Act No. 695 / 2004 Coll.
Act on the terms of greenhouse gas emission allowance trading and amending certain laws
Valid
Effective from 31.12.2004
695
THE LAW
of 9 December 2004
on the conditions for trading greenhouse gas emission allowances and amending certain laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Integrated Prevention Act
In Article 14 of Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on the Integrated Pollution Register and on the amendment of certain laws (the Integrated Prevention Act), as amended by Act No. 521 / 2002 Coll., the sentence "Where the provisions of a specific legislation apply to installations, 14a) the Authority shall set emission limits for these greenhouse gases only if it is necessary to prevent serious pollution at the site of operation."
footnote 14a is replaced by the following:
"14a) Act No. 695 / 2004 Coll., on the terms and conditions of trading greenhouse gas emission allowances and amending certain laws. '
Amendment of the Trade Act
In Part SKUPINA 214: Other Annexes No 2 to Act No. 455 / 1991 Coll., on Trade Business (Trade Business Act), as amended by Act No. 167 / 2004 Coll. and Act No. 326 / 2004 Coll., at the end of the text in column 1, the words "Verification of the quantity of greenhouse gas emissions' are added, the words" (a) higher education obtained by study in the relevant accredited study programme or (b) completed secondary or higher professional education of the relevant field and 3 years of professional experience carried out in the last 10 years before application 'and column 3 the words "Section 15 of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act)' are added.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v z. Jahn v. r.
Příloha č. 1
Annex No 1 to Act No 695 / 2004 Coll.
Activities covered by greenhouse gas emission allowance trading
The thresholds set out in this Annex are generally indicated in relation to the proposed production capacity or other activity parameter.
Activities
A. Energy
1. Combustion plants (excluding plants for the incineration of hazardous or municipal waste) with a rated thermal input exceeding 20 MW
2. Mineral oil refineries
3. Coke ovens
B. Manufacture and processing of metals
1. Metal ore roasting or sintering equipment (including sulphide ore)
2. Equipment for the production of pig iron or steel (of primary or secondary raw materials), including continuous casting, with a capacity exceeding 2,5 tonnes per hour
C. Mineral processing
1. Equipment for the production of cement clinker in rotary furnaces with a production capacity exceeding 500 tonnes per day or for the production of lime in rotary furnaces with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day
2. Equipment for the manufacture of glass or glass fibres, where appropriate, of a melting capacity of more than 20 tonnes per day or of mineral fibre production facilities of more than 20 tonnes per day
3. Equipment for the manufacture of ceramic products by firing, in particular covers, bricks, refractory blocks, tiles, stoneware or porcelain, with a production capacity of more than 75 tonnes per day or a kiln capacity of more than 4 m3 and a density of more than 300 kg / m3
D. Other activities
1. Industrial production plants
(a) pulp of wood or other fibrous materials
(b) paper or paperboard with a production capacity exceeding 20 tonnes per day
2. Capturing carbon dioxide from installations covered by this Act for the purpose of transporting and storing carbon dioxide in natural rock structures
3. Transport of carbon dioxide by pipeline for storage in natural rock structures
4. Saving carbon dioxide in natural rock structures.
E. Aviation
Aircraft flights departing from or arriving at an airport located in the territory of the European Communities to which the Treaty applies.
This activity does not include:
(a) flights carried out exclusively for the purpose of transporting the ruling monarch and his immediate family, Heads of State, Heads of Government and Government Ministers of a country other than a Member State, during their missions, provided that this is demonstrated by an appropriate status designation on the flight plan;
(b) military flights carried out by military aircraft and by customs and police authorities;
(c) search and rescue flights, fire-fighting flights, humanitarian flights and air rescue flights approved by the competent authority;
(d) all flights performed exclusively under visual flight rules in accordance with Annex 2 to the Convention on International Civil Aviation (12);
(e) flights ending at the aerodrome from which the aircraft took off during which no intermediate landing took place;
(f) training flights performed solely for the purpose of obtaining a licence or qualification in the case of a flight crew in a pilot's cabin, provided that this is demonstrated by an appropriate remark in the flight plan and provided that the flight is not intended to carry passengers or cargo or to transfer or transport aircraft;
(g) flights performed solely for the purpose of scientific research or control, testing or certification of aircraft or equipment, both air and ground;
(h) flights carried out by aircraft of a certified maximum take-off mass of less than 5 700 kg;
(i) flights carried out under public service obligations ordered in accordance with the directly applicable European Communities1d) on routes in the outermost regions referred to in Article 349 of the Treaty on the Functioning of the European Union or on routes on which the capacity offered does not exceed 30 000 seats per year; or
(j) flights which would otherwise fall under this activity by a commercial air transport operator which:
1. for 3 consecutive four-month periods, less than 243 flights per four-month period; or
2. carry out flights with a total annual emissions production of less than 10 000 tonnes per year;
This includes flights conducted solely for the purpose of transporting the ruling monarch and his immediate family, Heads of State, Heads of Government and Government Ministers of the Member States in the performance of their duties.
