Regulation on the requirements for the sustainable production of biofuels

Original Language Title: Verordnung über Anforderungen an eine nachhaltige Herstellung von Biokraftstoffen

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Regulation on the requirements for the sustainable production of biofuels (Biofuel Sustainability Regulation-Biofuel Rev)

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Biofuel

Date of completion: 30.09.2009

Full quote:

" Biofuel sustainability regulation of 30 September 2009 (BGBl. I p. 3182), most recently by Article 2 of the Law of 20 November 2014 (BGBl. I p. 1740) "

Status:

Last amended by Art. 2 G v. 20.11.2014 I 1740

For more details, please refer to the menu under Notes

*): This Regulation aims at the implementation of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 201, 31.7.2001, 16), as well as the implementation of Directive 2009 /30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 /70/EC as regards the specifications for petrol, diesel and gas-oil fuels and the Introduction of a system for monitoring and reducing greenhouse gas emissions and amending Council Directive 1999 /32/EC as regards the specifications for fuel used by inland waterway vessels and repealing the Directive 93 /12/EEC (OJ No. OJ L 140, 5.6.2009, p. 88). The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C 37), as last amended by Directive 2006 /96/EC (OJ L 327, 21.12.2006, p. 81), has been complied with.

Footnote

(+ + + Text proof: 2.11.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 28/2009 (CELEX Nr: 32009L0028) 
 EGRL 30/2009 (CELEX Nr: 32009L0030) 
 Consideration of 
 ERL 34/98 (CELEX Nr: 398L0034) + + +)

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Input formula

Order it

-: the Federal Government after consultation of the parties concerned on the basis of Article 37d (2) (3) and (4) of the Federal Immission Control Act, which is defined by Article 3 (4) of the Law of 18 December 2006 (BGBl. 3180) and of Article 37d (2) (3) of Article 1 (6) (a) of the Law amending the Promotion of Biofuels of 15 July 2009 (BGBl). 1804),
-: the Federal Ministry of Finance in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the Federal Ministry of Transport, Building and Urban development and the Federal Ministry of Economics and Technology on the basis of Section 66 (1) (11a) (a) and (b) of the Energy Tax Act, which is defined by Article 1 (11) of the Law of 18 December 2006 (BGBl. 3180) and of which Article 66 (1) (11a) (a) is inserted by Article 2 (4) of the Law amending the Promotion of Biofuels of 15 July 2009 (BGBl. 1804),
-: the Federal Ministry of Finance, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, on the basis of section 66 (1) (11b) of the Energy Tax Act and section 37d (3) (2) of the Energy Tax Act Federal Immission Protection Act, of which § 66 (1) (11b) of the German Energy Tax Act (Energy Tax Act) by Article 1 (12) and § 37d of the Federal Immission Protection Act (BGBl) by Article 3 (4) of the Law of 18 December 2006 (BGBl. I p. 3180), and
-: the Federal Ministry of Finance in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and the Federal Ministry of Food, Agriculture and Consumer Protection on the basis of section 66a of the Energy Taxation Act and the Federal Ministry of Food, Agriculture and Consumer Protection § 37e of the Federal Immission Control Act, of which § 66a of the Energy Tax Act is replaced by Article 2 (5) and § 37e of the Federal Immission Protection Act (BundesImmissionsschutzgesetz) by Article 1 (7) of the Law on the Promotion of Biofuels of 15 July 2009 (BGBl. I p. 1804) are inserted:

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Content Summary

Part 1General provisions

§ 1	Scope
§ 2	Definitions

Part 2Sustainability requirements

§ 3	Recognition of biofuels
§ 4	Protection of areas with a high nature conservation value
§ 5	Protection of surfaces with high carbon stock
§ 6	Protection of Torfmoor
§ 7	Sustainable agricultural management
§ 8	Greenhouse gas-mitigation potential
§ 9	(dropped)
§ 10	(dropped)

Part 3Detection Section 1General provisions

§ 11	Proof of compliance with the requirements
§ 12	Further evidence
§ 13	Transmission of evidence to the competent authority

Section 2Sustainability credentials

§ 14	Recognised evidence
§ 15	Exhibition of sustainability certificates
§ 16	Exhibition on the basis of mass balance systems
§ 17	Delivery on the basis of mass balance systems
§ 18	Content and form of sustainability certificates
§ 19	Night rag missing information
§ 20	Ineffectiveness of sustainability certificates
Section 21	Further consequences of missing or insufficient data
Section 22	Recognised sustainability credentials due to the biomass power sustainability regulation
Section 23	Other recognised sustainability certificates
§ 24	Sustainability partial proofs

Section 3Certificates for Interfaces

Section 25	Trusted certificates
Section 26	Issue of certificates
§ 27	Contents of the certificates
§ 28	Consequences of missing information
§ 29	Validity of certificates
§ 30	Recognised certificates due to the Biomass Power Sustainability Regulation
Section 31	Other approved certificates

Section 4Certification systems

Section 32	Approved certification systems
§ 33	Recognition of certification systems
Section 34	Procedure for recognition
§ 35	Content of recognition
§ 36	Subsequent amendments to the recognition
Section 37	Deletion of recognition
§ 38	Revocation of recognition
§ 39	Reports and communications
§ 40	Recognised certification systems based on the Biomass Power Sustainability Regulation
Section 41	Other recognised certification systems

Section 5Certification posts Subsection 1Recognition of certification bodies

§ 42	Trusted Certification Authorities
Section 43	Recognition of certification bodies
Section 44	Procedure for recognition
§ 45	Content of recognition
Section 46	Deletion of recognition
§ 47	Revocation of recognition

Subsection 2Tasks of Certification Authorities

§ 48	Running interface directories
§ 49	Control of interfaces
§ 50	Control of the cultivation
Section 51	Control of cultivation in the context of sustainable agricultural management
Section 52	Reports on controls
Section 53	Other reports and communications
§ 54	Storage, handling of information

Subsection 3Monitoring of certification bodies

§ 55	Controls and measures

Subsection 4Other recognised certification bodies

§ 56	Recognised certification bodies based on the Biomass Power Sustainability Regulation
Section 57	Other recognised certification bodies

Section 6Special and
Transitional provisions to demonstrate

Section 58	Verification by environmental verifiers
§ 59	Proof of provisional recognitions

Part 4Data collection and processing,
Reporting requirements, administrative procedures

§ 60	Information Registry
Section 61	Reconciliation
Section 62	Right of information of the competent authority
§ 63	Reporting obligation of the competent authority
Section 64	Reporting requirements of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Section 65	Data transfer
Section 66	Responsibility
Section 67	Proceedings before the competent authority
Section 68	Samples and forms
Section 69	External transport

Part 5Transition and final provisions

Section 70	Transitional provision
Section 71	entry into force

Appendix 1 (to § 8 (3)):	Method for calculating greenhouse gas mitigation potential based on actual values
Appendix 2 (to § 8 (4)):	Default values for calculating greenhouse gas mitigation potential
Appendix 3 (Section 33 (1), § 43 (1)):	Content requirements for certification systems

Part 1
General provisions

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§ 1 Scope

This Regulation shall apply to:

1.: the fulfilment of the statutory obligation pursuant to § 37a (1) sentence 1 and 2 in conjunction with Section 37a (3) and (3a) of the Federal Immission Control Act, in the course of the calendar year, a certain minimum proportion of biofuels to be placed on the market , and
2.: the capacity for tax relief of biofuels according to § 50 of the Energy Tax Act.

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§ 2 Definitions

(1) Biofuels within the meaning of this Regulation shall be liquid or gaseous fuels for transport produced from biomass. Biomass within the meaning of this Regulation is biomass as defined in the Biomass Ordinance of 21 June 2001 (BGBl. 1234), as amended by the Regulation of 9 August 2005 (BGBl I). (2) For the purposes of this Regulation, all stages of the cultivation of the necessary biomass, in particular the plants, are to be carried out, pending the preparation of the liquid or Gaseous biomass to the quality level required for use as fuel. (3) Interfaces within the meaning of this Regulation

1.

Farms and premises (establishments) which produce the biomass required for the production of biofuels

a): for the first time, from the plants that grow and harvest this biomass, or
b): in the case of waste and residues, for the first time from the establishments or private households in which the waste and waste materials are produced, for the purpose of continuing trade,

2.

oil mills and

3.

Holdings which prepare liquid or gaseous biomass for the required quality level for use as biofuel or which produce biofuels from the biomass used.

(4) Environmental verifiers within the meaning of this Regulation shall be

1.: Persons or organisations which, according to the Environmental Law, are published in the version of the Notice of 4 September 2002 (BGBl. 3490), as last amended by Article 11 of the Law of 17 March 2008 (BGBl I). 399), as amended, may be used as environmental verifier, environmental verifier or environmental verifier organisation in the area of agriculture or forestry; and
2.: other environmental verifiers, environmental verifiers and environmental verifier organisations, provided that they are in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area for the field Agricultural or forestry, or a comparable area, in accordance with § 18 of the Environmental Law.

Certificates within the meaning of this Regulation shall be certificates of conformity which provide that interfaces, including any one of them, with the production or transport and distribution (supply) of the biomass, directly or indirectly, (6) certification bodies within the meaning of this Regulation are independent natural or legal persons established in a recognised certification system;

1.: issue certificates for interfaces where they meet the requirements laid down in this Regulation; and
2.: control the fulfilment of the requirements laid down in this Regulation by establishments, interfaces and suppliers.

