Fuel Regulation 2012

Original Language Title: Kraftstoffverordnung 2012

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398. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the quality of fuels and the sustainable use of biofuels (Fuel Regulation 2012)

On the basis of § § 11 (3) and (26a) (2) (2) of c and para. 3a of the Kraftfahrgesetz 1967, BGBl. No. 267, as last amended by the Federal Law BGBl. I n ° 116/2010, is being assigned in agreement with the Federal Minister for Economic Affairs, Family and Youth, the Federal Minister for Health and the Federal Minister for Transport, Innovation and Technology:

Scope

§ 1. (1) This Regulation shall apply to technical specifications for motor fuels for road vehicles, based on health and environmental aspects, for use in spark-ignition engines and compression-ignition engines, taking into account the technical specifications the requirements of these engines, as well as substitution regulations and sustainability criteria for biofuels, and set a target for the reduction of the life-cycle greenhouse gas emissions.

(2) The specifications and testing procedures for petrol and diesel fuels shall be adopted in accordance with Annexes I to IV to Directive 98 /70/EC on the quality of petrol and diesel fuels and amending Council Directive 93 /12/EEC, OJ L 206, 22.7.1993, p. No. OJ L 350 of 28.12.1998 p. 58, as last amended by Directive 2011 /63/EU, OJ L 327, 28.12.2011, p. No. OJ No L 147, 02.06.2011 p. 15.

Definitions

§ 2. For the purposes of this Regulation, the following definitions shall apply:

1.

"petrol" means any volatile mineral oil intended for the operation of spark-ignition internal combustion engines, falling within CN codes 2710 12 41, 2710 12 45, 2710 12 49, 2710 11 51 and 2710 11 59.

2.

"diesel fuels" means gas oils intended for the operation of compression-ignition internal combustion engines falling within CN code 2710 20 11 and for driving vehicles within the meaning of Directive 70 /220/EEC on the approximation of the Legislation of the Member States relating to measures to be taken against air pollution by gases from motor vehicles with spark-ignition, OJ L 327, 30.4.2004, p. No. 1, as last amended by Directive 2006 /96/EC, OJ L 327, 30.12.2006, p. No. 81., and Directive 88 /77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles, OJ L 327, 28.12.2006, p. No. 33), as last amended by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Malta, the Republic of Cyprus, the Republic of Lithuania, the Republic of Lithuania, the Republic of Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L 327, 31.12.2003, p. No. OJ L 236 of 23.09.2003 p. 33.

3.

"Liquefied Petroleum Gas" (LPG) is a mineral-oil-based gas which can be stored and handled in liquid form at low pressure at room temperature, as a fuel for the operation of combustion engines with spark ignition or ignition engines. Self-ignition shall be determined and falling within subheadings 2711 12 or 2711 13 of the Combined Nomenclature.

4.

'natural gas' means a gas mixture consisting mainly of methane, used as a fuel for the operation of combustion engines with spark-ignition or compression ignition (CNG, Compressed Natural Gas), and Subheading 2711 21 00 of the Combined Nomenclature.

5.

"Combined Nomenclature" (CN) is the nomenclature of goods in accordance with Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 327, 31.12.1987, p. No. OJ L 256 of 07.09.1987 p. 1, as last amended by Regulation (EU) No 494/2010, OJ L 344, 28.12.2010, p. No. OJ L 140, 08.06.2010 p. 19. Subheadings of the Combined Nomenclature are the Community subdivisions of the positions of this nomenclature.

6.

"Biomass" means the biodegradable fraction of products, waste and residues of agriculture with biological origin (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of waste from industry and households.

7.

"Other renewable fuels" are fuels which-without being biofuels-come from renewable, non-fossil energy sources (e.g. wind, sun, biomass, geothermal, wave and tidal energy or hydropower) and are used for the operation of Vehicle engines are determined.

8.

"energy content" means the lower calorific value of a fuel which is used in the scope of this Regulation in Annex IX is specified.

9.

"Biofuels" means liquid or gaseous fuels for transport produced from biomass. The term "biofuels" shall include, in particular, subsequent products, provided that they are used as fuel or fuel component for the operation of motor vehicle combustion engines:

a)

"Bioethanol" is a non-fermented ethanol produced from biomass with an alcohol content of at least 99% v/v.

b)

"Fatty Acid Methyl Ester" (FAME, Biodiesel) is a methyl ester derived from vegetable or animal oils or fats.

c)

"Biomethane" is a biogas produced from biomass by means of pyrolysis or fermentation and purified on the quality of natural gas.

d)

"Biomethanol" is a methanol produced from biomass.

e)

"Biodimethylether" is a dimethyl ether produced from biomass.

f)

"Bio-ETBE" (ethyl-tert-butyl-ether) is a bioethanol-based ETBE with a renewable energy content of 37%, which is attributable to the energy content.

g)

"Bio-MTBE" (methyl tert-butyl ether) is an MTBE produced on the basis of biomethanol with a renewable energy content of 22%, which is attributable to the energy content.

h)

"Synthetic biofuels" are hydrocarbons or hydrocarbon mixtures obtained from biomass in industrial processes.

i)

"Biowasserstoff" is a hydrogen produced from biomass.

j)

"Pure vegetable oil" is a chemically unmodified oil obtained by pressing out, extraction or comparable processes from oilseeds in a crude or refined form.

k)

"Superethanol E 85" are in a tax warehouse pursuant to Section 25 (2) of the Mineral Oil Tax Act 1995, BGBl. No. 630/1994, in the version of the Federal Law BGBl. I n ° 111/2010, mixtures produced in the period of 1. October to 31 March (winter half-year), have a bioethanol content of at least 65% and not more than 75% v/v and in the period from 1 April to 30 September (summer half-year) of at least 75% and not more than 85% v/v.

l)

"Hydrogenated vegetable or animal oils" (Hydrotreated Vegetable Oil-HVO) are in hydrogenation plants and/or in hydrogenation plants. Hydrocarbons produced from vegetable or animal oils or fats co-hydrogenation plants.

