Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office for Justice ÿ www.gesetze-im-internet.de Act on trading in allowances for the issuance of Greenhouse gases*) (Greenhouse Gas Emissions Trading Act - TEHG) TEHG Issue date: 07/21/2011 full quote: "Greenhouse Gas Emissions Trading Act of July 21, 2011 (Federal Law Gazette I p. 1475), which was last amended by Article 18 of the Law of August 10, 2021 (Federal Law Gazette I p. 3436) has been changed" Stand: Last amended by Art. 2 G v. 8/8/2020 I 1818 Note: Change by Art. 18 G v. 10.8.2021 I 3436 (No. 53) textually proven, still documented not finalized *) This law serves to implement Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 on a greenhouse gas emission allowance trading scheme in of the Community and amending Council Directive 96/61/EC (OJ L 275 of 25.10.2003, p. 32), which was last amended by Directive 2009/29/EC (OJ L 140 of 5.6.2009, p. 63), and of Directive 2006/123/EC of the European Parliament and of the Council of December 12, 2006 Services in the Internal Market (OJ L 376, 27.12.2006, p. 36). footnote (+++ Text proof from: 28.7.2011 +++) (+++ For application see §§ 33, 34, 35 +++) (+++ Official reference of the norm setter to EC law: Implementation of the EGRL 87/2003 (CELEX Nr: 32003L0087) EGRL 123/2006 (CELEX Nr: 32006L0123) +++) The G was as Art. 1 of the G v. Decided by the Bundestag on July 21, 2011. According to Art. 15 Para. 2 Sentence 1 of this G entered into force on July 28, 2011. Table of Contents Part 1 General Rules § ÿ1 purpose of the law § ÿ2 scope of application § ÿ3 definitions Section 2 Authorization and monitoring of emissions § ÿ4 Emission Approval § ÿ5 Determination of emissions and emissions report § ÿ6 monitoring plan Section 3 Permissions and Allocation § ÿ7 Permissions § ÿ8 Auctioning of Permissions § ÿ9 Allocation of free authorizations to plant operators - Page 1 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office for Justice ÿ www.gesetze-im-internet.de § 10 (dropped out) § 11 Allocation of free allowances to aircraft operators § 12 (dropped out) § 13 (dropped out) § 14 Issuance of Permissions § 15 enforcement of return obligations § 16 Recognition of Emission Allowances § 17 Emissions Trading Registry Section 4 Global market-based mechanism for international air transport § 18 Monitoring, Reporting and Auditing Section 5 Common Rules § 19 responsibilities § 20 monitoring, data transmission § 21 inspection bodies § 22 (dropped out) § 23 electronic communication § 24 Uniform facility § 25 Change of identity or legal form of the operator § 26 Exclusion of the suspensive effect § 27 Small emitters, regulatory authority § 28 ordinance authorizations Section 6 sanctions § 29 enforcement of the reporting obligation § 30 enforcement of the tax obligation § 31 Operating ban against aircraft operators § 32 fine regulations Section 7 transitional arrangements § 33 Transitional Fee Collection Rules § 34 Transitional regulation for plant operators § 35 Transitional arrangements for aircraft operators Annex 1 Activities involved and greenhouse gases Annex 2 Requirements for the submission and approval of monitoring plans according to § 6 as well as the determination of emissions and the reporting according to § 5 Annex 3 (dropped out) Annex 4 (dropped out) Part 1 - Page 2 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de General Rules § 1 Purpose of the law The purpose of this law is to create the basis for trading in allowances for the emission of greenhouse gases in a community-wide emissions trading system for the activities listed in Annex 1 Part 2, through which greenhouse gases are emitted, in order to achieve a cost-efficient reduction of greenhouse gases contribute to global climate protection. The law also serves to implement the European and international requirements for including air traffic in measures to record, reduce and offset greenhouse gases and to implement the European requirements for recording greenhouse gases in maritime transport. § 2 Scope (1) This Act applies to the emission of the greenhouse gases specified in Annex 1 Part 2 through the activities specified there. This law also applies to the installations listed in Annex 1 Part 2 if they are parts or ancillary facilities of an installation that is not listed in Annex 1 Part 2. (2) The scope of application of this Act extends to all 1. plant parts and process steps that are necessary for operation, and 2. ancillary facilities that are connected to the plant parts and process steps according to number 1 in one are spatially and operationally related and which may be of importance for the production of the greenhouse gases specified in Annex 1 Part 2. Sentence 1 applies to combustion units according to Annex 1 Part 2 Number 1 accordingly. (3) The prerequisites specified in Appendix 1 are also met if several systems of the same type are in a close spatial and operational relationship and together reach or exceed the performance limits or system sizes specified in Appendix 1. A close spatial and operational connection is given if the systems 1. are on the same company premises, 2. are connected to common operating facilities and 3. serve a comparable technical purpose. (4) If installations pursuant to Annex 1 Part 2 Numbers 2 to 30 require a permit pursuant to Article 4 Paragraph 1 Clause 3 of the Federal Immission Control Act, the stipulations in the emission control permit for the installation shall apply with regard to the delimitation of the installations pursuant to Paragraphs 2 and 3 essential. Sentence 1 applies to combustion units according to Annex 1 Part 2 Number 1 accordingly. In the cases of paragraph 1 sentence 2, sentence 1 applies accordingly with regard to the stipulations in the immission control permit for the plant parts or ancillary facilities. (5) This Act does not apply to: 1. Installations or parts of installations insofar as they are used for research or the development or testing of new Input materials, fuels, products or processes are used on a laboratory or pilot plant scale; this also includes facilities on a laboratory or pilot plant scale in which new products are manufactured in the quantities required for third parties to test their properties before they are launched, provided that the new products are still being researched or developed further, 2. Plants that require a permit in accordance with Article 4 Paragraph 1 Clause 3 of the Federal Immission Control Act and which, after their permit under the Immission Control Act, only use sewage gas, landfill gas, biogas or biomass as fuel within the meaning of Article 2 Paragraph 2, except for the purposes of pilot and support firing Sentence 2 letters a and e of Directive 2009/28/EC of the European Parliament and of the Council of April 23, 2009 on the promotion of the use of energy from renewable sources and on the amendment and subsequent repeal of Directives 2001/77/EC and 2003/30 /EG (OJ L 140 of June 5th, 2009, p. 16) may be used in the current version and 3. Installations or combustion units according to Annex 1 Part 2 Numbers 1 to 6 for the combustion of hazardous waste or municipal waste that requires a permit in accordance with Number 8.1 of the Annex to the Ordinance on Plants Requiring a Permit. - Page 3 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de (6) In the case of aviation activities, the scope of this Act extends to all emissions from an aircraft that result from the consumption of fuel. The fuel consumption of an aircraft also includes the fuel consumption of auxiliary engines. This Act only applies to aviation activities carried out by aircraft operators who 1. have a valid German operating license within the meaning of Article 3 of Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of September 24, 2008 on common rules for the operation of air traffic services in the Community (OJ L 293 of October 31, 2008, p. 3) in the applicable version, or 2. which are assigned to the Federal Republic of Germany as the responsible administering member state in accordance with Regulation (EC) No. 748/2009 of the Commission of 5 August 2009 on the list of aircraft operators who performed an aviation activity within the meaning of Annex I of Directive 2003/87/EC on or after 1 January 2006, specifying the administering Member State responsible for the individual aircraft operators (OJ . L 219 of 22.8.2009, p. 1), amended by Regulation (EU) No. 82/2010 (OJ L 25 of 29.1.2010, p. 12). in the currently applicable version, and do not have a valid operating license from another contracting