36Th Ordinance For The Implementation Of The Federal Immission Control Act (Regulation On The Implementation Of The Rules Of Bio Fuel Ratio)

Original Language Title: Sechsunddreißigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes (Verordnung zur Durchführung der Regelungen der Biokraftstoffquote)

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_36/BJNR006010007.html

36th Ordinance for the implementation of the Federal Immission Control Act (regulation on the implementation of the rules of bio fuel rate) (36. BImSchV) 36. BImSchV Ausfertigung date: 29.01.2007 full quotation: "36th Ordinance for the implementation of the Federal Immission Control Act (regulation on the implementation of the rules of bio fuel rate) by January 29, 2007 (BGBl. I S. 60), most recently by article 1 of the Decree of November 26, 2012 (BGBl. I S. 2363) is changed" stand: last amended by art. 1 V v. 26.11.2012 I 2363 for more information on the stand number found in the menu see remarks footnote (+++) Text detection from: 8.2.2007 +++) the V 1 V v. 29.1.2007 was adopted as article I 60 of the Federal Government and the Federal Ministry of finance after consultation with stakeholders and in consultation with the Federal Ministry for environment, nature conservation and nuclear safety. She entered into force article 3 of this V on the 8.2.2007 according.

Table of contents article 1 Einlagerer article 2 determination of the necessary for fulfilling the quota obligation bio fuel § 3 quota commitments section 4 proving the bio fuel property § 5 climate dependent requirements and test methods for mixed with fatty acid methyl ester (FAME) § 6 notification requirements of the third § 6a minimum § 7 double weighting of certain biofuels § 8 double weighting of evidence § 9 exhibition and efficacy of double weighting of evidence § 10 certificates for interfaces section 11 certification systems for the exhibition by double weighting of evidence § 12 CAs § 13 data collection and processing , Reporting obligations, administrative procedure § 14 law enforcement agencies and their jurisdiction article 15 accessibility of the DIN standards section 16 transitional provision Article 1 Depositer serves the tax warehouse of storage of energy products by third parties (Einlagerer) within the meaning of § 7 para 4 sentence 1 of the energy tax Act, the tax warehouse keepers with the monthly energy control application has to call the Depositer and energy products and related quantitative. Otherwise, it is assumed that the requirements of § 37a para 2 sentence 2 of the Federal Immission Control Act in conjunction with section 7 paragraph 4 sentence 1 of the energy tax Act are not met.

Article 2 determination of the necessary for fulfilling the quota obligation bio fuel (1) which has committed (contractors) according to § 37a para 1 sentence 1 and 2 in conjunction with § 37a para 2 of the Federal Immission Control Act by means of appropriate records for each calendar year the type and corresponding quantity of fuels marketed by him in traffic to prove, that pursuant to section 2 para 1 No. 1 and 4 of the energy tax act taxable. He has in particular to capture: 1 the type and corresponding quantity of biofuels put forward by him in traffic, no tax relief after § 50 of the energy tax Act was proposed for, and 2. the type and corresponding quantity of biofuels put forward by him in traffic, for the tax relief after § 50 of the energy tax Act was sought.
Records must be such that it is a knowledgeable third party possible within a reasonable period of time, to determine the basis for the calculation of the bio fuel quantities required for fulfilling the quota obligation.
(2) the debtor has in relation to its records referred to in paragraph 1 to specify what percentage this is the bio fuels marketed by him to biofuels within the meaning of section 7.
(3) as far as fuels to one in § 37a paragraph 1 sentence 3 to 10 of the Federal Immission Control Act purpose mentioned were fired, records are also informed pursuant to paragraph 1 sentence 1. The levy for the purpose referred to in sentence 1 shall be demonstrated in a suitable form.