10.

"Substitution obligor" is the respective tax debtor in accordance with the mineral oil tax law 1995, which for the first time places petrol or diesel fuels according to Z 1 and 2 into free circulation in the Federal Republic of Germany or into the Federal territory for free circulation or used, except in the fuel tank of the vehicle.

11.

"Reporting requirements" means who, for the first time in the Federal Republic of Germany, places fuels for use in the field of transport or spends or uses fuels in the Federal territory for use in the field of transport, except in the case of the Fuel tank of the vehicle. Excluded from this are producers of biofuels in installations which are used for the self-sufficienty of agricultural holdings, to the extent that these fuels are used exclusively in agricultural holdings in the tax area.

12.

"Life cycle greenhouse gas emissions" are all CO 2 -, CH 4 -and N 2 O net emissions which may be allocated to the fuel (including all the admixed components) or to the energy carrier. This includes all relevant phases from extraction, cultivation, including land use changes, transport and distribution, to processing and incineration, regardless of where emissions occur.

13.

"Greenhouse gas emissions per unit of energy" means the total mass of fuel or energy-related greenhouse gas emissions in CO 2 -equivalent, divided by the total energy content of the fuel or the energy carrier (expressed in terms of fuel as "lower calorific value").

14.

"Provider" means who is responsible for the supply of fuel or energy at a consumption tax office.

15.

"Waste" means all wastes of biogenic origin.

16.

"Processing residue" means a substance which does not constitute one of the end products or the final product which is to be produced directly in a production process, is not the primary objective of the production process and the process is not intentional changed to create this processing backlog.

17.

"Actual value" is set out in Annex V to Directive 2009 /28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directive 2001 /77/EC and 2003 /30/EC, OJ L 197, 21.7.2001, p. No. 16, and Annex IV to Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, the saving of greenhouse gas emissions in some or all steps of a specific biofuel production process, calculated in accordance with the Annex X Method shown.

18.

"Default value" is set out in Annex V to Directive 2009 /28/EC and Annex IV to Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, which is of a typical value as set out in Annex V to Directive 2009 /28/EC and Annex IV to Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, by means of pre-determined factors derived from pre-determined factors, which may be used in place of an actual value under fixed conditions.

19.

"Certification systems" are structures that can ensure and verify the fulfilment of the requirements for compliance with the sustainability criteria, both in terms of content and organization.

20.

"control body" means an independent body in a third country which has received a certificate of professional competence and authorisation as a control body from the national accreditation body in that third country in order to carry out certain control tasks performing.

21.

"Operating condition" means a defined set of variables for a production process of biofuels, which is introduced by the companies within the framework of the registration process, and in particular the type of energy supply to the production plant, the the raw material used as well as plant and process-specific parameters such as energy consumption and energy and material flows. An operation can define several operating states in the context of the registration.

Fuel Specifications

§ 3. (1) The fuels used in wholesale or retail sales shall be in accordance with the following specifications:

1.

Petrol with a bioethanol content of not more than 5% v/v to the specifications referred to in Annex I and ÖNORM EN 228 "Fuels for motor vehicles-Unleaded petrol-requirements and test procedures" of 1. Jänner 2009;

2.

Petrol with a bioethanol content of not more than 10% v/v to the specifications referred to in Annex II ;

3.

Diesel fuels according to the specifications referred to in Annex III as well as ÖNORM EN 590 "Fuel for motor vehicles-Diesel fuel requirements and test procedures" of 1 May 2010;

4.

LPG the specifications referred to in Annex IV as well as ÖNORM EN 589 "fuels for motor vehicles-LPG requirements and test procedures" of 1 November 2012;

5.

Natural gas and biomethane and mixed products from natural gas and biomethane to the specifications referred to in Annex V ;

6.

Fatty acid methyl ester according to the specifications Annex VI as well as ÖNORM EN 14214 "Fuel for motor vehicles-fatty acid methyl ester (FAME) for diesel engines-requirements and testing procedures" of 1 November 2012;

7.

Pure vegetable oil, the specifications referred to in Annex VII ;

8.

Superethanol E 85 fuel the specifications in accordance with Annex VIII and ÖNORM C 1114 "fuels for motor vehicles-gasoline superethanol E 85-requirements and test procedures" of 1 July 2007.

Petrol and diesel fuels with a higher than that of the Z 2 and/or 3 resulting share of bioethanol or Fatty acid methyl esters may only be offered when the fuel delivery point is marked with a mark and a warning in accordance with Section 6 (3).