state of the Agreement on the European Economic Area. All aviation activities carried out by the aircraft operator from the beginning of the calendar year in which the requirements under sentence 3 are met for the first time fall within the scope of this Act. (7) This Act also applies to tasks in connection with the approval of subsidies to compensate for indirect CO2 costs, insofar as such subsidies are provided for under a funding guideline under Article 10a paragraph 6 of Directive 2003/87/EC. (8) This Act also applies to tasks related to monitoring and punishing violations of the monitoring and reporting obligations of the MRV Maritime Transport Ordinance. (9) For aircraft operators pursuant to paragraph 6 sentence 3 number 1 apply with regard to their obligations under the global market- based mechanism of the International Civil Aviation Organization in accordance with an ordinance issued pursuant to Article 28c of Directive 2003/87/EC for the monitoring, reporting or verification of greenhouse gas emissions according to the global market-based mechanism Section 4 and Section 32 Paragraph 3 Number 6 of this Act. § 3 Definitions The following definitions apply to this Act: 1. Facility means a business premises or other stationary facility; 2. Installation operator means a natural or legal person or partnership who has direct decision-making power over an installation in which an activity pursuant to Annex 1 Part 2 Numbers 1 to 32 is carried out and who bears the economic risks in doing so; anyone who, within the meaning of the Federal Immission Control Act, operates a facility that requires a permit, in which an activity is carried out in accordance with Annex 1 Part 2 Numbers 1 to 30, is a facility operator in accordance with clause 1; 3. Authorization Authorization to emit one tonne of carbon dioxide equivalent in a given period; one tonne of carbon dioxide equivalent is one tonne of carbon dioxide or that amount of any other greenhouse gas that has the potential to warm the atmosphere as one tonne of carbon dioxide; 4. Operator an installation operator or aircraft operator; 5.ÿÿ Emission the release of greenhouse gases from an activity in accordance with Annex 1 Part 2; the forwarding of According to the Monitoring Ordinance, greenhouse gases are equivalent to releases; 6. (dropped out) 7. Aircraft operator means a natural or legal person or partnership that has direct decision-making authority over an aircraft at the time when it is operated - Page 4 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de an aviation activity is carried out and which, in doing so, involves the economic risks of air transport activity, or if the identity of that person is unknown or dated aircraft owner is not specified, the owner of the aircraft; 8. aviation allowance an allowance issued for emissions from aviation; 9. aviation activity an activity according to Annex 1 Part 2 Number 33; 10. Monitoring Regulation Commission Regulation (EU) No. 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions in accordance with Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181 dated July 12, 2012, p. 30) in the applicable version; 11.ÿÿ MRV-Seeverkehrsverordnung Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on monitoring, reporting and verifying carbon dioxide emissions from maritime transport and amending Directive 2009/16/ EC (OJ L 123 of May 19, 2015, p. 55); 12. (dropped out) 13. Production output the actual and legally maximum possible production volume per year; 14. Activity an activity specified in Annex 1 Part 2; 15. Transport performance the product of flight distance and payload; 16. Greenhouse gases Carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF6); 17. Monitoring plan a description of the method used by an operator to determine and report on its emissions; 18. (dropped out) Section 2 Authorization and monitoring of emissions § 4 Emission Approval (1) The installation operator requires a license to release greenhouse gases through an activity pursuant to Annex 1 Part 2 numbers 1 to 32. The permit shall be granted by the competent authority at the request of the plant operator if the competent authority can ascertain the information pursuant to paragraph 3 on the basis of the application documents submitted. (2) The applicant must include the following information in particular with the application for approval: 1. Name and address of the system operator, 2. A description of the activity, the location and the nature and extent of that carried out there services and the technologies used, 3. in the cases of Section 2 subsection 1 sentence 2, a description of the spatial demarcation of the parts of the facility, Procedural steps and ancillary facilities according to § 2 paragraph 2, 4. the sources of emissions and 5. the point in time at which the system was or is to be put into operation. (3) The license contains the following information: 1. name and address of the installation operator, 2. a description of the activity and the location at which the activity is carried out, - Page 5 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de 3. in the cases of Section 2 (1) sentence 2, a description of the spatial demarcation of the included Plant parts, process steps and ancillary equipment according to § 2 paragraph 2 and 4. A listing of the sources of emissions included. (4) In the case of systems that were approved before January 1, 2013 in accordance with the provisions of the Federal Immission Control Act, the immission control permit is the permit pursuant to subsection 1. However, the system operator can also apply for a separate permit pursuant to subsection 1 in the case of sentence 1 apply for. In this case, sentence 1 is only applicable until the separate approval has been granted. (5) The installation operator is obliged to notify the competent authority fully and correctly of a planned change in activity with regard to the information pursuant to subsection 3 at least one month before implementation, insofar as this change may have an impact on emissions. The competent authority changes the permit accordingly. Irrespective of sentence 2, the competent authority shall review the information pursuant to paragraph 3 at least every five years and amend the license accordingly if necessary. Paragraph 4 sentence 3 applies accordingly to the changes to the permit mentioned. (6) In the procedures for issuing or amending the emission permit pursuant to subsections 1, 4 sentence 2 and subsection 5, the competent authority pursuant to Section 19 subsection 1 number 3 must be given the opportunity to comment within a reasonable period of time. footnote (+++ § 4: For application see § 34 paragraph 2 +++) § 5 Determination of Emissions and Emissions Report (1) The operator must determine the emissions caused by his activities in a calendar year in accordance with Annex 2 Part 2 and report the emissions to the competent authority by March 31 of the following year. (2) The information in the emissions report pursuant to paragraph 1 must have been verified by a verifier pursuant to Section 21. footnote (+++ § 5: For application see § 34 paragraph 2 and § 35 paragraph 1 +++) Section 6 Monitoring Plan (1) The operator is obliged to submit a monitoring plan for emission determination and reporting pursuant to Section 5 (1) to the competent authority for each trading period. In doing so, he must comply with the deadlines specified in Annex 2 Part 1 Number 1. (2) Approval shall be granted if the monitoring plan complies with the requirements of the Monitoring Ordinance, the statutory ordinance pursuant to Article 28 Paragraph 2 Number 1 and, insofar as these do not contain any regulations, Annex 2 Part 2 Sentence 3. If a submitted monitoring plan does not meet these requirements, the operator is obliged to rectify the identified deficiencies within a period to be set by the competent authority and to submit the amended monitoring plan. In the case of Section 19 subsection 1 number 1, the authority responsible under Section 19 subsection 1 number 1 must be given the opportunity to comment in the procedure for approving the monitoring plan. The competent authority may impose requirements for monitoring and reporting on emissions to the permit. (3) The operator is obliged to adapt the monitoring plan within a trading period without delay and to submit it to the competent authority if the following changes arise with regard to the requirements for determining emissions or their reporting: .change of his emission permit or 3. a significant change in the