Section 3 fulfilling the quota obligation (1) the obligated party must to prove compliance with the quota obligation through the records referred to in paragraph 2 and any other appropriate operational documents.
(2) in the case of § 37a paragraph 4 sentence 2 of the Federal Immission Control Act, the third party in regard to the bio-fuel quantities marketed by him has to keep the records referred to in paragraph 2. Paragraph 1 shall apply mutatis mutandis. From the records, the quantities of biofuels placed on the market must be shown for each debtor.
(3) the tax relief is not applied for within the meaning of § 37a para 4 sentence 4 of the Federal Immission Control Act for the quantities of biofuels, for which a refund of the tax relief was carried out according to § 94 paragraph 5 the energy tax directive.

§ 4 has to prove the bio fuel property detection of bio fuel property of the debtor. The proof is with consent or by a manufacturer's declaration according to § 14 paragraph 1 to number 1 competent authority in any other appropriate form, and this request to submit. In addition, he has to the number 1 competent samples on request according to § 14 paragraph 1 refer them on from the annex to this regulation to investigate apparent standard parameters and which according to § 14 paragraph 1 number 1 competent authority to present the corresponding certificates of analysis or examination results. As far as certificates of analysis or examination results are available that are required on the basis of other legal provisions, these can be recognised.

§ 5 is climate-dependent requirements and test methods for mixed with fatty acid methyl ester (FAME) FAME mixed with diesel fuel, apply by way of derogation from article 37 b sentence 3 of the Federal Immission Control Act in conjunction with article 5 of the regulation on the conditions and the award of the qualities of fuels by December 8, 2010 (Gazette I p. 1849) in the DIN EN 14214, issue April 2010, in the national annex NB under point 3 regulated climatically dependent requirements and test methods for the share of FAME with the proviso , that for the period from 16 November one year until February 28, in leap years up to 29 February, the following year the CFPP value no more than-10 degrees C is; the share of FAME must be however that a CFPP value could be achieved by the addition of appropriate additives from-20 degrees C. The obligated party must this which according to § 14 paragraph 1 number 1 competent authority at its request by a certificate of the manufacturer or with the consent of the after section 14 paragraph 1 to prove number 1 competent authority in any other appropriate form.

§ 6 notification requirements of the third the third has pursuant to § 37 c par. 1 sentence 4 of the Federal Immission Control Act information required up to April 15 of the year following the formation of the quota obligation after article 14, paragraph 1 1 competent authority to inform number. This communication is required according to § 14 paragraph 1 number 1 competent authority by presenting the records referred to in section 3 subsection 2 to confirm.

Section 6a of the minimum obligation according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 3a of the Federal Immission Control Act arises only when in the course of a calendar year at least 5 000 litres of petrol and diesel fuels, according to § 2 para 1 Nos. 1 and 4 of the energy tax act to pay tax on that, be placed on the market. Sentence 1 shall apply mutatis mutandis if only petrol or diesel fuel only in traffic.