(2) In any case, at all petrol stations, supply lines and automatic petrol stations where petrol is placed on the market in accordance with paragraph 1 (1) (2), the suppliers shall, in any case, ensure that at least one type of petrol is subject to petrol by 31 December 2020. 1, with a maximum oxygen content of 2.7% m/m and a maximum bioethanol content of 5% v/v.

1.

This obligation shall end on 31 December 2015 in the case of delivery points on which less than 500 cubic metres of petrol have been placed on the market, on average for the two previous calendar years.

2.

Where the derogation in accordance with Z 1 is used, the conditions must be documented and, on request, proof shall be provided by appropriate supporting documents to the competent authority.

(3) The standards referred to in this Regulation are available at the Austrian Standards Institute, Heinestraße 38, Postfach 130, A-1021 Vienna.

(4) Ottofuel may be used for use in older, specially purchased vehicles (classic cars) with an additive which replaces the wear-reducing effect of lead compounds and neither an increased risk of fuel nor an increased risk of fuel consumption. harmful air pollution in the course of incineration may result in a haggling operation. The addition of the additive can be effected in the form of an individual dosage in the case of refuelling (vial form).

(5) The content of the metallic additive methylcyclopentadienyl-manganese-tricarbonyl (MMT) in fuels is from 1. January 2011 limited to 6 mg manganese per litre. From 1. Jänner 2014 is limited to 2 mg manganese per litre.

Test method for fuel specifications

§ 4. The testing of fuels to determine whether they comply with the specifications laid down in Article 3 (1) shall be carried out on the basis of the provisions set out in the Annexes.

Substitution Light

§ 5. (1) From 1. January 2009, the substitution target, based on the energy content, is 5.75%, measured on the entire fossil petrol and diesel fuel used for the first time in the Federal Republic of Germany, or spent or used in the Federal Republic of Germany. In order to achieve the overall target, at least a share of 3.4% of biofuel or other renewable fuels, as measured by the substitution obligation in the Federal Republic of Germany, shall be at least 3.4% of the energy content of the substitute. the free movement of fossil petrol or used fossil fuel per year, and a share of at least 6.3% of biofuel or other renewable fuels, as measured by the whole of the substitution in the territory of the Federal Republic of Germany Transport or use of fossil diesel fuel per year, in to transport or to use the free movement.

(2) From 1. In October 2020, the substitution target, based on the energy content, is 8.45%, measured on the entire petrol and diesel fuel used for the first time in the Federal Republic of Germany, or spent or used in the Federal Republic of Germany.

Marking

§ 6. (1) The suppliers of fuels shall ensure that the consumer is adequately informed about the biofuel content of the fuels on offer and the appropriate use of the different fuel mixtures with biofuel content . This has to be done, in particular, by the appropriate labelling of the fuel delivery points.

(2) The operators of petrol stations, supply systems and automatic tankers shall have every fuel collection point at which petrol is offered in accordance with Article 3 (1) Z 2 with a maximum bioethanol content of 10%, with the clearly visible Note "E 10" to be provided.

(3) The operators of petrol stations, supply systems and automatic tankers have every fuel collection point for petrol and diesel fuels which, with regard to their higher share of biofuels, do not meet the ÖNORMEN, as cited in § 3 (1) (1) (1) and (3). Annexes are sufficient, with a marking indicating the amount of the biofuel component and the reference " Attention! Only for vehicles with manufacturer release ".

(4) If fuels with metallic additives are delivered to the consumer, the corresponding removal points with the text "Contains metallic additives" shall be in an appropriate size in a clearly legible font in a clearly visible position. to indicate where the fuel type information is also displayed.

(5) The availability of additives for petrol for use in accordance with Section 3 (4) and corresponding labelling shall be ensured.

Reduction of greenhouse gas emissions

§ 7. (1) The reporting obligations shall have the life-cycle greenhouse gas emissions per unit of energy of their fuels or fuels used for the first time in the Federal Republic of Germany or spent on free circulation or used in the Federal Republic of Germany Use in the transport sector gradually to reduce the following quota:

6.0% up to 31 December 2020.

(2) In order to calculate the life-cycle greenhouse gas emissions of fuels referred to in paragraph 1, with the exception of biofuels and other energy sources, and to determine the basic value of the greenhouse gas reduction , the Commission shall, pursuant to Article 7a (5) (5), have the following information. a and b in conjunction with Article 11 (4) of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, with regard to the specifications relating to petrol, diesel and gas-oil fuels and the introduction of a system for monitoring and Reduction of greenhouse gas emissions used.

(3) The reduction obligation pursuant to paragraph 1 may also be fulfilled by a group of notifying persons who have to conclude a written contract for this purpose. In such a case, the notifying party to the group shall be deemed to be a single undertaking within the limits of the quantity of fuel specified in the contract for the purposes of paragraph 1.

Creditability of biofuels

§ 8. (1) Biofuels, irrespective of whether the source materials have been produced inside or outside the European Union, shall be subject to the fulfilment of the substitution obligations under § 5 and the greenhouse gas reduction obligations under § 7 , if the requirements of § 12 have been fulfilled at the time of placing on the market by the substitution person and, in this regard, a proof of sustainability according to § 13 and/or § 17.

(2) For biofuels made from waste, agricultural or forestry residues, including fisheries, or aquaculture, processing residues, non-food cellulosic material or lignocellulosic material Material shall be considered as follows:

1.

