Fuel Regulation 2012

Original Language Title: Kraftstoffverordnung 2012

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997135/kraftstoffverordnung-2012.html

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398th Ordinance of the Federal Minister for agriculture and forestry, environment and water management on the quality of fuels and the sustainable use of bio-fuels (fuel regulation 2012)

On the basis of § § 11 par. 3 and 26a para 2 lit. c and paragraph 3a of the force driving Act 1967, BGBl. No. 267, as last amended by Federal Law Gazette I no. 116/2010, is in agreement with the Federal Minister of economy, family and youth, which prescribed Federal Minister for health, as well as the Federal Minister for transport, innovation and technology:

Scope

§ 1 (1) in this regulation be based technical specifications for fuels for road vehicles to be used on health and environmental aspects set in spark-ignition engines and compression-ignition engines under consideration of technical requirements of these engines as well as substitution rules and sustainability criteria for biofuels and set a goal for reducing life cycle greenhouse gas emissions.

(2) the specifications and test methods for petrol and diesel fuels are 98/70/EC in accordance with the annexes I to IV of the directive on the quality of petrol and diesel fuels and amending Directive 93/12/EEC of the Council, OJ No. L 350 of the 28.12.1998 S. 58, as last amended by the directive of 2011/63/EC, OJ Set no. L 147 of the 02.06.2011 p. 15.

Definitions

§ 2. For this regulation, the following definitions shall apply:



1. 'Petrol' is each volatile mineral oil that is intended for the operation of vehicle internal combustion engines with spark ignition and falls under the CN codes 2710 12 41, 2710 12 45, 2710 12 49, 2710 11 51 and 2710 11 59.

2. "Diesel fuels" are gas oil intended for the operation of vehicle internal combustion engines with ignition and under CN code 2710 20 11 and vehicles within the meaning of Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures against the pollution of the air by gases from motor vehicles with spark-ignition, OJ No L 76 of the 06.04.1970 p. 1, as last amended by Directive 2006/96/EC, OJ No. L 363 of 20.12.2006, p. 81, and 88/77/EEC on the approximation of the laws of the Member States relating to measures against the emission of gaseous pollutants from diesel engines for use in vehicles OJ No. L 36 of the 09.02.1988 p. 33, as last amended by the 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 Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the treaties constituting the European Union, OJ No. L 236 of the 23.09.2003, p. 33, be used.

3. "LPG" (LPG, liquefied petroleum gas) is a stocky petroleum gas that can be stored at room temperature at low pressure in a liquid form and handled as fuel for the operation of vehicle internal combustion engines with spark-ignition or compression-ignition is determined and falls under the subheadings 2711 12 or 2711 13 of the combined nomenclature.

4. "Natural gas" is a gas mixture which consists for the most part from methane as fuel for the operation of vehicle internal combustion engines with spark ignition or compression ignition in summarized form (CNG, compressed natural gas) is used, and under the subheading 2711 21 00 of the combined nomenclature falls.

5. "combined nomenclature (CN) is the nomenclature of products pursuant to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the common customs tariff, OJ No. L 256 of the 07.09.1987 p. 1, as last amended by Regulation (EC) No. 494/2010, OJ No. L 140 of the 08.06.2010 p. 19. Subheadings of the combined nomenclature are the community divisions of positions of this nomenclature.

6. "Biomass" is the biodegradable part of products, waste and residues of agriculture with organic origin (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable part of industrial and municipal waste.

7. "Other renewable fuels" are fuels, which come without biofuels - renewable, non-fossil energy sources (E.g. wind, Sun, biomass, geothermal, wave and tidal energy, or hydropower) and are intended for the operation of vehicle engines.

8 "Energy content" means the lower calorific value of a fuel that is specified for the scope of this regulation in annex IX.

9. "Biofuels" are liquid or gaseous fuel for transport produced from biomass. Under the term "Biofuels" covered in particular the following products, provided that they are used as fuel or fuel of operation of vehicle internal combustion engines: a) "Bioethanol" is an Undenatured ethanol produced from biomass, with an alcohol content of at least 99% v/v.

(b) "Fatty acid methyl ester" (biodiesel FAME) is a methyl ester produced from vegetable or animal oils or fats.

(c) "Biomethane" is a manufactured from biomass through pyrolysis or fermentation and purified to natural gas quality biogas.

(d) "Biomethanol" is a methanol produced from biomass.

(e) "Biodimethylether" is a dimethyl ether produced from biomass.

(f) "Bio-ETBE" (ethyl tertio butyl-ether) is an ETBE produced on the basis of bioethanol with a qualifying share from renewable energy sources by 37% related to the energy content.

(g) "Bio-MTBE" (methyl tertio butyl-ether) is an MTBE with a qualifying share from renewable energy by 22% related to the energy content produced on the basis of Biomethanol.

h) "Synthetic biofuels" are extracted hydrocarbons or hydrocarbon mixtures from biomass in industrial processes.

(i) "Biohydrogen" is hydrogen produced from biomass.

(j) "Pure vegetable oil" is a produced through pressing, extraction or comparable procedures from oilseeds, chemically unchanged oil in raw or refined form.