monitoring according to Article 15 paragraphs 3 and 4 of the Monitoring Ordinance. Paragraph 2 applies accordingly to the adapted monitoring plan. - Page 6 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de footnote (+++ § 6 paragraph 1 sentence 1 and 2: For non-application see § 35 paragraph 2 +++) Section 3 Permissions and Allocation § 7 Permissions (1) The operator must submit a number of allowances to the competent authority each year by April 30, which corresponds to the emissions caused by his activity in the previous calendar year. (2) Entitlements issued after January 1, 2013 are valid indefinitely. Starting with the issue for the trading period beginning on January 1, 2021, the assignment to a ten-year trading period can be seen on the allowances; these allowances are valid for emissions from the first year of the respective trading period. The owner of permissions can waive them at any time and request their deletion. (3) Authorizations are transferrable. The transfer of allowances takes place through agreement and entry in the account of the acquirer in the Emissions Trading Registry pursuant to Section 17. The entry is made on the instruction of the seller to the account-keeping office to transfer allowances from his account to the account of the acquirer. (4) Insofar as an entitlement is entered in the Emissions Trading Register for someone, the contents of the register shall be deemed to be correct. This does not apply to the recipient of issued entitlements if he is aware of the incorrectness at the time of issue. (5) (dropped out) footnote (+++ § 7: For application see § 34 paragraph 2 +++) § 8 Auctioning of Allowances (1) The auctioning of allowances takes place in accordance with the rules of Commission Regulation (EU) No. 1031/2010 of November 12, 2010 on the timing and administrative process and other aspects of the auctioning of greenhouse gas emission allowances in accordance with Directive 2003/87/EC of European Parliament and of the Council on a system for trading in greenhouse gas emission allowances in the Community (OJ L 302 of 18.11.2010, p. 1) as amended. In the case of the ban on coal firing under Part 6 of the Act on the Reduction and Termination of Coal Power Generation, allowances are deleted from the quantity of allowances to be auctioned to the extent that corresponds to the additional emission reduction through the closure of the power generation capacities, to the extent that this quantity cannot be marketed with Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 on the establishment and application of a market stability reserve for the greenhouse gas emission allowance trading scheme in the Union and amending Directive 2003/87/EC ( OJ L 264 of October 9th, 2015, p. 1) set up market stability reserve is withdrawn and insofar as this corresponds to the requirements of Article 12 paragraph 4 of Directive 2003/87/EC. This amount is determined for the previous calendar year and determined by resolution of the Federal Government. (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy, commissions a suitable body to conduct the auction. (3) The federal government is entitled to the proceeds from the auctioning of allowances pursuant to paragraph 1. The costs incurred by the Federal Government through the performance of the tasks assigned to it within the framework of emissions trading and which are not covered by fees under the Federal Fees Act and the Special Fees Ordinance of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety pursuant to Section 22 (4) of the Federal Fees Act are paid out covered by the proceeds according to sentence 1. - Page 7 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de (4) In order to place bids on their own account or on behalf of the customers of their main business, the companies named in Section 3 (1) number 8 of the Securities Trading Act require a permit from the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, Federal Financial Supervisory Authority). Permission is granted if the company meets the conditions of Article 59 Paragraph 5 of Regulation (EU) No. 1031/2010. Except in accordance with the provisions of the Administrative Procedures Act, BaFin may revoke the license if it becomes aware of facts which would rule out the granting of a license in accordance with sentence 2. § 9 Allocation of free authorizations to system operators (1) Installation operators receive an allocation of free allowances in accordance with a Commission Regulation issued in accordance with Article 10a Paragraph 1 Sentence 1 of Directive 2003/87/EC. (2) The allocation of free allowances requires an application to the competent authority. The application for allocation must be submitted within a period that is announced by the competent authority in the Federal Gazette at least three months before the end of the period. The application must be accompanied by the documents required to examine the claim. The actual information in the allocation application must have been verified by an inspection body in accordance with Section 21. If the application is submitted late, there is no entitlement to free allocation. (3) The competent authority calculates the provisional allocation amounts, publishes a list of all installations falling within the scope of this Act and the provisional allocation amounts in the Federal Gazette and reports the list to the European Commission. When calculating the provisional allocation amounts, only information provided by the operator that is sufficiently correct is taken into account. Legal remedies with regard to the reporting of the allocation amounts can only be asserted at the same time as the legal remedies against the allocation decision. (4) Before the start of the trading period, the competent authority decides on the allocation of free allowances for an installation to installation operators who have submitted an application within the period announced in subsection (2) sentence 2. Otherwise, the provisions of the Administrative Procedures Act apply to the allocation procedure. (5) The allocation decision shall be reversed if it subsequently has to be changed due to a legal act of the European Union. Sections 48 and 49 of the Administrative Procedures Act remain unaffected. footnote (+++ § 9: For application see § 34 paragraph 2 +++) § 10 (repealed) § 11 Allocation of free authorizations to aircraft operators (1) For aircraft operators who have received an allocation of free allowances for the trading period 2013 to 2020 in accordance with Section 11 or Section 12 in the version applicable until January 24, 2019, the allocation shall be in the amount of the number allocated for the year 2020 Authorizations for the years 2021 to 2023 in accordance with Article 28a paragraph 2 of Directive 2003/87/EC. The linear reduction factor applicable for the years from 2021 in accordance with Article 9 of Directive 2003/87/EC is to be applied to the allocation. (2) Allocation for the subsequent allocation period requires an application to the competent authority, which must be submitted no later than twelve months before the start of the allocation period. In the event of a late application, there is no longer any entitlement to the allocation of free air traffic rights. (3) In the application, the applicant must state the transport performance determined in accordance with Article 56 of the Monitoring Ordinance that he provided in the base year through his aviation activity. The information on the transport service must have been verified by an inspection body in accordance with Section 21. (4) The competent authority checks the information provided by the applicant on the transport service and only transmits such information to the European Commission that has been sufficiently verified to be correct. The aircraft operator is obliged to provide additional information or evidence to the competent authority so that the application can be checked. - Page 8 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de (5) The competent authority publishes a list with the names of the aircraft operators and the amount of the assigned privileges in the Federal Gazette. (6) The allocation decision is to be canceled if it has to be subsequently changed as a result of a legal act of the European Union, in particular also as a result of the review pursuant to Article 28b of Directive 2003/87/EC, or if an aircraft operator no longer carries out any aviation activity. Sections 48 and 49 of the Administrative Procedures Act remain unaffected. Sections 12 and 13 (repealed) § 14 Issuance