For the obligations laid down in § 5, the contribution of these biofuels to other biofuels shall be double-credited if:

a)

the starting materials have not been deliberately altered to count as waste and

b)

the process in which residues from agricultural or forestry production, including fisheries, or aquaculture, or Processing residues have not been altered in such a way that the residual substances or substances are not altered. Processing residues are produced in a larger quantity than before.

2.

For the dual calculation of biofuels for the obligations under § 5, it is necessary for each specific starting material for biofuel production of a registration and review by Umweltbundesamt GmbH. The Umweltbundesamt GmbH shall verify the existence of the conditions for the possibility of double invoing within the meaning of Article 21 (2) of Directive 2009 /28/EC.

3.

The recognition of double the offsetting of biofuels to the objectives set out in § 5 may contain a time and quantity limitation of the starting material.

(3) Energy products with a bioethanol content of less than 65% v/v, to which bioethanol-containing products are added to subheading 3824 90 97 of the Combined Nomenclature, shall not be allowed to comply with the obligations laid down in § § 5 and 7. will be credited.

Mixing of biofuels

§ 9. (1) Biofuels which meet the requirements of Article 12 and which are to be credited to the targets in accordance with § § 5 and 7 may only be mixed with biofuels which do not comply with the provisions of § 12, if by means of the Records by means of mass balance systems in accordance with § 10, a clear allocation and prosecution of the quantities of sustainable and unsustainable biofuels.

(2) Biofuels, which have been produced with different sustainability characteristics in accordance with § 12 and which are to be credited to the targets in accordance with § § 5 and 7, may only be mixed if by means of the records by means of The mass balance system in accordance with § 10 is to be fully understood to ensure that the sum of all biofuels taken from the mixture has the same sustainability characteristics in the same quantities as the sum of all biofuels which are the same as the total amount of biofuels which are to be used in the Mixture was added.

(3) The greenhouse gas reduction ratio of a mixture of biofuels shall be calculated as a weighted average of the respective greenhouse gas reduction ratios of the individual biofuels. The greenhouse gas reduction quotas may only be salted if all the quantities of biofuels which have been added to the mixture have met the requirements of § 12 before mixing.

Use of a mass balance system

§ 10. Companies that produce biofuels which are to be credited to the targets in accordance with § § 5 and 7 are obliged to ensure the complete proof of compliance with the sustainability criteria by the use of a mass balance system. The mass balance system shall contain, in particular, the following information:

1.

clear information on the allocation of bought-in starting materials or traded and sold biofuels to sellers and/or buyers enabling a clear identification of purchasers and sellers;

2.

Date of purchase and sale of biofuels or Starting materials for biofuel production;

3.

Data on the type and quantity, the harvest year and the starting materials of the starting materials;

4.

information on the sustainability of biomass used in accordance with § 12;

5.

in accordance with the provisions of Section 12 (3), a value for the greenhouse gas reduction potential of the biofuel produced, traded or used;

6.

in the case of the use of standard values in accordance with section 19 (5), a clear description of the starting material used.

Creditability of the contribution of electricity from renewable energy sources

§ 11. For the calculation of electricity used as a drive for road vehicles, the following shall apply to the greenhouse gas reduction obligation pursuant to § 7:

1.

The amount of electricity produced from renewable energy sources can be credited as a subset of the total consumption of electricity by road vehicles. For the percentage of electricity produced from renewable energy sources,

a)

to use the average share of electricity from renewable energy sources specific to Austria, or,

b)

if a higher share of electricity from renewable energy sources is actually used for road vehicles, this higher proportion may be used after a corresponding confirmation.

2.

For the calculation of the calculation of electricity from renewable energy sources consumed by road vehicles, the European Commission shall be responsible for the calculation of electricity from renewable energy sources according to Art. 7a (5) lit. (a) and b in conjunction with Article 11 (4) of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, on the basis of the procedures laid down in Directive 2011 /63/EC;

3.

The amount of electricity produced from renewable energy sources for road vehicles can only be credited if at least the greenhouse gas reduction ratios referred to in § 12 (3) are achieved.

Sustainability criteria

§ 12. (1) The sustainability criteria are the content listed in Article 17 of Directive 2009 /28/EC and in Article 7b of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, which is based on the sustainability criteria for starting materials as well as the criteria for greenhouse gas emission reductions.

(2) When using agricultural raw materials for sustainable biofuels, the requirements of the Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on agricultural starting materials shall apply to: Biofuels and bioliquids, BGBl. II No 250/2010. When using forest-based raw materials for the production of sustainable biofuels, compliance with the legislation on forestry raw materials is a prerequisite.

(3) For biofuels and other renewable fuels to be credited to the objectives set out in § § 5 and 7, the following shall apply:

1.

For biofuels produced in plants that are after the 23. In January 2008, a reduction of at least 35% of life cycle greenhouse gas emissions is considered to be applicable.

2.

For biofuels produced in plants that are before the 24. As of 1 April 2013, a reduction of at least 35% of life cycle greenhouse gas emissions is to be met by January 1, 2013.

3.

From the 1st Jänner 2017 has to be at least 50% of the reduction in the life cycle greenhouse gas emissions achieved by the use of biofuels.

4.