(k) "Superethanol E 85" are in a tax warehouse in accordance with § 25 para 2 of the Excise Act 1995, Federal Law Gazette No. 630/1994, as amended by Federal Law Gazette I no. 111/2010, made mixtures, which in the period from October 1 to March 31 (winter) a salary to bioethanol by at least 65% and not more than 75% v/v, and in the period from 1 April until 30 September (summer months) of at least 75% and not more than 85% v/v exhibit.

(l) "Hydrogenated vegetable or animal oils" (hydrotreated vegetable oil - HVO) are produced hydrocarbons in hydrogenation plants or in co hydrogenation plants from vegetable or animal oils or fats.

10. "Substitutionsverpflichteter" is the relevant liable to pay tax under the fuel tax Act 1995, brings gasoline or diesel fuels referred to in Nos. 1 and 2 for the first time in the Federal territory in the free movement or spends in the Federal territory into free circulation or used except in the fuel tank of the vehicle.

11 "Reportable" is, who brings fuels in accordance with article 3, paragraph 1 or other energy sources for use in the transport sector for the first time in the Federal territory in the free movement or spends in the Federal territory into free circulation or used, except in the fuel tank of the vehicle. Manufacturer of bio-fuels in installations that serve farming self-sufficiency insofar as these fuels exclusively on farms in the tax area are used are excluded.

12. "Life cycle greenhouse gas emissions" are all CO2, CH4, and N2O net emissions that can be associated with the fuel (including all ingredients mixed with) or the energy. This includes all relevant phases of the production, cultivation, including land-use changes, which occur the emissions of transport and distribution to the processing and incineration, regardless of the place where.

13. "Greenhouse gas emissions per unit of energy" are the total mass of the fuel or energy-related greenhouse gas emissions in CO2 equivalents, divided by the total energy content of the fuel, or the energy source (fuel expressed as "lower calorific value").

14 "Provider" is, who is responsible for the delivery of fuel or energy where excise duty.

15. "Waste" are all wastes of biogenic origin.

16. "Processing residue" is a substance that does not represents one of the final products or the final product, that should be produced directly in a production process, is not the primary goal of the production process and the process is not intentionally changed to produce this processing backlog.

17.

"Actual value" is in accordance with annex V of to Directive 2009/28/EC for the promotion of the use of energy from renewable sources and amending and subsequent repeal of Directive 2001/77/EC and 2003/30/EC, OJ No. L 140 of the 05.06.2009 p. 16, and annex IV of to Directive 98/70/EC, last amended by the 2011/63/CE directive, the savings in greenhouse gas emissions at some or all steps of a special bio-fuel production process, calculated in accordance with the method shown in annex X.

18. is "Default value" in accordance with annex V of to Directive 2009/28/EC and annex IV of to Directive 98/70/EC, by a typical value pursuant to annex V of Directive 2009/28/EC and annex IV of to Directive 98/70/EC as last amended by the directive of 2011/63/EC, as last amended by the 2011/63/CE directive, value derived by applying previously defined factors , which can be used under conditions instead of an actual value.

19 'Certification systems' are structures which can ensure compliance with the requirements to comply with the criteria of sustainability both organizationally and in terms of content and review.

20. 'Control body' is an independent body in a third country, which has received a confirmation of the technical suitability and approval as supervisory authority by the national accreditation body in the third country, to perceive certain control tasks.

21 "Operating mode" is a defined set of variables for a production process of biofuels, which includes in particular the kind of energy supply of the production plant, the used raw materials and plant - and process-specific parameters such as energy consumption and energy and material flows, inserted by the companies as part of the registration. A company can define multiple operating conditions during the registration.

Fuel specifications

3. (1) the fuels f properly in the wholesale or retail sales have to comply with the following specifications:



1. petrol with a Bioethanolgehalt of maximum 5% v/v the specifications set out in annex I, as well as ÖNORM EN 228 "fuels for motor vehicles - unleaded petrol - requirements and test methods" by January 1, 2009;

2. gasoline with a Bioethanolgehalt of maximum 10% v/v the specifications set out in annex II;

3. diesel fuels the specifications set out in annex III, as well as ÖNORM EN 590 "fuels for motor vehicles - diesel fuel - requirements and test methods" by May 1, 2010;

4. LPG the specifications set out in annex IV, as well as ÖNORM EN 589 "fuels for motor vehicles - gas - requirements and test methods" by November 1, 2012;

5. natural gas and bio-methane and mixing products from natural gas and bio-methane the specifications set out in annex V;

6 fatty acid methyl esters the specifications set out in annex VI, as well as ÖNORM EN 14214 "fuels for motor vehicles - fatty acid methyl ester (FAME) for diesel engines - requirements and test methods" by November 1, 2012;

7 pure vegetable oil the specifications referred to in annex VII;

8 Superethanol E-85 fuel specifications in accordance with annex VIII, as well as ÖNORM C 1114 "fuels for motor vehicles - petrol Superethanol E 85 - requirements and test methods" by July 1, 2007.