of Authorizations (1) The competent authority shall issue the allowances allocated pursuant to Section 9 (4) in accordance with the allocation decision by February 28 of a year for which allowances are to be issued. (2) Notwithstanding paragraph 1, allowances allocated for the first year of operation shall be issued immediately after the allocation decision for installations that were put into operation after the start of the trading period. If the allocation decision is made before February 28 of a calendar year, allowances according to sentence 1 will be issued for the first time on February 28 of the same year. (3) In the case of allocation for aircraft operators pursuant to Section 11, the competent authority issues the aviation rights by February 28 of each year. footnote (+++ § 14: For application see § 34 paragraph 2 +++) § 15 Enforcement of Return Obligations Insofar as the operator is obliged to return too many allowances if the allocation decision is overturned, the competent authority can enforce this obligation in accordance with the provisions of the Administrative Enforcement Act. The amount of the penalty payment is up to 500,000 euros. § 16 Recognition of Emission Allowances Emission allowances issued by third countries with which agreements on the mutual recognition of allowances have been concluded in accordance with Article 25 paragraph 1 of Directive 2003/87/EC are subject to an authorization in accordance with Article 19 paragraphs 3 and 4 of Directive 2003/87 /EG enacted regulation of the Commission authorizations equal. Section 17 Emissions Trading Register Allowances are held and transferred in an emissions trading register in accordance with the regulation pursuant to Article 19 Paragraph 3 of Directive 2003/87/EC. Section 4 Global market-based mechanism for international air transport Section 18 Monitoring, Reporting and Auditing (1) The obligations for aircraft operators to monitor, report and verify the greenhouse gases they emit during international flights according to the global market-based mechanism of the International Civil Aviation Organization are determined by a regulation issued under Article 28c of Directive 2003/87/EC and the statutory regulation according to paragraph 4. (2) The Federal Environment Agency is the competent authority for the implementation of the global market-based mechanism. Section 19 paragraph 2 applies accordingly. (3) Articles 3, 20 and 22 paragraph 3 and Article 23 apply accordingly. (4) The Federal Government is authorized to regulate details for determining and reporting on emissions according to the global market-based mechanism and for verifying the reported information by ordinance that does not require the consent of the Bundesrat, insofar as these - Page 9 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de Facts are not conclusively regulated in a regulation issued in accordance with Article 28c of Directive 2003/87/EC. Section 5 Common Rules Section 19 Responsibilities (1) The competent authority is 1. for the implementation of Section 4 in the case of installations requiring a permit pursuant to Section 4 subsection 1 sentence 3 of the Federal Immission Control Act, the authority responsible under state law for the implementation of Section 4, 1a. for the implementation of § 2 paragraph 8 in the context of port state control the trade association Transport Economics Postal Logistics Telecommunications; excepted from this are the tasks of fines authority, 2. for the enforcement of Section 31 (2) in the case of a commercial aircraft operator, aviation federal office 3. otherwise the Federal Environment Agency. (2) If administrative legal recourse is available for disputes under this Act, the administrative court at the headquarters of the German Emissions Trading Authority in the Federal Environment Agency shall have local jurisdiction for complaints directed against an act or omission of the Federal Environment Agency. (3) Insofar as the competent authority pursuant to subsection 1 number 3 performs tasks pursuant to Section 2 subsection 7, it is subject to joint technical supervision by the Federal Ministry for Economic Affairs and Energy and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. (4) The Professional Association for Transport Economics, Post-Logistics and Telecommunications checks as part of the port state control pursuant to Section 6 Paragraph 1 of the Maritime Tasks Act in the version published on June 17, 2016 (Federal Law Gazette I p. 1489), which was last amended by Article 21 of the Act of 13 October 2016 (Federal Law Gazette I p. 2258) in conjunction with Section 12 of the Ship Safety Ordinance of September 18, 1998 (Federal Law Gazette I p. 3013, 3023), which was last amended by Article 177 of the law of March 29, 2017 (BGBl. I p. 626) has been changed, also whether a valid certificate of conformity according to Article 18 of the MRV Maritime Transport Ordinance is carried on board. For this purpose, it can carry out inspections in the ship's operating rooms during normal operating and business hours. If the employers' liability insurance association for transport, postal logistics and telecommunications determines that a valid certificate of conformity pursuant to sentence 1 is missing, it reports this to the authority responsible pursuant to number 3 to check whether there has been a violation of Section 32 paragraph 3a. Section 9e of the Maritime Tasks Act applies accordingly in this case. § 20 Monitoring, data transmission (1) The authority responsible in each case pursuant to Article 19 shall monitor the implementation of this Act and the ordinances based on this Act. (2) Operators as well as owners and owners of aircraft or land on which aircraft are located or on which facilities are operated are obliged to immediately allow the members of the competent authority and their representatives 1. access to the facilities, aircraft or land to allow during business hours, 2. to carry out tests including the determination of emissions during business hours allow as well 3. upon request, to provide the information and submit the documents necessary for the fulfillment of their duties required are. As part of the obligations under sentence 1, the operators must provide workers and tools. (3) Section 55 of the Code of Criminal Procedure applies accordingly to the person obliged to provide information. (4) At the request of an authority responsible under Section 19 subsection 1 number 1, the Federal Environment Agency can transmit data from installations in the Land concerned that have been transmitted in accordance with Section 5 to the requesting authority, insofar as this data is required to fulfill the tasks of the requesting authority. The requesting authority has - Page 10 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de explain for what purposes and to what extent they need the data. If the data contain trade and business secrets, the Federal Environment Agency will expressly point this out to the requesting authority. The requesting authority is responsible for protecting the confidentiality of the data transmitted. Section 21 Inspection bodies (1) The following are entitled to check emission reports according to Article 5 Paragraph 2 and to check allocation applications according to Article 9 Paragraph 2 Clause 4, Article 11 Paragraph 3 Clause 2: 1. accredited verification bodies according to Regulation (EU) No. 600/2012 of Commission of 21 June 2012 on the verification of greenhouse gas emission reports and tonne- kilometre reports and the accreditation of verifiers in accordance with Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181 of 12.7.2012, p. 1) in the applicable version version, 2. certified test centers, which are authorized by the on the basis of § 28 paragraph 4 sentence 1 number 1 Approval body or by the corresponding national authority of another member state according to Article 54 paragraph 2 of Regulation (EU) No. 600/2012. (2) The verifier has the emissions reports, the applications for allocation and the data reports in accordance with the provisions of Regulation (EU) No. 600/2012 in the currently applicable version, a regulation issued in accordance with Article 10a paragraph 1 sentence 1 of Directive 2003/87/EC as well as the ordinances issued in accordance with Section 28 Paragraph 1 Number 3 and Paragraph 2 Number 1. (3) The inspection body performs the tasks assigned to it in accordance with paragraph 2 only in the public interest. Section 22 (repealed) Section 23 Electronic Communications (1) The competent