From the 1st January 2018 will be at least 60% the reduction of the life cycle greenhouse gas emissions for biofuels produced in plants whose production will be taken after 31 December 2016.

5.

The calculation of the savings achieved by the use of biofuels in the life cycle greenhouse gas emissions is carried out in accordance with § 19.

Proof of sustainability

§ 13. (1) The sustainability of biofuels must be proven and documented by means of proof of sustainability.

(2) Holds which produce biofuels in Austria and which are not downstream of any other holdings for the production of biofuels, and which do not exclusively use a sustainability system to ensure the sustainability of their biofuels produced In accordance with Article 17 (4), proof of sustainability may be provided for the biofuel produced, provided that:

1.

these companies have registered with the Umweltbundesamt GmbH pursuant to § 14 and

2.

with regard to the starting materials used, the following conditions:

a)

The requirements of the regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on agricultural raw materials for biofuels and bioliquids, BGBl are the requirements of the Federal Minister for Agriculture and Forestry. II No 250/2010, in particular with regard to sustainability.

b)

When using forest-based raw materials for the production of sustainable biofuels, compliance with the legislation on forestry raw materials is a prerequisite.

c)

For non-agricultural or forestry raw materials, an equivalent proof of compliance with the sustainability criteria laid down in Article 17 of Directive 2009 /28/EC and Article 7b of the Directive shall be recognised by the Umweltbundesamt GmbH. 98 /70/EC, as last amended by Directive 2011 /63/EU. This proof must, in any case, provide a clear identification of the starting material used and, if appropriate, to contain further information to be determined by the Umweltbundesamt GmbH on a case-by-case basis, which shall be used for an assessment of the Compliance with the sustainability criteria in accordance with Article 17 of Directive 2009 /28/EC and Article 7b of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU.

(3) The exhibition of sustainability certificates shall be issued at the latest upon the transfer of ownership of the goods. The sustainability certificates are to be transmitted to the Umweltbundesamt GmbH immediately after the exhibition in electronic form.

(4) The proof of sustainability in accordance with § 17 shall be provided for establishments which produce biofuels in other Member States or third countries.

(5) In the case of biofuels produced from waste or residues, other than agricultural or forestry residues and residues from fisheries and aquaculture, the proof of compliance with the Sustainability criteria for the starting materials.

(6) Sustainability evidence shall contain at least the following information:

1.

the name and address of the issuing establishment, which produces biofuels;

2.

an indication as to whether the installation concerned is up to and including 23. January 2008 or later, or after 1. Jänner 2017 has been put into operation,

3.

the date of the exhibition,

4.

a clearly identifying number,

5.

the registration number or information provided by the Umweltbundesamt GmbH concerning the inspection body which has confirmed the proof of sustainability and/or the indication of a voluntary system in accordance with Article 18 (4) of Directive 2009 /28/EC and Art. 7c (4) of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, and/or information on the taking into account of the provisions of Article 17 (7) of Directive 2009 /28/EC and Article 7b (7) of Directive 98 /70/EC, as last amended by the Directive 2011 /63/EU,

6.

the quantity and nature of the biofuels to which the sustainability certificate relates,

7.

a confirmation of compliance with the provisions of this Regulation; and

8.

Information on

a)

Species, quantity, year of harvest and growing countries or the countries of origin of the starting materials used,

b)

Life-cycle greenhouse gas emissions in grams of CO 2 -Equivalent per megajoule biofuel (g CO 2 eq/MJ) in the form of a standard value or an actual value,

c)

for biofuels not listed in Annex IX, the energy content in megajoules,

d)

the name and address of the purchaser of the biofuels,

e)

Emissions from carbon stock changes as a result of changes in land use in accordance with Annex X Z 7: e I less than or equal to zero,

f)

Information as to whether the bonus referred to in Annex V, Part C Z 7 and 8 of Directive 2009 /28/EC and Annex IV, Parts C Z 7 and 8 of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, in the calculation of greenhouse gas emissions in accordance with Annex V, part C Z 1 of Directive 2009 /28/EC and Annex IV, Part C Z 1 of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, has been invoked,

g)

Information as to whether the factor for emission savings caused by accumulation of carbon in Annex V, Part C, Z 1 of Directive 2009 /28/EC and Annex IV, Part C, Z 1 to Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, in the Soil has been invoked as a result of better agricultural management practices,

and

9.

in the case of double the creditability of biofuels in accordance with Article 8 (2)

a)

information on the type, quantity and countries of origin of the starting materials used; and

b)

the confirmation of registration at the Umweltbundesamt GmbH pursuant to § 8 (2).

(7) Sustainability records shall be issued in accordance with the model published by the Umweltbundesamt GmbH.

(8) For sustainability certificates, the following shall apply:

1.

The Umweltbundesamt GmbH provides for partial quantities of biofuels produced in Austria or imported into Austria, for which a proof of sustainability has already been issued, at the request of the holder of the sustainability certificate. Sustainability partial proofs. The applicant has to undergo a simplified registration in advance in accordance with Section 14 (6). The sustainability certificates will be issued after presentation of the sustainability certificate, which is to be divided into partial documents. The number of the original sustainability certificate is to be cancelled, the sustainability certificates have to be given new numbers, which have to appear with the original sustainability number on the new sustainability certificates.

2.

