Legal regulations
The United Nations Framework Convention on Climate Change (UNFCCC, entered into force 1995) is the international legal background for saving the world’s climate situation. The UNFCCC’s objective is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
Further milestones in the history of international climate protection were set in 1997 with the Kyoto Protocol and in 2015 with the Paris Agreement.
Numerous directives and regulations have been issued at European level in this regard. The European emissions trading system is based on the Directive 2003/87/EU, which is transposed into national law by the member states of the European Union. The Emissions Trading Registry is governed in particular by the Registry Regulation 2019/1122/EU, which sets out the rules for maintaining the Union Registry, in particular
- that a registry for emissions allowances is to be established,
- how accounts in the registry are to be managed,
- how allowances are surrendered, retired and cancelled (e.g. entry of emissions in the Union Registry by 31 March of each year),
- how the compliance status of operators is calculated and
- which information in the registry is public.
The Registry Regulation 2019/1122/EU has replaced the Registry Regulation 2013/389/EU in almost all areas since the start of the 4th trading period on 1 January 2021. The Registry Regulation 2013/389/EU now only applies to a limited area, e.g. for all measures relating to the second commitment period of the Kyoto Protocol.
The European Commission, which provides and operates the Union Registry for the Member States, implements the data protection requirements of the Registry Regulation 2019/1122/EU by taking appropriate measures.
Due to the obligation to transpose European directives into Austrian law the “Emissionszertifikategesetz 2011” (Austrian Act on Emissions Allowances 2011, Federal Gazette No I 2011/118 as amended) is the centerpiece in the Austrian legislation regarding Emission Trading. The EZG 2011 transposes the European Directive 2003/87/EC. It regulates
- which installations have to participate in the emission trading system in Austria
- how installations get the permit to emit greenhouse gases
- how emissions are monitored and verified
- how allowances are to be allocated (since 2024, free allowances have to be allocated by 30 June of each year) and
- how allowances are to be surrendered and retired (since 2024, the surrender has to be performed by 30 September of each year).
According to § 43 EZG 2011 the Austrian legislative authority enacted the so-called Registerstellenverordnung (Federal Gazette No II 2012/208) which statutes the Umweltbundesamt GmbH as the national administrator.
Moreover the contractual relations between national administrator and the single account holders are liable to the Terms and Conditions of Use (TCU). There is a difference between Terms and Conditions of Use referring to accounts in the Registry for the EU Emissions Trading System (EU ETS) and Terms and Conditions of Use referring to accounts in the Kyoto Protocol Registry due to different legal provisions.
Due to legal changes (BGBl I 2020/8) the name of the Ministry, which is responsible for emissions trading, is the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK).
International:
EU:
Current version Emission Trading Directive 2003/87/EC
Registry Regulation 389/2013/EU
Registry Regulation 2019/1122/EU consolidated on 10 September 2023
Registry Regulation 2023/2904/EU Amendment of the Registry Regulation 2019/1122/EU
National:
Current version of the Austrian Act on Emissions Allowances 2011 (Emissionszertifikategesetz 2011)(only in German)
Current version of Registerstellenverordnung (Registry Ordinance) BGBl II 2012/208 (only in German)
Terms and Conditions of Use referring to accounts in the Kyoto Protocol Registry
Glossary
EC: European Community
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