(7) Certification systems within the meaning of this Regulation are systems which ensure the fulfilment of the requirements laid down in this Regulation for the production and supply of biomass and of biofuels, and in particular standards (8) For the purposes of this Regulation, the biofuel quota body shall be the competent authority within the meaning of section 37d (1) of this Regulation. of the Federal Immission Control Act, which is to comply with the obligation, to be placed on the market for a minimum proportion of biofuels. (9) For the purposes of this Regulation, the person responsible for the obligation to provide a minimum proportion of biofuels shall be subject to the following conditions:

1.: the pledge or pledge according to the Federal Immission Control Act, which is responsible for compliance with the legal obligation to place a certain minimum proportion of biofuels on the market during the calendar year, or
2.: -or the person applying for a tax relief for biofuels in accordance with the Energy Tax Act.

(10) Waste within the meaning of this Regulation shall be waste within the meaning of Article 7 (1), first sentence, point 1 of the Regulation implementing the biofuel quota arrangements of 29 January 2007 (BGBl. 60), as last amended by Article 1 of the Regulation of 26 November 2012 (BGBl I). 11). Residues within the meaning of this Regulation are residues within the meaning of Article 7 (4) of the Regulation implementing the rules on the quota for biofuels.

Part 2
Sustainability requirements

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§ 3 Recognition of biofuels

(1) Biofuels shall be counted towards the fulfilment of the statutory obligation under the Federal Immission Control Act to place a certain minimum proportion of biofuels on the market in the course of the calendar year, if:

1.

the requirements for

a): the protection of natural habitats according to § § 4 to 6 and
b): a sustainable agricultural management according to § 7

have been met and

2.

they have the greenhouse gas reduction potential of § 8.

The first sentence is valid for the tax relief of biofuels according to the Energy Taxation Act. (2) For the assessment of the requirements for the protection of natural habitats according to § § 4 to 6 is the reference date of 1 January 2008. Unless sufficient data are available to demonstrate compliance with the requirements for this day, the reference date may be another day in January 2008. (3) Paragraph 1 applies to both biofuels which are in to the Member States of the European Union, as well as to biofuels imported from non-EU Member States (third countries), unless otherwise provided for in the following provisions: (4) Paragraph 1, first sentence, point 1 shall not apply to biofuels made from waste, or have been produced from residual materials, unless the residues originate from the agricultural, forestry and fish industries or from aquaculture. Unofficial table of contents

§ 4 Protection of areas with a high nature conservation value

(1) Biomass used for the production of biofuels must not come from land with a high biodiversity value. (2) As a land with a high biodiversity value, all the areas which are to be used for the production of biofuels shall be considered as being of a high value. The reference time or later status, regardless of whether the areas are still in this state:

1.: wooded areas referred to in paragraph 3;
2.: for nature conservation purposes referred to in paragraph 4; or
3.: Grassland with a large biological diversity as referred to in paragraph 5.

(3) Wooded Areas

1.

Primary forests and

2.

other natural areas,

a): that are covered with native tree species,
b): in which there is no clearly visible sign of human activity, and
c): in which the ecological processes are not significantly disturbed.

(4) Surfaces serving nature conservation purposes are areas designated by law or by the competent authority for nature conservation purposes. If the Commission of the European Communities, on the basis of the second sentence of the second subparagraph of Article 18 (4) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources Sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.3.2001, p. 16) or in accordance with the third sentence of Article 7c (4), second sentence, of Directive 2009 /30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 /70/EC with regard to the specifications for Petrol, diesel and gas fuels and the introduction of a system for monitoring and reducing greenhouse gas emissions and amending Council Directive 1999 /32/EC, as regards specifications for inland waterway vessels Fuels and repealing Directive 93 /12/EEC (OJ L 327, 30.12.1993, p. 88) for the protection of rare, threatened or endangered ecosystems or species which:

1.: be recognised in international agreements, or
2.: are listed in the directories of intergovernmental organizations or the International Union for the Conservation of Nature,

for the purposes of Article 17 (3) (b) (ii) of Directive 2009 /28/EC, or for the purposes of Article 7b (3) (b) (ii) of Directive 2009 /30/EC, these areas shall also be considered as nature conservation purposes Areas. Paragraph 1 shall not apply, provided that the cultivation and harvesting of biomass do not run counter to the nature of the nature of the nature of the nature protection referred to. (5) grassland with a large biological diversity is grassland without human intervention.

1.: Greenland would remain intact and its natural species composition as well as ecological features and processes are intact (natural grassland), or
2.: would not remain a grassland, and the species rich and not degraded (artificially created grassland), unless the biomass harvest is required to preserve the grassland status.

In particular, as a grassland with a large biological diversity, areas which the Commission of the European Communities shall apply pursuant to the second subparagraph of Article 17 (3) of Directive 2009 /28/EC or the second subparagraph of Article 7b (3) thereof shall apply. Directive 2009 /30/EC as such. The Commission for the determination of natural or artificially created grassland on the basis of the second subparagraph of Article 17 (3) of Directive 2009 /28/EC or the second subparagraph of Article 7b (3) of Directive 2009 /30/EC shall be taken into account in the interpretation of sentence 1. Unofficial table of contents

§ 5 Protection of surfaces with high carbon stock

(1) Biomass used for the production of biofuels must not come from land with a high above-ground or underground carbon stock. (2) As areas with a high above-ground or subterranean carbon stock shall apply to all areas which had the following status at the time of reference or subsequent status and which no longer have this status at the time of cultivation and harvesting of the biomass:

1.: wetlands referred to in paragraph 3, or
2.: Continuously wooded areas referred to in paragraph 4.

(3) Wetlands are areas which are constantly or partially covered by water for a significant part of the year. Wetlands are, in particular, all wetlands included in the list of internationally important wetlands referred to in Article 2 (1) of the Convention of 2 February 1971 on Wetlands, in particular as a habitat for water and wadding birds of international importance (BGBl. 1976 II p. 1265). (4) Continuously wooded areas are areas of more than 1 hectare with more than 5 m tall trees and

1.: with a degree of protection exceeding 30 per cent or with trees capable of achieving these values on the site in question, or
2.: with a degree of protection of 10 to 30 per cent or with trees which can achieve these values on the site in question, unless the area before and after the conversion has such a carbon stock that the biofuel is the Greenhouse gas-reduction potential according to § 8 paragraph 1 also in the case of a calculation according to § 8 (3).

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§ 6 Protection of Torfmoor

(1) Biomass used for the production of biofuels must not come from land at the point of reference or later peat bog. (2) Paragraph 1 shall not apply if the cultivation and harvesting of biomass does not require drainage of land . Unofficial table of contents

§ 7 Sustainable agricultural management

The cultivation of biomass for the production of biofuels must be carried out on agricultural activities in a Member State of the European Union

1.: in accordance with the provisions laid down in Annex II, points 1 to 5 and 9 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for Holder of agricultural holdings (OJ L 327 OJ L 30, 31.1.2009, p.
2.: in accordance with the minimum requirements for good agricultural and environmental status within the meaning of Article 6 (1) of Regulation (EC) No 73/2009

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§ 8 greenhouse gas-mitigation potential

(1) Biofuel must have a greenhouse gas reduction potential of at least 35 per cent. This value increases

1.: to at least 50 percent on 1 January 2017; and
2.: At least 60 per cent on 1 January 2018, provided that the interface referred to in Article 2 (3) (2) and (3), which has produced the biofuel, has been put into service after 31 December 2016.

(2) Paragraph 1, first sentence, shall not be complied with until 1 April 2013 if the interface which has produced the biofuel has been put into service before 23 January 2008. Interface within the meaning of the first sentence of the first sentence and the second sentence of paragraph 1 shall be

1.: in the case of vegetable oil, the oil mill,
2.: in the case of biodiesel, the esterification plant,
3.: in the case of hydrogenated vegetable or animal oils, the hydrogenation plant or co-hydrogenation plant,
4.: in the case of bioethanol, the bioethanol production plant,
5.: in the case of biogas, the biogas plant and
6.: in all other cases, the interface referred to in Article 2 (3) (3).

(3) The calculation of the greenhouse gas reduction potential shall be based on actual values according to the methodology set out in Appendix 1. The actual values of greenhouse gas emissions shall be determined on the basis of data to be measured. Measurements of data shall be recognised as being accurate if, in particular, they are subject to

1.

a certification scheme recognised in accordance with this Regulation; or

2.

a scheme which:

a): the Commission of the European Communities on the basis of the second sentence of the second subparagraph of Article 18 (4) or the third subparagraph of Directive 2009 /28/EC, or
b): the competent authority

as the basis for the measurement of accurate data,

are carried out. The competent authority shall make the rules referred to in point 2 of the second sentence of the preceding paragraph, by means of a separate letter in the Federal Gazette. (4) In calculating the greenhouse gas reduction potential referred to in paragraph 3, the default values listed in Appendix 2 may be used in whole or in part. be used in part for the formula in Appendix 1, point 1, where the default values referred to in Annex 2 (1) (e) and (2) (e) can only be used if the el-value calculated in accordance with Annex 1 (7) is less than or equal to is zero. Sentence 1 shall apply to the sub-standard values set out in Annex 2 (1) (a) and (1) (e) only if:

1.

the biomass

a): outside the Member States of the European Union, or
b): in the Member States of the European Union, in areas listed in a list referred to in Article 19 (2) of Directive 2009 /28/EC,

, or

2.

the biofuels have been produced from waste or from residues, unless the residues come from the agricultural or fish industry or from aquaculture.