The content of the sustainability certificates shall be in accordance with paragraph 6.

Registration

§ 14. (1) Companies that produce biofuels and which issue sustainability certificates in Austria can register with the Umweltbundesamt GmbH. Within the framework of the registration, the Umweltbundesamt GmbH will examine the fulfilment of the requirements of the establishment for the exhibition of sustainability certificates for the defined operating conditions that have been introduced by the company.

(2) Part of the registration is a training of the companies which is to be carried out by the Umweltbundesamt GmbH.

(3) With the registration, each establishment receives a unique registration number for the operating states introduced by the company and checked by the Umweltbundesamt GmbH, which is to be carried out on the issued sustainability certificates. From the receipt of a registration number, this establishment is able to issue sustainability certificates for the defined manufacturing processes that have been verified within the framework of the registration.

(4) Holders shall immediately renew the registration if one of the following circumstances occurs:

1.

A registration for further operating states is to be carried out.

2.

One of the following changes shall be made for the fulfilment of the obligation pursuant to Section 12 (3):

a)

The default value used is changed as a result of a change in the manufacturing process compared to the first registration.

b)

The use of a default value is converted to the calculation of an actual value.

c)

The actual value used is changed as a result of a change in the manufacturing process compared to the first registration.

3.

Other significant changes occur in the manufacturing process with respect to compliance with the sustainability criteria as compared to the initial registration.

(5) Changes in accordance with paragraph 4 and changes concerning company data shall be brought to the attention of the Umweltbundesamt GmbH in a sufficiently documented form without delay in writing. On the basis of the documents submitted, the Umweltbundesamt GmbH has to examine the changes in relation to the first registration and, if the conditions of the holding are fulfilled, the registration of the holding company for the exhibition of sustainability certificates to confirm. If the conditions are not fulfilled, the registration will be issued.

(6) Holes producing biofuels in Austria and demonstrating the sustainability of their entire produced biofuels exclusively with a sustainability system in accordance with § 17 (4), as well as establishments that do not produce biofuels but biofuels have to be subjected to a simplified registration at the Umweltbundesamt GmbH. Part of the simplified registration is a training of the companies which is to be carried out by the Umweltbundesamt GmbH. With the simplified registration, each operation will receive a unique registration number. Changes concerning company data shall be brought to the attention of the Federal Environment Agency GmbH in a sufficiently documented form without delay in writing.

(7) The Umweltbundesamt GmbH has a list of registered companies to lead and publish.

Recognition of certification systems

§ 15. (1) The recognition of certification systems for the production of biofuels in third countries is carried out by Umweltbundesamt GmbH. The application for the recognition of a certification scheme for the production of biofuels shall include:

1.

The application is to be submitted in German or English.

2.

The application shall contain the following minimum particulars:

a)

the name of the natural or legal person applying for an application, and the address in a Member State of the European Union or in a State Party to the Agreement on the European Economic Area; and

b)

the control bodies that use this certification system.

3.

Proof of compliance with the requirements of Article 17 of Directive 2009 /28/EC and in accordance with Article 7b of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, has been submitted by the Federal Environment Agency (Umweltbundesamt) GmbH appropriate documents.

(2) The application for recognition for the respective certification system may be granted either in full or in part as a provisional recognition.

(3) In the event of a restriction to certain types of biofuels, the recognition must be stated and the States for which the certification scheme is recognised in Austria should be indicated.

(4) The recognition of a certification system takes place at most for a period of twelve months and may be extended for a maximum of twelve months on request, provided that the control by the Umweltbundesamt GmbH is positively concluded has been made.

(5) Any substantial change in a certification system requires a new recognition by the Umweltbundesamt GmbH.

(6) The Umweltbundesamt GmbH has to publish the certification systems from third countries recognised in Austria.

Recognition of inspection bodies

§ 16. (1) The recognition of inspection bodies in third countries in which no certification system operates shall be carried out by Umweltbundesamt GmbH. Within the framework of the recognition, the Umweltbundesamt GmbH shall verify that the inspection body meets the essential requirements for the exercise of surveillance activities in accordance with Regulation (EC) No 882/2004 on official controls to verify compliance with of food and feed law, animal health and animal welfare rules, OJ L 327, 30.4.2004, p. No. OJ L 165 of 30.04.2004 p. 1, as last amended by Regulation (EC) No 1162/2009, OJ L 327, 30.11.2009, p. No. 10. with regard to compliance with the sustainability criteria.

(2) The application for recognition of a supervisory authority shall be made in German or English and a confirmation of the professional competence and authorisation as a national supervisory authority shall be issued by the national accreditation body in this Third country to be included.

(3) The supervisory authority shall have a competent address in a Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area.

(4) The recognition of a supervisory authority shall be maximum for a period of twelve months and may, upon request, be extended by a maximum of another twelve months, provided that the control by the Umweltbundesamt GmbH has been positively concluded.

(5) The publication of the recognized inspection bodies from third countries in Austria shall be made by the Umweltbundesamt GmbH.

Recognition of sustainability certificates from other Member States and third countries

§ 17. (1) Sustainability records originating in other Member States of the European Union shall be recognised by the Federal Environment Agency after examination by the Federal Environment Agency if it is provided by the body designated by the Authority, which shall be designated in that Member State for: the record is responsible for the detection of the test.