Příloha č. 2
Annex No 2 to Act No 695 / 2004 Coll.
Principles for verifying the declared amount of emissions
I. GENERAL PRINCIPLES
1. The verification shall be based on the quantity of emissions declared by the operator of the installation or the quantity of emissions and tonne-kilometre data reported by the aircraft operator pursuant to Section 7 (2) and, where appropriate, by the Ministry of Air Quality Monitoring. The verification shall cover the reliability, reliability and accuracy of the method of detection used, the declared amount of emissions and other related data. The object is in particular:
(a) reported data on the activity of equipment or aircraft used for the performance of aviation activities, related measurements and calculations;
(b) the selection and use of emission factors;
(c) the method of calculating the total quantity of emissions;
(d) the selection and use of measurement methods where the operator of the installation detects emissions by measuring.
2. The reported amount of emissions shall only be verified if the emissions have been identified with a high degree of certainty on the basis of reliable and reliable data. A high degree of certainty is achieved under the following conditions:
(a) the reported amount of emissions is not internally contradictory;
(b) data collection has been carried out in accordance with relevant scientific standards;
(c) the relevant data on the installation or operator of the aircraft are complete and intrinsically non-contradictory.
3. The authorised person shall be granted access by the operator of the installation or aircraft to all sites and to all data relating to the subject of the verification.
4. The verification shall take into account whether an environmental management and audit system is in place in the installation or aircraft operator concerned.
II. METHODS OF VERIFICATION
Strategic analysis
5. The verification shall include a strategic analysis of all activities carried out in the aviation facility or activities under management and carried out by the aircraft operator. The authorised person must therefore have an overall overview of all such activities and their impact on emissions.
Process analysis
6. The verification of the reported amount of emissions and the data underlying it shall be carried out preferably at the site of the installation or at the site used by the aircraft operator to carry out the aviation activities covered by the management.
Risk analysis
7. Verification shall be submitted to each emission source at the installation or to each aircraft for which the aircraft operator is responsible; the reliability of data on how each source or aircraft has contributed to the total emissions from the installation or aviation activity shall be evaluated.
8. When carrying out this analysis, the authorised person shall identify the emission sources or aircraft for which the aircraft operator is responsible at a high risk of potential misconduct. Similarly, it shall identify other elements for the detection and reporting of emissions from installations or aviation activities that may cause errors in determining the total emissions; This means, in particular, the selection of emission factors and methods of calculation necessary to determine the level of emissions from individual sources or aircraft. An authorised person shall pay particular attention to the emission sources and other elements of the detection or reporting of emissions from an installation or aviation activity identified by this procedure.
9. The authorised person shall take into account all effective risk control methods used by the operator or aircraft operator to limit the degree of uncertainty.
III. VERIFICATION REPORT
10. The authorised person shall issue a verification report to the operator of the installation or aircraft operator. The verification report shall indicate whether the quantity of emissions has been reported by the operator in accordance with this Act, its implementing legislation and the authorisation and has not been substantially distorted. In addition, the authorised person shall provide details of the method and procedure of verification in the report.
IV. OTHER PROVISIONS CONCERNING VERIFICATION OF AIR EMISSIONS REPORTS
11. The Authorised Person shall in particular ascertain whether:
(a) all flights covered by aviation activities listed in Annex 1 to this Law have been taken into account. In this task, the authorised person shall be assisted by time-schedule data and other data on the operation of the aircraft operator, including Eurocontrol data requested by that operator;
(b) aggregated fuel consumption data and fuel purchased or otherwise delivered to an aircraft operating in the aviation field shall be consistent overall.
V. OTHER PROVISIONS RELATING TO VERIFICATION OF TUNOKILOMETERS DATA SUBMITTED FOR PURPOSE § 9
12. The general principles and methodology used for the verification of emissions reports referred to in Article 7 (1), as set out in this Annex, shall apply mutatis mutandis to the verification of tonne-kilometre data in the aviation field.
13. In particular, the Authorised Person shall establish whether only the flights for which the operator is responsible have been taken into account in the application referred to in Article 9 (3) of the relevant operator, which have actually been carried out and fall within the aviation activities listed in Annex 1 to this Law. In doing so, the authorised person shall use the operating data of the aircraft operator, including the Eurocontrol data requested by that operator. In addition, the authorised person shall determine whether the payload reported by the aircraft operator corresponds to the payload records kept by the operator for safety reasons.
Příloha č. 3
Annex 3 to Act No 695 / 2004 Coll.
Criteria for preparing the national allocation plan (§ 8 (1))
1. The total quantity of allowances proposed to be allocated for the relevant trading period shall be consistent with the commitment of the Czech Republic to reduce its emissions under Council Decision 2002 / 358 / EC of 25 April 2002 on the approval on behalf of the European Communities of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and on the joint fulfilment of commitments there and under the Kyoto Protocol, taking into account the share of these emissions as compared to the emissions from installations not covered by this Act and the State's energy policy. The total quantity of allowances proposed to be allocated shall not exceed that necessary to apply the criteria set out in this Annex.
