Act No. 383 / 2012 Coll.
Act on the Conditions of Trade in Greenhouse Gas Emission Allowances
Valid
Law
Effective from 01.01.2013
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383
THE LAW
of 24 October 2012
on the conditions for trading greenhouse gas emission allowances
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
This law implements the relevant European UnionRegulation (1), building on the directly applicable European Union2 Regulations (2) and, in accordance with the United Nations Framework Convention on Climate Change (3) (hereinafter referred to as "the Convention ') and the Paris Agreement (27)
(a) the rights and obligations of operators of installations, aircraft operators, operators of seagoing vessels and other persons in greenhouse gas emission allowance trading (hereinafter referred to as the allowance);
(b) the procedure for issuing and deciding on changes to greenhouse gas emissions;
(c) the rights and obligations of persons in relation to the supply of fuels;
(d) the conditions and procedure for issuing and deciding on changes to fuel supply permits;
(e) the procedure for issuing and allocating allowances and trading conditions;
(f) permit management conditions;
(g) the competence of public authorities under this Act;
(h) penalties for infringements of or imposed under this law.
Basic concepts
For the purposes of this Act:
(a) equipment of a stationary technically linked separate functional technological unit located in one place where one or more of the activities listed in Annex 1 to this Act or directly related thereto are carried out, which has a technical connection with the activities operated at the site and which may affect emissions; fixed technological units or technical units used for the research, development and testing of new products and processes shall not be considered to be an installation or part thereof;
(b) greenhouse gas carbon dioxide, methane, nitrous oxide, chlorofluorocarbons, hydrocarbon perfluorinated derivatives, sulphur hexafluoride and other gaseous components of the atmosphere, both natural and anthropogenic, which absorb and reignite infrared radiation;
(c) release emissions
1. greenhouse gases from sources in the installation;
2. gases intended in relation to an aviation or maritime activity listed in Annex 1 from aircraft or seagoing vessels engaged in such an activity; or
3. greenhouse gases in the combustion of fuels in relation to activities not listed in Annex 1;
(d) the operator of the installation, the person who actually operates the installation or part thereof; where such a person is not known, the owner of the installation or part thereof shall be considered to be the operator of the installation;
(e) by an aircraft operator, a person carrying out any of the aviation activities listed in Annex 1 to this Act and meeting at least one of these conditions;
1. has an operating licence issued in the Czech Republic under the directly applicable European Union4); or
2. falls under the management of the Czech Republic according to the list of aircraft operators issued by the European Commission pursuant to Article 18a (3) of Directive 2003 / 87 / EC of the European Parliament and of the Council;
in the event that that person is not known or has not been identified by the owner of the aircraft, the aircraft owner shall be considered to be the aircraft operator;
(f) by authorising a decision authorising emissions from an installation or part thereof and laying down the conditions for their detection, reporting and verification;
(g) the equivalent of a tonne of carbon dioxide, one metric tonne of carbon dioxide or the quantity of other greenhouse gas having the same effect of global heating on the Earth's climate system under the directly applicable European Union5;
(h) new entrant
1. For a five-year period beginning in 2021, an operator of an installation that has been granted an emission permit for the first time after 30 June 2019; or
2. for the five-year period beginning in 2026, the operator of an installation to which an emission permit has been granted for the first time after 30 June 2024,
(i) a substantial change in the operation of the installation in a large scale extension or reduction of capacity, an interruption of operation lasting at least 3 months, or a renewal after a previous interruption of at least 3 months, or any change substantially affecting the way in which emissions are monitored and reported or expected to be released;
(j) the electricity producer of an installation which, on or after 1 January 2005, produced electricity for sale to third parties and in which the activity listed in Annex 1 to this Act does not take place other than the combustion of fuels;
(k) a commercial air transport operator, an aircraft operator providing air services to the public for the purpose of transporting passengers, cargo or mail, in return for payment;
(l) emissions by air from aircraft arising from aviation activities listed in Annex 1 to this Act;
(m) historical aviation emissions mean average annual emissions from aircraft generated in the years 2004 to 2006 in the aviation activities listed in Annex 1 to this Act;
