Energy Statistics Act

Original Language Title: Energiestatistikgesetz

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Energy Statistics Act (EnStatG) EnStatG Ausfertigung date: 06.03.2017 full quotation: "energy statistics law of March 6, 2017 (BGBl. I p. 392)" footnote (+++ text detection from: 10.3.2017 +++) input formula the Bundestag approved the following law: section 1 purpose of surveys and survey areas (1) the surveys referred to in paragraph 2 as Federal statistics perform as a contribution to the presentation of the energy supply and energy use, in particular in the form of energy balances of the Federal and State Governments , for purposes 1 the energy framework conditions for a safe, economical and environmentally friendly energy supply, 2. the preparation of the report of the Federal Government, according to § 63 paragraph 1 sentence 1 of the energy law of July 7, 2005 (BGBl. I S. 1970, 3621), most recently by article 1 of the Act of January 27, 2017 (BGBl. I p. 130) is has been modified in the amended , and according to article 98, paragraph 1 of the renewable energy law of July 21, 2014 (BGBl. I S. 1066), most recently by article 2 of the law of December 22, 2016 (BGBl. I p. 3106) has been changed, in its up-to-date version, as well as for energy reporting of federal and State Governments, 3. the compliance with European and international reporting obligations of the Federal Republic of Germany.
(2) the statistics includes the surveys 1 in the electricity sector including renewable energy (§ 3), 2nd in the gas industry, including renewable energy (section 4), 3rd in the reservoirs including renewable energy (§ 5), 4th on coal import and export (§ 6), 5th of liquefied petroleum gas, sewage gas, sludge, geothermal, biofuels, petroleum and petroleum products (section 7) and 6 about the use of energy including renewable energy (§ 8).

§ 2 definitions (1) "operators of plants to produce" in the meaning of this law are natural or legal persons or associations of persons which exercise decisive influence on the composition and operation of the plant to the production. Is the system used to generate in a company or in a company, the farmer or the business owner is the operator of the system to produce. Operator of the system to produce can be both their owners and the natural or legal persons entitled on the basis of contractual obligation to operate or body of persons.
("Manufacturing equipment" within the meaning of this Act are 2) plants, produce electricity, gas or heat to give to others or to the supply. If the same renewable energy is used in several production units at a site, these generating units are considered a plant. Systems in the testing and trial operation are to be included.
(3) are solid, liquid and gaseous fuels "Fuels" in the meaning of this Act. Nuclear fuel and waste, heat including heat and energy from the relaxation of compressed gases are assimilated to the fuels.
(4) "Renewable energy" within the meaning of this law are 1 renewable energy according to § 3 No. 21 of the renewable energies Act and 2. energy from sewage sludge and vegetable oil methyl ester as well as energy from the biodegradable fraction of waste from industry, trade and services.
(5) "Usable storage capacity" within the meaning of this Act is the maximum recordable quantity of energy less occurring loading, storage and discharge load losses.
(6) In addition the definitions 1 energy law apply, 2 of the renewable energies Act, 3. the renewable energies heat Act of August 7, 2008 (BGBl. I p. 1658), most recently by article 9 of the law of October 20th, 2015 (BGBl. I S. 1722) is has been modified in the amended and 4 of the force heat coupling law of 21st December 2015 (BGBl. I p. 2498), most recently by article 1 of the law of December 22, 2016 (BGBl. I p. 3106) has been modified , in the applicable version.