Petrol and diesel fuels with a higher than themselves resulting share of bioethanol or fatty acid methyl esters may are offered for sale only from the Z 2 or 3, if the fuel tap with a flag and a warning pursuant to § 6 section 3 is provided.

(2) at all gas stations, supply systems and tank machines where petrol be placed no. 2 in transport referred to in paragraph 1, the suppliers have to ensure that at least a variety of petrol in accordance with paragraph 1 is available on no. 1 with a maximum oxygen content of 2.7% m/m and a maximum Bioethanolgehalt of 5% v/v at least until December 31, 2020.



1. for drop-off points, where the average of the two previous calendar years, less than 500 cubic meters of petrol on the market were brought, this obligation ends with December 31, 2015.

2. the derogation provided for in accordance with Z 1 claim assumes, the conditions are to document and demonstrate by appropriate evidence to the competent authority upon request.

(3) the standards referred to in this regulation are at the Austrian Standards Institute, Heinestrasse 38, P.o. box 130, A-1021 Vienna, available.

(4) petrol may be offered for sale for use in older, especially designed vehicles with an additive, which replaced the anti-wear effects of lead compounds and may have an increased danger of fuel nor a harmful air pollution combustion result. The incorporation of the additive can be in the form of an individual dosage at the refuelling (bottle shape).

(5) the content of the metallic additive Methylcyclopentadienyl manganese Tricarbonyl (MMT) in fuels is limited from 1 January 2011 to 6 mg manganese per litre. This content on 2 mg manganese per litre is limited from 1 January 2014.

Test methods for fuel

§ 4. The testing of fuels, whether they correspond to the in article 3, paragraph 1 of laid down specifications, has to be carried out on the basis of the requirements laid down in the annexes.

Substitution requirement

§ 5 (1) as of January 1, 2009 is the substitution objective, based on the energy content, 5.75%, compared to the total for the first time in the Federal territory in the free movement or spent in the Federal territory or used fossil petrol and diesel fuel. To achieve the overall objective at least a share of 3.4% is based on the energy content biofuel by the accordingly, or other renewable fuels, compared to the whole of the accordingly in the Federal territory in the free circulation, marketed or used fossil diesel fuel per year, and a proportion of at least 6.3% biofuels or other renewable fuels, compared to the whole of the accordingly in the Federal territory in the free traffic mounted or used fossil diesel fuel per year , to put into free circulation or use.

(2) from October 1, 2020 the goal of substitution is 8.45%, compared to the total for the first time in the Federal territory in the free movement or spent in the Federal territory or used petrol and diesel fuel, based on the energy content.

Marking

6. (1) the supplier of fuels have to ensure that the consumer about the share of biofuels offered fuel and the appropriate use of different blends of fuel with biofuel are adequately informed. This has to be done in particular by the adequate marking of fuel outlets.

(2) the operator of service stations, supply systems and tank machines have any fuel tap, the petrol is offered Z 2 with a Bioethanolgehalt of up to 10% in accordance with article 3, paragraph 1, with the clearly visible note "E 10".

(3) the operator of service stations, supply systems and tank machines have any fuel point for petrol and diesel fuels which meet the Z 1 and 3 quoted ÖNORM and annexes regarding their higher share of bio-fuels in article 3, paragraph 1, with a label giving back the amount of the share of biofuels and the statement "warning! Only for vehicles with manufacturer release".

(4) are fuels with metallic accessories is delivered to the consumer, the corresponding outlets with the text "Contains metallic additives" in a reasonable size in legible font at a clearly visible point are to identify, where also the information about the type of fuel used is displayed.

(5) the availability of additives for petrol for use pursuant to § 3 para 4 and a corresponding marking are to make sure.

Reduction of greenhouse gas emissions

7. (1) the Meldeverpflichteten have to reduce life cycle greenhouse gas emissions per unit of energy of her for the first time in the Federal territory in the free movement or spent in the Federal territory or used fuels or of the energy source for use in the transport sector progressively to the following quote:



6.0% by 31 December 2020.

(2) calculating the life cycle greenhouse gas emissions referred to in paragraph 1 of fuels - with the exception of biofuels - and by other sources of energy, as well as to determine the value of the base, compared the greenhouse gas reduction to be carried out has to be lit by the European Commission in accordance with Article 7a, paragraph 5. a and b in conjunction with article 11, paragraph 4 of Directive 98/70/EC, last amended by Directive 2011/63/EC, as regards the specification of petrol, diesel and gas oil fuels and the introduction of a system for monitoring and reduction of greenhouse gas emissions taken into account procedure.


(3) the reduction obligation referred to in paragraph 1 can be fulfilled also by a group of Meldeverpflichteten which have to conclude a written agreement for this purpose. In this case, you apply the Group of joined Meldeverpflichteten in the context of the extent of the amount of fuel referred to in the Treaty for the purposes of paragraph 1 of enlisted as a single.

Eligibility of biofuels

§ 8 (1) bio-fuels, regardless of whether the raw materials within or outside the European Union were created to meet the substitution obligations pursuant to section 5 and the greenhouse gas reduction obligations pursuant to § 7 count, if fulfilled the requirements in accordance with section 12 at the time of placing on the market by the accordingly, and in this regard a sustainability verification in accordance with section 13 or section 17.