(n) combustion of any oxidation of fuels, regardless of the way in which heat, electricity or mechanical energy produced by the process is used, and any other directly linked activities, including waste gas treatment,
(o) an allowance for other assets corresponding to the right to release into the air a tonne of carbon dioxide equivalent;
(p) a Member State of the European Union, the Kingdom of Norway, the Principality of Liechtenstein and the Republic of Iceland,
(q) annual emission allocations of the maximum permitted greenhouse gas emissions for each calendar year during the period 2021-2030 to be traded by Member States in accordance with the directly applicable European Union regulation governing the binding annual reduction of greenhouse gas emissions by Member States during the period 2021-203028),
(r) by the operator of the seagoing vessel, the operator of the seagoing vessel under the Maritime Navigation Act 31),
(s) sailing pursuant to Article 3 (c) of Regulation (EU) 2015 / 757 of the European Parliament and of the Council on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, as amended,
(t) the port of destination of the port where the ship stops to load or unload the cargo or to board or disembark passengers, or the port where the seagoing ship stops to replace the crew; stops whose sole purpose is to refuel, to obtain supplies, to replace the crew of a ship other than a seagoing ship, to move to a dry dock or to repair a ship or equipment, to stop at a port because the ship needs assistance or is in distress, to transfer from ship to ship outside ports and stops whose sole purpose is to find refuge from adverse weather or which are necessary for search and rescue activities, as well as to stop container ships in a neighbouring container transhipment port;
(u) a passenger cruise ship is a passenger ship which does not have a cargo deck and is intended exclusively for the commercial carriage of passengers in cabins for sea cruises;
(v) fuel supply
1. the introduction of liquid fuels subject to excise tax (32) into free tax circulation in the tax territory of the Czech Republic,
2. supply of gas, which is subject to tax on gas and certain other gases, in the tax territory of the Czech Republic to the final consumer within the meaning of the Act on the stabilisation of public budgets 33),
3. the supply of solid fuels subject to a fixed fuel tax in the tax territory of the Czech Republic to the final consumer within the meaning of the Act on the Stabilisation of Public Budget33); or
4. own consumption of fuels by a legal or natural person who is an operator of a tax warehouse or an authorised consignee under the Excise Taxation Act (32), or holder of a permit to acquire solid fuels without tax or a permit to acquire gas without tax under the Law on the Stabilisation of Public Budget33), not for fuel supplied by another supplier in accordance with points 1, 2 or 3;
(w) the supplier of fuels by a legal or business natural person who supplies fuel, with the exception of persons supplying exclusively:
1. biomass or fuels produced exclusively from biomass meeting sustainability criteria under the Energy Supported Act (34) and the Spirit Protection Act (35);
2. the aviation fuel of the petrol type covered by CN codes 2710 12 31 or 2710 12 70 and the jet fuel covered by CN code 2710 19 21,
3. fuels consumed by means other than incineration;
4. fuels consumed by operators in the activity listed in Annex 1;
5. fuels used as propellant by water in the tax territory of the Czech Republic, including voyages from the tax territory of the Czech Republic to the tax territory of another Member State, exempt from mineral oil tax under the Consumer Taxation Act 32).
APPROVAL FOR GAS EMISSIONS
Authorisation and particulars of the application for authorisation
(1) The operator of the installation shall operate them only on the basis and in accordance with an authorisation issued by the Ministry of the Environment (hereinafter referred to as the Ministry).
(2) The application for authorisation shall contain:
(a) a description of the installation and associated activities, including the technologies to be used or to be used;
(b) a list of raw materials and auxiliary materials handled in a way that may affect emissions;
(c) the list and description of the emission sources included in the installation;
(d) a description of the existing or envisaged emission detection and reporting measures; and
(e) a brief summary of the information referred to in points (a) to (d).
(3) An application for authorisation shall be submitted in electronic form on a form. The details of the particulars of the form, its form and data structure shall be laid down in the implementing legislation. The application shall be accompanied by an emission monitoring plan in accordance with the directly applicable European Union Regulation (5), the model of which shall be laid down in the implementing legislation. The applicant shall be the sole party to the authorisation procedure.
(4) The Ministry shall issue an authorisation if the operator of the installation demonstrates that he has sufficient material, technical and organisational equipment to detect and report emissions under the directly applicable European Union Regulation (5).