§ 3 captures the survey surveys in the electricity sector including renewable energy (1), calculated based on the domestic, monthly the fuels or hydroelectric power as an energy source to all 1 of those plants for the generation of electricity from an installed net power rating of 1 megawatt-electric, insofar as not according to § 7, sentence 1 number 2 or 3 be information regarding following survey characteristics : a) the amount of electricity generated or produced electricity and heat, separated by the energy and process mode, b) the amount of emitted heat separately according to customer groups, c) the amount of own consumption of electricity and heat, d) the net rated power of plants for the production of electricity, or electricity and heat, e) the high efficiency property of the CHP, separated by process type, f) primary energy savings of CHP , separated by process type, g) the amount of inventories of fuels to generate electricity, or electricity and heat in cogeneration plants, each separated according to energy sources and energy content, h) the amount of used fuel for generating electricity, or electricity and heat in cogeneration plants, each 2. facilities for storing electricity from an installed net power rating of 1 megawatt separated according to energy sources and energy content, electrically or from a storage capacity following survey characteristics 1 megawatt-hour information : a) the amount of incoming and out stored electricity distribution by storage technology at pumped-storage power station Additionally divided into production from the pump-action and natural inflow, b) the installed electrical net power rating, in pumped-storage power station in addition separately after creation and pump-action, c) following collection features information related the usable storage capacity, 3. of electricity supply networks, to the networks operated by them,: a) country number, the installed net power of plants for the production , which are connected directly to the network operated by them, as well as the supply of electricity in physical quantities, separately for the energy sources, as well as within the energy separately for plants under and a net capacity of 1 megawatt electric, b) the import and export of electricity in physical quantities, separated by State, c) the amount of net losses, d) the amount of extracted electricity , separated according to customer groups.

(2) the survey covered, each based on the domestic and country wise, with all utilities including electricity traders, the final consumers with electricity supply, each year for the previous year information regarding following survey characteristics: 1 the amount of the electricity, separated according to customer groups, 2. the proceeds from the sales of electricity, separated according to customer groups, 3. the proceeds from the sale of electricity to customers after § 2 paragraph 3 No. 1 of the concession tax regulation.
(3) the survey covered, each obtained domestically, all operators of electricity supply networks, based on the networks operated by them each year for the previous year following survey characteristics regarding: 1 the special contract customers according to § 2 paragraph 3 number 1 of the concession tax regulation in accounting asked transmission fees, 2. the amount of power fed to final consumers, as well as network feeds from electricity, separately to energy sources, 3 locations , the number and the installed net power of generating plants, which are connected directly to the network run by them.
Information is pursuant to sentence 1 Nos. 1 and 2 also country way to capture.
(4) the survey covered, each related to inland and each country wise, all operators of electricity supply networks, information regarding following survey characteristics related to the networks operated by them, for CHP plants under 1 MW NET nominal power each year for the previous year: 1 the quantity of supplied electricity, 2. the way of the main fuel.
(5) the survey covered, each information regarding following survey characteristics relate to inland, all operators of systems intended for the supply of equity for the generation of electricity from an installed net power rating of 1 megawatt electric including the CHP, as far as them not according to § 7, sentence 1 number 2 or 3 collected annually for the previous year: 1 the amount of generated electricity, or the generated electricity and heat , separately used energy sources and process types, 2. the amount of own consumption, each of electricity and heat, 3. the net power of plants, 4 high efficiency property of the CHP, separated after process types, 5. the primary energy savings of CHP plants, separated by process types, 6 the amount of inventories of fuels to generate electricity, or electricity and heat in cogeneration plants, each separated according to energy sources and energy content , 7 the amount of used fuel for generating electricity, or electricity and heat in cogeneration plants, each separated according to energy sources and energy content.