authority may prescribe the use of written or electronic form for the documents referred to in sentence 3, for the notification of decisions and for other communication. If the electronic form is prescribed, the competent authority can prescribe a specific encryption and the opening of access for the transmission of electronic documents. The competent authority can also prescribe that operators or verifiers only use the electronic form templates made available on their website for the preparation of monitoring plans or reports or for submitting applications and that the completed form templates are to be transmitted in electronic form and using a qualified signature . If the use of electronic format templates is prescribed, the transmission of additional documents as a supplement to the format templates is possible, taking into account the formal requirements of sentence 3. Insofar as the Federal Environment Agency is the competent authority, orders pursuant to sentences 1 to 3 shall be published in the Federal Gazette; Otherwise, they will be published in the official publication sheet of the competent authority. (2) Paragraph 1 shall apply accordingly to procedures for the approval of aid within the meaning of Section 2 Paragraph 7. Section 24 Uniform Appendix Upon application, the competent authority shall determine that the operation of several systems within the meaning of Annex 1 Part 2 Number 7 and Numbers 8 to 11, which are operated by the same operator at the same location in a technical network, for the application of Sections 5 to 7 and 9 is considered to be a single installation operation if the required accuracy in determining the emissions is ensured. footnote (+++ § 24: For application see § 34 paragraph 2 +++) § 25 Change of identity or legal form of the operator (1) If the identity or the legal form of an operator changes, the new operator must report this immediately after the change to the authority responsible for the implementation of Section 6 subsection 3 sentence 1, and in the case of installations approved under immission control law, to the authority responsible is responsible for the implementation of Section 4 (5) sentence 1. The new operator assumes the obligations of the original operator that have not yet been fulfilled according to §§ 5 and 7. - Page 11 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de (2) A change of operator during the trading period does not affect the allocation decision. Authorizations that have not yet been issued will be issued to the new operator after proof of the change of operator, provided that he has taken over the activity. (3) If insolvency proceedings are opened against the assets of an operator, the insolvency administrator must inform the competent authority immediately. If the operation is continued as part of insolvency proceedings, the operator's obligations under this law continue to exist. The insolvency administrator informs the competent authority of the natural persons who are entitled to make transfers in accordance with Section 7 (3) during the insolvency proceedings. Sentences 1 to 3 apply accordingly to the provisional insolvency administrator with power of disposal over the operator's assets and to the operator as self-administering debtor. § 26 Exclusion of the suspensive effect Objections and actions for rescission against allocation decisions or decisions according to Section 29 Clause 1 or Section 31 Paragraph 2 Clause 1 have no suspensive effect. Section 27 Small emitters, authorization to issue ordinances The Federal Government is authorized to exclude small emitters from the European emissions trading system at the request of the plant operator and to make further simplifications for small emitters within the framework of the requirements of Articles 27 and 27a of Directive 2003/87/EC by means of a statutory order that does not require the approval of the Bundesrat rules, in particular 1. Facilitation of emissions reporting for installations with annual emissions of up to 5,000 tons of carbon dioxide, 2. Simplified emission certificates for installations with annual emissions of up to 2,500 tonnes carbon dioxide, 3. simplifications for the verification of emission reports, 4. exceptions for the verification of emission reports, 5. within the framework of the implementation of Article 27 of Directive 2003/87/EC, the determination of equivalent Measures, in particular the payment of a compensation amount as compensation for the economic Benefits from the exemption from the obligation under Section 7, including regulations to increase this Compensation amount in case of late payment; the amount of the compensation amount is based on The need to purchase additional authorizations for the system, 6. limit the exclusion of small emitters to individual allocation periods. Section 28 Authorizations to issue ordinances (1) The Federal Government is authorized, by means of a statutory ordinance that does not require the approval of the Bundesrat, 1. to determine the carbon dioxide equivalents within the meaning of Section 3 subsection 1 number 3 for the individual greenhouse gases in accordance with international standards; 2. to provide details for the auction according to § 8; the Federal Government can in particular issue regulations on the approval of bodies that conduct auctions, on the supervision of these bodies and on the approval of other bidders; 3. To regulate details for the allocation of free allowances to system operators according to Article 9 Paragraph 1, insofar as these facts are not in a EC enacted regulation are conclusively regulated, as well as continue to regulate details for the Adjustment of the allocation to implement the implementing act under Article 10a(21) of the Directive 2003/87/EC; especially: (a) the collection of data on emissions and production of installations and other for the Allocation procedure of relevant data, b) the determination of the production volume or other variables used to calculate the Allocation amount and its dynamic adjustment during the trading period are required, c) the allocation for new installations, including the determination of the utilization of these installations, - Page 12 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de d) the determination of the quantities of free allowances to be issued annually in the allocation decision and the transition of the allocation in the event of division or amalgamation of assets, e) the information required in the application pursuant to Section 9 Paragraph 2 Sentence 1 aa) and bb) the documents required as well as the type of evidence to be provided and f) the requirements for the verification of allocation applications and data notifications in the connection with the allocation and exceptions to the verification obligation; 4. to regulate details on the application of Article 24 for systems operated by the same operator at the same location in a technical network; this includes, in particular, provisions that a) the application pursuant to Section 24 is also permissible for uniform installations from installations pursuant to Annex 1 Part 2 Numbers 1 to 6 and other installations pursuant to Annex 1 Part 2, b) for installations according to Annex 1 Part 2 Numbers 8 to 11, the production quantities of the included products manufactured in plants are to be indicated, c) Installations according to Annex 1 Part 2 Number 7 with other installations listed in Annex 1 Part 2 as uniform appendix apply; 5. To regulate details for the creation and modification of the monitoring plan according to § 6, insofar as these facts are not conclusively regulated in the Monitoring Ordinance; in derogation of Section 6 (3) sentence 1, extended deadlines for the submission of the amended monitoring plan can also be specified for certain groups of cases of changes in monitoring. (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to regulate by ordinance that does not require the consent of the Bundesrat: 1. Details on the determination of and reporting on emissions pursuant to Article 5 Paragraph 1, for Verification of the information in emission reports pursuant to Article 5 Paragraph 2 and for verification of the information on transport performance in applications pursuant to Article 11 Paragraph 3 Clause 2, insofar as these facts do not relate to the implementation of Article 4 and are not in the Monitoring Ordinance or in the Ordinance (EU ) No. 600/2012 as amended; 2. in agreement with the Federal Ministry for Economic Affairs and Energy, details of the transfer of Emission