(5) Upon request, the Ministry will issue one authorisation for several installations located in one establishment and operated or effectively controlled by the same operator. If an installation is organised or functionally divided into parts which, however, continue to form a single installation, the Ministry may, instead of one authorisation, issue individual authorisations for those parts on request. In such a case, the authorisation shall also be issued to a part of an establishment which itself does not exceed the threshold determined for classification under this Law.
(6) The authorisation decision contains:
(a) a description of the establishment and its associated activities and identification details of the location of the establishments by which the municipality, the cadastral territory and the descriptive number are allocated;
(b) a monitoring and reporting plan for emissions processed under the directly applicable European Union Regulation (5).
(7) The rights and obligations of the authorisation are transferred to the legal successor of the operator.
(8) The Ministry shall determine by decree the detailed nature, form and data structure of the permit application form and the model of the emissions monitoring plan.
Amendment and termination of authorisation
(1) The operator of the installation shall notify the Ministry without delay of any intended change in the use or operation of the installation which may require a change in the conditions of detection or reporting of emissions, in particular a substantial change in the operation of the installation. It shall also notify the Ministry of any change in the information contained in the authorisation referred to in Article 3 within 1 month of the date of the change.
(2) The Ministry shall amend or revoke the authorisation if:
(a) to amend the conditions applicable to the issue of an authorisation or a substantial change in the operation of the installation; or
(b) in the case of the operation of equipment for serious or repeated infringement of or imposed under this law.
(3) The Ministry shall not accept the cancellation of the permit on the basis of a decrease in the total rated thermal input below the 20 MW threshold set for combustion plants in Annex 1 to this Act if the reason for this decrease is a change in production processes in order to reduce greenhouse gas emissions and the operator of the installation expresses an interest in remaining in the allowance trading scheme until the end of the five-year period or the end of the five-year period beginning in 2026.
(4) The Ministry of Authorisation shall revoke:
(a) where the operator has not used the authorisation for a period exceeding 2 years without a specific reason; or
(b) where the operation of the equipment is terminated or the restoration of the operation of the equipment is technically impossible.
(5) If the installation is not in operation, although it has been in operation, and the operator of the installation does not demonstrate to the Ministry that it will resume operation of the plant within 6 months of the end of operation, the operation of the installation shall be deemed to be terminated. This period shall be extended to 18 months if the installation is not in operation due to an unforeseeable event not originating in the operation of the installation.
(6) Paragraph 5 shall not apply to equipment that is in reserve or standby mode and to equipment operated under the seasonal schedule, provided that the operator has an authorisation under this Act and the relevant decisions, opinions, opinions and approvals issued under other environmental legislation (10), it is technically possible to start operations without physical changes of the equipment and regularly maintenance.
Temporary taking over of the operation of the installation by decision of the Energy Regulatory Authority
(1) In the case of a temporary takeover of the operation of the installation on the basis of the licence holder's obligations under the Energy Act (36), the Ministry shall, by itself, amend the official permit for emissions by becoming the authorised operator of the installation for the duration of the obligation to supply in excess of the licence under the Energy Act (36). The temporary operator of an installation shall be subject to all rights and obligations of the operator, except the obligation to exclude allowances for emissions released from the installation before taking over. The temporary operator of the installation shall exclude emission allowances for emissions released while the installation is operating pursuant to Section 9.
(2) In the case of a transfer of plant operations back to the original operator of the installation, allowances for emissions from the installation declared and verified in accordance with Article 15 for the part of the last reporting period when the installation is entrusted with the operation of the installation shall be disposed of in advance by the installation's temporary operator, or this obligation shall be referred to the original operator by agreement of the operators. The temporary operator may use free allocation allowances corresponding to the declared level of activity for the relevant part of the reporting period and, where the issue of free allocation allowances at the termination date of the delegation has not been carried out, may reduce the quantity of allowances secured or discarded by it.
(3) In order to fulfil the obligation to exclude allowances under Article 9 for emissions produced by the original installation operator, the installation operator shall use the installation's account in the allowance trading register under the directly applicable European Union12 (hereinafter referred to as "the register '), to which the temporary operator of the installation has a decision under paragraph 1.
ALLOCATION AUTHORIZATION
(1) The fuel supplier may supply fuel only on the basis of a decision of the Ministry's authorisation to supply fuels (hereinafter referred to as the "fuel permit") and only in accordance with that authorisation.
