¹ An installation operator may apply each year by 1 June in accordance with Article 40 paragraph 1 to be exempted from the obligation to participate in the ETS with effect from the beginning of the following year if the greenhouse gas emissions of the installations in the preceding three years were less than 25,000 tonnes CO₂eq per year.

^1bis An installation operator under Article 40 paragraph 2 that credibly reports that the greenhouse gas emissions of the installations are permanently less than 25,000 tonnes CO₂eq per year may apply for the exemption to the obligation to participate in the ETS with immediate effect.

^1ter An operator of reserve power plants run on gas or other energy sources that produces electricity and feeds it into the grid when the reserve is called up in accordance with the Winter Reserve Ordinance of 25 January 2023¹¹⁵ may not apply for exemptions in accordance with paragraphs 1 and 1^bis.¹¹⁶

² The installation operator must continue to submit a monitoring plan (Art. 51) and a monitoring report (Art. 52) in accordance with paragraphs 1 and 1^bis unless it has made a commitment to reduce greenhouse gas emissions in accordance with Article 31 paragraph 1 of the CO₂ Act.

³ If the greenhouse gas emissions of the installations increase to more than 25,000 tonnes CO₂eq during a year, then the operator must again participate in the ETS from the beginning of the following year. Emissions from emergency power groups and CHP plants that are caused by a reserve call for electricity production under the Winter Reserve Ordinance are not taken into account here.¹¹⁷