Austria's NEHG 2022 amended: double-price penalty added and trading phases through 2027 clarified
The 2026 Budget Accompanying Act (BGBl. I Nr. 62/2026) amends Austria's National Emissions Certificate Trading Act 2022 (NEHG 2022), introducing a double-price penalty for insufficient certificate surrender, formally defining two trading phases up to end-2027, and paving the way for transition to the EU-wide ETS II from 2028. All registered trading participants should review the strict 30 September submission deadline.
What changed
New §9 formally divides the national emissions trading period into two phases: an introductory phase from 1 October 2022 to 31 December 2024, and a transition phase from 1 January 2025 to 31 December 2027, after which the system merges into the EU Emissions Trading System II (ETS II) from 2028. New §32 introduces a penalty: any trading participant who fails to surrender enough national emission certificates by 30 September of each year must pay double the standard certificate price for every uncovered tonne of CO₂, and still must surrender the missing certificates the following year. The statutory exemption list for specific energy carriers (old §22) has been removed from the consolidated text.
Who is affected
Companies registered as trading participants under the NEHG 2022 — mainly fuel and energy distributors placing energy carriers on the Austrian market — are directly affected by the new penalty rule. Farmers claiming the agricultural diesel relief (Gasöl-Entlastung) should note that the applicable rate for 2022 is 4.5 cent per litre. Energy-intensive industries seeking carbon-leakage relief under §26 are also affected by related clarifications.
What to look out for
The 30 September deadline for certificate surrender is now strictly enforced: §217 of the Federal Fiscal Code (BAO), which allows discretionary waiver of surcharges, is explicitly excluded. Paying the double-price penalty does not cancel the obligation to submit the missing certificates. Companies should also plan ahead for the full transition to EU ETS II from 2028, when the national system ceases to operate.