(5) Provided that the Commission of the European Communities, in accordance with Article 19 (7) of Directive 2009 /28/EC, Annex V, Part C or D of Directive 2009 /28/EC, or Annex IV, Part C or D of Directive 2009 /30/EC, as referred to in Article 7d (1), 7 of this Directive shall apply to technical and scientific progress, the amendments shall also apply in the calculation of the greenhouse gas reduction potential referred to in paragraphs 3 and 4. Unofficial table of contents

§ 9

(dropped) Unofficial table of contents

§ 10

(dropped)

Part 3
Evidence

Section 1
General provisions

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§ 11 Proof of compliance with the requirements

In order to comply with the statutory obligation under the Federal Immission Control Act, to place a certain minimum proportion of biofuels on the market during the calendar year, in order to comply with the obligation to comply with the German Federal Immission Control Act, the obligation to comply with the requirements of the biofuel quota body must be met. demonstrate that the requirements laid down in § 3 (1) are met. The verification shall be carried out by submitting a proof according to § 14. The first sentence shall apply to the use of tax relief for biofuels in accordance with the Energy Taxation Act. Unofficial table of contents

§ 12 Further evidence

Further proof that the requirements laid down in § 3 (1) are fulfilled may be fulfilled for the fulfilment of the obligation under the Federal Immission Control Act, a certain minimum proportion of biofuels in the course of a calendar year in the To bring traffic, not to be asked. The first sentence shall apply in respect of the granting of tax relief for biofuels in accordance with the Energy Tax Act. Unofficial table of contents

Section 13 Transmission of evidence to the competent authority

The competent authority shall also immediately forward to the competent authority copies of the evidence referred to in § 11, which they submit to the Biofuel Quota Body or to the main customs office for the detection of the evidence.

Section 2
Sustainability evidence

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§ 14 Recognied evidence

Recognized proof of compliance with the requirements according to § § 4 to 8 are:

1.: Proof of sustainability as long as and insofar as they have been issued in accordance with § 15 or § 24,
2.: Proof of sustainability according to § 22,
3.: Proof of sustainability according to § 23 and
4.: Certificates issued by environmental verifiers according to § 58 (1).

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§ 15 Exhibition of sustainability certificates

(1) Interfaces may issue a proof of sustainability for biofuels which they have produced, if:

1.

they have a certificate which is recognised in accordance with this Regulation and which is valid at the time of issue of the sustainability certificate,

2.

their upstream interfaces

a): submit in each case a copy of their certificates, which are recognised under this Regulation and which were valid at the time of the manufacturing, processing or other working step of the biomass carried out at the interface,
b): confirm that the requirements of § § § 4 to 7 have been met in the production of biomass, and
c): in grams of carbon dioxide equivalent per megajoule of biomass or biofuel (g CO2eq/MJ), indicate the greenhouse gas emissions which they and all of them directly or indirectly deal with the production or supply of the biomass undertakings which are not themselves an interface in the manufacture and supply of biomass, insofar as they have to be taken into account for the calculation of the greenhouse gas reduction potential in accordance with § 8,

3.

the origin of the biomass from its cultivation to the interface is demonstrated at least with a mass balance system which meets the requirements of section 16; and

4.

the biofuel has the greenhouse gas reduction potential in accordance with § 8.

(2) The exhibition must be carried out in a certification system, which is recognized under this Regulation. (3) Only interfaces with no further interface are authorized to issue sustainability certificates. Unofficial table of contents

§ 16 Exhibition on the basis of mass balance systems

(1) In order to detect the origin of the biomass without gaps in production, mass balance systems must be used which meet at least the requirements of paragraph 2. (2) Mass balance systems must ensure that:

1.

in the case of a mixture of biomass with other biomass which does not meet the requirements of this Regulation,

a): the quantity of biomass which meets the requirements laid down in this Regulation and which is annexed to this mixture shall be recorded in advance; and
b): the quantity of biomass taken from the mixture and intended to be used as biomass under this Regulation is not higher than the quantity referred to in point (a); and

2.

in the case of a mixture of different quantities of

a)

Biofuels produced by one or more interfaces in accordance with Article 15 (3) and having different greenhouse gas mitigation potentials, these greenhouse gas mitigation potentials shall only be salted if all the quantities which are In addition, the greenhouse gas reduction potential according to § 8 has been added before mixing, or

b)

Biomass used for the production of biofuels in accordance with this Regulation and for which evidence of sustainability has not yet been issued and which have different greenhouse gas emissions, these greenhouse gas emissions only , if all the quantities added to the mixture have, before mixing, the value which has been determined for this stage of manufacture

aa): by the Commission of the European Communities or
bb): by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

(3) The values referred to in paragraph 2 (2) (b) double letter bb shall be deducted from the standard values set out in Appendix 2 and shall be made known by a separate letter in the Federal Gazette. They shall apply only if the Commission of the European Communities has not published values for the respective stage of production in the Official Journal of the European Union. (4) Further requirements in certification schemes which: The mixing of biofuels with other biomass in whole or in part shall remain unaffected. Unofficial table of contents

§ 17 Delivery on the basis of mass balance systems

(1) In order to demonstrate the origin of the biofuels from the interface which issued the proof of sustainability, it is necessary to:

1.: biofuels from this interface to the obligation to be provided are supplied exclusively by suppliers who document the supply of biofuels in a mass balance system that meets the requirements of Article 16 (2); and
2.: to ensure the monitoring of compliance with the requirement referred to in point 1.

(2) The requirements referred to in paragraph 1 shall be deemed to be fulfilled if:

1.

all suppliers have undertaken to comply with the requirements of a certification system recognised in accordance with this Regulation, provided that the certification system also contains requirements for the supply of biofuels, or

2.

all suppliers, in one of the following, the receipt and transfer of the biofuels, including the evidence of the sustainability certificate and the location and date on which they have received or passed on these biofuels electronic databases:

a): the database of a certification system, provided that the recognition of the certification system in accordance with § 33 (2) also relates to the operation or use of that database; or
b): the database of a certification body or of any other legal or natural person, provided that it has been made known by the competent authority in the Federal Gazette as a recognised proof of compliance with the requirements referred to in paragraph 1 is;

in the case of public interest, a database may also be operated by the competent authority; whereas the legitimate interests of economic operators, in particular their business and business secrets, must be uphold;

(3) The requirements referred to in paragraph 1 shall also be deemed to be fulfilled if:

1.: all suppliers in an electronic database for the receipt and transfer of biofuels, including the evidence of the sustainability certificate and the location and date on which they have received or passed on these biofuels document and
2.: the mass balance system of all suppliers regular audits by the main offices on the grounds of tax supervision in accordance with the Energy Tax Act or the monitoring of the obligation under the Federal Immission Control Act, in the course of the To bring a certain minimum proportion of biofuels to the market for a calendar year.

(4) The main offices shall immediately inform the competent authority of the outcome of their tests as referred to in paragraph 3 (2). (5) The fulfilment of the requirements referred to in paragraph 1 shall be from the supplier who shall be responsible for the delivery of the biofuel to the person responsible for the investigation. provides proof of sustainability in the case of proof of sustainability. Unofficial table of contents

§ 18 Content and form of sustainability certificates

(1) Sustainability evidence must contain at least the following information:

1.

the name and address of the issuing interface;

1a.

the date of the exhibition,

2.

a unique identification number consisting of at least the certificate number of the issuing interface and a unique number to be issued by that interface;

3.

the name of the certification system in which the sustainability certificate has been issued,

4.

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

5.

confirmation that the biofuels to which the sustainability certificate refers meet the requirements laid down in § § 4 to 8, including:

a)

in the case of Article 8 (2), the interface referred to in Article 2 (3) (2) or (3) has been put into service before 23 January 2008, or

b)

the following information:

aa): the energy content of biofuels in megajoules,
bb): greenhouse gas emissions from the production and delivery of biofuels in grams of CO2 equivalent per megajoule of biofuel (g CO2eq/MJ),
cc): the reference value for fossil fuels used for the calculation of the greenhouse gas reduction potential in accordance with Appendix 1; and
dd): the countries or States in which biofuels may be used; this information may cover the entire area into which biofuels can be supplied and in which they can be used, without the greenhouse gas emissions of the production and delivery would fall below the greenhouse gas mitigation potential in accordance with § 8,

6.

the name and address of the supplier to which the biofuels are passed; and

7.

the confirmation of the last supplier in accordance with § 17 (5).

(2) Sustainability records must be issued in written form. (3) Sustainability certificates must be submitted to the Biofuel Quota Office or to the main customs office in German. Unofficial table of contents

§ 19 Supplement to missing information

Information which is not included in a proof of sustainability in accordance with § 18 (1) can only be provided.

1.: through the interface that has issued the sustainability certificate, or
2.: by a certification body, which is recognised under this Regulation.

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§ 20 Unenforceability of sustainability certificates

(1) Sustainability evidence shall be ineffective if:

1.: they do not contain one or more information in accordance with Article 18 (1), with the exception of point 5 (b) (dd), dd,
2.: they are falsified or contain an incorrect indication,
3.: the certificate of the issuing interface at the time of the issuing of the sustainability certificate was not valid or no longer valid,
4.: the proof of sustainability or the certificate of the issuing interface has been issued in a certification system which, at the time of issue of the proof of sustainability or the certificate, is not issued or is no longer available after the certificate has been issued. of the Regulation, or
5.: the certificate of the issuing interface has been issued by a certification body which, at the time of issue of the certificate, was not recognised or no longer recognised under this Regulation.

(2) In the case referred to in paragraph 1 (2), the biofuels shall be recognised in accordance with § 3, if:

1.: the person responsible for the investigation was not aware of the inaccuracy of the information and he would not have been able to recognise the inaccuracy even if the diligence customary in the transport sector had been applied; and
2.: the certificate of the issuing interface was valid at the time of the issuing of the sustainability certificate.