§ 7 double weighting of certain biofuels (1) biofuels are double weighted on the fulfilment of obligations according to § 37a paragraph 1 sentence 1 and 2 in connection with paragraph 3 of the Federal Immission Control Act count, if they have been manufactured from 1 waste to which the circulatory economic law apply, with the exception of vegetable fats and oils, which have been used for frying or deep frying food , 2. residues within the meaning of paragraph 4, 3 non-food cellulosic material or 4 ligno material.
In bio-fuels, pro rata produced from materials referred to in sentence 1, only the percentage of biofuel is weighted double produced from materials referred to in sentence 1. In the case of set, the double weighting only in relation to the proportion of cellulose and Hemicellulose is 1 number 3. In the case of set, the double weighting only in relation to the proportion of cellulose, Hemicellulose, and lignin is 1 number 4. § Remain unaffected after biofuel sustainability regulation by September 30, 2009 37 b set 13 of the Federal Immission Control Act as well as the requirements for biofuels, (BGBl. I S. 3182), most recently by article 2 of the law of December 22, 2011 (BGBl. I S. 3044) is changed, are to meet in the currently valid version.
(2) a double weight referred to in paragraph 1 is only possible if the biofuel set 1 full or pro rata physically produced materials listed from the in paragraph 1. This does not rule out the use of mass balance systems within the meaning of part 3 section 2 of the biofuel sustainability regulation to the proof of origin of the so produced biofuel from the manufacturer of the biofuel.
(3) as far as waste or residual matter contrary to the mandatory waste prevention according to § 5 paragraph 1 sentence 1 number 3 number 1 and paragraph 2 of the circulation Management Act for the purpose of the double weighting have been produced of the Federal Immission Control Act or article 6, paragraph 1, sentence 1 does not apply to paragraph 1. On biomass or biofuels, which are only waste or residual matter, because the expiry date has been exceeded or because they do not meet requirements of section 37 (b) of the Federal Immission Control Act or the Ordinance of the texture and the award of the qualities of fuels, is paragraph 1 sentence 1 does not apply. Sentences 1 and 2 also apply to mixtures that contain appropriate waste or residual materials. Sentence 1 number 1 apply accordingly for biofuels produced from waste, incurred abroad set 1 to 3 and paragraph 1.
(4) residual substances are 1 raw glycerol, 2 tall oil pitch, 3. slurry and manure, 4. straw and 5 yellow grease and oils.
Old cooking fat and oils within the meaning of sentence 1 number 5 are vegetable fats and oils, which have been used for frying or deep frying food and is using in the usual way. Which according to § 14 para 1 No. 2 competent authority in the Federal Gazette Announces which amounts or useful lives of use in the usual context within the meaning of sentence 2 correspond to.
(5) non-food materials are substances that are not food within the meaning of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European authority for food safety and establishing procedures to food safety (OJ L 31 of the 1.2.2002, p. 1), most recently by Regulation (EC) no 596 / 2009 (OJ L 188 of the astronomy, p. 14) has been modified is, in its up-to-date version, are. As far as these substances merely for the purpose of the double weighting have been changed so that they are no more food, paragraph 1 shall not apply sentence 1.

