Act No. 481 / 2024 Coll.
Act amending Act No. 383 / 2012 Coll., on the Conditions of Trade in Greenhouse Gas Emissions Allowances, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
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Law
Effective from 01.01.2025
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481
THE LAW
of 18 December 2024
amending Act No. 383 / 2012 Coll., on the Conditions of Trade in greenhouse gas emission allowances, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on greenhouse gas emission allowance trading
Act No. 383 / 2012 Coll., on the Conditions of Trade in Greenhouse Gas Emission Allowances, as amended by Act No. 257 / 2014 Coll., Act No. 183 / 2017 Coll., Act No. 1 / 2020 Coll., Act No. 261 / 2021 Coll. and Act No. 80 / 2024 Coll., is amended as follows:
1. in footnote 1, the words "and Directive (EU) 2018 / 410 of the European Parliament and of the Council 'are replaced by the words" Directive (EU) 2018 / 410 of the European Parliament and of the Council, Directive (EU) 2023 / 958 of the European Parliament and of the Council and Directive (EU) 2023 / 959 of the European Parliament and of the Council';
2. footnote 2 shall read:
"(2) Commission Delegated Regulation (EU) 2019 / 1122 of 12 March 2019 supplementing Directive 2003 / 87 / EC of the European Parliament and of the Council with regard to the functioning of the Union Registry, as amended. Commission Regulation (EU) No 1031 / 2010 of 12 November 2010 on the timing, administration and other aspects of the auctioning of greenhouse gas emission allowances in accordance with Directive 2003 / 87 / EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Union, as amended. Commission Implementing Regulation (EU) 2018 / 2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601 / 2012, as amended. Commission Implementing Regulation (EU) 2018 / 2067 of 19 December 2018 on the verification of data and accreditation of verifiers pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council, as amended. Commission Delegated Regulation (EU) 2019 / 331 of 19 December 2018 laying down transitional rules for harmonised free allocation of emission allowances applicable throughout the Union pursuant to Article 10a of Directive 2003 / 87 / EC of the European Parliament and of the Council, as amended. Commission Implementing Regulation (EU) 2019 / 1842 of 31 October 2019 laying down rules for the application of Directive 2003 / 87 / EC of the European Parliament and of the Council as regards further measures to adjust the allocation of free emission allowances as a result of changes in levels of activity, as amended. ';
3. In Article 1 (a), the words "operators of seagoing vessels' shall be inserted after the words" aircraft '.
4. in Article 1, the following points (c) and (d) are inserted after point (b):
"(c) the rights and obligations of persons in relation to the supply of fuels;
(d) the conditions and procedure for the issue of authorisations for the supply of fuels and the decision to amend it; ';
Points (c) to (f) shall be renumbered as points (e) to (h).
5. in Article 2 (a), the words "technical unit in which" shall be replaced by the words "technically linked separate functional technological unit located in one place where," the words "or part thereof" shall be inserted after the word "equipment" and the words "non-stationary" shall be replaced by the words "technological units or."
6. in Article 2 (c):
"(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; ';
7. In Article 2 (d), the words "or part thereof 'shall be inserted after the words" which establishments' and the words "or parts thereof 'shall be added at the end of the text of the letter.
8. In Article 2 (f), the words "from an installation or part thereof 'are inserted after the words" emissions'.
9. in Article 2 (i):
"(i) a substantial change in the operation of an installation, a major extension or reduction of capacity, an interruption of operation lasting at least 3 months, or a restoration of operation 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;";
footnote 6 is deleted.
10. in Article 2 (o), the words "operator of an installation or aircraft operator" shall be deleted;
11. in Article 2, point (q) is deleted;
Point (r) shall be renumbered as point (q).
12. in Paragraph 2, at the end of point (q), the dot is replaced by a comma and the following points (r) to (w) are added:
"(r) by the operator of a seagoing vessel, the operator of a 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).
31) Paragraph 6 (2) of Act No. 61 / 2000 Coll., on Maritime Navigation, as amended.
32) Act No 353 / 2003 Coll., on excise duties, as amended.
33) Act No. 261 / 2007 Coll., on the stabilisation of public budgets, as amended.
34) Act No. 165 / 2012 Coll., on Supported Energy Sources and on the amendment of certain laws, as amended.
35) Act No. 201 / 2012 Coll., on Air Protection, as amended. '
13. in Paragraph 3 (3), including footnote 5,
"(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.
5) Commission Implementing Regulation (EU) No 2018 / 2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601 / 2012 as amended. ';
14. in Paragraph 3 (5):
"(5) Upon request, the Ministry shall issue one permit 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 the establishment which, in itself, does not exceed the threshold determined for classification under this law. '.
footnote 9 is deleted.
15. in Article 3 (6) (b), the words "and activity levels" shall be deleted;
16. In Article 3, the following paragraph 7 is inserted after paragraph 6:
"(7) The rights and obligations of the authorisation shall be transferred to the legal successor of the operator."
Paragraph 7 shall become paragraph 8.
17. in Paragraph 3 (8), the words "model of the authorisation application form" shall be replaced by the words "detailed details, form and data structure of the authorisation application form and model of the emission monitoring plan."
18. in Article 4 (2) (a), the words "or a substantial change in the operation of the installation" shall be inserted after the word "authorisation."
19. In Paragraph 4, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ministry shall refrain from cancelling the permit on the basis of a decrease in the total rated thermal input below the 20 MW threshold laid down for the combustion plant in Annex 1 to this Act if the reason for this decline 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. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
20. in Article 4 (4), the word "or" shall be added at the end of point (a).
21. in Article 4 (4), point (b) is deleted;
Point (c) shall be renumbered (b).
22. in Paragraph 4 (6), "4" is replaced by "5."
