Legislation

Links and downloads of laws and ordinances relevant to emissions trading

Almost all national legislation texts are now available free of charge from the Federal Ministry of Justice website www.gesetze-im-internet.de (in German only) where the current version can be downloaded. An update service ensures that links to all regulations published in part 1 of the Bundesgesetzblatt (Federal Gazette) are updated and available for six months after coming into force.

A read-only version of the Bundesgesetzblatt is also available free of charge from www.bundesanzeiger.de (in German only). All editions of Bundesgesetzblatt part I (BGBl. I) are available from 1998 and from 2002 for Bundesgesetzblatt II (BGBl. II). Under the heading Fundstellennachweis you will find an index of all valid Federal legislation.

EU Legislation

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Burden-Sharing

Burden-sharing is a Europe-wide agreement made in 1998 by the then 15 member states (EU-15) that the common pledge to reduce emissions made in the Kyoto Protocol would be met by member states by setting their individual reduction targets.
(Council Decision 2002/358/EC, 25 April 2002)

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EC Emissions Trading Directive

The EC Emissions Trading Directive is the basis of a common emissions trading scheme between EU member states, giving detailed specifications.

Downloads:

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Auctioning Regulation

The European Commission's regulation No 1031/2012 defines the timing and the administrative procedures as well as other aspects of auctioning greenhouse gas emission allowance according to Directive 2003/87/EG. The regulation was amended by Commission Regulation No 1210/2011 and applies to the allocation by auctioning of certificates that have to be submitted in the trading periods by 01/01/2013 according to chapter II (aviation activities) of the Directive 2003/87/EG and according to chapter III (installations) of the named Directive.

Download:

Further information:

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EC Registry Regulation

The EC Registry Regulation is the legal basis of a standardised EU-wide registry system, specifying its functions and the technology used.

The following two Registry Regulations will be effective in parallel until the middle of 2013 approximately. The Regulation No. 920/2010 is especially aimed at allowances of the trading period 2008-2012 whereas the Regulation No. 1193/2011 aims at allowances created from 2013 onwards. In the middle of 2013 a new Registry Regulation will come into effect, which will then replace 1193/2011 and amend some points in 920/2010.

Downloads:

The Regulation No 389/2013 is in force since 03/05/2013 and suspends the Regulation No 1193/2011 immediately and the Regulation No 920/2010 by 01/10/2013.

Other documents:

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COM Monitoring and Reporting Guidelines

The COM Monitoring Guidelines define the greenhouse gas emissions monitoring and reporting procedures.

Downloads:

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Linking Directive

The Linking Directive links the internationally agreed pledges regarding project-based mechanisms from the Kyoto Protocol to the EU Emissions Trading Scheme, thus enabling not only the signatory states of the Kyoto Protocol, but also companies to take part in JI and CDM schemes and set off credits from those projects in emissions trading.

Download:

  • Linking Directive (Directive 2004/101/EG by the European Parliament and the Council of 27 October 2004)

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National Legislation

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Act to amend the legislative Foundation of Emissions Trading for the 2008 – 2012 Allocation Period

An amendment of the legislative foundation of emissions trading was needed to prepare for the 2008 – 2012 trading period. The Act to amend the legislative Foundation of Emissions Trading for the 2008 – 2012 Allocation Period came into force on the 11/08/2007.

The above-mentioned act is an omnibus combining all relevant articles.

  • Allocation Act 2012 (Article 1)
  • Amendments to the German Greenhouse Gas Emission Allowance Trading Act (Article 2)
  • Amendments to the Project Mechanisms Act (Article 3)

The Allocation Act 2012 is based on the National Allocation Plan 2008-2012 (NAP II), decided upon by the Federal Cabinet of Ministers on 28/06/2006 and submitted to the EU Commission for approval.

Download (only available in German):

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TEHG - German Greenhouse Gas Emission Allowance Trading Act

The German Greenhouse Gas Emission Allowance Trading Act implements the EU Directive on the European Emissions Trading Scheme at a national level.

German Greenhouse Gas Emission Allowance Trading Act (TEHG) - consolidated version (only available in German)

Downloads (some are only available in German):

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NAP – National Allocation Plan

The National Allocation Plan sets out the total number of CO2 emissions allowances to be allocated for the relevant trading period. It also defines the allocation rules.

Downloads:

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Data Collection Ordinance 2012 (DEV 2012)

According to the National Allocation Plan II (NAP II) for the second trading period, emission allowance allocations for existing installations should be calculated by using the mean CO2 emissions between 2000 and 2005 (baseline period). This is why the Data Collection Ordinance 2012, passed by the federal cabinet, stipulates to collect the data for the calculation of CO2 emissions that have not been provided by companies yet. At the sam time they provide the basis for the 2008-2012 allocations.

Download (only available in German):

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Data Collection Ordinance 2020 (DEV 2020)

Ordinance on the collection of data for the inclusion of aviation and additional activities in the Emissions Trading Scheme

Downloads:

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Emissions Trading Auctioning Ordinance 2012 – EHVV 2012

The Emissions Trading Auctioning Ordinance defines the competent authority and regulates the procedure of the auctioning of emission allowances.

Downloads:

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ZuG – Allocation Act

The Allocation Act of a trading period is compiled on the basis of the relevant NAP, setting out targets for CO2 emissions as well as defining rules for the allocation and issuing of emission allowances.

Downloads (some are only available in German):

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ZuV – Allocation Ordinance

The Allocation Ordinance specifies in detail how the number of allowances allocated should be calculated and what documentation the applicant must provide. It also specifies how an application should be assessed within the framework of the TEHG.

Downloads (only available in German):

  • 2007 Allocation Ordinance ZuV 2007 (Verordnung über die Zuteilung von Treibhausgas-Emissionsberechtigungen in der Zuteilungsperiode 2005 bis 2007 vom 31. August 2004)
  • 2012 Allocation Ordinance ZuV 2012 (Verordnung über die Zuteilung von Treibhausgas-Emissionsberechtigungen in der Zuteilungsperiode 2008 bis 2012 vom 18. August 2007)
  • Print Version 2012 Allocation Ordinance (courtesy of the Federal Ministry of Justice)

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EHKostV – Emissions Trading Cost Ordinance

The Emissions Trading Cost Ordinance contains regulations concerning fees charged for the relevant period by the German Emissions Trading Authority at the Federal Environment Agency. Legal provisions for the Cost Ordinance are found in TEHG section 22 and ZuG 2007 section 23.

Downloads (only available in German):

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ProMechG – Project Mechanisms Act

The Project Mechanisms Act provides the legal basis for the management of CDM and JI projects, thus implementing the EU Linking Directive on emissions trading.

Downloads:

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ProMechGebV – Project Mechanisms Act Fee Ordinance

The Project Mechanisms Act Fee Ordinance contains regulations regarding the fees charged by the German Emissions Trading Authority for official acts in compliance with ProMechG.

Download (only available in German):

Date: 16/05/2013

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Contact

Postanschrift

Umweltbundesamt
Deutsche Emissionshandelsstelle

14191 Berlin

Telephone, fax and e-mail

Phone: +49 (0)30 8903-5050
Fax: +49 (0)30 8903-5010
E-mail: emissionshandel@dehst.de
Homepage: http://www.dehst.de