¹ On request, a CHP plant operator with a reduction obligation shall be refunded 60 per cent of the CO₂ levy on fuel used for electricity production in accordance with Article 32a of the CO₂ Act if:²⁷²

a.

one or more CHP plants each have a rated thermal input of at least 0.5 MW and no more than 20 MW;

b.

one or more CHP plants produced an additional 1.22GWh per year of fossil fuel electricity per year compared to 2012; and

c.²⁷³

the additional electricity produced was used outside the plants.

² It is entitled to the refund of the remaining 40 per cent of the CO₂ levy on the fuels used for electricity production in accordance with Article 32a of the CO₂ Act if:²⁷⁴

a.

it allocates this amount to the measures set out in Article 31a paragraph 2 of the CO₂ Act;

b.

the measure effectively serves to increase energy efficiency;

c.²⁷⁵

it does not implement the measures in another plant whose operator is subject to a reduction obligation or is participating in the ETS;

d.

it does not claim the effect of the measures elsewhere;

e.²⁷⁶

it implements the measures by 2021;

f.

it regularly reports to the FOEN in accordance with Article 72; and

g.

it notifies the FOEN of any derogations from the investment obligation in accordance with letter a with reasons and details of the planned corrective measures.

³ On application, the FOEN may extend the period referred to in paragraph 2 letter e by two years.