(2) for biofuels produced from waste, residues from agricultural or forest production including the fisheries or aquaculture, from processing residues, non-food cellulosic material or ligno material, the following shall apply:



1 for the obligations pursuant to section 5 the contribution of this bio-fuels compared with the other biofuels is counted twice, when: a) the raw materials were not intentionally changed to count as waste and b) process where residues from agricultural or forstwirtschaftlicher incurred production including fisheries, aquaculture, or processing residues, was not so changed that the residual materials or processing residues in larger quantities apply as before.

2. the double deduction of biofuels for the obligations pursuant to section 5 requires for each specific feedstock to biofuel production of registration and review by the environmental agency GmbH. The Environment Agency GmbH checks the existence of the conditions for the possibility of the double deduction in accordance with article 21 para 2 of Directive 2009/28/EC.

3. the recognition of a double imputation of biofuels on the objectives referred to in article 5 may contain a temporal and quantitative limitation of the starting material.

(3) energy products with a Bioethanolanteil of less than 65% v/v, which containing bioethanol goods of subheading 3824 90 97 of the combined nomenclature to be used may not counted towards the fulfillment of the obligations according to articles 5 and 7 are.

Mixing of biofuels

§ 9 (1) biofuels which meet the requirements laid down in article 12 and shall be counted towards the objectives referred to in articles 5 and 7, shall be mixed only with biofuels, which do not meet the requirements set forth in § 12, if the records using mass balance system in accordance with § 10 will ensure a clear allocation and tracking of quantities of sustainable and non-sustainable biofuels.

(2) biofuels, which were produced with different sustainability characteristics in accordance with article 12 and shall be counted to the targets according to sections 5 and 7, shall be mixed only when is comprehensible ensured through the records using mass balance system according to article 10, that the sum of all biofuels, taken from the mixture, has same sustainability characteristics, in the same quantities, as the sum of all biofuels, which were added to the mixture.

(3) the greenhouse gas reduction ratio of mixture of biofuels is weighted to calculate average of each greenhouse gas reduction rates of various biofuels. The greenhouse gas reduction quotas may be netted only if all quantities of biofuels, which were annexed to the mixture before mixing have meets the requirements according to § 12.

Using a mass balance system

§ 10 farms that produce biofuels that shall be counted towards the objectives referred to in articles 5 and 7, are obliged to ensure the complete proof of compliance with the sustainability criteria by using a mass balance system. The mass balance system shall contain in particular the following information:



1 unique information about the mapping of purchased raw materials or traded and sold bio-fuels to seller or buyer, that allow a clear identification of buyers and sellers;

2. date of purchase and sale of bio-fuels or raw materials for biofuel production;

3. data on the type and quantity, to the harvest year and the producing countries of raw materials;

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

5. in accordance with the provisions of article 12, paragraph 3, one value for the greenhouse gas reduction potential of the produced, traded, or used biofuel;

6. in the case of the use of default values in accordance with section 19 para 5 a clear description of the source material used.

Recognition of the contribution of electricity produced from renewable energy sources

§ 11. For the transfer of electricity, which is used as a drive for road vehicles, on which according to § 7 greenhouse gas reduction commitment, the following applies:



1. deductible is the amount of electricity from renewable energy sources as a subset of the overall consumption of electricity by road vehicles. (A is for the percentage of electricity from renewable energy sources) of Austria-specific average share of electricity from renewable energy sources to use, or, b) if indeed a higher proportion of electricity from renewable energy sources is used for road vehicles, this higher proportion can be used after an appropriate acknowledgment.

2. to calculate the deduction of electricity from renewable energy sources, which is consumed by road vehicles, are lit by the European Commission in accordance with Article 7a, paragraph 5. a and b in conjunction with article 11 paragraph 4 of Directive 98/70/EC, as last amended by the 2011/63/CE directive, procedure used.

3. the amount of electricity from renewable energy sources for road vehicles can be expected only if at least the greenhouse gas reduction quotas referred to in article 12, para. 3.

Sustainability criteria

12. (1) the sustainability criteria are in article 17 of Directive 2009/28/EC and in article 7 (b) of Directive 98/70/EC, which amended by the 2011/63/CE directive, cited content, both set the sustainability criteria for raw materials as the criteria for the greenhouse gas emission reductions.

(2) when using agricultural raw materials for sustainable biofuels the regulation of the Federal Minister requirements for agriculture and forestry, environment and water management on agricultural raw materials for biofuels and bioliquids, Federal Law Gazette II No. 250/2010. Compliance with the legislation on forestry feedstock is prerequisite when using forestry raw materials for the production of sustainable biofuels.

(3) for bio-fuels and other renewable fuels that shall be counted towards the objectives referred to in articles 5 and 7, the following applies:



1. for biofuels, produced in plants have gone after January 23, 2008, in operation applies a reduction rate of life cycle greenhouse gas emissions of at least 35%.

2. for biofuels, produced in plants that were prior to January 24, 2008, in operation, a reduction rate of life cycle greenhouse gas emissions of at least 35% is to meet from 1 April 2013.