§ 8 double weighting of evidence (1) the obligated party must opposite the according to § 14 paragraph 1 number 1 competent authority in accordance with articles 9 to 12 to prove that complied with the credit requirements of § 7 paragraph 1 sentence 1 to 4, paragraph 2 and 3.
(2) in the case of § 37a paragraph 4 sentence 2 of the Federal Immission Control Act, the third party for the bio fuel quantities marketed by him to the according to § 14 para 1 has number 1 competent authority in accordance with articles 9 to 12 to prove that the crediting conditions complied with § 7 paragraph 1 sentence 1 to 4, paragraphs 2 and 3.
Footnote (+++ § 8: to the application see section 16 +++) § 9 exhibition and efficacy of double weighting of qualifications (1) establishing proof of double weighting done by, which must contain the following information in addition to the date of manufacture of the biofuel: 1. in the case of the production of the biofuel according to § 7 paragraph 1 sentence 1 number 1 a) indicating that the biofuel was manufactured from waste falling under article 7, paragraph 1, sentence 1 number 1 , and b) the type of waste, 2. in the case of the production of the biofuel according to § 7 paragraph 1 sentence 1 number 2A) the indication that the biofuel was manufactured from a residue, and b) the nature of the waste stream, 3. in the case of the production of the biofuel according to § 7 paragraph 1 sentence 1 number 3A) indicating that the biofuel produced from non-food cellulosic material , b) the type of biomass from the biofuel was manufactured, c) the proportion of biofuel produced from cellulose, and d) the proportion of biofuel produced from Hemicellulose, and 4 in the case of the production of the biofuel, according to § 7 paragraph 1 sentence 1 number 4 a) the indication that the biofuel was manufactured from ligno material, b) the type of biomass , the biofuel was manufactured from the, c) the proportion of biofuel produced from cellulose, d) the proportion of biofuel produced from Hemicellulose and e) the share of biofuel produced from lignin.
§ 18 paragraph 1 is number 1 to 4 and 6 of biofuel sustainability regulation on double weighting of evidence apply accordingly. As far as the biofuel was made pro rata from the materials listed in section 7, paragraph 1, sentence 1, a separate proof of double weighting is for each share, which twice should be weighted according to § 7 paragraph 1 sentence 2 to 4, to exhibit. Evidence can also be carried pursuant to sentence 1 by proof of replacing the double weighting detection Doppelgewichtungs part. For the exhibition by Doppelgewichtungs part certificates for quantities of biofuels, for which already a double evidence of weighting of exists, which according to § 14 paragraph 1 number 2 competent authority applies section 24 paragraph 1 sentence 1 to 3, paragraph 2 and 4 of the biofuel sustainability regulation. The proof of Doppelgewichtungs part must contain the information pursuant to sentence 1 and 2. Double weighting evidence and evidence of Doppelgewichtungs part must be presented according to § 14 paragraph 1 number 1 competent authority in German language.
(2) double evidence of weighting of pursuant to paragraph 1 sentence 1 to 3 have no later than one month after production of the biofuel issue number 3 of biofuel sustainability regulation interfaces in the sense of § 2, paragraph 3. The exhibition takes place in the database according to § 17 paragraph 2 number 2, part of the sentence after the biofuel sustainability regulation number 2 competent authority operated by according to article 14, paragraph 1. Article 15 applies to the interfaces of biofuel sustainability regulation according to with the proviso that 1 certificates within the meaning of article 15 paragraph 1 number only the certificates referred to in article 10 are 1 and 2 letter a of the biofuels sustainability Ordinance and must be 2. the exhibition of double evidence of of weighting of by way of derogation from § 15 paragraph 2 of the biofuel sustainability regulation in a certification system referred to in section 11;
Article 15 paragraph 1 No. 3 of the biofuel sustainability regulation does not apply.
(3) evidence must referred to in paragraph 1 in the database according to § 17 paragraph 2 paragraph 2, part of the sentence after the biofuel sustainability regulation which are stored according to § 14 paragraph 1 number 2 competent authority. § 17 paragraph 2 a number 2, part of the sentence before the letter is apply mutatis mutandis. The according to § 14 paragraph 1 number 2 competent authority checks the information in the evidence referred to in paragraph 1 on their plausibility. The who according to § 14 paragraph 1 number 1 competent authority to be provided proof after paragraph 1 can only be accepted, if at the same time proof of compliance with the requirements of sections 4 to 8 of biofuel sustainability regulation is provided. For the determination of the origin of the biofuel from the interface, which exhibits the proof of double weighting, apply article 17 paragraph 1, paragraph 2 number 1 and 2, part of the sentence according to point (b), paragraph 3, for as long as the documentation in the data bank number 2 competent authority according to article 14, paragraph 1, and paragraph 4 of biofuel sustainability regulation according to with the proviso that certification schemes within the meaning of § 17 of the biofuel sustainability regulation 1 are only the certification schemes referred to in article 11 and 2. certification authorities within the meaning of § 17 of the biofuels sustainability Ordinance only the certification bodies referred to in article 12 are.