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§ 21 Further consequences of missing or insufficient information

(1) If a proof of sustainability in the information on the greenhouse gas mitigation potential does not contain the reference value for the use for which the biofuels are used, the person or persons responsible for the obligation to fulfil the requirements shall be responsible for the performance of the legal obligation under the Federal Immission Control Act to place a minimum proportion of biofuels on the market in the course of a calendar year, as compared with the biofuel quota body, demonstrate that the biofuels are the Greenhouse gas mitigation potential is also present in this use. The competent authority may make known a method for the conversion of the greenhouse gas reduction potential for different uses in the Federal Gazette. Sentences 1 and 2 shall apply mutagens if the person or persons responsible for the obligation to the main customs office applies a tax relief for biofuels in accordance with the Energy Tax Act. (2) If a proof of sustainability does not include an indication in accordance with § 18 (1) (5) Point (b) of the double letter dd or where the biofuel is not placed on the market in the country or region in accordance with Article 18 (1) (5) (b) of the double letter dd, the person or persons responsible for the obligation to be subject to the biofuel quota shall be demonstrate that the biofuel has the potential to reduce greenhouse gas emissions in the case of a operation in that country or country. The first sentence shall apply to the use of tax relief for biofuels in accordance with the Energy Taxation Act. Unofficial table of contents

§ 22 Recognizing sustainability certificates on the basis of the Biomass Power Sustainability Regulation

(1) Sustainability evidence shall also be deemed to be recognised as long as and insofar as it is based on the Regulation on the requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174). (2) By way of derogation from paragraph 1, proof of sustainability shall not be deemed to have been recognised as soon as a template has been submitted to the network operator in accordance with the provisions of the Regulation referred to in paragraph 1, unless, for the liquid biomass or for the biofuels to which the sustainability certificate refers, simultaneous promotion under the Renewable Energy Sources Act and the Energy Tax Act is possible. (3) § § 20 and 21 shall apply accordingly. Unofficial table of contents

§ 23 Other recognised sustainability certificates

(1) Sustainability credentials shall also be deemed to be recognised as long as and insofar as they are subject to the law of the European Union or of another Member State of the European Union or of another State Party to the Agreement on the European Union An economic area shall be recognised as proof that the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC or in Article 7b (2) to (6) of Directive 2009 /30/EC have been complied with, and where they have been issued

1.: by the authority responsible for the demonstration in that Member State,
2.: from the body which has been recognised by the competent authority in accordance with paragraph 1 of this Article, or
3.: from any other body accredited to the national accreditation body of the Member State on the basis of general criteria for the certification of products certifying products.

(2) Where the Commission of the European Communities, on the basis of the second sentence of the first subparagraph of Article 18 (4) of Directive 2009 /28/EC or the second sentence of the first subparagraph of Article 7c (4) of Directive 2009 /30/EC, decides that the Sustainability requirements for the production of biomass in a bilateral or multilateral contract concluded by the European Community with a third country, the sustainability requirements referred to in Article 17 (2) to (5) of the Treaty Directive 2009 /28/EC, or in accordance with Article 7b (2) to (5) of Directive 2009 /30/EC, the fulfilment of the requirements of § § 4 to 8 can also be demonstrated by proof of sustainability that proves that the biomass has been produced in this third country. In addition, the provisions of the bilateral or multilateral treaty must be complied with. (3) Regardless of paragraph 2, in the manufacture of biomass in a third country which is a bilateral or non-bilateral one with the European Community, the the multilateral treaty on the sustainable production of biomass has been concluded, the fulfilment of the requirements of § § 4 to 8 shall also be demonstrated by means of sustainability evidence of the body designated in the contract if and to the extent that the Contract to comply with the requirements of Article 17 (2) to (5) of the Directive 2009 /28/EC or in accordance with Article 7b (2) to (5) of Directive 2009 /30/EC, or makes such a determination possible. If no body is designated in this Treaty, certificates issued by the authorities of the third country in accordance with points 1 to 3 of paragraph 1 shall be recognised as proof. (4) § 21 shall apply mutatily. Unofficial table of contents

§ 24 Sustainability Substatements

(1) The competent authority shall, at the request of the holder or the holder of the sustainability certificate, issue sustainability certificates for quantities of biofuels for which a proof of sustainability has already been issued. The application shall be submitted electronically. The sustainability certificates will be issued immediately and electronically. Article 18 (1) shall apply mutatily. (2) Paragraph 1 shall apply mutatically to the quantities of biofuels for which a sustainability certificate has already been issued. (3) Where greenhouse gas mitigation potential or values are to be applied to: Greenhouse gas emissions of different quantities of biofuels for which proof of sustainability or proof of sustainability have been issued, shall be issued in accordance with the conditions laid down in Article 16 (2) (2) (a), the competent authority shall: Application by the holder or the holder of the sustainability certificate or Sustainability partial proof of a sustainability partial certificate, which contains the values that result from the salting. (4) In the event of a proof of sustainability in accordance with § 15 or § 22, the competent authority must immediately and electronically send a copy of the sustainability partial proof after the exhibition to the Send a certificate authority that issued the certificate to the interface that issued the sustainability certificate. In the case of a sustainability certificate according to § 23, it may submit a copy of the sustainability partial proof to the authority or body which issued the proof of sustainability. (5) Sustainability certificates referred to in paragraphs 1 to 3 in the case of biofuels supplied by suppliers, which document the receipt and transfer of biofuels in an electronic database in accordance with Article 17 (2) (2), also by the operator of the electronic database are issued. In the case of the first sentence, the operator of the database shall immediately and electronically transmit a copy of the proof of sustainability certificate to the competent authority; paragraph 4 shall not be applied. Further requirements in the recognition of the electronic database or in certification systems shall remain unaffected. (6) For the sustainability certificates issued pursuant to paragraphs 1 to 3 and 5, the provisions of this section shall be without prejudice to the requirements of this section. to the extent that paragraphs 1 to 3 or 5 do not provide otherwise.

Section 3
Certificates for interfaces

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§ 25 Recognizing certificates

Recognised certificates within the meaning of this Regulation are:

1.: certificates, as long as they have been issued in accordance with Section 26;
2.: Certificates according to § 30 and
3.: Certificates according to § 31.

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Section 26 Exhibition of certificates

(1) Interfaces may be issued at the request of a certificate, if:

1.

they have undertaken to comply with at least the requirements of a certification system recognised in accordance with this Regulation in the production of biomass or of biofuel within the scope of this Regulation;

2.

they have undertaken to do so in the case of interfaces in accordance with Article 15 (3);

a): comply with the requirements of § § 15 and 18 (1) and (2) in the issuing of sustainability certificates,
b): to submit copies of any evidence of sustainability which they have issued under this Regulation without delay to the certification body which issued the certificate; and
c): keep these evidence of sustainability as well as all documents required for their exhibition at least 10 years,

3.

ensure that all establishments directly or indirectly involved in the production or supply of the biomass or of the biofuel, which are not themselves an interface, have committed themselves to the production of biomass or of the biofuel, in the scope of this Regulation, at least the requirements of a certification system recognised under this Regulation, and in fact fulfil those requirements,

4.

they have committed themselves to documenting the following:

a): the fulfilment of the requirements laid down in § § 4 to 7 by the interfaces and all the establishments directly or indirectly involved in the production or supply of biomass or of the biofuel, which do not themselves have a interface, in the certification system,
b): the quantity and nature of the biomass used for the production,
c): in the case of the interfaces referred to in Article 2 (3) (1), the site of the cultivation of biomass, as a polygon in geographical coordinates with an accuracy of 20 metres for each individual point; and
d): each in grams of carbon dioxide equivalent per megajoule of biomass (g CO2eq/MJ), the greenhouse gas emissions which are directly or indirectly linked to the production or supply of biomass or of the biofuel by the interfaces and all of them Those holdings which are not themselves an interface in the production and supply of biomass or of the biofuel, insofar as they are taken into account for the calculation of the greenhouse gas reduction potential in accordance with § 8 ,

and

5.

the fulfilment of the requirements referred to in points 1 to 4 has been checked by the certification body.

(2) After expiration of the validity of a certificate, interfaces on request can only be issued a new certificate if:

1.: comply with the requirements laid down in points 1 to 4 of paragraph 1 during the period of validity of the previous certificate;
2.: the documentation referred to in paragraph 1, point 4, is comprehensible and
3.: the checks provided for in § 49 have not provided any other evidence.

If an interface does not meet the requirements set out in paragraph 1 (1) to (4) during the period of validity of the previous certificate and the extent of the irregularities and violations is not significant, the number may differ from the first sentence of the first paragraph of this paragraph. 1 a new certificate will also be issued if the interface has neither intentionally nor grossly negligently fulfilled the requirements and the fulfilment of the requirements for the duration of the validity of the new certificate is ensured. (3) Paragraphs 1 and 2 shall not affect the right of the interface, including raw, burning, or (4) In order to issue certificates referred to in paragraphs 1 and 2, only certification bodies recognised in accordance with this Regulation shall be entitled to issue certificates issued by the the certification system referred to in paragraph 1 (1) has been designated; the certificates must be issued in this certification system. Unofficial table of contents

§ 27 Content of the certificates

Certificates must contain the following information:

1.: a unique certificate number consisting of at least the registration number of the certification system, the registration number of the certification body and a number to be issued by the certification body;
2.: the date of issue and
3.: the name of the certification system in which the certificate has been issued.

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§ 28 Consequences of missing information

Certificates shall be ineffective if they do not contain one or more information in accordance with § 27. Unofficial table of contents

Section 29 Validity of the certificates

Certificates shall be valid for a period of twelve months from the date of issue of the certificate. Unofficial table of contents

§ 30 Recognizing certificates due to the Biomass Power Sustainability Regulation

(1) Certificates shall also be deemed to be recognised as long as and as long as they are based on the Regulation on the requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174), as amended. (2) § 28 shall apply accordingly. Unofficial table of contents

Section 31 Other recognised certificates

(1) Certificates shall also be deemed to be recognised as long as and insofar as they are recognised under the law of the European Union or of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area as proof that one or more interfaces meet the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC or in Article 7b (2) to (6) of Directive 2009 /30/EC, and in the case of the other Member State has been issued

1.: by the authority responsible for the demonstration in that Member State,
2.: from the body which has been recognised by the competent authority in accordance with paragraph 1 of this Article, or
3.: from any other body accredited to the national accreditation body of the Member State on the basis of general criteria for the certification of products certifying products.