3. from 1 January 2017 has the reduction of life cycle greenhouse gas emissions to be at least 50%, achieved through the use of biofuels.

4. as from the 1 January 2018 has the reduction of life cycle greenhouse gas emissions for biofuels, which are produced in plants, the production of which is taken after 31 December 2016, to be at least 60%.

5. the savings achieved through the use of biofuels in the life-cycle greenhouse gas emissions are calculated in accordance with article 19.

Proof of sustainability

Section 13 (1) is by means of sustainability evidence to demonstrate and document the sustainability of biofuels.

(2) companies, which manufacture in Austria bio-fuels and where no other farms to biofuel production are downstream and which not only with § 17 para 4 to demonstrate the sustainability of their produced biofuels a sustainable system in accordance with may exhibit for the produced biofuels sustainability evidence, if



These operations at the Environment Agency GmbH in accordance with § 14 signed up 1 and 2 in terms of the used raw materials following conditions are met: a) for agricultural raw materials are the requirements of the regulation of the Federal Minister for agriculture and forestry, environment and water management on agricultural raw materials for biofuels and bioliquids, BGBl. No. 250/2010, in particular with regard to the sustainability, II to meet.

(b) in the case of use forestry raw materials for the production of sustainable biofuels, compliance with the legislation on forestry feedstock is prerequisite.

c)

For non agricultural and forestry raw materials recognized by the Environment Agency GmbH equivalent proof of compliance with the sustainability criteria set out in article is 7 (b) of Directive 98/70/EC, last modified 17 of Directive 2009/28/EC and article by the 2011/63/CE directive, provided. This proof has in any case to allow a clear identification of the used starting material, as well as to contain more information to be determined that 7 (b) of Directive 98/70/EC, are amended by the 2011/63/CE directive, necessary for an assessment of compliance with the sustainability criteria set out in article 17 of Directive 2009/28/EC and article if necessary in individual cases by the Environment Agency GmbH.

(3) the issuance of proof of sustainability has to be made for transfer of ownership of the goods at the latest. The sustainability evidence must be communicated immediately after the exhibition in electronic form to the Environment Agency GmbH.

(4) for businesses that establish in other Member States or third countries biofuels, is the proof of sustainability in accordance with article 17.

(5) for biofuels, which are produced from waste or residual materials, with the exception of agricultural or forestry residues and waste from fisheries and aquaculture, is the proof of compliance with the sustainability criteria for the raw materials.

(6) proof of sustainability have to contain at least the following information:



1. the name and address of issuing establishment which manufactures bio-fuels, 2. providing, whether the installation including 23 January 2008 or thereafter or after January 1, 2017, in operation was taken, 3. the date of issue, 4. a evidence clearly identifying number, 5 the registration number by the environmental agency GmbH or information to the supervisory authority, which has confirmed the proof of sustainability and/or the indication to a voluntary system in accordance with article 18 paragraph 4 of Directive 2009/28/EC and article 7c paragraph 4 of Directive 98/70/EC, last amended by Directive 2011/63/EC, and/or information on the consideration in article 17 paragraph 7 of Directive 2009/28/EC and article 7 paragraph 7 b of Directive 98/70/EC, last amended by Directive 2011/63/EC, mentioned aspects, 6 the amount and type of biofuels , proof of sustainability refers, 7 confirmation of the compliance with the provisions of this regulation and 8 information on a) type, quantity, year of harvest and growing countries or countries of origin of the raw materials, b) the life cycle greenhouse gas emissions in grams of CO2-equivalent per megajoule biofuel (g CO2eq/MJ) in the form of a default value or an actual value, c) for biofuels, which are not mentioned in annex IX , the energy content in mega joules, d) the name and address of the purchaser of the bio-fuels, e) emissions from carbon inventory changes in a row changed land use in accordance with annex X Z 7: el smaller or equal to zero, f) indicated that, if the bonus referred to in annex V, part C Nos. 7 and 8 of Directive 2009/28/EC and annex IV, part C Nos. 7 and 8 of Directive 98/70/EC , as last amended by the directive of 2011/63/EC, has been in the calculation of greenhouse gas emissions in annex V, part C Z 1 of Directive 2009/28/EC and annex IV, part C Z 1 of Directive 98/70/EC, last amended by the 2011/63/CE directive, asserted, g) information, whether in annex V, part C Z 1 of Directive 2009/28/EC and annex IV part C Z 1 of Directive 98/70/EC , last amended by the directive was 2011/63/EC, called factor for emission savings through accumulation of carbon in the soil as a result of better agricultural management practices asserted, and 9 in the case of a double recognition of biofuels pursuant to § 8 para 2 a) information on type, quantity and origin of the used raw materials and b) the confirmation of the registration at the environmental agency GmbH pursuant to § 8 para 2.

(7) proof of sustainability are to exhibit the model published by the Environment Agency GmbH.