23. In footnote 10, the words "Act No. 185 / 2001 Coll., on waste and amending certain other laws' are replaced by the words" Act No. 541 / 2020 Coll., on waste '.
24. the following Section 4a is inserted after Section 4, including the title and footnotes 12 and 36:
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.
12) Commission Delegated Regulation (EU) 2019 / 1122 of 12 March 2019 supplementing Directive 2003 / 87 / EC of the European Parliament and of the Council with regard to the functioning of the Union Registry, as amended.
36) Paragraph 12 of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended. '
25. the following Part Three is inserted after Part Two:
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) has ceased to carry on the authorised activity for more than two years or has ceased permanently. "
Parts third to eighth shall be referred to as parts fourth to ninth.
26. in Article 6 (1), the words "the decision to amend the authorisation by which the permit for emissions is transferred pursuant to Article 4 (2) or Article 4a (1) shall be inserted after the words" Article 3 ";"
27. in Paragraph 6 (3):
"(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. ';
28. In Article 6, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(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 law and directly applicable European Union rules shall apply to the person specified in the permit. ';
Paragraphs 4 and 5 shall be renumbered paragraphs 7 and 8.
29. In Article 6, the following sentence is added at the end of paragraph 8: "The operator of a seagoing vessel ceases 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. ';
30. In Article 6a, at the end of paragraph 4, the sentence "The operator of the installation shall exclude allowances for the calendar year in which the installation no longer complies with the conditions for granting the exemption in accordance with Article 9 (1)."
31. in Article 6a (5), the word "given" shall be deleted, after the word "year," the words "in which the installation has ceased to comply with the conditions for the exemption," and at the end of the text of the paragraph the words "if this quantity of allowances is not subject to an assessment of the change under Article 10 (2)" shall be added.
32. in Paragraph 7 (2):
"(2) Of the total quantity of allowances allocated to aircraft operators in the years 2024 and 2025, 15% are auctioned according to 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. ';
33.Paragraph 7 (4) reads:
"(4) Proceeds from the auctioning of allowances referred to in paragraphs 1 and 2 shall 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 referred to in Article 11, which are the revenue of the State budget, the budget chapter of the Ministry of Industry and Trade. ';
34. in Article 7 (5) and (6):
"(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 Article 11. ';
35. in Paragraph 8 (1), "the last day of February" shall be replaced by "30 June."
36. in Article 8 (2), the words "operator of a seagoing vessel" shall be inserted after the words "installation."
37. in Article 8, the following paragraph 4 is added:
"(4) In the event of a change in the authorisation that changes the operator's person, the new operator shall take over the installation 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. ';
38. in Paragraph 9 (1), the sentence "This shall not apply to fuel suppliers" shall be inserted after the first sentence and the last sentence shall be deleted;
39. In Article 9, the following paragraphs 2 to 6 are inserted after paragraph 1:
"(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) Every 3 years from 2025 to 31 January, aircraft operators shall, on the basis of the emission compensation requirements set out in paragraph 5, withdraw 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. ';
Paragraphs 2 to 6 shall be renumbered paragraphs 7 to 11.
40. In Article 9, the sentence "The obligation to exclude allowances shall not arise in relation to emissions which have been determined by means of a directly applicable European Union regulation issued pursuant to Article 12 (3b) of Directive 2003 / 87 / EC, as amended, that they are permanently chemically bound in the product. 'is added at the end of paragraph 9.
(41) In Article 9 (11), the words "operators of installations, aircraft operators or persons who have been an aircraft operator in the previous year" shall be replaced by "participants in the trading scheme."
42. In Article 9, paragraphs 12 and 13 are added, including footnote 37:
"(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.
37) Act No 284 / 2023 Coll., on preventive restructuring. '
43. In Paragraph 10 (1), the word "operator 'is replaced by the word" participant in an account'.
44. In Paragraph 10 (2), the word "February 'is replaced by the word" March' and the word "modified 'is replaced by the word" assigned by "modified'.
45. In Paragraph 10, the following paragraph 4 is inserted after paragraph 3:
"(4) The Ministry may, on its own initiative, suspend the procedures for the allocation of free allowances referred to in paragraph 1 or for the change of the quantity of free allowances referred to in paragraphs 2 and 3 until the Commission has decided on the proposed allocation or modification of the quantity of free allowances under the directly applicable European Union Regulation governing the transitional rules of the harmonised allocation of free allowances to emise14. '
Paragraph 4 shall become paragraph 5.
46. In Section 10, paragraphs 6 to 11 are added, including footnotes 38 and 39:
"(6) Free allowances shall be reduced by 20% if:
(a) for installations subject to an obligation to carry out an energy audit or to introduce a certified energy management system under the Energy Management Act (38), the measures recommended in the audit report or referred to in the action plan resulting from the implementation of the certified energy management system are not implemented; or
(b) for installations whose greenhouse gas emission levels are higher than 80 percent of the emission levels for the relevant product reference levels, the operator of the installation shall not submit a climate neutrality plan to the Ministry meeting the requirements of paragraph 10 (a) by 30 May 2024 for each of those installations for activities covered by this law.
(7) The reduction in the quantity of free allowances referred to in paragraph 6 (a) shall not take place if the operator of the installation demonstrates to the Ministry that:
(a) the return on investment for the relevant measures exceeds 3 years;
(b) the costs of such investments are disproportionate; or
(c) implement other measures to reduce greenhouse gas emissions which are equivalent to those recommended in the audit report or the certified energy management system for the installation in terms of greenhouse gas emissions reduction.
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Regulation Information
| Citation | Act No. 481 / 2024 Coll., amending Act No. 383 / 2012 Coll., on the Conditions of Trade in Greenhouse Gas Emissions Allowances, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 697
The regulation text is for informational purposes only.
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