(2) § 23 (2) and (3) shall apply accordingly.

Section 4
Certification systems

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§ 32 Recognizing Certification Systems

Recognised certification schemes within the meaning of this Regulation are:

1.: certification systems, as long as they are recognised in accordance with § 33 or § 59 (1),
2.: Certification systems according to § 40 and
3.: Certification systems according to § 41.

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§ 33 Recognition of certification systems

(1) Certification systems shall be recognised on request if:

1.

the following information shall be given for the following:

a): a natural or legal person who is organizationally responsible,
b): a delivery address in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area,
c): certification bodies which are recognised in accordance with this Regulation and which use the respective certification system; and
d): the countries or States to which they refer,

2.

it is appropriate to ensure that the requirements laid down in Articles 17 to 19 of Directive 2009 /28/EC or Articles 7b to 7d of Directive 2009 /30/EC, as specified in this Regulation, are met,

3.

they are accurate, reliable and protected from abuse, and assess the frequency and method of sampling and the reliability of the data,

4.

ensure adequate and independent verification of the data and demonstrate that such verification has been carried out, and

5.

to this end, they contain standards which meet at least the requirements set out in Annex III to the Agreement on Technical Barriers to Trade (OJ L 327, 30.4.2004, 86) and the requirements of Appendix 3.

(2) Where the certification system operates or uses an electronic database for the purpose of proof of compliance with the requirements laid down in Article 17 (1) of the supply of biofuels, the recognition may also include: (3) The proof that the requirements referred to in paragraph 1 are met shall be accompanied by the submission of appropriate documents. The competent authority may, in addition to the documents submitted, request further documents and carry out on-the-spot checks, as part of the recognition procedure in the certification systems, in so far as this is necessary for the decision on the application referred to in 1 is required. A check on the spot in another Member State of the European Union or a third country shall be carried out only if the other State agrees to this examination. (4) The recognition may include changes or additions to the certification system, in particular, the standards for the determination of the requirements laid down in § § 4 to 8 shall be included or shall be subject to additional conditions if necessary in order to meet the requirements of paragraph 1. (5) The recognition may include: a recognition according to the Regulation on requirements for sustainable production from liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174) as amended. (6) The recognition may be limited to:

1.: individual types of biomass,
2.: individual countries or states,
3.: Individual requirements according to § § 4 to 8 or
4.: the operation of an electronic database for the purpose of detecting that the supply of the biofuel complies with the requirements laid down in Article 17 (1).

In the case of a restriction as set out in point 3 or 4 of the first sentence, the competent authority may determine that the certification system shall be deemed to be recognised only in combination with a different certification system. Unofficial table of contents

Section 34 Procedure for recognition

(1) In the recognition of certification schemes, the public shall be involved in the competent authority. The design of the certification system as well as information on the recognition procedure must be published in the Federal Gazette. Natural and legal persons and other associations, in particular associations for the protection of the environment, shall, within a period of six weeks from publication, have the opportunity to submit a written statement to the competent authority. The date of the expiry date shall be communicated in the case of publication in accordance with the second sentence. The competent authority shall take due account of the opinions received by the competent authority within the time limit laid down in the decision on the recognition of the certification system. (2) The recognition procedure may be adopted by a single body (3) If the competent authority has not decided within a period of six months, the recognition shall be deemed to have been granted. (4) Without prejudice to the notification to the competent authority, the Applicants must be recognised in the Federal Gazette (Bundesanzeiger). The notice shall, in summary form, be informed of the conduct of the recognition procedure and of the reasons and considerations on which recognition is based. The legitimate interests of the applicant must be respected. Unofficial table of contents

Section 35 Content of the recognition

The recognition of a certification system must include the following information:

1.: a single registration number,
2.: the date of recognition;
3.: in the case of section 33 (2), the name of the electronic database, which must be used for the purpose of detecting that the requirements of Article 17 (1) are met; and
4.: Restrictions in accordance with § 33 (6).

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Section 36 Amendments to the acceptance of the recognition

Changes to a recognised certification system shall be notified to the competent authority. Major changes to a recognised certification system require recognition; § § 33 and 34 are to be applied accordingly. Unofficial table of contents

Section 37 Erasing of recognition

(1) The recognition of a certification system shall lapse if it is withdrawn, revoked, otherwise repealed or carried out by time or otherwise. (2) The deletion of the recognition and the reason for the expiry of the certificate shall be deleted after paragraph 1. 1 shall be notified by the competent authority in the Federal Gazette. Unofficial table of contents

Section 38 Revocation of recognition

The recognition of a certification system shall be revoked if the guarantee for the proper performance of the tasks under this Regulation is no longer guaranteed. In particular, recognition shall be revoked if:

1.: a condition in accordance with § 33 (1) is not fulfilled or is no longer fulfilled, or
2.: the certification system does not fulfil its obligations in accordance with § 39, not correct, not complete or not in good time.

The recognition may also be revoked if there is no guarantee of control on the spot. In the case of the test referred to in the second sentence of paragraph 1, the experience of certification bodies and interfaces with the certification system and the reports referred to in Article 52 and Article 53 (2) (3) may in particular be taken into account. The provisions of the Administrative Procedure Act concerning the withdrawal and revocation of administrative acts remain unaffected by the rest. Unofficial table of contents

Section 39 Reports and communications

(1) Certification systems shall transmit electronically to the competent authority for each calendar year up to 28 February of the following calendar year and, moreover, on request, the following information:

1.: a list of all interfaces, establishments and suppliers who use this certification system in the manufacture or supply of biomass under this Regulation, including the indication from which certification body it controls and,
2.: a list of all the measures taken with regard to interfaces, establishments or suppliers which meet the requirements of this Regulation
or have not complied with the certification system or have not complied with it.

(2) Certification systems must communicate electronically changes to the lists referred to in paragraph 1 of the competent authority on a monthly basis. (3) Certification systems shall be required to provide all certificates of interfaces that use their specifications on their websites . Unofficial table of contents

§ 40 Recognizing certification systems on the basis of the Biomass Power Sustainability Regulation

Certification systems are also recognized as valid as long as and as long as they are based on the Regulation on requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174), as amended in the current version. Unofficial table of contents

Section 41 Other recognised certification systems

Certification systems shall also be deemed to be recognised as long as and insofar as they are

1.: by the Commission of the European Communities on the basis of the first sentence of the second subparagraph of Article 18 (4) of Directive 2009 /28/EC, or on the basis of the first sentence of the second subparagraph of Article 7c (4) of Directive 2009 /30/EC, or
2.: in a bilateral or multilateral treaty which the European Community has concluded with a third country,

as a certification system for the purpose of determining the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC, or in accordance with Article 7b (2) to (6) of Directive 2009 /30/EC.

Section 5
Certification Authorities

Subsection 1
Recognition of certification bodies

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Section 42 Recognizing certification bodies

Recognised certification bodies within the meaning of this Regulation are:

1.: Certification bodies, as long as they are recognised in accordance with § 43 (1) or § 59 (1),
2.: Certification bodies according to § 56 and
3.: Certification bodies according to § 57.

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Section 43 Recognition of certification bodies

(1) Certification bodies shall be recognised on request if they

1.

specify the following information:

a): the names and addresses of the persons responsible, and
b): the countries or States in which they carry out tasks under this Regulation,

2.

demonstrate that they

a): have the expertise, equipment and infrastructure necessary for the performance of their activities,
b): have a sufficient number of suitably qualified and experienced staff members, and
c): in order to carry out the tasks entrusted to them, are independent of the certification systems, interfaces, businesses and suppliers and are free from any conflict of interest,

3.

Meet the requirements of DIN EN 45011, issue March 1998, carry out their conformity assessments in accordance with the standards of ISO/IEC Guide 60, issue September 2004, and their inspections meet the requirements of DIN EN ISO 19011, edition December 2002, suffixed ^*) ,

4.

have committed themselves in writing in accordance with Annex 3 (1) (e), and

5.

have a delivery address in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area.

(2) The proof that the requirements referred to in paragraph 1 are met shall be accompanied by the submission of appropriate documents relating to the operational equipment of the respective certification body, its structure and its staff , In the case of certification bodies operated by at least two environmental verifiers, the requirements of paragraph 1 (3) shall be deemed to be fulfilled. The competent authority may, in addition to the documents submitted, request further documents and, in the framework of the recognition procedure, carry out on-the-spot checks at the certification bodies, as far as this is concerned with the decision on the application referred to in 1 is required. § 33 (3) sentence 3 shall apply accordingly. (3) The recognition may also be subject to conditions if this is necessary for the proper performance of the activities of a certification body. (4) The recognition may be provided by: A recognition according to the Regulation on requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174) as amended. (5) The recognition may be limited to:

1.: individual types of biomass or biofuel, or
2.: individual countries or states.

*): All DIN, ISO/IEC and DIN EN ISO standards, to which reference is made in this regulation, are to be obtained from Beuth-Verlag GmbH, Berlin, and are deposited at the German Patent and Trademark Office in Munich in terms of archiving.

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Section 44 Procedure for recognition

§ 34 (2) and (3) shall apply mutatily to the recognition procedure. The recognition shall be made known by the competent authority in the Federal Gazette. Unofficial table of contents

Section 45 Content of the recognition

The recognition of a certificate authority must contain the following information:

1.: a single registration number,
2.: the date of recognition and
3.: Restrictions in accordance with § 43 (5).

