Formal requirements for documents

Basic requirements

The issue date of the documents and the date of the certification or legalisation of the notarised copy of the valid identity document must not be more than three months prior to the date of application. The date of issuance for identity documents without an expiry date must not be more than 10 years ago.

 The following documents, to be provided for different types of accounts, are exempt from the rule for the date of issue: greenhouse gas emission permit (for operator holding accounts), monitoring plan (for aircraft operator holding accounts) and certificate of registration as a legal entity (for person holding accounts in the National Kyoto Registry).

You have to send the original documents or notarised copies by post to the Austrian Emissions Trading Registry.

Electronic documents with official signatures as well as documents for which the certification note is made by means of an electronic notarial certification signature  have to be sent by e-mail in original.

Authentication, legalisation

Authentications must be performed by a notary public or by another person having a similar function (for example a court) who has been nominated by the National Administrator.

Documents and certificates which have not been issued in Austria have to be legalised (= authenticated).

Certificates emanating from one of the member countries of the Hague Convention of Legalisation must have an (electronic) Apostille.

An (electronic) Apostille is not required if an intergovernmental agreement about the mutual recognition of official legal documents exists between Austria and the country where the document has been issued.

Certificates from countries that are not members of the Hague Convention first have to fulfil the national authentication requirements in the country of origin. Then they need to be authenticated correctly by the competent Austrian representation in the country where the documents have been issued (note of authentication). Only then can the certificate be recognised.

Translation of documents written in a foreign language

The Austrian emissions trading registry accepts documents in German and English. Documents written in any other language must be submitted with a German or an English translation attached.

The translation has to be prepared by a sworn translator who has been publicly appointed by a national court or by another administrative body (for example Ministry of Justice).

Please note:

  • Documents have to be legalised before they are translated
  • Attestation clauses and seals/stamps need to be translated
  • The translation must be inextricably linked to the authenticated document

To avoid the risk of a foreign translation not being recognised because of the very different selection criteria for translators in different countries, the Austrian emissions trading registry strongly advises that translations should be prepared by suitably qualified and approved translators in Austria.

By clicking on the following links, you will find access to two websites that may be useful to you when you are trying to find a suitable translator in Austria:

Datenbank der Gerichtssachverständigen und Gerichtsdolmetscher des Bundesministeriums für Justiz gemäß § 3b Abs. 1 SDG (only in German)

Austrian Association of Certified Court Interpreters (only in German)

Please note that the legalised document and the translation submitted to the Registry must be the originals (not copies).

Certification and translation of documents issued outside Austria

Regulation (EU) 2016/1191 (promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012), which came into effect in 2019, exempts certain public documents issued by the authorities of Member States that have to be presented to the authorities of another Member State from legalisation or similar formalities, and contains provisions on the simplification of other formalities.
 
This applies to the following documents issued by the authorities of an EU Member State and presented to the Austrian Emissions Trading Registry for the opening of an account and for updating account details:

  1. Proof of identity: copy of a passport or identity card, certified as a true copy by a notary public
  2. Document confirming address of permanent residence
  3. Criminal record certificate

For the above-mentioned documents, an (electronic) apostille or any other form of legalisation is no longer necessary.

Documents issued in an EU Member State that have been prepared in a language other than German or English do not require a translation by a translator (sworn to a national court or administrative body, for example Ministry of Justice, and publicly appointed by them as an officially recognised translator) if these documents are accompanied by a standard form that has been completed and attached by the authority that has issued the public document, in accordance with the conditions set out in Regulation (EU) 2016/1191. This also applies to the above-mentioned documents.

The following link can be used to download Regulation (EU) 2016/1191:

Regulation (EU) 2016/1191

The Regulation does not apply to documents from third countries (outside the EU).