(2) The authorisation for the supply of fuels is issued by the Ministry at the request of the Ministry, which shall be submitted in electronic form, and which shall include, in addition to the general requirements laid down in the Rules of Procedure:
(a) the specification of the type of each fuel supplied and the manner in which it is supplied in the tax territory of the Czech Republic;
(b) the end-use fuel specification;
(c) draft measures for monitoring and reporting emissions in accordance with the European Union Regulation directly applicable (5);
(d) a concise and generally understandable summary of the information referred to in points (a) to (c).
(3) The Ministry shall issue a fuel permit to a person who proves that he is able to detect and report emissions from fuels on a material, technical and organisational scale in accordance with the directly applicable European Union Regulation (5). The Ministry shall decide to issue the authorisation within 60 days of receipt of the request.
(4) The authorisation to supply fuels contains:
(a) fuel supplier identification data;
(b) a description of all fuel supplies used;
(c) the list of fuels supplied; and
(d) a monitoring plan in accordance with the requirements of the directly applicable European Union Regulation (5).
(5) The Ministry shall determine by decree the detailed nature, form and data structure of the application form.
Amendment and revocation of fuel supply permits
(1) The fuel supplier is obliged to notify the Ministry in advance of any planned change in the operation of the authorised activity which may require a change in the fuel supply permit; if it is for a change that the supplier could not have anticipated, it shall notify it without undue delay. The Ministry shall, on the basis of the notified facts, amend the authorisation for the supply of fuels when the essential facts which require the modification of the authorisation are concerned.
(2) An update of the approved monitoring plan may be made by the fuel supplier separately in the event of changes which cannot affect the quantity of emissions reported, following notification of changes to the monitoring plan to the Ministry.
(3) The Ministry may revoke the authorisation to supply fuels if the supplier of fuels:
(a) seriously or repeatedly infringes or imposed under this law; or
(b) it has ceased to carry on the authorised activity for more than two years or has ceased permanently.
TRADE WITH AUTHORITIES
National registry administrator of allowance trading
The national administrator of the allowance trading register (hereinafter referred to as the registry administrator) is a market operator established under the Energy Act (hereinafter referred to as the market operator).
Conditions for participation in the trading scheme
(1) The operator of an installation becomes a participant in an allowance trading scheme (hereinafter referred to as "trading scheme") on the date of the acquisition of legal power of a permit decision pursuant to Article 3, a decision to amend the authorisation by which the permit is transferred to it pursuant to Article 4 (2) or Article 4a (1) or a decision pursuant to Article 6a (4).
(2) The aircraft operator shall become a participant in the trading scheme on the date of commencement of the aviation activities listed in Annex 1 to this Act.
(3) The operator of a seagoing vessel shall become a participant in the trading scheme on the date on which the maritime transport activity listed in Annex 1 to this Act begins.
(4) The fuel supplier shall become a participant in the trading scheme on the date of the acquisition of the authorisation to supply fuels.
(5) The operator of the installation, the operator of the seagoing vessel, the operator of the aircraft or the fuel supplier shall request the registry administrator to open an account in the register within the time limit set by the directly applicable European Union Regulation (12).
(6) Where an installation operator is identified as an installation operator by a person different from the actual operator of the installation or part thereof, the rights and obligations arising for the operator of the installation under this Act and directly applicable European Union rules shall apply to the person mentioned in the permit.
(7) The operator of the installation shall cease to be a participant in the trading scheme on the date of the expiry of the permit or on the first day of the five-year period for which it has been granted an exemption from participation in the trading scheme.
(8) The aircraft operator shall cease to be a member of the trading scheme at the end of the year in which it does not perform any aviation activity listed in Annex 1 to this Act. The operator of a seagoing vessel shall cease to be a member of a trading scheme at the end of the year in which he has not engaged in any of the maritime transport activities listed in Annex 1 to this Act. The fuel supplier shall cease to be a participant in the trading scheme on the date on which the decision to revoke the fuel supply permit is taken.
Exemption from participation in the trading scheme
(1) At the request of the operator, the Ministry shall grant an exemption from participation in the trading scheme for a five-year period if, each year, within the 3 calendar years preceding the submission of the application:
(a) the emissions of installations, excluding biomass emissions, do not exceed 2,500 tonnes of carbon dioxide equivalent; or
(b) the installation serves as a backup unit with a maximum operation of 300 hours per year.