(2) Sustainability records originating from third countries shall be recognised by the Federal Environment Agency after verification by the Federal Environment Agency if compliance with the sustainability criteria in accordance with Article 17 of Directive 2009 /28/EC and under Art. 7b of the Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, by certification systems recognised by the German Federal Environment Agency (Umweltbundesamt GmbH). If a certification system is not active in a third country, compliance with the sustainability criteria can be demonstrated by inspection bodies if they are recognized by the Umweltbundesamt GmbH according to § 16.

(3) Sustainability records originating in third countries and which, in accordance with a decision of the European Commission pursuant to Article 18 (4) of Directive 2009 /28/EC and Article 7c (4) of Directive 98 /70/EC, as last amended by the Directive 2011 /63/EU, on the basis of a contract concluded by the European Union with a third country, the sustainability criteria in accordance with Article 17 of Directive 2009 /28/EC and Article 7b of Directive 98 /70/EC, as last amended by the Directive 2011 /63/EU, shall be recognised by the Federal Environment Agency after examination by the Federal Environment Agency.

(4) Sustainability evidence provided for in a decision of the European Commission pursuant to Article 18 (4) of Directive 2009 /28/EC and Article 7c (4) of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, on a voluntary basis National or international schemes comply with the sustainability criteria in accordance with Article 17 of Directive 2009 /28/EC and Art. 7b of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, have been examined by the Federal Environment Agency GmbH of this.

(5) The Umweltbundesamt GmbH has to publish the sustainability certificates recognized in Austria.

Review and control

§ 18. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be entitled to control compliance with the provisions of this Regulation. The Federal Minister for Agriculture, Forestry, Environment and Water Management can use the principles of austerity, economic efficiency and expediency of the Umweltbundesamt GmbH, which are based on the principles of the German Federal Ministry of Agriculture, Forestry, Environment and Water Management in accordance with § 6. of the Environmental Control Act (UKG), BGBl. I No 152/1998, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 64/2002.. In this case, the result of the audit is to be submitted in the form of a short report to the Federal Minister for Agriculture, Forestry, Environment and Water Management. The authority of the Federal Minister for Agriculture, Forestry, Environment and Water Management remains unaffected.

(2) Checks on compliance with the provisions in accordance with § 3 shall be carried out at random in accordance with Article 8 of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU.

(3) For the following risk-based and sample-based specific checks, the following shall apply:

1.

Checks regarding compliance with the provisions of § § 5 and 7 shall be carried out, in particular, on the basis of the reports in accordance with § 20. Checks on compliance with the obligations of the substitution and reporting obligations may also be carried out on the premises of those undertakings.

2.

Checks regarding compliance with the provisions of § § 9, 10 and 12 shall be carried out at the premises on site. If, in the course of the review, deficiencies in the monitoring of compliance with the provisions are identified, the appropriate establishment shall be required to remedy them within a reasonable time and to remedy the deficiencies after a new one Control. In the event of a severe defect by which compliance with the sustainability criteria is no longer ensured, no sustainability certificates may be issued until the time of the defect survey. The non-collection of identified defects may result in a temporary or permanent withdrawal of the registration.

3.

The monitoring of the data transmitted in accordance with § 20 shall be carried out with the reporting agents on site.

(4) The review of approved certification systems and inspection bodies for biofuels imported from third countries shall be carried out once a year. If the conditions for further admission are not met, the recognition of certification systems or certification systems shall be deleted. Inspection posts and thus the further recognition of the sustainability certificates they have issued.

(5) The substitutes and reporting agents to be checked shall provide the information necessary for the control activity, grant access to the records, printouts, copies or records free of charge at the request of the person responsible for the inspection. To be provided and to allow access to the premises. The monitoring activity shall be carried out in an appropriate manner during the operating hours.

Calculation of life-cycle greenhouse gas emissions of biofuels

§ 19. (1) The savings achieved by the use of biofuels in the greenhouse gas emissions of life cycle greenhouse gases shall be calculated

1.

using a default value if

a)

such a value as referred to in Annex V, Part A, or Part B of Directive 2009 /28/EC, and Annex IV, Part A, or part B of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, for greenhouse gas emission savings for the production route , and

b)

according to Annex X 7 calculated value for these biofuels is less than or equal to zero;

2.

using one in accordance with the Annex X the calculated actual value or

3.

using one as the sum of those in the formula Annex X (1) the disaggregated default values referred to in Annex V, Part D of Directive 2009 /28/EC, and Annex IV, Part D, of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, partly the in accordance with the methodology of Annex X calculated actual values can be used.

(2) The values published by the Umweltbundesamt GmbH shall be used for the basic specific assumptions and factors necessary for the calculation of actual values of life-cycle greenhouse gas emissions.

(3) The default values as set out in Annex V, Part A, and Part D of Directive 2009 /28/EC, and Annex IV, Part A, and Part D of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, shall apply only if the value e I the calculation method defined in accordance with Annex X is less than or equal to zero and the corresponding starting materials

1.

be grown outside the European Union, or

2.

in the European Union in areas where, for regions at least level 2 of the "Nomenclature of Territorial Units for Statistics (NUTS)", the typical greenhouse gas emissions from the cultivation of agricultural raw materials not exceeding the standard values for cultivation in accordance with Annex V, Part D of Directive 2009 /28/EC, and Annex IV, Part D of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, or

3.

wastes or residues other than agricultural residues and residual substances from aquaculture or fisheries.