allowances issued by third countries according to § 16 and 3. Details on the establishment and management of an emissions trading registry pursuant to Section 17, in particular the facts listed in the ordinance pursuant to Article 19 (3) of Directive 2003/87/EC for supplementary regulation by the Member States. (3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by ordinance, which does not require the approval of the Bundesrat, to appoint a legal entity under private law to carry out all or part of the tasks of the Federal Environment Agency under this Act and the sovereign authority required for this To lend powers if this guarantees that the assigned tasks are carried out properly and centrally for the federal territory. This does not apply to powers under Section 20 Paragraph 2 Numbers 1 and 2 and Section 6 of this Act or to measures under the Administrative Enforcement Act. A legal person offers a guarantee within the meaning of sentence 1 if 1. those who manage or represent the legal person are reliable and are technically suitable 2. the legal person about the equipment and organization necessary to fulfill their tasks and has sufficient initial capital and 3. economic or organizational proximity to persons who fall under the scope of this law. The loan is subject to the supervision of the Federal Environment Agency. (4) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by Ordinance that does not require the approval of the Federal Council, - Page 13 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de 1. a legal entity with the tasks and powers of an approval body for testing bodies encumber 2. to regulate requirements for the approval body and the exchange of information with the competent authority pursuant to Section 19 subsection 1 number 3 and with the authorities of other Member States responsible for emissions trading; 3. to regulate details of the certification process, in particular the requirements for the testing bodies to be certified according to Section 21 and their tasks and obligations, as well as the supervision of the testing bodies; 4. to regulate the collection of fees and expenses for official acts of the admissions office. The lending pursuant to sentence 1 number 1 is only permissible if the legal entity to be lending guarantees the proper fulfillment of the tasks of the admission body in accordance with the requirements of Regulation (EU) No. 600/2012 in its currently applicable version; the entrusted is subject to the supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Section 6 sanctions Section 29 Enforcement of Reporting Obligations If an operator does not comply with his reporting obligation according to § 5 paragraph 1, the competent authority orders the blocking of his account. The blocking must be lifted immediately as soon as the operator submits a report to the competent authority that meets the requirements of Section 5 or the emissions are estimated in accordance with Section 30 subsection 2 sentence 1. Section 30 Enforcement of the duty to pay (1) If an operator fails to comply with his obligation pursuant to Article 7 Paragraph 1, the competent authority shall set a payment obligation of EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered any allowances. The payment obligation increases according to the increase in the European consumer price index for the reporting year compared to the reference year 2012; these annual indices are published by the Statistical Office of the European Union (Eurostat). A payment obligation can be waived if the operator was unable to fulfill his obligation under Section 7 Paragraph 1 due to force majeure. (2) If an operator has not properly reported on the emissions caused by his activity, the competent authority estimates the emissions caused by the activity in accordance with the requirements of Annex 2 Part 2. The estimate is the basis for the obligation under Article 7 Paragraph 1. The estimate is not made if the operator duly fulfills his reporting obligation during the hearing on the notice of assessment pursuant to paragraph 1. (3) The operator remains obliged to surrender the missing authorizations by January 31 of the following year; if the emissions have been estimated in accordance with paragraph 2, the allowances are to be surrendered in accordance with the estimate made. If the operator does not surrender the missing allowances by January 31 of the following year, allowances to which the operator is entitled to be allocated or issued shall be offset against his obligation under sentence 1. (4) The names of the operators who violate their obligation under Article 7 Paragraph 1 will be published in the Federal Gazette. The publication requires a final payment notice. Section 31 Operating ban against aircraft operators (1) If an aircraft operator does not fulfill his obligations under this Act and compliance with the regulations could not be ensured by other enforcement measures, the competent authority may request the European Commission to decide on an operating ban for the aircraft operator concerned. The competent authority has to make a recommendation for the scope of the operating ban and for the requirements that have to be met. In the case of a commercial aircraft operator, the competent authority must reach agreement with the Luftfahrt-Bundesamt when making the request. - Page 14 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de (2) If the European Commission has decided to impose an operating ban on an aircraft operator in accordance with Article 16(10) of Directive 2003/87/EC, the Federal Aviation Agency shall take action in the case of a commercial aircraft operator and the Federal Environment Agency in the case of a non-commercial aircraft operator measures required by this decision. In particular, they can 1. impose a take-off ban, 2. impose an entry ban, and 3. revoke the permit pursuant to Section 2 (7) of the Air Traffic Act or the operating license pursuant to Section 20 (4) or Section 21a of the Air Traffic Act, if available. § 32 regulations on fines (1) Anyone who 1. contrary to Section 5 subsection 1 in conjunction with Annex 2 Part 2 Sentence 1 does not submit a report, does not submit it correctly, does not do so in full or does not do so in good time commits an administrative offense, 2. contrary to Section 11 Paragraph 3 Sentence 1, does not provide correct information, 3. contrary to Section 11 Paragraph 4 Sentence 2, fails to provide information or evidence, or does not transmit it correctly, completely or in good time, or 4. violates an ordinance pursuant to Section 28 paragraph 1 number 3 letter e double letter aa or an enforceable order based on such an ordinance, insofar as the ordinance refers to this fine provision for a specific fact. (2) Any person who negligently commits an act referred to in subsection (1) is in breach of the regulations. (3) Any person who intentionally or negligently 1. releases greenhouse gases without a permit pursuant to Section 4 (1) sentence 1, 2. contrary to Section 4 (2) fails to provide correct or complete information, 3. contrary to Section 4 (5) sentence 1 or Section 25 subsection 1 sentence 1 fails to submit a report, or does so incorrectly, incompletely or not in good time, not submitted in time, 5. (repealed) 6. violates an ordinance pursuant to Section 18 subsection 4, Section 27 numbers 1 to 3 or Section 28 subsection 1 number 3 letter a or letter e double letter bb or an enforceable order based on such a statutory ordinance, insofar as the statutory ordinance refers to this fine provision for a specific offence, or 7. Contrary to § 20 paragraph 2, does not permit an action mentioned there, does not provide information or does not provide it correctly, incompletely or not in time, does not submit a document or does not submit it correctly or in good time or does not provide a worker or an aid or does not provide it in good time. (3a) Any person who intentionally or negligently violates Article 11 (1) of Regulation (EU) 2015/757 of the European Parliament and of the Council of April 29, 2015 on the monitoring of carbon dioxide emissions from maritime transport, the reporting thereof and the examination thereof, is acting in an administrative offense Emissions and amending Directive 2009/16/ EC (OJ L 123 of 19.5.2015, p. 55) does not submit an emissions report on CO2 emissions or does not do so in good time. (4) The administrative offense can be punished with a fine of up to five hundred thousand euros in the cases of subsection 1 and with a fine of up to fifty thousand euros