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Section 46 Erasing of recognition

(1) The recognition of a certification body shall lapse if it is withdrawn, revoked, otherwise cancelled or carried out by time or by any other means. It shall also be extinguished if the certification body does not commence its activities within one year after the first recognition has been granted or has not exercised any more than one year since the commence of the activity. (2) The erasal of recognition and the reason for the deletion referred to in paragraph 1 shall be made known by the competent authority in the Federal Gazette. Unofficial table of contents

Section 47 Revocation of recognition

The recognition of a certification body shall be revoked if the guarantee for the proper performance of the tasks under this Regulation is no longer guaranteed. In particular, recognition shall be revoked if:

1.: a condition in accordance with § 43 (1) is not fulfilled or is no longer fulfilled, or
2.: the certification body does not fulfil its obligations in accordance with § § 48 to 54, not correct, not complete or not in good time.

The recognition may also be revoked if there is no guarantee of control on the spot. The provisions of the Administrative Procedure Act concerning the withdrawal and revocation of administrative acts remain unaffected by the rest.

Subsection 2
Tasks of Certification Authorities

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§ 48 Management of interface directories

The certification bodies must maintain a list of all interfaces to which they have issued certificates. The list must contain at least the name, address and registration number of the interfaces. The certification authorities must update the directory on an ongoing basis. Unofficial table of contents

Section 49 Control of interfaces

At least six months after the first certificate has been issued and at least once a year, the certification bodies shall check whether the interfaces continue to be subject to the requirements for issuing a certificate in accordance with § 26. . The competent authority may, with reasonable suspicion, in particular on the basis of the reports in accordance with § 52, determine that an interface must be checked in shorter periods of time, even in the cases of § 26 (2) sentence 2. Unofficial table of contents

Section 50 Control of cultivation

The certification bodies which issue a certificate in accordance with Article 2 (3) (1) shall check, on the basis of appropriate criteria, whether the establishments designated by the interfaces, in which the biomass is used for the purpose of producing Biofuels grown or harvested shall comply with the requirements laid down in § § 4 to 7. The nature and frequency of the checks referred to in the first sentence shall, in particular on the basis of an assessment of the risk, determine whether irregularities and infringements occur in relation to the fulfilment of those requirements. At least 5 per cent of the farms are to be checked annually. Unofficial table of contents

Section 51 Control of cultivation in the context of sustainable agricultural management

Where biomass is grown for the purposes of the production of biofuels within the framework of agricultural activities in a Member State of the European Union, compliance with the requirements of § 7 shall be deemed to have been proven if holdings

1.: Direct payments under Regulation (EC) No 73/2009, or aid for area-related measures referred to in Article 36 (a) (i) to (v) and (b) (i), (iv) and (v) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on the Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ C 139, 30.4.2004, p. 1), which oblige them to comply with the requirements of cross-compliance, or
2.: as an organisation in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS) 1) are registered in the respective version.

Of these establishments, only 3% must be checked annually in accordance with § 50; the control is limited to whether these establishments comply with the requirements of § § 4 to 6. Unofficial table of contents

Section 52 Reports on controls

Certification bodies must draw up a report after each inspection has been completed, which shall include in particular the control result. If the control has shown that the interface, operation or supplier has not complied with the requirements laid down in this Regulation, the report shall be submitted to the competent authority without delay after completion of the control and electronically , Unofficial table of contents

Section 53 Additional reports and communications

(1) Certification bodies must immediately and electronically transmit copies of all the following documents to the competent authority:

1.: Proof of sustainability of all interfaces certified by them,
2.: Subsequent post-ex-post § 19,
3.: Certificates in accordance with § 26 (1) and (2).

Certification bodies may delegate the obligation to transmit copies of the sustainability certificates as set out in the first sentence of the first sentence of the competent authority to the competent authority. (2) Certification bodies shall be required by the competent authority for each calendar year by 28 February of the following calendar year and, by the way, by electronic means, on request, the following reports and information:

1.: an extract from the interface register in accordance with § 48 and a list of all other establishments and suppliers which they control, broken down by certification system,
2.: a list of all the checks carried out in the calendar year at interfaces, establishments and suppliers, broken down by certification system, with the exception of the checks referred to in the second sentence of section 52; and
3.: a report on their experience with the certification systems they are applying; this report must include all the facts which could be essential to the assessment of whether the certification schemes are in accordance with the conditions for recognition in accordance with § 33.

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§ 54 Storage, handling of information

(1) Certification bodies must keep the control results and copies of all certificates issued by them under this Regulation for at least 10 years. (2) Where certification bodies carry out tasks under this Regulation, as an information-based body in accordance with Section 2 (1) (2) of the Environmental Information Law of 22 December 2004 (BGBl. 3704) within the scope of the Environmental Information Act.

Subsection 3
Certifying Certification Authorities

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Section 55 Controls and measures

(1) The competent authority shall monitor the certification bodies recognised in accordance with this Regulation. (2) The competent authority may, in relation to certification bodies, take the necessary measures to remedy any shortcomings identified and to prevent any future deficiencies. In particular, it may require that an employee of a certification body no longer be allowed to check whether the requirements of this Regulation are met due to a lack of independence, technical expertise or reliability. (3) If environmental verifiers are recognised as certification bodies in accordance with this Regulation, the powers of the Admissions Office shall remain unaffected by paragraphs 1 and 2 in accordance with Section 28 of the Environment Act.

Subsection 4
Other recognised certification bodies

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Section 56 Recognizing certification bodies based on the Biomass Power Sustainability Regulation

(1) Certification bodies shall also be deemed to be recognised as long as and insofar as they are based on the Regulation on requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174), as amended. (2) Subsections 2 and 3 of this Section shall apply mutatily to the extent to which nothing else arises from the Regulation referred to in paragraph 1. Unofficial table of contents

Section 57 Other recognised certification bodies

(1) Certification bodies shall also be deemed to be recognised as long as and insofar as they

1.: by the Commission of the European Communities,
2.: by another Member State of the European Union, or
3.: in a bilateral or multilateral treaty which the European Community has concluded with a third country,

are recognised as certification bodies for the mandatory monitoring of compliance with the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC or in Article 7b (2) to (5) of Directive 2009 /30/EC, and they are responsible for the tasks referred to in (2) The provisions of subsections 2 and 3 of this Section shall apply only in accordance with the provisions of the Commission of the European Communities. Communities or the respective bilateral or multilateral treaty is.

Section 6
Special and transitional provisions for proof

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§ 58 Proof by environmental verifiers

(1) The fulfilment of the requirements laid down in this Regulation can be made in the case of biofuels, which are subject to the statutory obligation under the Federal Immission Control Act, as amended by 31 December 2011, as amended, a minimum proportion of to be placed on the market in the course of a calendar year, they are also demonstrated by a certificate issued by an environmental verifier or an environmental verifier, as compared to the biofuel quota. The first sentence shall apply if the person or persons responsible for the obligation to the main customs office apply for a tax relief for biofuels in accordance with the Energy Taxation Act. (2) The certificate referred to in paragraph 1 shall contain the following information:

1.: confirmation that the requirements laid down in § § 4 to 8 are fulfilled,
2.: a complete documentation of the production and delivery and confirmation that the origin of the biofuels has been proven in accordance with § 16,
3.: the energy content of the amount of biofuel in megajoules,
4.: the greenhouse gas reduction potential of the biofuel in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ) and
5.: in the case of a calculation of the greenhouse gas reduction potential in accordance with Article 8 (3), the actual values, separated according to the individual stages of manufacture and delivery in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ).

(3) Where the competent authority has recognised certification systems in accordance with this Regulation, environmental verifiers shall, when issuing certificates as referred to in paragraphs 1 and 2, comply with the standards of a certification scheme (4) The initial issuing of a certificate referred to in paragraph 1 shall indicate the environmental verifier or the environmental verifier of the competent authority. Prior to the first issuing of a certificate for biofuels from biomass grown outside the Member States of the European Union and other States Parties to the Agreement on the European Economic Area, the Environmental verifier or the environmental verifier, in addition to the competent authority, in writing, declare that supervision is carried out outside the Member States of the European Union in accordance with the supervision of the inspection To tolerate the provisions of the Environmental Law. § 33 (3) sentence 3 shall apply accordingly. (5) Environmental verifiers shall forward to the competent authority immediately and electronically copies of the certificates issued in accordance with paragraph 1. Unofficial table of contents

§ 59 Proof of provisional recognition

(1) The competent authority may provisionally recognise certification systems and certification bodies if a final examination of the conditions in accordance with § 33 (1) and § 43 (1) is not possible, but the conditions shall be met by: sufficient probability will be fulfilled. In the case of the provisional recognition of certification systems, § 33 (1) (1) remains unaffected, § 34 (1) shall not apply and § 34 (3) shall be applied with the proviso that the period shall be three months. In the case of the provisional recognition of certification bodies, § 43 (1) (1), (4) and (5) remains unaffected. (2) The provisional recognition is limited to twelve months. (3) There is no legal right to provisional recognition. (4) Certification systems and certification bodies cannot derive any legal claims from a preliminary recognition.