(4) For biofuels which are not covered by paragraph 3, actual values or the values published in the statement sheet of the agricultural market Austria or the values published by the Umweltbundesamt GmbH shall be used for the emission calculations.

(5) The valid list of default values as set out in Annex V, Part A, Part B, and Part D of Directive 2009 /28/EC, and Annex IV, Part A, Part B, and Part D of Directive 98 /70/EC, as last amended by Directive 2011 /63/EU, shall be replaced by the following: Umweltbundesamt GmbH to publish.

Reporting obligation

§ 20. (1) Reporting agent is

1.

the notifiable person,

2.

the establishment, which has issued or passed on sustainability certificates in the current calendar year.

(2) For the reporting agents referred to in paragraph 1 (1), the following shall apply:

1.

Each year, they shall submit a report to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, which shall contain, in particular, the following information:

a)

proof of the quantities of all liquid and gaseous fossil fuels and energy sources used or used by him in free circulation, for use in the transport sector, with the indication of the countries of origin and the type of work,

b)

proof of the quantities of all liquid and gaseous biofuels put into free circulation or used by it, separately in accordance with the quantities which meet the requirements laid down in § 12 and which do not meet the requirements laid down in § 12 , as well as the demonstration of other renewable energy sources for use in the transport sector, indicating the countries of origin and the number of persons in employment,

c)

proof that the renewable energy to be calculated in accordance with § § 5 and 7 corresponds to the criteria in accordance with § 12, as well as a tabular listing of the individual sustainability certificates and the data contained therein for the first time In the territory of the Federal Republic of Germany, the free movement of biofuels or biofuels used or used for free circulation in the territory of the Federal Republic of Germany

d)

the level of the life-cycle greenhouse gas emissions of each individual fuel and energy carrier placed on the free circulation or used for use in the transport sector per unit of energy and the specific sum value, in accordance with the relevant Shares in the total quantity in the reporting year concerned.

2.

If the reduction obligation pursuant to Article 7 (3) is fulfilled by a group, the relevant contract shall be annexed to the report.

3.

The respective proofs have for the period of a calendar year commencing with 1. January 2013 at the latest on 1 May of the following year at the Federal Minister for Agriculture, Forestry, Environment and Water Management in electronic form.

4.

The forms to be used are to be published by Umweltbundesamt GmbH.

(3) For the reporting agents referred to in paragraph 1, the following shall apply:

1.

The Federal Minister for Agriculture, Forestry, the Environment and Water Management (Federal Minister for Agriculture, Forestry, Environment and Water Management) presented a tabular listing of the individual and traded individuals for the period of one quarter at the latest on the last month of the month following the following month. To transmit sustainability certificates and the data contained therein in electronic form.

2.

The forms to be used are to be published by Umweltbundesamt GmbH.

Cost replacement

§ 21. The Umweltbundesamt GmbH can raise a reasonable cost for the following activities from the companies, control centres and certification systems:

1.

Registration or Amendment of the registration of farms producing biofuels or containing biofuels for the purpose of continuing trade (§ 14);

2.

Recognition of certification systems (§ 15);

3.

recognition of inspection posts (§ 16);

4.

Review and control (§ § 13, 17, 18);

5.

Registration and approval of biofuels from waste and residues, which are to be counted twice on the substitution target pursuant to § 5 (Section 8 (2)).

Transitional provisions

§ 22. (1) The registration of an operation at the Umweltbundesamt GmbH shall be considered as provisional registration. Until the final registration number has been issued, the establishments will receive a provisional registration number from the date of existence of a registration system, the validity of which shall expire one year after the first exhibition, but no later than 31 March 2013.

(2) The requirements of § § 8 (1) and (2), 10, 12 (3), 13 (3) and (4), 20 (2) (2) (1) (lit) are required for the creditability of biofuels to the objectives according to § § 5 and 7. (c) and d a month after the entry into force of the Regulation

Entry into force and external force

§ 23. This Regulation shall enter into force at the end of the day of its operation and, at the same time, the Fuel Regulation 1999 shall enter into force, BGBl. II No 418, as amended by the BGBl Regulation. II No 168/2009, except for force. Excluded from this is § 6a (5), (1) and (2), which remains in force until 31 December 2012.

Implementation of Union law

§ 24. This Regulation shall:

1.

Directive 2009 /28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directive 2001 /77/EC and 2003 /30/EC, OJ L 197, 21.7.2009, p. No. OJ L 140, 05.06.2009 p. 16, and

2.

Directive 98 /70/EC on the quality of petrol and diesel fuels and amending Council Directive 93 /12/EEC, OJ L 80, 23.3.1998.. No. OJ L 350 of 28.12.1998 p. 58, as amended by Directive 2009 /30/EC, OJ L 136, 31.5.2009, p. No. OJ L 140, 05.06.2009 p. 88,

3.

Directive 2011 /63/EU amending Directive 98 /70/EC of the European Parliament and of the Council on the quality of petrol and diesel fuels for the purpose of adapting to technical progress, OJ L 327, 28.11.2011, p. No. OJ L 147, 02.06.2011 p. 15

.

Berlakovich