in the cases of subsections 2 to 3a. (5) (dropped out) Section 7 Transitional Arrangements - Page 15 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de Section 33 Transitional regulation for charging fees Section 22 (1) applies to the charging of fees for opening and managing accounts only from the 2021 to 2030 trading period. Section 22 (1) in the version valid until the end of January 24, 2019 shall continue to apply to the management of accounts for the 2013 to 2020 trading period. Section 34 Transitional regulation for plant operators (1) For the release of greenhouse gases through activities within the meaning of Annex 1, Sections 1 to 36 in the version valid until the end of January 24, 2019 shall continue to apply with regard to the trading period 2013 to 2020. This also applies if the facility in which the activity is carried out was only established between April 25 and January 2019 and December 31, 2020. (2) For plant operators, the obligations under Articles 4, 5 and 7 only apply from January 1, 2021. Insofar as these regulations relate to emissions, they shall apply to greenhouse gases released from January 1, 2021. Sections 9 and 14 only apply to the allocation and issue of allowances for the 2021 to 2030 trading period. Section 24 is to be applied to the determination of uniform annexes from the trading period 2021 to 2030. The competent authority can revoke determinations pursuant to Section 24 in the version valid until the end of January 24, 2019 with effect from the trading period 2021 to 2030, provided that these determinations are not made pursuant to Section 24 or the ordinance pursuant to Section 28 subsection 1 number 4 were allowed. Section 35 Transitional arrangement for aircraft operators (1) Sections 1 to 36 in the version valid until the end of January 24, 2019 shall continue to apply to the release of greenhouse gases from aviation activities within the meaning of Annex 1 Part 2 Number 33 with regard to the trading period 2013 to 2020. This also applies if the aviation activity was only carried out between April 25 and April 25. January 2019 and December 31, 2020. (2) Notwithstanding Article 6 Paragraphs 1 and 2, the monitoring plan approved for 2020 shall continue to apply for the years 2021 to 2023. Appendix 1 (to Section 1, Section 2 Paragraph 1 to 3 Clause 1, Paragraph 4 Clause 1, Paragraph 5 number 3, § 3 numbers 2, 5 and 9, § 4 paragraph 1 sentence 1, § 7 paragraph 2 sentence 1 number 1, § 24 and § 28 paragraph 1 number 4) Activities involved and greenhouse gases (Source: BGBl. I 2011, 1488 - 1491) Part 1 principles 1. To calculate the total rated thermal output of an installation specified in Part 2 Numbers 2 to 6, 11, 13, 19 and 22 or the total rated thermal output of the combustion units of an installation pursuant to Part 2 Number 1, the rated thermal output of all technical units that are part of the installation and in which fuels are burned. In particular, these units are all types of boilers, turbines, heaters, furnaces, incinerators, calciners, kilns, furnaces, dryers, motors, fuel cells, flares and thermal or catalytic afterburners. Units with a rated thermal output of less than 3 megawatts (MW), emergency flares to relieve the system in the event of malfunctions, emergency power generators and units that only use biomass are not taken into account in this calculation. If the threshold value for the total rated thermal input is exceeded, all units in which fuels are burned are included. 2. For the assignment of an installation that can be assigned to both an activity with a threshold indicated as output and an activity with a threshold indicated as total rated thermal input, the following applies: a) If the installation exceeds both the threshold of output and the threshold of total rated thermal output is reached or exceeded, the installation is to be assigned to the activity for which the threshold value is specified as production output. - Page 16 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office for Justice ÿ www.gesetze-im-internet.de b) If the plant either only exceeds the total rated thermal input threshold or only reaches or exceeds the output threshold, it is that activity assigned, whose threshold it reaches. Part 2 activities Nr. activities greenhouse gas combustion units to the burning one from fuels With ÿ1 Total rated thermal output of 20 MW or more in a plant, unless otherwise CO2 covered by one of the following numbers Systems for generating electricity, steam, hot water, process heat or heated ÿ2 Waste gas from the use of fuels in an incinerator (such as Power station, combined heat and power station, heating plant, gas turbine system, internal combustion engine system, others CO2 Firing system), including the associated steam boiler, with a rated thermal output of 50 MW or more Systems for generating electricity, steam, hot water, process heat or heated exhaust gas ÿ3 through the use of coal, coke, including petroleum coke, coal briquettes, peat briquettes, Fuel peat, untreated wood, emulsified natural bitumen, heating oils, gaseous Fuels (especially coke oven gas, mine gas, steel gas, refinery gas, synthesis gas, Petroleum gas from the tertiary production of petroleum, sewage gas, biogas), methanol, ethanol, CO2 natural vegetable oils, vegetable oil methyl esters, natural natural gas, liquid gas, Gases from the public gas supply or hydrogen with a rated thermal output from more than 20 MW to less than 50 MW in an incinerator (such as Power station, combined heat and power station, heating plant, gas turbine system, internal combustion engine system, others Firing system), including associated steam boiler ÿ4 Systems for generating electricity, steam, hot water, process heat or heated exhaust gas through the use of solid or liquid fuels other than those specified in number 3 in a combustion facility (such as a power plant, combined heat and power plant, heating plant, gas turbine plant, CO2 Internal combustion engine system, other combustion system), including associated steam boilers, with a rated thermal input of more than 20 MW to less than 50 MW ÿ5 Combustion engine systems for driving work machines for the use of heating oil EL, diesel fuel, methanol, ethanol, natural vegetable oils, vegetable oil methyl esters or gaseous fuels (especially coke oven gas, mine gas, steel gas, refinery gas, CO2 Synthesis gas, petroleum gas from the tertiary production of petroleum, sewage gas, biogas, natural natural gas, liquid gas, gases from the public gas supply, hydrogen) with a Combustion thermal output of 20 MW or more ÿ6 Gas turbine systems for driving machines for the use of fuel oil EL, Diesel fuel, methanol, ethanol, natural vegetable oils, vegetable oil methyl esters or gaseous fuels (especially coke oven gas, mine gas, steel gas, refinery gas, CO2 Synthesis gas, petroleum gas from the tertiary production of petroleum, sewage gas, biogas, natural natural gas, liquid gas, gases from the public gas supply, hydrogen) with a Combustion thermal output of more than 20 MW Installations for the distillation or refining or other further processing of petroleum or ÿ7 CO2 Petroleum products in petroleum or lubricant refineries 8 plants for the dry distillation of hard coal or lignite (coking plants) CO2 9 plants for roasting, melting, sintering or pelletizing of metal ores CO2 Installations for the manufacture or smelting of pig iron or steel including 10 Continuous casting, also where concentrates or secondary raw materials are used, with a CO2 Melting capacity of 2.5 tons or more per hour, also in integrated steel works operated 11 Installations for the production or processing of ferrous metals (including ferrous alloys) when operating combustion units with a total rated thermal output of 20 MW CO2 or more, unless covered by number 10; the processing includes in particular - Page 17 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office for Justice ÿ www.gesetze-im-internet.de Nr. activities greenhouse gas Rolling mills, reheating furnaces, annealing furnaces, forge works, foundries, coating and pickling plants CO2, 12 plants for the production of primary aluminum PFC 13 Plants for smelting, alloying or refining non-ferrous metals in use of combustion units with a total rated thermal input (including the als CO2 fuels used reducing agents) of 20 MW or more 14 Plants for the production of cement clinker with a production capacity of more than 500 CO2 tons per day in rotary kilns or more than 50 tons per day in other kilns 15 Plants for burning limestone, magnesite or dolomite with a