(8) for the part of evidence of sustainability, the following applies:



1. the Environment Agency GmbH exhibits for subsets of Austria produced or imported to Austria biofuels that are already a sustainability certificate has been issued, at the request of the holder of the proof of sustainability sustainability evidence of part of. The applicant has to undergo advance pursuant to § 14 para 6 of a simplified registration. The sustainability part certificates are issued upon proof of sustainability, which is to be divided into partial sequences. The number of the original proof of sustainability is to cancel, the sustainability evidence of part of have to get new numbers that seem to have with the original number of sustainability on the new part proof of sustainability.

2. the content of the sustainability evidence of part of has to comply with paragraph 6.

Registration

Section 14 (1) farms, which produce bio-fuels and exhibiting evidence of sustainability in Austria, can accumulate in the Environment Agency GmbH to register. As part of the registration, the environmental agency GmbH for the defined operating conditions put forward by the operation checks compliance with the requirements of the operation for the delivery of sustainability certificates of.

(2) the portion of the registry is carried out by the Environment Agency GmbH training of farms.

(3) with the registry, each operation receives a unique registration number which lead is on the issued proof of sustainability for operating conditions tabled by the company and approved by the Environment Agency GmbH. This operation is able to exhibit for the defined manufacturing process sustainability evidence considered in the framework of the registration upon receipt of a registration number.

(4) businesses have to renew the registration if any of the following circumstances occurs:



1. There should be a registry for other operating conditions.

2. for the fulfilment of commitments in accordance with § 12 para 3 is one of the following changes made: a) is the default value used is changed due to a change in the manufacturing process to the initial registration.

(b) the use of a default value is used instead of on the calculation of an actual value.

(c) the actual value used is changed due to a change in the manufacturing process to the initial registration.

3. there be other significant changes in the production process in relation to the compliance with the sustainability criteria with respect to the initial registration.

(5) changes in accordance with para 4 and changes affecting company data are immediately in writing to bring the environmental agency GmbH in sufficiently documented form. The Environment Agency GmbH has to check the changes from the initial registration on the basis of the submitted documents and the requirements of the operation for the delivery of sustainability certificates of to confirm the registration of the operation. The registry will be void if absence of the prerequisites.

(6) companies that produce biofuels in Austria and only with a sustainability system according to § 17 para 4 demonstrate the sustainability of their entire produced biofuels as well as enterprises, which produce no biofuels trade biofuels have to undergo at the environmental agency GmbH of a simplified registration. Part of the simplified registration is carried out by the Environment Agency GmbH training of farms. With the simplified registration, each plant receives a unique registration number. Changes affecting company data are immediately in writing to bring the environmental agency GmbH in sufficiently documented form.

(7) the environmental agency GmbH has and maintain a directory of registered companies.

Recognition of certification schemes

Section 15 (1) the recognition of certification systems for the production of bio-fuels in third countries is done by the environmental agency GmbH. The following applies to the application for recognition of a certification system for the manufacture of biofuels:



1. the application is in German or English language.

2. the application must contain the following minimum information: a) the name of the natural or legal person requesting and the address in a Member State of the European Union or in a Contracting State of the agreement on the European economic area and b) the checkpoints that use this certification system.

3. proof of compliance 7 (b) of Directive 98/70/EC, as last amended by the directive of 2011/63/EC, having requirements under article 17 of Directive 2009/28/EC and article to be made on the submission of the appropriate documentation required by the Environment Agency GmbH.

(2) the application for recognition for the respective certification scheme can be either fully or partially be granted preliminary recognition.

(3) in the case of a limitation on certain types of biofuels has the recognition to specify them and lead the States for which the certification system in Austria is recognised.


(4) the recognition of a certification system is maximum for the period of twelve months and may be extended at the request of each maximum twelve months, unless the check has been completed positively by the Environment Agency GmbH.

(5) any substantial change, a certification system requires a renewed recognition by Environment Agency GmbH.

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

Recognition of inspection bodies

Section 16 (1) the recognition of control bodies in third countries in which no certification system is active, is carried out by the Environment Agency GmbH. The Environment Agency GmbH verifies in the framework of the recognition that the supervisory authority the basic requirements for the exercise of monitoring activities in accordance with Regulation (EC) No. 882/2004 on official controls for the verification of compliance with feed and food law, as well as the provisions on animal health and animal welfare, OJ No. L 165 of 30.04.2004 p. 1, as last amended by Regulation (EC) No 1162/2009, OJ P. 10, in terms of compliance with the sustainability criteria comply with no L 314, Dec 1, 2009.

(2) the application for recognition of a supervisory authority has to be in German or English and contain a confirmation of the professional competence and admitted to the national supervisory authority of the national accreditation body in the third country.

(3) the supervisory authority has to specify a delivery address in a Member State of the European Union or in another Contracting State to the agreement on the European economic area.

(4) the recognition of a supervisory authority is maximum for the period of twelve months and may be extended at the request of each maximum twelve months, unless the check has been completed positively by the Environment Agency GmbH.

(5) the publication of the approved inspection posts from third countries in Austria has to be carried out by the Environment Agency GmbH.

