¹ On request, an operator of fossil-thermal power plants shall be refunded the difference between the CO₂ levy on thermal fuels paid and the minimum price in accordance with Article 17 of the CO₂ Act.

² Fossil-thermal power plants are installations that produce either solely electricity or also heat simultaneously from fossil energy sources:

a.

that are participating in the ETS for the first time after the amendment of 13 November 2019 comes into force;

b.

that have a total output of at least one MW and an overall efficiency of less than 80 per cent;

c.

that sell electricity to third parties;

d.

that are operated at a location for at least two years or for more than 50 hours per year;

e.

that are not used exclusively for the research, development and testing of new products and processes; and

f.

that are not used primarily for the disposal of municipal or special waste in accordance with Article 3 letters a and c respectively ADWO²⁷⁸.

³ In the evaluation of external costs in accordance with Article 17 of the CO₂ Act the FOEN takes into account the current state of scientific knowledge in particular.

⁴ Operators of fossil-thermal power plants shall submit the refund application to the FOEN by 30 June for the attention of the implementation authorities. The application must contain the prices for the purchase of emission allowances in the preceding twelve months. The relevant documents must be attached.

⁵ If the operator does not submit any verifiable information on the amounts paid, a value of zero francs shall be assumed.²⁷⁹