(4) section 20 of the biofuels sustainability Ordinance for the invalidity of evidence referred to in paragraph 1 shall apply mutatis mutandis with the proviso that data within the meaning of article 20, paragraph 1 number 1 the biofuels sustainability Ordinance the information within the meaning of paragraph 1 sentence 1 and 2 are.
Footnote (+++ § 9: to the application see section 16 +++) article 10 certificates for interfaces (1) interfaces that expose the double evidence of weighting of, as well as upstream them interfaces in the sense of § 2 paragraph 3 Nos. 1 and 2 of the biofuel sustainability regulation a valid certificate pursuant to section 26 of the biofuels sustainability Ordinance have, announced CA was granted by one according to article 12, paragraph 1, sentence 2.
(2) one of the interfaces no longer is eligible pursuant to paragraph 1 of section 26 of the biofuels sustainability Ordinance so the CA informed that according to § 14 paragraph 1 number 2 competent authority and the concerned interface immediately. If it is number 3 the biofuel sustainability Ordinance an interface according to § 2, paragraph 3, the interface from the date of the notification is no longer entitled to exhibit double evidence of weighting of. If it is number 1 or number 2 of biofuel sustainability regulation to an interface according to § 2 paragraph 3, bio-fuels, which were produced by this interface from the time of the briefing of biomass given from can be applied more double weighted on the bio fuel rate. The according to § 14 paragraph 1 number 2 competent authority can in both cases a time before the information set, provided that the conditions referred to in sentence 1 were demonstrably no longer fulfilled at this time.
(3) interfaces according to § 2 paragraph 3 point 3 of biofuel sustainability regulation first-time issue proof of double weighting tell the CA that has issued the certificate referred to in paragraph 1, and send a list of the companies and suppliers who have to check pursuant to section 12 paragraph 4 by the CA. Sentence 1 shall apply accordingly for interfaces according to § 2 paragraph 3 No. 1 of biofuel sustainability regulation from the date of the first-time inclusion of biomass according to § 7 paragraph 1 sentence 1. The interfaces have pursuant to sentences 1 and 2 inform changes to the list of the certification authority.
Footnote (+++ § 10: to the application see section 16 +++) § 11 certification systems for the exhibition by double weighting of evidence (1) the exhibition of the double weighting proof must in part one according to § 32 number 1 of biofuel sustainability regulation of recognised certification system must be done, that is suitable to ensure that the requirements pursuant to § 7. The according to § 14 para 1 No. 2 competent authority announces the appropriate certification systems in the Federal Gazette.
(2) a certification system is no longer suitable to ensure that the requirements are met according to § 7, so she has known authority this number 2 according to § 14 para 1 in the Federal Gazette to give.
Footnote (+++ § 11: to the application see section 16 +++) § 12 CAs (1) for the interfaces that expose the double evidence of weighting of, as well as the upstream them interfaces which must according to § 10 paragraph 1 certificate is required by one according to § 42 number 1 the biofuels sustainability Ordinance recognized certification authority issued be, which is likely to ensure that the requirements pursuant to § 7. According to article 14 paragraph 1 number 2 competent authority is pleased to announce the appropriate certification bodies in the Federal Gazette and listens. Article 55, paragraph 1 and 2 of the biofuels sustainability Ordinance shall apply accordingly for the monitoring.
(2) a certification authority is no longer suitable to ensure that the requirements are met according to § 7, so she has known authority this number 2 according to § 14 para 1 in the Federal Gazette to give.
(3) the CA must control at least once per month if the interface meet the requirements pursuant to § 7.
(4) the CA issuing a certificate to the interfaces within the meaning of paragraph 1, must also check on the basis of appropriate criteria, whether the manufacturers and suppliers, who are in the production chain before the interfaces and are not even interface meet the requirements pursuant to § 7. Sentence 1 shall apply accordingly for manufacturers and suppliers, which number 3 the biofuel sustainability Ordinance lie in the production chain for the interface according to § 2 paragraph 3, provided these manufacturers and suppliers number 2 of biofuel sustainability regulation meet the conditions of section 17, paragraph 3. Type and frequency of checks of certification authorities pursuant to sentences 1 and 2 must determine itself in particular then probability on each stage of the production and trade chain irregularities and infringements in relation to compliance with the requirements can occur according to article 7 and on the traceability of biomass and biofuel.