Recognition of sustainability guarantees by other Member States and third countries

Sustainability certificates, which come from other Member States of the European Union, are § 17 (1) to recognize after inspection by the Environment Agency GmbH from this, if they are recognized by the body designated by the authority which is responsible in that Member State for verification.

(2) evidence of sustainability that come from third countries, must be honored after inspection by the Environment Agency GmbH from this, if compliance with the sustainability criteria in accordance with article 17 of Directive 2009/28/EC and under article 7 (b) of Directive 98/70/EC, as last amended by the directive of 2011/63/EC, is proved by certification systems recognized by the Environment Agency GmbH. No certification system operates in a third country so compliance with the sustainability criteria can be assigned to by supervisory authorities, if they are approved by the Environment Agency GmbH in accordance with section 16.

(3) proof of sustainability which come from third countries and in accordance with a decision of the European Commission in accordance with article 18 paragraph 4 of Directive 2009/28/EC and article 7 c paragraph 4 of Directive 98/70/EC, as last amended by the 2011 CE/Directive 63 /, on the basis of a contract concluded by the EU with a third country, the sustainability criteria set out in article 17 of Directive 2009/28/EC and Article 7b of Directive 98/70/EC , as last amended by the directive of 2011/63/EC, comply with, have to recognize after inspection by the Environment Agency GmbH from this.

(4) evidence of sustainability, in accordance with a decision of the European Commission in accordance with article 18 paragraph 4 of Directive 2009/28/EC and article 7 c paragraph 4 of Directive 98/70/EC, as last amended by the 2011/63/CE directive, on the basis of voluntary national or international schemes the sustainability criteria set out in article 17 of Directive 2009/28/EC and Article 7b of Directive 98/70/EC , as last amended by the directive of 2011/63/EC, fulfil, are to recognise after inspection by the Environment Agency GmbH from this.

(5) the environmental agency GmbH has the sustainability credentials recognized in Austria to publish.

Verification and control

Section 18 (1) the Federal Minister for agriculture and forestry, environment and water management is entitled to monitor compliance with the provisions of this regulation. The Federal Minister for agriculture and forestry, environment and water management can be, taking into consideration the principles of economy, efficiency and expediency of the environmental agency GmbH use, during their in accordance with § 6 of the environmental control Act (UCHE), Federal Law Gazette I no. 152/1998, as amended by Federal Law Gazette I no. 64/2002, tasks involved is. In this case is the result of the examination in the form of a short report to the Federal Minister of agriculture and forestry, to provide environmental and water management. This shall not affect the authority of the Federal Minister for agriculture and forestry, environment and water management.

(2) checks for compliance with the requirements set forth in section 3 are amended by 2011/63/EC directive, carry out random checks in accordance with article 8 of Directive, 98/70/EC.

(3) the following applies for the following risk-based and carried out random-specific controls:



1. checks for compliance with the provisions referred to in articles 5 and 7 are carried out in particular on the basis of the reports referred to in article 20. Inspections for compliance with the obligations that apply substitution and Meldeverpflichtete, can be performed also in their operations on the ground.

2. checks in compliance with the provisions referred to in articles 9, 10 and 12 are carried at the facilities on site. Identified deficiencies in the monitoring with regard to compliance with the provisions in the context of the review of the corresponding operating is to urge, to correct it in a reasonable period of time, and to show the deficiencies after a recent inspection. A severe deficiency by which compliance with the sustainability criteria is no longer ensured, no proof of sustainability may be displayed up to the time of elimination of the defect. Not to address identified deficiencies may result in a temporary or permanent withdrawal of the registration.

3. the control of the data submitted in accordance with section 20 is the agents on the ground.

(4) the review of approved certification and inspection bodies for biofuels imported from third countries shall be made once a year. Absence of the conditions for a further recognition of certification systems and supervisory authorities and to the further recognition of sustainability certificates issued by them null and void.

(5) you have to controlling substitution and reporting agents to the information necessary for the control activity, to grant access to the records, free of charge on request to make printouts, copies or records available, as well as to allow access to the premises. The monitoring activity is carried out during operating hours in an appropriate manner.

Calculation of the life cycle greenhouse gas emissions from biofuels

19. (1) the savings achieved through the use of bio-fuels in the life-cycle greenhouse gas emissions will be calculated



1. using a default value if a) such a value in accordance with annex V part A or part B of the directive 2009/28/EC, and annex IV, part A or part B of the Directive 98/70/EC, as last amended by the directive 2011/63/EC, the greenhouse gas emission savings for the production route is set and b) in accordance with annex X computed value for this bio-fuels less or equal to zero is no. 7 , 2. by using an actual value calculated in accordance with the methodology laid down in annex X, or 3 using a value computed as the sum of the factors referred to in the formula in annex X no. 1 and partly the disaggregate default values according to annex V, part D of the directive 2009/28/EC and annex IV, part D of the Directive 98/70/EC, as last amended by the 2011/63/CE directive , the actual values calculated according to the methodology in annex X can be used for the part.

(2) for the key specific assumptions necessary to the calculation of actual values of life cycle greenhouse gas emissions and factors are the values published by Environment Agency GmbH to use.