(2) For a five-year period beginning in 2021, an application for an exemption shall be submitted within 30 days of the date of publication of this Law; the fulfilment of the conditions set out in paragraph 1 shall be assessed for that period for the years 2016 to 2018. For the following five-year periods, an application for an exemption shall be submitted by 31 August of the year preceding the start of the new five-year period by 2 years.
(3) The operator of an installation that has been granted an exemption from participation in the trading scheme shall not be required to verify the emissions statement pursuant to Article 15 (4). The Ministry may at the same time, by way of derogation from Section 15, lay down conditions and procedures for the detection and reporting of emissions.
(4) The Ministry shall cancel the exemption from participation in the trading scheme in the event that the installation no longer complies with the conditions referred to in paragraph 1; the operator of the installation shall notify the Ministry by the last day of February of the following calendar year at the latest. The operator of the installation shall exclude allowances for the calendar year in which the installation no longer fulfils the conditions for granting the exemption pursuant to Article 9 (1).
(5) The Ministry shall inform the registry administrator of the cancellation of the exemption from participation in the trading scheme. The registry administrator shall issue to the operator of the installation the quantity of free allowances allocated to it for the calendar year in which the installation no longer fulfils the conditions for granting the exemption within 30 days of the date of the acquisition of the legal authority of the decision of the Ministry to revoke the exemption, provided that the quantity of allowances is not subject to an assessment of the change pursuant to Article 10 (2).
Auction of allowances and use of auction revenues
(1) Allowances for operators of installations which are not allocated free of charge pursuant to Article 10, used in accordance with Article 12, placed in a market stability reserve established pursuant to a decision of the European Parliament and of the Council (EU) on the establishment and application of a market stability reserve (29), or cancelled, are auctioned in accordance with the rules laid down by the European Commission Regulation (Commission) on auctions8).
(2) Of the total quantity of allowances allocated to aircraft operators in the years 2024 and 2025, 15% are auctioned in accordance with the rules laid down by the Commission Regulation on auctions8). In addition, the remaining part of the total quantity of allowances is still auctioned at 25% in 2024 and 50% in 2025. From 1 January 2026, all allowances to aircraft operators other than those referred to in Paragraph 13 (2) shall be auctioned.
(3) Allowances are auctioned by the market operator.
(4) Proceeds from the auctioning of allowances under paragraphs 1 and 2 constitute the income of the State Environmental Fund, with the exception of revenue corresponding to expenditure
(a) necessary to cover administrative costs for the operation of the trading system and contributions to international organisations in the framework of the implementation of the commitments of the Czech Republic in the field of climate protection and are therefore the income of the state budget, the budget chapter of the Ministry of the Environment, or
(b) determined in accordance with the approved implementation plan referred to in Article 12 (10) for the operational support of renewable energy sources put into service after 31 December 2024 and for the compensation of indirect costs pursuant to Article 11, which are the revenue of the State Budget, the budget chapter of the Ministry of Industry and Trade.
(5) The unused expenditure of the State Budget referred to in paragraph 4 shall be transferred to the budget of the State Environmental Fund by 31 December each year.