§ 4 in the gas industry, including renewable energy (1) collected the survey surveys, calculated based on the domestic monthly to all plants 1 to the extraction of natural gas natural gas in physical quantities, separated from the amount of extracted natural gas, 2. for transport of natural gas information on the import and export to neighbouring countries, 3. storage of natural gas information regarding following survey characteristics : a) memory balance at the end of the month, b) storage levels at the end of the month.
(2) the survey covered, respectively, information regarding following survey characteristics involved 1 to all installations for the extraction of natural gas domestically, monthly: a) the amount of extracted natural gas, b) the amount of own consumption, 2. all operators of installations for the transport of natural gas or biogas through pipelines information regarding following survey characteristics: a) the amount of natural gas that is fed into the transmission system , b) the amount of bio gas fed into the transmission system, c) the amount of gas supplied from the transmission network, d) the import and export of natural gas in physical quantities, separated by neighbouring countries, e) the amount of own consumption, 3. all operators of installations for the storage of natural gas information regarding following survey characteristics: a) the memory balance at the end of the month, b) the storage levels at the end of the month, c) the amount of the own consumption.
(3) the survey covered, each based on inland, each year for the previous year 1 to all equipment for the extraction and production of gas information regarding following survey characteristics: a) the amount of the obtained and produced gas, b) the amount of the gas divided into customer groups, c) the proceeds from the sale of gas, separated according to customer groups, d) the import and export of natural gas to contract amounts , separated according to origin and destination States, e) the amount of gas abgefackelten, f) the amount of own consumption, g) the amount of other losses, 2. all operators of installations for the transport of gas through pipelines information regarding following survey characteristics: a) the amount of injected gas, b) the import and export of natural gas in physical quantities, separated by neighbouring States, c) the amount of the own consumption , d) the amount of the other losses, 3. all operators of installations for the storage of gas information regarding following survey characteristics: a) the number, the type, the volume of work and the maximum from feed-in power of storage, b) the amount of injected gas accumulated at the end of the year and the amount accumulated at the end of the year the fed from gas, c) the amount of own consumption, d) the amount of any other losses , 4 for all operators of gas distribution networks information regarding following survey characteristics: a) the quantity of gas injected into the gas distribution system, b) the amount of own consumption, c) the amount of other losses, 5 all gas suppliers and wholesalers information regarding following survey characteristics: a) the import and export of natural gas to contract amounts, separated according to origin and destination States, b) the amount of the gas divided into customer groups , c) the proceeds from the sale of gas, separated according to customer groups.
The information pursuant to sentence 1 number 2 4 letter a letter a and number are be collected separately even after gas types. The information pursuant to sentence 1, paragraph 2 letter c and d and paragraph 4 (b) and c natural gas distribution stations include. The information pursuant to sentence 1, paragraph 3(c) cushion gas include. The information pursuant to sentence 1 number 1 letter b and c, paragraph 2 letter a, c and d, paragraph 3 point (b), point 4 letter a and letter b and c are number 5 also country way to capture.

§ 5 surveys in the reservoirs including the renewable energy


The survey covered, each information regarding following survey characteristics related to inland, all operators of plants from an installed net power rating of 1 megawatt thermal and all operators of installations to the grid-based heat supply including heat-guided cogeneration, as far as their plants not already under section 3 are covered, as well as third parties who use this equipment to distribute each year for the previous year: 1 the amount of generated heat and heat guided systems, the amount of electricity generated the , separately for used energy sources, 2. the amount of heat-related, separated by supplier groups, 3 the amount of heat given off, separated according to customer groups, 4. the amount of the stock of energy sources, separated according to energy content, 5. the amount of used energy sources for the production of heat and electricity, each separated by species and energy content, 6 the amount of own consumption of heat and electricity, 7 the installed thermal capacity , 8. the amount of the losses, 9 the nature and the installed electrical net power and thermal rated net power of plants, 10 heat networks mainly used heat carrier, 11 the number of heat networks, as well as their entire long, 12 the scope of supply and decommissioning of heat networks, 13 the amount of imported heat and the amount of running heat.
All indications with the exception of the information are pursuant to sentence 1 number 7 and 13 country to capture.

§ 6 surveys of coal import and export the survey covered, each related to the domestic, for all companies, the lignite, brown coal products, coal, coal coke or briquettes or run, monthly information regarding following survey characteristics: 1 the import and export of coal, each separated by State and by types of coal, energy levels and border values, 2. the amount of the stock, separated after coal types, 3. the amount of , each divided into types of coal, as well as within the coal types separately to customers - and consumers groups.

