Act No. 315 / 2008 Coll.
Act amending Act No. 695 / 2004 Coll., on the Conditions of Trade in greenhouse gas emission allowances and amending certain laws, as amended by Act No. 212 / 2006 Coll.
Valid
Law
Effective from 01.09.2008
Text versions:
01.09.2008
21.08.2008
315
THE LAW
of 18 July 2008
amending Act No. 695 / 2004 Coll., on the Conditions of Trade in Greenhouse Gas Emissions Allowances and amending certain laws, as amended by Act No. 212 / 2006 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 695 / 2004 Coll., on the terms and conditions of greenhouse gas emission allowance trading and amending certain laws, as amended by Act No. 212 / 2006 Coll., is amended as follows:
1. in Article 1, the following point (d) is inserted after point (c):
"(d) the management conditions for the units of the quantity allocated;"
Points (d) to (f) shall be renumbered as points (e) to (g).
2. In Article 1, the words "(hereinafter referred to as" trading scheme ") 'shall be added at the end of the text in point (e).
3. in Article 2 (1) (f), the words "in a given calendar year" shall be deleted;
4. In Paragraph 2 (1), at the end of the text in point (m), the words "corresponding to the operator's right to release into the air a tonne of CO2 equivalent 'are added.
5. In Paragraph 2 (1), at the end of the text in point (n), the words "corresponding to the right of the operator to release into the air a tonne of CO2 equivalent 'are added.
6. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (o), (p) and (r) are added:
"(o) the division of an installation - a change in which the installation is divided into two or more installations, each of which fulfils the conditions set out in Annex 1 to this Law by its technical parameters,
(p) by merging the device - such a change where two or more devices are connected to one device,
(r) unit of allocated quantity - property value corresponding to the authorisation of the Czech Republic to release the equivalent of one tonne of CO2 into the air under the Kyoto Protocol. '
7. Paragraph 6 (2) reads as follows:
"(2) The Ministry shall amend or revoke the authorisation issued by it.
(a) if it finds that there has been a change in the use, mode of operation, capacity of the installation or data specified in the permit pursuant to Article 5 (3), which may have a significant impact on the operation of the installation, detection and reporting of emissions, or if the conditions applicable to the issue of the permit change,
(b) if, in the exercise of the authorisation, there is a serious or repeated breach of the obligations laid down by this law,
(c) if the operator of the installation has not used the permit without a specific reason for not using it for more than 2 years; or
(d) at the request of the operator. "
8. In Article 6, the following paragraph 3 is added:
"(3) The authorisation shall expire:
(a) the expiry of the period for which it was issued;
(b) the disappearance of a legal person or the death of a natural person who has been granted an authorisation where the rights and obligations arising from the authorisation have not been transferred to the legal successor of the operator; or
(c) the date on which the decision to revoke the authorisation referred to in paragraph 2 becomes final. "
9. In the title of Title III, the words "AND ECONOMIC AFFAIRS WITH THE INDIVIDUALS ALLOWED TO PAYMENT 'are added.
10. in Article 8, paragraphs 6 and 7 are deleted;
Paragraph 8 shall become paragraph 6.
11. in the first sentence of Article 8 (6), the words "in the reserve for new resources" and the words "within the meaning of paragraph 6 or paragraph 7" shall be inserted after the words "in the national allocation plan";
12. The following Section 8a is inserted after Section 8:
(1) The operator of the installation shall become a participant in the trading scheme on the date on which the authorisation decision was granted to it pursuant to Article 5 becomes final.
(2) The operator of the installation shall cease to be a participant in the trading scheme on the date of the termination of the authorisation pursuant to Article 6 (3). '
13. in Paragraph 9a (1):
"(1) The operator of the installation shall, within 30 days of becoming a participant in the trading venue, request the registry administrator to set up an account in the registry and provide it with the information provided for in the implementing legislation for the purpose of establishing that account. ';
14. In Article 10 (2), the words "participating in the trading scheme" shall be inserted after the words "each operator of the installation."
15. Paragraph 10 (3) reads:
"(3) The Ministry shall determine by decision the quantity of allowances to be allocated to the installation resulting from the modification of the permit to merge or divide the installation. ';
16. In Paragraph 10, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) When merging an installation, the amount of allowances allocated shall not exceed the sum of the quantities of allowances allocated to each combined installation by a national allocation plan issued by a government regulation or by a ministerial decision issued pursuant to paragraph 6.
(5) When allocating an installation, the sum of the quantities of allowances allocated to an installation by dividing the quantity of allowances determined by the national allocation plan issued by a government regulation or by a ministry decision issued pursuant to paragraph 6 for an installation before its allocation. ';
Paragraph 4 shall become paragraph 6.