Part 4
Data collection and processing, reporting requirements, official procedures

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Section 60 Information register

1. The competent authority shall keep a central register of all certification systems, certification bodies, certificates, certificates, certificates and reports relating to the demonstration of compliance with this Regulation. (Information register). (2) The competent authority shall provide the biofuel quota body with the information necessary to monitor the legal obligation of the obligation to provide evidence in accordance with the Federal Immission Control Act, in the course of the calendar year to place a certain minimum proportion of biofuels on the market, on request to the Commission. The obligation laid down in the first sentence shall apply in accordance with the main provisions for the granting of tax relief for biofuels in accordance with the Energy Taxation Act. Unofficial table of contents

§ 61 Reconciliation

(1) The competent authority shall resemble the data in the information register with all the data available to the biofuel quota body and the main olders, as well as with the information register in accordance with § § 66 et seq. the Regulation on the requirements for the sustainable production of liquid biomass for electricity generation from 23 July 2009 (BGBl. 2174), as amended. (2) In the case of sustainability certificates in accordance with § 23, the competent authority may match the data with the authority or body which issued the evidence. § 69 sentence 2 shall remain unaffected. Unofficial table of contents

Section 62 Information law of the competent authority

The competent authority may, in accordance with Article 33 (1) (a) and (1) (a) and in the case of certification schemes, from the persons responsible for detection, certification bodies, interfaces, suppliers, principal olderers, the biofuel quota body, in the case of certification schemes. § 58 of environmental verifiers require further information to the extent that this is necessary to:

1.: to carry out the tasks referred to in this Regulation,
2.: to monitor the compliance with the requirements of this Regulation,
3.: the reporting obligations of the Federal Government to the German Bundestag and the Bundesrat, in particular according to § 37f of the Federal Immission Control Act, or
4.: to comply with the reporting requirements of the Federal Republic of Germany with regard to the institutions of the European Union.

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Section 63 Reporting obligation of the competent authority

The competent authority shall evaluate this Regulation on a regular basis and submit a report to the Federal Government for the first time on 31 December 2010 and thereafter each year. Unofficial table of contents

§ 64 Reporting obligation of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety

On the basis of the reports in accordance with § 63, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety of the Commission of the European Communities shall report on the reports referred to in Article 22 of Directive 2009 /28/EC on

1.: compliance with the requirements laid down in this Regulation, and
2.: the impact of the production of biofuels placed on the market in the Federal Republic of Germany on sustainability.

The report must assess whether the use of biofuels is socially responsible. Unofficial table of contents

§ 65 Data transmission

(1) In so far as this is necessary for the implementation of the Regulation or for the fulfilment of reporting obligations of the Federal Government, the competent authority may transmit information to

1.

the following federal authorities:

a): the Federal Ministry of Finance,
b): the Federal Ministry of Food, Agriculture and Consumer Protection,
c): the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and
d): the subordinated authorities of these ministries, in particular the biofuel quota authority and the main offices,

2.

Authorities of other Member States of the European Union as well as of third countries and their other bodies pursuant to Article 23 (1) (1) to (3),

3.

Institutions of the European Union and

4.

recognised certification systems.

(2) The transfer of personal data to the bodies referred to in paragraph 1 (1) is only permitted under the conditions of § 15 of the German Federal Data Protection Act (Bundesdatenschutzgesetz). The transmission of these data to the bodies referred to in paragraphs 2 and 3 of paragraph 1 is only permissible under the conditions of § § 4b and 4c of the German Federal Data Protection Act. The transfer of personal data to the bodies referred to in paragraph 1 (4) is only permitted under the conditions laid down in § 16 of the German Federal Data Protection Act. Unofficial table of contents

Section 66 Jurisdiction

(1) The Federal Institute for Agriculture and Food is responsible for

1.: recognition of the rules referred to in the third sentence of Article 8 (3) (2) (b), the contract notice referred to in the fourth sentence of Article 8 (3), and the notice referred to in Annex 1 (10), second sentence,
2.: the receipt of evidence in accordance with § 13,
3.: the publication of an electronic database and, where the database is not operated by a certification body or any other legal or natural person, the operation of that database in accordance with Article 17 (2) (2),
4.: the notice referred to in the second sentence of Article 21 (1),
5.: the issueof sustainability certificates in accordance with § 24,
6.: the recognition and supervision of certification systems in accordance with Part 3, Section 4, and in accordance with § 59,
7.: the recognition and supervision of certification bodies in accordance with Part 3, Section 5, Subsections 1 to 3, and § 59,
8.: the receipt of advertisements and declarations pursuant to § 58 (4),
9.: the establishment of a central information register in accordance with Part 4;
10.: the obtaining of information pursuant to § 62,
11.: the reports in accordance with § 63,
12.: the transmission of data in accordance with § 65,
13.: the publication of samples and forms referred to in Article 68 (2) and
14.: the enforcement of this Regulation, with the exception of Article 4 (4), first sentence, variant 2.

(2) The Federal Ministry of Food, Agriculture and Consumer Protection is responsible for the legal and professional supervision of the Federal Institute for Agriculture and Food. The Federal Ministry of Food, Agriculture and Consumer Protection, after agreement with the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, has established legal and technical questions of fundamental importance. of the Federal Ministry of Finance. Unofficial table of contents

Section 67 Procedure before the competent authority

The official language is German. All applications submitted to the competent authority and any evidence, certificates, reports or other documents submitted to the competent authority shall be written in German or shall be translated into the German language. Section 23 (2) sentences 2 to 4 of the Administrative Procedure Act shall apply accordingly. Unofficial table of contents

Section 68 Samples and forms

(1) The following documents shall be used in the form of forms and samples:

1.: for the certificates referred to in § 26,
2.: for the reports and communications in accordance with § § 52 and 53,
3.: for the certificates referred to in Article 58 (1) and
4.: for the sustainability proofs according to § 18 and the sustainability certificates according to § 24.

(2) The competent authority shall publish the forms and samples, as well as the format of an electronic data transmission in the Federal Gazette, as well as on its website. It can publish a translation in the Federal Gazette as well as on its website for sustainability certificates and sustainability certificates, which have been issued in English or in another language. Unofficial table of contents

Section 69 External transport

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is responsible for transport with the authorities of other Member States of the European Union and third countries, as well as with the institutions of the European Union. It may, in agreement with the Federal Ministry of Food, Agriculture and Food, with the competent ministries and authorities of other Member States of the European Union and third countries, and the institutions of the European Union, Consumer protection is transferred to the Federal Institute for Agriculture and Food.

Part 5
Transitional and final provisions

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Section 70 Transitional provision

This Regulation shall not apply to biofuels which are placed on the market before 1 January 2011. Unofficial table of contents

Section 71 Entry into force

(1) § § 24 and 34 (2) shall enter into force on 1 January 2010. (2) This Regulation shall, moreover, enter into force on 2 November 2009. Unofficial table of contents

Appendix 1 (to § 8 (3))
Method for calculating greenhouse gas mitigation potential based on actual values

(Fundstelle: BGBl. I 2009, 3200-3202;
with regard to individual changes, see Footnote)

1.

Greenhouse gas emissions in the production, supply and use of fuels (biofuels and fossil fuels) shall be calculated as follows:

eec + el + ep + etd + eu-esca-eccs-eccr-eee

The following are:

E	=	Total emissions from use of fuel,
eec	=	emissions in the production of raw materials, in particular in the cultivation and harvesting of biomass from which biofuels are produced,
ed	=	emissions due to changes in the carbon footprint resulting from changes in land use,
ep	=	Emissions during processing,
etd	=	Emissions in the supply,
eu	=	Emissions from fuel use,
esca	=	Emission savings from the accumulation of carbon in the soil as a result of better agricultural management practices,
eccs	=	Emission savings through the capture and geological storage of carbon dioxide,
eccr	=	Emission savings through capture and replacement of carbon dioxide,
eee	=	Emission savings through excess power from combined heat and power.

The emissions associated with the production of installations and equipment shall not be taken into account.

2.

The greenhouse gas emissions (E) caused by fuels are expressed in grams of carbon dioxide equivalent per megajoule of fuel (g CO2eq/MJ).

3.

By way of derogation from point 2, for fuels, the values calculated in g CO2eq/MJ may be adjusted in such a way as to take into account differences between fuels in the work carried out in the km/MJ operation. Such adjustments shall be permitted only if evidence is given of the differences in the useful work performed.

4.

The savings in greenhouse gas emissions achieved through the use of biofuels are calculated as follows:

SAVINGS

= (EF-EB) /EF

The following are:

EB	=	Total emissions from the use of biofuels,
EF	=	Total emissions of the reference value for fossil fuels.

5.

The greenhouse gases taken into account for the purposes referred to in point 1 shall be carbon dioxide (CO2), nitrous oxide (N2O) and methane (CH4). In order to calculate the CO2 equivalence, these gases are weighted as follows:

CO2:	1
N2O:	296
CH4:	23

6.

The emissions from the extraction or cultivation of biomass (eec) include emissions from the profit or cultivation process itself, the collection of raw materials, waste and leaks and the production of the raw materials for extraction or cultivation. of chemicals used. The carbon dioxide binding in the cultivation of biomass is not taken into account. Certified reductions in greenhouse gas emissions from the flaring of oil extraction sites in all parts of the world are deducted. As an alternative to the actual values, estimates can be derived from the averages calculated for smaller than the geographical areas used in the calculation of the default values for the cultivation of the crop.

7.

The annual emissions of carbon stock changes due to changes in land use (el) are calculated by a uniform distribution of the total emissions over 20 years. These emissions shall be calculated as follows:

(CSR-CSA) x 3 664 x 1/20 x 1/P-eB

The following are:

ed	=	Greenhouse gas emissions from carbon stocks, converted to the year, as a result of changes in land use (measured as the mass of carbon dioxide equivalent per unit of energy of the biofuel),
CSR	=	the carbon stock per unit area associated with the reference surface (measured as mass of carbon per unit area, including soil and vegetation). Land use of the reference areas shall be the land use at the reference date or 20 years prior to the production of the raw material, whichever is the later,
CSA	=	the carbon stock per unit area (measured as the mass of carbon per unit area, including soil and vegetation) linked to the actual land use. If the carbon stock accumulates over more than one year, the CSA value of the estimated carbon stock per unit area shall be considered to be 20 years or at the time of maturity of the plants, whichever is the earlier,
P	=	plant productivity (measured as the energy of biofuels per unit per unit per year); and
EB	=	A bonus of 29 g CO2eq/MJ biofuel if the biomass is grown according to the number 8 on recovered degraded areas.

8.