The surveys collect § 7 surveys of liquefied petroleum gas, sewage gas, sludge, geothermal, biofuels, petroleum and petroleum products, each obtained domestically, each year for the previous year 1st all companies which emit each year at least 100 tonnes of liquefied petroleum gas to final consumers or resellers, country the amount of liquefied petroleum gas, separated according to customer groups, 2. all operators of facilities that produce sewage gas or use sewage sludge to the generation of electricity and heat , Information regarding following survey characteristics: a) the amount of collected sewage gas and the amount of the obtained sludge for production of electricity and heat, separated according to energy content, b) the amount of used sewage gas, separated according to usage types, c) the amount of the sewage gas, separated according to customer groups, d) the quantity of sewage gas and sewage sludge generated and emitted electricity and heat, e) the installed electrical net power and thermal rated net power of plants for the production of electricity and heat , 3. for all operators of installations to use the geothermal information regarding following survey characteristics: a) the nature and performance of the facilities, b) the amount of generated heat and electricity, separated according to usage types, c) the quantity of emitted heat and electricity, 4 all operators of installations for the production of bio-fuels separated according to customer groups, information regarding following survey characteristics: a) the nature and performance of the facilities , b) the amount of the used bio energy carrier, each separated according to type and origin from domestic and overseas, c) the quantity of the produced biofuels, separated according to species, d) the amount of imported and the amount of biofuels, separated according to species, e) the amount of the biofuels, separated according to species, 5. all companies which promote mineral oil or manufacture petroleum products or produce , Information regarding following survey characteristics: a) the amount of the subsidized crude oil, b) the amount of mineral oil, mineral oil products intended for processing and other feedstocks in processing plants, c) the amount of petroleum and petroleum products, for the production of petroleum products intrinsically spent) the amount of mineral oil products, e) dispose of fuel oils or fuel the stock quantities of petroleum and petroleum products, 6 in all companies, to final consumers , country the quantity of the mineral oil products, separated by product and customer groups.
As far as the data pursuant to sentence 1 number of 5 from surveys other authorities be made available the statistical offices of the countries, 1 number 5 is the carrying out of the survey set to refrain.

§ 8 surveys about the energy use covered the survey including renewable energy, each related to inland, at the enterprises of mining, the mining and quarrying and manufacturing, where companies the report group for the surveys according to § 2 of the law on statistics of manufacturing, as amended by the notice of 21 March 2002 (Federal Law Gazette I p. 1181) , last by article 271 of the Decree of 31 August 2015 (BGBl. I p. 1474) is changed, include in its current version, each year for the previous year information regarding following survey characteristics: 1 the amount of the cover, the stock, of consumption or distribution of energy carriers, separated according to type and energy content, 2. the amount of own generation and the consumption of electricity , 3. the amount of the related electricity and heat, separated after supplier groups and import, 4. the quantity of the electricity and heat, separated according to customer groups and export, 5. the amount of energy and non-energy use of fuels.

Help help characteristics in the survey are article 9: 1 name, address, telephone number and email address of the company, operation or establishing other, 2. name and contact data of persons for queries about available, 3. type and location of plants.
Operators of electricity supply networks, the location of the installation of a help feature, but survey feature is number 3 according to article 3, paragraph 3, sentence 1.

§ 10 obligation to supply information (1) for the surveys is accountability. Providing information on the disclosures pursuant to § 9 sentence 1 number 2 is optional.
(2) 1 are required to report.