17. In the first sentence of Article 10 (6), the words "or the operator of an installation which has changed the authorisation referred to in Article 6 to increase the capacity of an installation 'shall be inserted after the word" installation' and the words "national allocation plan 'shall be inserted after the word" installation' and the procedure laid down for such cases shall be followed.
18. In Paragraph 10a, the following paragraph 5 is added:
"(5) Paragraph 11 shall apply mutatis mutandis to trading in emission reduction units and verified emission reductions from project activities. '
19. In Article 12 (1), the words ", emission reduction units or verified emission reductions from project activities' shall be inserted after the words" allowances'.
20. The following Section 12a is inserted after Section 12, including the title and footnote 7a:
Management with units of allocated quantity
(1) The units allocated are the property of the Czech Republic with which the Ministry manages. The management of this property is not covered by the legislation governing the management of the property of the Czech Republic 7a). The registry administrator shall register the units of the allocated quantity and their handling.
(2) The units of assigned quantity which the Czech Republic will not use to fulfil its commitment under the Kyoto Protocol may be sold by the Ministry under the international emission trading mechanism under Article 17 of the Kyoto Protocol or used to support projects under the joint implementation mechanism under Article 6 of the Kyoto Protocol.
(3) The resources obtained from the sale of the units allocated are the income of the State Environmental Fund. The funds thus obtained may only be used to support greenhouse gas emissions reduction activities and actions.
7a) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended. '
21. in Article 16 (c), the words "and cancellation" shall be inserted after the word "amendment."
22. in Article 16 (e):
"(e) by decision, determine the quantity of allowances to be allocated to the installation resulting from the merger or division;"
23. in Article 16 (j), the words "and (g)" shall be deleted;
24. in Article 17 (d), "and (f)" is replaced by "(f) and (g)";
25. in Article 18 (1) (a) to (e):
"(a) in contravention of Article 3, operates an installation which releases greenhouse gases into, without authorisation or in violation of, or without authorisation;
(b) in contravention of Paragraph 6 (1), they shall not notify the Ministry of the change in use, mode of operation or capacity of equipment which may require a change in the emission detection or reporting conditions;
(c) in contravention of Paragraph 6 (1), they shall not notify the Ministry of the change of the information contained in the authorisation referred to in Article 5;
(d) in contravention of Paragraph 7 (1), it shall detect or report greenhouse gases from an installation;
(e) in contravention of Article 12 (1), shall not exclude from trading before 30 April such quantities of allowances, emission reduction units or verified emission reductions from project activities corresponding to the quantities reported and verified in the previous calendar year; ';
26. In Paragraph 18 (1), the word "or 'shall be added at the end of the text of point (f).
27. in Paragraph 18 (1) (g) read:
"(g) contrary to § 9a
1. does not provide the registry administrator with the specified information for the establishment of an account in the registry or notify the registry administrator of any change in the data that he has informed him of; or
2. does not request the registry administrator to set up an account in the registry. ';
28. In Paragraph 18 (3), the words "or (g) (2) 'shall be added at the end of the text of point (d).
29. in Paragraph 18 (3) (e), "paragraph 1 (g)" is replaced by "point (g) (1)."
30. in Article 19 (4), the words "and (g)" shall be deleted and the words "and (f)" shall be replaced by "(f) and (g)";
31. in Paragraph 19 (7), the first sentence, including footnote 10, shall be deleted and in the second sentence, the words "customs office" shall be replaced by the words "competent tax administrator."
32. In Annex No 1, Part C, at the end of point 2, the words "or equipment for melting mineral materials, including mineral fibre production, with a melting capacity of more than 20 tonnes per day 'are added.
The application for authorisation pursuant to Section 4 of Act No. 695 / 2004 Coll., is the operator of the mineral melting plant, including the production of mineral fibres, with a melting capacity of more than 20 tonnes per day (Annex No. 1, Part C, point 2, Act No. 695 / 2004 Coll., as effective from the date of entry into force of the Act), which is operated on the date of entry into force of the Act and which the operator intends to operate after the date of entry into force of the Act, must be submitted to the Ministry of the Environment no later than 6 weeks after the date of entry into force of the Act. Until the date on which the authorisation decision becomes final, the establishment may be operated without authorisation.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Wolf
Klaus v. r.
v. Chunek v. r.
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Regulation Information
| Citation | Act No. 315 / 2008 Coll., amending Act No. 695 / 2004 Coll., on the Conditions of Trade in Greenhouse Gas Emission Allowances and amending certain laws, as amended by Act No. 212 / 2006 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2008 |
|---|---|
| Effective from | 01.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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