production capacity of CO2 more than 50 tons of quicklime, burnt magnesite or burnt dolomite per day 16 Installations for the production of glass, including those made from waste glass, including CO2 Plants for the production of glass fibers with a melting capacity of more than 20 tons per day 17 Installations for firing ceramic products with a production capacity of more than 75 CO2 tons per day 18 Installations for smelting mineral substances, including installations for the production of CO2 Mineral fibers with a melting capacity of more than 20 tons per day 19 Plants for drying or burning plaster or for the production of plasterboard and other gypsum products when operating combustion units with a CO2 Total rated thermal input of 20 MW or more 20 Plants for obtaining pulp from wood, straw or similar fibrous materials CO2 21 Plants for the production of paper, cardboard or paperboard with a production capacity of more CO2 than 20 tons per day 22 Plants for the production of carbon black in the operation of combustion units with a CO2 Total rated thermal input of 20 MW or more CO2, 23 plants for the production of nitric acid N2O CO2, 24 plants for the production of adipic acid N2O CO2, 25 plants for the production of glyoxal or glyoxylic acid N2O 26 plants for the production of ammonia CO2 Equipment for the production of a) bulk organic chemicals (alkenes and chlorinated alkenes; alkynes; aromatics and alkylated aromatics; phenols, alcohols; aldehydes, ketones; carboxylic acids, dicarboxylic acids, 27 carboxylic acid anhydrides and dimethyl terephthalate; epoxides; vinyl acetate, acrylonitrile; CO2 caprolactam and melamine) or b) polymers (polyethylene, polypropylene, polystyrene, polyvinyl chloride, polycarbonates, Polyamide, Polyurethane, Silikone) with a production capacity of more than 100 tons per day 28 Plants for the production of hydrogen or synthesis gas by reforming, partial Oxidation, water gas shift reaction or similar processes with a production capacity of CO2 more than 25 tons per day 29 installations for the production of sodium carbonate and sodium bicarbonate CO2 30 plants for the separation of greenhouse gases from plants according to numbers 1 to 29 as of CO2 Purposes of transportation and geological storage in accordance with the - Page 18 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de Nr. activities greenhouse gas Directive 2009/31/EC of the European Parliament and of the Council of April 23, 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC and Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC of the European Parliament and of the Council as well as Regulation (EC) No. 1013/2006 (OJ L 140 of 5.6.2009, p. 114). Pipeline systems for the transport of greenhouse gases for the purpose of geological storage in a 31 CO2 storage site approved in accordance with Directive 2009/31/EC Storage site for the geological storage of greenhouse gases approved in accordance with CO2 of Directive 2009/31/EC Flights operated by depart from or end at an aerodrome located in a sovereign territory of a state party to the Agreement 32 on the European Economic Area CO2 , but in the case of member states of the European Union only insofar 33 as the Treaty on the European Union applies in the area. This activity does not include: a) Flights that are operated exclusively to aa) reigning monarchs and their immediate family members, bb) heads of state, heads of government and government ministers of a non-member state of the Agreement on the European Economic Area on an official mission, insofar as this is indicated by a corresponding status indicator in the flight plan is noted; b) military flights in military aircraft, as well as customs and police flights; c) Flights in connection with search and rescue operations, fire-fighting flights, humanitarian mission flights and ambulance flights in medical emergencies, insofar as one Approval from the relevant competent authority has been obtained; d) Flights that are exclusively based on visual flight rules within the meaning of §§ 28 and 31 to 34 of the Air Traffic Regulations are carried out; e) Flights where the aircraft returns to the aerodrome of departure without a stopover returns; (f) training flights conducted solely for the purpose of acquiring a pilot's license or a flight deck crew rating, provided this is noted in the flight plan; this Flights must not be used for the carriage of passengers or cargo or for the positioning or transfer of aircraft; g) flights exclusively for scientific research or for the control, testing or certification of aircraft or equipment, whether airborne or ground-based; h) Flights of aircraft with a maximum certificated take-off mass of less than 5,700 Kilogramm; i) flights within the framework of public service obligations in accordance with Article 16 of Regulation (EC) No. 1008/2008 on routes within outermost regions within the meaning of Article 349 of the Treaty on the Functioning of the European Union or on routes with a offered capacity not exceeding 30,000 seats per year, j) Flights that are not already covered by letters a to i and are operated by an aircraft operator who, for a fee, operates scheduled or Provides on-demand air transport services to the public carrying passengers, cargo or mail (commercial aircraft operator), if - Page 19 of 20 - Machine Translated by Google A service of the Federal Ministry of Justice and the Federal Office of Justice ÿ www.gesetze- im-internet.de Nr. activities greenhouse gas aa) these aircraft operators less than 243 such flights within a calendar year in the periods January to April, May to August and September to performs December or bb) the total annual emissions from such flights by that aircraft operator are less than 10 000 tonnes; this exception does not apply to flights solely for the carriage of governing monarchs and their immediate family members as well as by heads of state, heads of government and Government ministers of a member state of the Agreement on the European Economic Area are carried out in the exercise of their office, as well as k) until 31 December 2030, flights not covered by points (a) to (j) operated by a non-commercial aircraft operator whose flights have total annual emissions of less than 1 000 tonnes. Annex 2 (to Section 5 paragraph 1, Section 6 paragraph 1 sentence 2, paragraph 2 sentence 2, Section 30 paragraph 2 sentence 1 and Section 32 paragraph 1 Number 1) Requirements for the submission and approval of monitoring plans according to § 6 as well as for the Determination of emissions and reporting according to § 5 (Source: Federal Law Gazette I 2019, 42) Part 1 Deadlines for submitting a monitoring plan The following deadlines apply to the submission of a monitoring plan pursuant to Article 6 Paragraph 1 Sentence 1: a) For operators of installations that were put into operation no later than ten months before the start of a trading period, the deadline ends five months before the start of the trading period; b) Operators of installations who are subject to the obligations pursuant to Section 5 for the first time later than ten months before the start of a trading period must submit the monitoring plan before the point in time at which they are first subject to the obligations pursuant to Section 5; c) Aircraft operators commencing aviation activity in an ongoing trading period shall submit a monitoring plan for emissions reporting for that trading period immediately after commencing aviation activity. Part 2 Requirements for determining emissions and reporting emissions The operator must determine its emissions according to its approved monitoring plan. Insofar as this monitoring plan does not contain any regulations, it must determine and report on the emissions in accordance with the Monitoring Ordinance and an ordinance issued in accordance with Article 28 Paragraph 2 Number 1. Insofar as these ordinances do not contain any regulations, an oxidation factor of 1 is to be used as a basis for oxidation processes; incomplete combustion is also not taken into account when determining the emission factor. The CO2 emissions from installations within the meaning of Annex 1 Part 2 Numbers 8 to 10 are to be recorded by balancing and balancing the carbon content of the CO2-relevant inputs and outputs, insofar as these installations are considered a single installation pursuant to Article 24; Combined power plants at the site of iron and steel production plants may not be accounted for together with the other plants. Appendix 3 (dropped out) Appendix 4 (dropped out) - Page 20 of 20 -