(5) which can number 2 competent authority according to § 14 paragraph 1, insofar as this is necessary for the proper implementation of this regulation, specifications make 1. nature and content of the controls of the CAs, as well as to the documents to be presented by the interfaces, operations, and suppliers regularly, other intervals for the checks of certification authorities arrange 2. pursuant to paragraph 3 and intervals for the checks of certification authorities arrange 3. pursuant to paragraph 4.
Competent authority according to § 14 para 1 No. 2 are the requirements pursuant to sentence 1 number 1 known as well as the ordered intervals pursuant to sentence 1 number 2 and 3 in the Federal Gazette.
(6) who according to § 14 paragraph 1 number 2 competent authority and the persons responsible for it are authorised so far as to carry out the monitoring of the certification bodies referred to in paragraph 1, it is necessary for CAs as well as interfaces, operations, and suppliers who use the specifications of a certification system to enter 1 during business or operating time land and business, operating and storage and transportation , 2 visits to make, 3. all business documents to view, check and to make any copies, extracts, prints or copies and 4 to request the necessary information.
(7) CAs as well as interfaces, companies and suppliers who have to meet the requirements for a certification system are required 1. the activities referred to in paragraph 6 to put up number 1 to 3 and 2. measures under paragraph 6 to participate, in particular: a) to describe the rooms upon request and to open, b) to submit business documents, c) copies, extracts, prints or copies of the documents on their own costs to customize and d) to provide the necessary information.
Footnote (+++ § 12: to the application see section 16 +++) § 13 data collection and processing, reporting, administrative procedures the arrangements for data collection and processing, reporting obligations and the regulatory procedure in § 60, 61 (1), the sections 62 to 64 sentence 1 number 1, the §§ 65 and 67 to 69 of the biofuel sustainability regulation shall apply accordingly for the requirements of this regulation with the proviso that relates the carried out according to § 63 evaluation by way of derogation to paragraphs 7 to 13 of this regulation and article 68, paragraph 1 number by way of derogation on evidence according to § 9 para 1 is to use 4.
Footnote (+++ § 13: to the application see section 16 +++) § 14 are law enforcement agencies and their responsibilities (1) enforcement of this regulation 1 of the Federal Ministry of Finance according to section 37d paragraph 1 sentence 2 of the Federal Immission Control Act specific authority and 2 the Federal Agency for agriculture and food.
(2) certain of the Federal Ministry of Finance according to section 37d paragraph 1 sentence 2 of the Federal Immission Control Act authority is responsible for 1 the enforcement of sections 1 to 6a and article 8, 2. the calculation under section 7, whether the obligation under § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 of the Federal Immission Control Act is met, and in this context for the recognition of double qualifications of weighting of , which are presented by the debtor.
(3) the Federal Agency for agriculture and food is responsible for 1 the notification and monitoring of appropriate certification systems pursuant to section 11, 2. the disclosure and monitoring of appropriate certification authorities according to § 12, 3. the enforcement of section 7 and sections 9 to 13 in addition, unless otherwise stated in this regulation, 4. the operation of the database for the double weighting evidence and evidence of the Doppelgewichtungs part.
The legal and professional supervision of the Federal Agency for agriculture and food in relation to the provisions of this regulation has the Federal Ministry of food, agriculture and consumer protection. Legal and technical questions of fundamental importance are by the Federal Ministry of food, agriculture and consumer protection, after agreement with the Federal Ministry for environment, nature conservation and nuclear safety has been established, coordinated with the Federal Ministry of finance.
Footnote (+++ § 14: to the application see section 16 +++) § 15 accessibility of the DIN standards DIN standards, referred to in this regulation are in the Beuth Verlag GmbH, Berlin, appeared and deposited in the German national library archive in terms of secured.

§ 16 transitional provisions the sections 8 to 14 are to apply not to bio-fuels produced before January 1, 2013 in traffic.

Annex (to 4) proof of compliance with the standards (site: BGBl. I 2011, 1106-1107; regarding the details of the changes see footnote) on request according to § 14 paragraph 1 number 1 competent authority has the obligated party samples on the following parameters of each of the energy product in accordance with section 37B of the Federal Immission Control Act in connection with the provisions of the regulation about the condition and the award of the qualities of fuels applicable standard to examine : Energy product standard parameter fatty acid methyl ester density at 15 degrees C sulphur water content of Monoglyceride content Diglyceride triglyceride content content of free glycerol content of alkali content on alkaline earth phosphorus CFPP iodine value vegetable oil density at 15 degrees of sulphur water content totals salary magnesium/calcium phosphorus acid number iodine Ethanolkraftstoff (E 85) ethanol content water content methanol ether content (5 or more C atoms) higher alcohols C3-C5 bioethanol ethanol content water content.