(6) Part of the proceeds of auctioning of allowances referred to in paragraphs 1 and 2, which is the income of the State Environmental Fund, may be used only for one or more of the following purposes:
(a) the reduction of greenhouse gas emissions, including the contribution to the Global Energy Efficiency and Renewable Energy Fund and to the Adaptation Fund set up at the Knowledge Conference on Climate Change, the adaptation to climate change impacts and the financing of R & D projects and demonstration projects relating to emission reduction and adaptation of climate change, including participation in initiatives under the European Strategic Plan for Energy Technologies and European Technology Platforms;
(b) developing renewable sources, electricity and technology distribution networks that contribute to the transition to a safe and sustainable low carbon economy and to improving energy efficiency, including the production of electricity from renewable sources from customers and energy communities;
(c) measures to prevent deforestation and promote the protection and restoration of peatlands, forests and other land or marine ecosystems, including measures that contribute to their conservation, restoration and better management, in particular as regards protected marine areas, and to enhance afforestation and reforestation, including in developing countries that ratify the Paris Agreement (27), and measures to transfer technologies and facilitate adaptation to the adverse effects of climate change in these countries;
(d) capture of CO2 in forests and soil;
(e) environmentally safe capture and geological storage of CO2, in particular from power plants burning solid fossil fuels and from a number of industries and subsectors, including those in third countries, and technologically innovative carbon absorption methods such as its direct capture and storage from the air;
(f) investment in the transition to modes of transport which significantly contribute to the decarbonisation of the sector, including the development of passenger and freight rail transport and climate-friendly bus services and technologies, innovative technologies and infrastructure and sustainable alternative fuels, such as hydrogen and ammonia produced from renewable sources, and zero-emission drive technologies, and the financing of measures to promote the decarbonisation of airports in accordance with the European Parliament and Council Regulation on the introduction of alternative fuel infrastructure and repealing Directive 2014 / 94 / EU and Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport;
(g) financing of research and development in the field of energy efficiency and clean technologies in the sectors covered by this law;
(h) measures aimed at improving energy efficiency, expanding thermal energy supply systems and improving the thermal insulation of buildings, promoting efficient and renewable heating and cooling systems or promoting the renovation of buildings in accordance with relevant conceptual and strategic documents under the Energy Management Act (38);
(i) providing financial support to address social aspects in lower and medium-income households, including reductions in the impact of taxes with adverse effects and targeted reductions in the impact of duties and electricity charges from renewable sources;
(j) to finance national climate dividend programmes with a proven positive environmental impact as demonstrated in the annual report referred to in Article 19 (2) of Regulation (EU) 2018 / 1999 of the European Parliament and of the Council;
(k) to cover administrative costs for the management of the trading system;
(l) financing climate action in vulnerable third countries, including adaptation to the effects of climate change;
(m) promoting the development of skills and redirecting labour in order to contribute to a fair transition to the climate-neutral economy, in particular in the regions most affected by job change, in close cooperation with the social partners, and to investing in increasing the qualifications and retraining of workers potentially affected by this transition;
(n) addressing the residual risk of carbon leakage in the sectors referred to in Annex I to Regulation (EU) 2023 / 956 of the European Parliament and of the Council, with the support of transformation and promotion of their decarbonisation in accordance with State aid rules; or
(o) compensation for indirect costs pursuant to § 11.
Issue of allowances and trading conditions
(1) Each year the registry administrator shall, by 30 June at the latest, issue to the operator and aircraft operator the quantity of allowances allocated to it for that year by a decision of the Ministry pursuant to paragraphs 10 and 13, unless that quantity of allowances is subject to an assessment of the change in accordance with Paragraph 10 (2) or where an operator has not been granted an exemption from participation in the trading scheme.
(2) Allowances held by the operator of the installation, by the operator of the seagoing vessel or by the aircraft operator in his account may be transferred to another person. The transfer of the allowance shall take place at the time when the allowance is credited to the account of the transferee in the register. Allowances may not be entered in the capital of a company.
(3) In the event of the termination or death of the allowance holder, allowances shall be transferred to the legal successor of the allowance holder. If the legal successor is unknown, the registry administrator shall transfer the allowances to a special account. Allowances that have been in custody for more than 5 years shall be cancelled by the registry administrator.
(4) In the event of a change of authorisation to be changed by the operator's person, the new operator shall take over the installation's account in the registry, including allowances and compliance status, which are stored in the account at the date of transfer of the account to the new operator unless otherwise agreed with the original operator.
Allocation of allowances
(1) A participant in a trading venue or a person who has been a participant in the trading scheme in the previous year shall be obliged to exclude from trading each year by 30 September in accordance with the procedure laid down in the directly applicable European Union Regulation governing the Union register for trading in allowances (12) the quantity of allowances corresponding to the quantity of emissions in the previous year reported and verified in accordance with the procedure laid down in Article 15 of the Act. This does not apply to fuel suppliers. The moment of elimination ceases to be tradable.
(2) The operator of a seagoing vessel shall be subject to the obligation referred to in paragraph 1 in its entirety only in respect of the quantity of allowances corresponding to the declared and verified emissions of ships flying from the port of destination falling under the jurisdiction of a Member State to the port of destination falling under the jurisdiction of a Member State or at the berth of a port of destination falling under the jurisdiction of a Member State. The operator of a seagoing vessel shall discard the quantity of allowances corresponding to 50% of the reported and verified emissions for emissions from ships sailing from the port of destination
(a) which falls under the jurisdiction of a Member State, to a port of destination outside the jurisdiction of a Member State; or
(b) outside the jurisdiction of a Member State to a port of destination under the jurisdiction of a Member State.
