 / 2014 Coll., amending Act No. 383 / 2012 Coll., on Conditions of Trade in Greenhouse Gas Emission Allowances, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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