(for the surveys according to § 3 paragraph 1 to 4: a) the lines of companies, enterprises or other equipment which operate installations for the production or storage, supply others with energy, supply a different utilities with electricity or operate a network for the General supply, b) the lines of the companies, enterprises or other organisations who make use of the equipment for the transmission and distribution , c) the lines of companies, enterprises or other equipment to the thermal treatment of waste, 2. for the survey according to § 3 paragraph 5 the lines of companies or enterprises of mining, manufacturing or mining and quarrying, as far as these companies or companies operate plants to produce for its own supply, 3 for the collection pursuant to § 4 paragraph 1 the lines of the companies , Plants or other facilities, the facilities for the production, transport or the storage of natural gas operated 4 for the survey according to § 4 paragraph 2: a) the lines of companies, enterprises or other equipment operating systems for the production, transport or the storage of natural gas, b) the lines of the companies which operate import and export are wholesalers, 5th for the survey according to § 4 paragraph 3 : a) the lines of companies, enterprises or other equipment operating systems for extracting, production, transport, storage, distribution or conducted distributing gas, b) the pipes companies, enterprises or other organisations who make use of facilities conducted gas distribution, c) the lines of companies that are gas supplier or wholesaler, 6 for the survey according to § 5 : a) the lines of companies, farms or other equipment which operate heating plants or plants to the grid-based heat supply including CHP plants heat-guided, b) the lines of companies, enterprises or other institutions who use the systems to the distribution, 7 for the survey according to § 6 the lines of companies, 8 of the survey pursuant to § 7, sentence 1 number 1 the lines of the companies, the liquefied petroleum gas to final consumers or resellers to make , 9 the surveys referred to in § 7 set 1 number 2 to 4 establish the lines of companies, enterprises or other institutions that operate the plants, 10 for the surveys referred to in § 7 set 1 number 5 which lines the company promote the petroleum or petroleum products or make the lines of the companies give up 11 for the surveys referred to in § 7 set 1 number 6 , the oils or fuel to final consumers make, 12 for the survey referred to in article 8 the lines of businesses and institutions.
Excluded from the obligation pursuant to sentence 1 number 5 are companies, businesses or other bodies, the installations for the production, transport or storage of biogas operate.

§ 11 the collection, delivery period (1) the surveys according to § 4 paragraph 1 and 2 as well as article 6 will be conducted by the Federal Statistical Office.
(2) the information on article 4, paragraph 1 shall be at the latest on the 27th day of the month following the month of the report the Federal Statistical Office.

Article 12 Regulation Authority (1) the Federal Government shall be empowered to restrict § 3, 4 paragraph 3, §§ 5, to suspend the implementation of a survey or the collection of individual data collection characteristics 7 and 8 perform surveys 1, extend the periodicity of surveys, move survey dates, as well as the District of respondents by decree with the consent of the Federal Council for the article if the result does not in the originally planned verbosity or frequency or at other times are needed, or if actual requirements for a Survey are be omitted or substantially changed, individual new survey features to introduce 2, as far as this is necessary to meet a revised needs for purposes of energy policy, and as far as avoiding by simultaneous exposure to other survey characteristics an expansion of the scope of the survey; characteristics relating to the amount of revenues, revenue or profits, the educational or social data or special types of personal data according to article 3, paragraph 9 of the Federal Data Protection Act, the collection of survey characteristics to arrange 3. as far as the survey on the implementation or execution of acts of the European Union is required may not be introduced.
(2) the Federal Government shall be empowered to introduce by Decree, not the consent of the Federal Council need to suspend individual characteristics for surveys according to § 4 paragraph 1 and 2 as well as article 6 or individual new characteristics to reduce the periodicity of surveys or to extend, to move the dates of the survey as well as to restrict the circle of the respondents, if this in accordance with the delivery obligation of the Federal Republic of Germany according to the Regulation (EC) No. 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on Energy statistics (OJ L 304 of 14.11.2008, p. 1, L 41 of the 12.2.2009, p. 34), most recently by Regulation (EU) No. 431/2014 (OJ OJ L 131 of the 1.5.2014, p. 1) is changed, in the currently valid version is done and does not affect the reliability of the results.

§ May be transmitted tables with statistical results 13 data transmission (1) Federal top on the technically competent and State authorities to use compared to the legislative bodies, and for purposes of planning, but not for the regulation of individual cases by the Federal Statistical Office and the statistical offices of the countries, even as far as table fields are from a single case.