(3) By 31 December 2030, the operator of a seagoing vessel may discard by 5% less allowances than that provided for in paragraph 2 in respect of emissions from IAs or IAs Super or equivalent ice classes as recommended by the Helsinki Commission 25 / 7. If the actions linked to the actual operation of the vessel, in particular the identification of the cargo carried, the route and the speed of the vessel or the purchase of fuel, are contractually transferred to a person different from the operator of the seagoing vessel, the seafarer shall have the right to require the seafarer to pay the costs for the corresponding quantity of allowances discarded.
(4) The operator of an aircraft shall not be subject to the obligation referred to in paragraph 1 in respect of emissions produced until 31 December 2030 from flights between an airport located in the outermost region of a Member State and an airport situated in the same Member State outside that outermost region, including another airport located in the same outermost region or another outermost region of the same Member State.
(5) The Ministry shall each year, in accordance with the rules established by the directly applicable European Union Regulation, issued pursuant to Article 12 (8) of Directive 2003 / 87 / EC, as amended, calculate the level of compensation requirements for emissions of aircraft operators under the International Civil Aviation Aviation Compensation and Reduction Programme (CORSIA) of the International Civil Aviation Organisation (ICAO) for flights to, from and between States listed by the Commission in the directly applicable European Union Regulation pursuant to Article 25a (3) of Directive 2003 / 87 / EC, as amended. It shall inform the aircraft operator of this amount by 30 November.
(6) Aircraft operators shall, every 3 years from 2025 to 31 January, withdraw, on the basis of the emission compensation requirements set out in paragraph 5, the relevant quantity of emission units listed in the directly applicable European Union Regulation issued pursuant to Article 11a (8) of Directive 2003 / 87 / EC, as amended.
(7) An allowance issued by a competent authority of another Member State or an allowance issued by a competent authority other than a Member State, provided that it is issued in accordance with a procedure in accordance with European Union1), 2) shall be considered as an allowance referred to in paragraph 1.
(8) Allowances are transferable to subsequent periods. An allowance issued for the following period may not be used to fulfil the obligation referred to in paragraph 1 in the last year of the period.
(9) The obligation to exclude allowances shall not arise in relation to emissions which have been verified as having been captured, transported and permanently stored in a carbon dioxide storage site operated under another legislation13) or under the applicable legislation of another Member State. The obligation to exclude allowances shall not arise in respect of emissions which have been determined, in the manner specified in the directly applicable European Union Regulation issued pursuant to Article 12 (3b) of Directive 2003 / 87 / EC, as amended, to be permanently chemically bound in the product.
(10) For emissions released from a carbon dioxide storage site operated under another legislation13), allowances shall be excluded by their operator.
(11) The Ministry shall publish a list of participants in the trading scheme which have not fulfilled the obligation under paragraph 1.
(12) In order to ensure compliance with the obligation referred to in paragraph 1, the Ministry may instruct the registry administrator to suspend, in accordance with the directly applicable European Union Regulation (12), all access to that account by authorised representatives of the account holder in the event of a decision to declare bankruptcy in the property of the account holder, or at least two of the following conditions are met:
(a) the account holder is subject to insolvency proceedings or to preventive restructuring under another legislation37);
(b) the operation of the installation to which the account relates, or a substantial part thereof, is terminated or interrupted, in the absence of a case referred to in Article 4 (5), or the aviation or maritime activity listed in Annex 1 has been interrupted or terminated; or
(c) there is a negative status of conformity in the account of the installation, aircraft operator or seagoing vessel as referred to in Article 33 of Commission Delegated Regulation (EU) 2018 / 1122 as amended.
(13) The account holder or authorised representative may submit a written reasoned objection to the suspension of access to the account to the Ministry within 30 calendar days. After examination of the objections, the Ministry shall either instruct the registry administrator to renew access or confirm the suspension in a reasoned decision which is the first action in the proceedings. Decomposition does not have suspensory effect.
Allocation of free allowances to installation operators
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Regulation Information
| Citation | Act No. 383 / 2012 Coll., on the Conditions of Trade in Greenhouse Gas Emissions Allowances |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.11.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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