(3) the default values according to 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 the directive of 2011/63/EC, apply only if the value of el of the fixed method of calculation in accordance with annex X smaller or equal to zero and the corresponding constituents



1. outside the European Union, to be cultivated or 2.

be built in the European Union in areas, for the regions on at least the level 2 of the "nomenclature of territorial units for statistics (NUTS)" has been proven from the typical greenhouse gas emissions the cultivation of agricultural raw materials more than the default values for cultivation in accordance with annex V of Directive 2009/28/EC and in annex IV, part D of the Directive 98/70/EC , as last amended by the directive of 2011/63/EC, comply with or waste or residual materials are 3. with the exception of agricultural residues and waste from aquaculture or fishing.

(4) for biofuels, which do not fall under paragraph 3, actual are values or that the Agrarmarkt Austria or the values published by Environment Agency GmbH to be used for the emission calculations in the announcement journal.

(5) the current list of default values in accordance with 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, last amended by the 2011/63/CE directive, is to publish by the Environment Agency GmbH.

Reporting obligation

Section 20 (1) is Berichtspflichtiger



1 has issued the operation,. the disclosure, 2 in the current calendar year sustainability evidence or disclosed.

(2) for the agents referred to in paragraph 1, the following shall apply no. 1:



1 you have the Federal Ministry of agriculture and forestry, each year to submit a report environmental and water management, which has to contain in particular the following information: a) proof of the put into free circulation by him or used quantities of liquid and gaseous fossil fuels and sources of energy for use in the transport sector, specifying the countries of origin and the acquisition places, b) proof of the put into free circulation by him or used quantities of liquid and gaseous biofuels , separated by the amounts of § 12 meet the requirements and which section 12 do not meet the requirements, as well as the detection of other renewable energy sources for use in the transport sector, each stating the country of origin and the acquisition places, c) installed a proof that such renewable energy to the objectives referred to in articles 5 and 7 corresponds to the criteria according to § 12, as well as a tabular listing of individual evidence of sustainability and the data it contains for the first time in the Federal territory in the free movement or the Federal territory in the free movement of spent or used bio-fuels) and (d) the amount of the life cycle greenhouse gas emissions of each of free circulation, marketed or used fuel and energy source for use in the field of transport per unit of energy and the specific checksum value, in accordance with the respective shares of the total amount in the respective year.

2. is satisfied the reduction obligation pursuant to § 7 para 3 by a group, is the contract to settle the report.

3. the respective evidence have starting for the period of one calendar year 1 January 2013 at the latest on 1 may of the following year at the Federal Ministry of agriculture and forestry, environmental and water management in electronic form to long.

4. the forms to be used are to publish by the Environment Agency GmbH.

(3) for the population referred to in paragraph 1 the following applies:



1. you have the Federal Ministry of agriculture and forestry, to provide a tabular listing of each issued and traded evidence of sustainability and the data contained in electronic form environment and water management for the period of the quarter at the latest on the last day of the month of the subsequent month.

2. the forms to be used are to publish the environmental agency GmbH.

Reimbursement of costs

§ 21. The Environment Agency GmbH can raise a reasonable reimbursement of costs from the companies, inspection bodies and certification systems for the following activities:



1. registration or change the registration of establishments, which produce bio-fuels or bio-fuels for the purpose of the world erhandelns record (§ 14);

2. recognition of certification schemes (section 15);

3. recognition of inspection bodies (section 16);

4. verification and control (sections 13, 17, 18);

5. registration and approval of biofuels from wastes and residues, twice attributed to the substitution objective according to § 5 should (§ 8 par. 2).

Transitional provisions

Section 22 (1) the registration of an establishment at the environmental agency GmbH is considered provisional registration. The companies receive a provisional registration number, the validity of which ends a year after the first exhibition, at the latest on 31 March 2013, to the exhibition of the final registration number from the existence of a registration system.

(2) for the recognition of bio-fuels on the goals sections 5 and 7 are in accordance with §§ 8 par. 1 and 2, 10, 12 3 requirements, 13 par. 3 and 4, 20 para 2 subpara 1 lit. c and d maintain a months after entry into force of the regulation.

Entry into force and expiry

section 23. This Regulation shall at the end of the day of their by-laws in force; at the same time the fuel Regulation 1999, Federal Law Gazette II No. 418, amended by regulation BGBl. II No. 168/2009, override. Exceptions to this is Article 6a par. 5, Nos. 1 and 2, which remains in force until December 31, 2012.

Implementation of Union law

§ 24. This regulation establishes



1. the directive 2009/28/EC to promote the use of energy from renewable sources and amending and subsequent repeal of Directive 2001/77/EC and 2003/30/EC, OJ No. L 140 of the 05.06.2009, p. 16, and 2.
the Directive 98/70/EC on the quality of petrol and diesel fuels and amending Directive 93/12/EEC of the Council, OJ No. L 350 of the 28.12.1998 S. 58, amended by Directive 2009/30/EC, OJ No. L 140 of the 05.06.2009 S. 88, 3. the policy 2011/63/EC 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 adaptation to technical progress, OJ No. L 147 of the 02.06.2011 implemented p. 15.

Berlakovich