(2) at the Federal Environment Agency 2001/77/EC and 2003/30/EC (OJ of the Federal Republic of Germany to the emission reporting, reporting in the framework of the progress report under Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 to promote the use of energy from renewable sources and amending and subsequent repeal of the directives allowed to meet European and international obligations L 140 of the 5.6.2009, p. 16, L 216 of the 22.7.2014, p. 5, L 265 of the 5.9.2014, p. 33), most recently by the directive (EU) 2015/1513 (OJ OJ L 239 of the 15.9.2015, p. 1) has been changed is, and reporting in the framework of Regulation (EU) no 525/2013 of the European Parliament and of the Council of 21 may 2013 establishing a system for the monitoring of greenhouse gas emissions, as well as for the reporting of these emissions and other climate protection relevant information at the level of the Member States and the Union and to the annulment of the decision No 280/2004/EC (OJ L 165 of the 18.6.2013, p. 13), the Regulation (EU) No. 662/2014 (OJ L 189 of the 27.6.2014, p. 155) is has been changed in the current version, but not for the regulation of individual cases, by the Federal Statistical Office tables with statistical results transmitted, also as far as table fields are from a single case. The tables may be saved only by the federal environmental agency organization units responsible for this task, and it can be used. These organizational units must be spatially by the organizational units of the Federal Environmental Agency dealing with implementation of the tasks, organisation and personnel separated.
(3) on the Federal Network Agency and the Federal Office of Economics and export control, tables with statistical results may be transmitted to meet national and international reporting obligations, as well as Europe-legal obligations for the implementation of the internal energy market, but not for the regulation of individual cases by the Federal Statistical Office, also as far as table fields are from a single case. The tables can be saved only by the competent for this task organisation units of the Federal Network Agency and the Federal Office of Economics and export control, processed and used. These organizational units must be of the organizational units concerned with implementation of the tasks of the Federal Network Agency and the Federal Office of Economics and export control spatial, organizational and personnel separated.
(4) the Federal Network Agency shall the information for bringing the Federal Statistical Office pursuant to § 4 paragraph 1 number 2, if there are those details with you. As far as the Federal Statistical Office does 3 respondents by a survey of the according to article 10, paragraph 2, sentence 1 number. When the Federal Network Agency in the particular case, Federal Statistical Office may make questions to clarify inconsistencies in the information provided. The management of the Federal Network Agency is required to report in that regard.
(5) Please provide statistical offices of the Federal and State Governments to report district decisions at their request names and addresses of the operators of these plants for the approval or support of the authorities plants referred to in articles 3 to 8.

§ 14 use of data collected under energy legislation the Federal Statistical Office uses for the creation of the following Federal statistics data insofar as these data for the compilation of relevant federal statistics are high: 1 the data that are stored in the market master data register according to § 111es of energy law, and 2. the data on basic provisions of the energy industry Act, the renewable energies Act or the power heat coupling Act or the regulations adopted on the basis of these laws have been published.
As far as the Federal Statistical Office uses the data referred to in sentence 1, it looks off an uprising among pursuant to article 10, paragraph 2 of the respondents.

§ 15 the annual surveys for the year 2017 and the monthly surveys for the year 2017 are transitional arrangements after the energy statistical law of 26 July 2002 (BGBl. I S. 2867), most recently by article 273 of the Decree of 31 August 2015 (BGBl. I p. 1474) has been amended is carried.

Article 16 entry into force, expiry of this Act enters into force on the 10th March 2017. At the same time the energy statistical law of 26 July 2002 (BGBl. I S. 2867), most recently by article 273 of the Decree of 31 August 2015 (BGBl. I p. 1474) is been changed other than force.

Closing formula (1) the constitutional rights of the Federal Council are maintained.
(2) the foregoing act is made hereby. It is to announce in the Federal Law Gazette.

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