2. The total quantity of allowances proposed to be allocated must be based on an assessment of the actual and anticipated progress of the fulfilment of the commitment of the Czech Republic to contribute to the fulfilment of the commitments for the European Community under Decision No 280 / 2004 / EC of the European Parliament and of the Council of 11 February 2004 on a mechanism for monitoring greenhouse gas emissions in the Community and on a mechanism for implementing the Kyoto Protocol.
3. The quantity of allowances proposed shall correspond to the possibilities (including technological options) of the installation to reduce emissions. The allocation of allowances may be based on average greenhouse gas emissions per product for each installation category and on achievable progress in the sector to which the installation belongs.
(4) The draft national allocation plan (hereinafter referred to as the plan) shall comply with Community legislation and policy documents. In doing so, it takes account of the growth in greenhouse gas emissions caused solely by the requirements of new legislation.
5. The plan must be designed in such a way that it does not discriminate between individual operators of installations or categories of installations which would, contrary to the Treaty establishing the European Communities, in particular Articles 87 and 88, unduly favour certain operators of installations or categories of installations.
6. The draft plan shall specify the quantity of allowances reserved for new operators.
7. The draft plan may include timely measures; in that case, indicate how the timely action will be taken into account. The draft plan may benefit from reference levels resulting from reference documents concerning best available techniques; Such reference levels may include urgent measures.
8. The draft plan shall take into account the use of clean technology, in particular energy-efficient technology.
9. The draft plan must contain information on how the proposal is to be discussed with the public and how the public's comments will be taken into account before submitting the draft plan to the European Commission (Section 8).
10. The draft plan shall include a list of the installations covered by this Act with the quantity of allowances proposed to each installation.
11. The draft plan may include information on the way in which competition issues between countries and economic operators outside the European Union are taken into account.
12. The draft plan for each of the other trading periods shall contain a percentage of the allocation of allowances for each installation covered by this Act to which the operator of that installation may use emission reduction units and verified emission reduction units from project activities.
13. The draft plan may include a special reserve in the form of a certain quantity of allowances which will not be allocated to the operators of the installation and which will be eliminated within the meaning of Article 10b (5).
1) Directive 2003 / 87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 / 61 / EC. Directive 2004 / 101 / EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003 / 87 / EC establishing a scheme for greenhouse gas emission allowance trading within the Community with regard to the Kyoto Protocol project mechanisms. Directive 2008 / 101 / EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003 / 87 / EC to integrate aviation activities into the scheme for greenhouse gas emission allowance trading within the Community.
(1a) Commission Regulation (EC) No 994 / 2008 of 8 October 2008 on a standardised and secure system of registers pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council and Decision No 280 / 2004 / EC of the European Parliament and of the Council.
1b) United Nations Framework Convention on Climate Change, published under No 80 / 2005 Coll.
1c) Kyoto Protocol to the United Nations Framework Convention on Climate Change, published under No 81 / 2005 Coll.
1d) Regulation (EC) No 1008 / 2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (recast).
(1e) Article 18a (3) of Directive 2003 / 87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 / 61 / EC.
2) Article 15 of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended by Act No. 92 / 2004 Coll.
3) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended by Act No. 517 / 2002 Coll.
4) § 3 (1) (b) of Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended.
5) Directive 2003 / 87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96 / 61 / EC. Commission Regulation (EC) No 994 / 2008 of 8 October 2008 concerning a standardised and secure system of registers pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council and Decision No 280 / 2004 / EC of the European Parliament and of the Council.
6) Article 2 of Act No. 526 / 1990 Coll., on Prices, as amended.
(6a) Commission Regulation (EC) No 2216 / 2004 on a standardised and secure system of registries pursuant to Directive 2003 / 87 / EC of the European Parliament and of the Council and Decision 280 / 2004 / EC of the European Parliament and of the Council.
(b) Directive 2003 / 87 / EC as amended.
7) Article 25 of Directive 2003 / 87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emissions trading within the Community and amending Council Directive 96 / 61 / EC.
7a) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
8) Article 28 of Directive 2003 / 87 / EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emissions trading within the Community and amending Council Directive 96 / 61 / EC.
9) § 35 of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended.
9a) § 2 (2) of the Commercial Code.
11) Article 2 of Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the amendment of certain laws (Integrated Prevention Act).
12) Article 34 of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended.
12) Convention on International Civil Aviation published under No 147 / 1947 Coll.
13) Act No. 85 / 2012 Coll., on the storage of carbon dioxide in natural rock structures and on the modification of certain laws.
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Regulation Information
| Citation | Act No. 695 / 2004 Coll., on the Conditions of Trade in greenhouse gas emission allowances and on the amendment of certain laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2004 |
|---|---|
| Effective from | 31.12.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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