The bonus of 29 g CO2eq/MJ shall be granted if the proof is furnished that the area concerned is

a)

was not used for agricultural purposes or for any other purpose at the time of reference, and

b)

in one of the following two categories:

aa): Heavily degraded land, including earlier agricultural areas, or
bb): heavily polluted areas.

The bonus of 29 g CO2eq/MJ shall apply for a period of up to ten years from the date of the conversion of the area into an agricultural area, provided that a continuous increase in the carbon stock and a significant decrease in the number of agricultural products are available. Erosion on land as defined in the first sentence of point (b) of the double letter (aa) shall be ensured and soil pollution on land shall be reduced in accordance with the double letter bb.

9.

The categories referred to in point 8, first sentence, point (b) shall be defined as follows:

a)

heavily degraded areas are areas,

aa): that have been salted over a longer period of time, or
bb): Very few organic substances have been added

and they're heavily eroded, and

b)

Heavily polluted areas are areas which are unsuitable for the cultivation of food and feed due to soil pollution.

The areas referred to in point 8 (1) (b) shall also apply to all the areas covered by a decision of the Commission of the European Communities pursuant to the fourth subparagraph of Article 18 (4) of Directive 2009 /28/EC or Article 7c (4). The fourth subparagraph of Directive 2009 /30/EC has been recognised as being severely damaged or heavily polluted.

10.

As soon as the Commission of the European Communities, by reason of the first sentence of Annex V, Part C, point 10, of Directive 2009 /28/EC or, in accordance with Annex IV, Part C, point 10, first sentence, of Directive 2009 /30/EC, guidelines for the calculation of the Soil carbon stock shall be based on the calculation of the soil carbon stock in accordance with this Appendix. The competent authority shall make known the contents of these guidelines in the Federal Gazette.

11.

The emissions during processing (ep) include emissions from processing itself, from waste and leaks, and in the manufacture of chemicals or other products used for processing. In taking into account the consumption of electricity not produced in the fuel production plant, it is assumed that the greenhouse gas emission intensity in the production and distribution of this electricity is the average. Emission intensity in the production and distribution of electricity in a given region. By way of derogation from the second sentence, the producers may use an average value for the electricity produced by a single power generation plant, provided that this system is not connected to the electricity grid.

12.

The emissions during delivery (etd) include emissions from the transport and storage of raw materials and semi-finished products, as well as in the storage and distribution of finished products. The first sentence shall not apply to emissions from transport and distribution, which shall be taken into account in accordance with point 6.

13.

The emissions of fuel use (EU) are set at zero for biofuels.

14.

The emission savings resulting from the capture and geological storage of carbon dioxide (eccs), which have not yet been taken into account in ep, will be limited to emissions resulting from the capture and sequestration of emitted carbon dioxide and which are directly linked to the extraction, transport, processing and distribution of the fuel.

15.

The emission savings from carbon capture and replacement (eccr) are limited to the emissions avoided by carbon capture, where the carbon is derived from biomass and instead of fossil fuels the use of carbon dioxide for industrial products and services.

16.

The emission savings from excess electricity from combined heat and power (eee) shall be taken into account in relation to the excess electricity generated by combined heat and power generation systems, except in cases where: which are used as fuel for other by-products as crop residues. In order to take account of this excess electricity, it is assumed that the size of the combined heat and power (CHP) plant corresponds to the minimum size required to provide the heat required for the production of the fuel. The reductions in greenhouse gas emissions associated with this excess electricity will be equated to the amount of greenhouse gas emitted in the production of a corresponding amount of electricity in a power plant using the same fuel like the CHP plant.

17.

Where, in the case of a process for the production of fuels, other products (by-products) are produced, in addition to the fuel for which the emissions are calculated, the greenhouse gas emissions accruing between the fuel or the fuel shall be: , the intermediate product and the by-products shall be distributed in accordance with their energy content. The energy content of other by-products is determined as electricity by the lower calorific value.

18.

For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el, + the shares of ep, etd and eee, which shall be obtained up to and including the procedural step in which a secondary product is produced. Where emissions have been assigned to by-products in an earlier stage of the process, the fraction of those emissions which have been assigned to the intermediate product in the last procedural step shall be used for that purpose instead of the total emissions. In the case of biofuels, all by-products, including electricity not falling under point 16, shall be taken into account for the purposes of the calculation, with the exception of crop residues, such as straw, bagasse, husks, cobs, and Nut shells. For the purposes of the calculation, the energy content of by-products with a negative energy content shall be zero. The life-cycle greenhouse gas emissions of waste, crop residues such as straw, bagasse, husks, corn cobs and nut shells, and Production residues including crude glycerol (not refined glycerine) shall be fixed at zero until these materials are collected. In the case of fuels manufactured in refineries, the analysis unit shall be used for the purposes of the calculation. according to number 17, the refinery.

19.

For the purposes of the calculation referred to in point 4, the reference value for fossil fuels shall be the actual average of greenhouse gas emissions from fossil petrol and diesel fuels currently available in accordance with Directive 98 /70/EC, European Communities. As long as this value is not yet available, for the purposes of the calculation referred to in point 4, the reference value for fossil fuels EF is 83.8 g CO2eq/MJ. Directive 98 /70/EC refers to Directive 98 /70/EC of the European Parliament and of the Council of 13 June 2000 on the European Parliament and of the Council Council Directive 93 /12/EEC on the quality of petrol and diesel fuels and amending Council Directive 93 /12/EEC (OJ 1998 L 327, p. 86, L 124, 25.5.2000, p. 66), which was last amended by Directive 2009 /30/EC (OJ L 327, 28.12.2009, p. 88), as amended, has been amended in the current version.

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Appendix 2 (to § 8 (4))
Default values for calculating greenhouse gas mitigation potential

(Fundstelle: BGBl. I 2009, 3203-3208;
with regard to individual changes, see Footnote)

1.

Default values for biofuels

a)

Sub-standard values for cultivation (eec as defined in Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	12
bb)	Ethanol from wheat	23
cc)	Ethanol produced from maize, produced in a Member State of the European Union	20
dd)	Ethanol from sugar cane	14
ee)	Biodiesel from rapeseed	29
ff)	Biodiesel from sunflower	18
gg)	ETBE, share from renewable sources	As with the Manufacturing route for ethanol
hh)	TAEE, share from renewable sources	As with the Manufacturing route for ethanol
ii)	Biodiesel from soybeans	19
jj)	Biodiesel from Palmöl	14
kk)	Biodiesel of vegetable or animal waste oil other than animal oils derived from animal by-products laid down in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 June 2002 on the protection of waste oils from animal by-products October 2002 laying down the health rules for animal by-products not intended for human consumption (OJ L 327, 30.12.2002, p. 1) to be classified as Category 3 material.	0
b)	hydrated rapeseed oil	30
mm)	hydrated sunflower oil	18
nn)	hydrated palm oil	15
oo)	pure rapeseed oil	30
pp)	(dropped)
qq)	(dropped)
rr)	Biogas from organic municipal waste as compressed natural gas	0
ss)	Biogas from liquid manure as compressed natural gas	0
dd)	Biogas from dry mist as compressed natural gas	0

b)

Sub-standard values for processing including electricity surplus (ep-eee as defined in Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	26
bb)	Ethanol from wheat (process fuel not specified)	45
cc)	Ethanol from wheat (lignite as process fuel in CHP plant)	45
dd)	Ethanol from wheat (natural gas as process fuel in conventional plant)	30
ee)	Ethanol from wheat (natural gas as process fuel in CHP plant)	19
ff)	Ethanol from wheat (straw as process fuel in CHP plant)	1
gg)	Ethanol produced from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)	21
hh)	Ethanol from sugar cane	1
ii)	ETBE, share from renewable sources	As with the Manufacturing route for ethanol
jj)	TAEE, share from renewable sources	As with the Manufacturing route for ethanol
kk)	Biodiesel from rapeseed	22
b)	Biodiesel from sunflower	22
mm)	Biodiesel from soybeans	26
nn)	Biodiesel from Palmöl (process fuel not specified)	49
oo)	Biodiesel from palm oil (processing with methane binding at the oil mill)	18
pp)	Biodiesel from vegetable or animal waste oil	13
qq)	hydrated rapeseed oil	13
rr)	hydrated sunflower oil	13
ss)	hydrated palm oil (process not specified)	42
dd)	hydrated palm oil (processing with methane binding at the oil mill)	9
uu)	pure rapeseed oil	5
vv)	(dropped)
ww)	(dropped)
xx)	Biogas from organic municipal waste as compressed natural gas	20
yy)	Biogas from liquid manure as compressed natural gas	11
zz)	Biogas from dry mist as compressed natural gas	11

c)

Sub-standard values for delivery (etd as defined in Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	2
bb)	Ethanol from wheat	2
cc)	Ethanol produced from maize, produced in a Member State of the European Union	2
dd)	Ethanol from sugar cane	9
ee)	Biodiesel from rapeseed	1
ff)	Biodiesel from sunflower	1
gg)	ETBE, share from renewable sources	As with the Manufacturing route for ethanol
hh)	TAEE, share from renewable sources	As with the Manufacturing route for ethanol
ii)	Biodiesel from soybeans	13
jj)	Biodiesel from Palmöl	5
kk)	Biodiesel from vegetable or animal waste oil	1
b)	hydrated rapeseed oil	1
mm)	hydrated sunflower oil	1
nn)	hydrated palm oil	5
oo)	pure rapeseed oil	1
pp)	(dropped)
qq)	(dropped)
rr)	Biogas from organic municipal waste as compressed natural gas	3
ss)	Biogas from liquid manure as compressed natural gas	5
dd)	Biogas from dry mist as compressed natural gas	4

d)

Total standard values for manufacture and delivery:

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	40
bb)	Ethanol from wheat (process fuel not specified)	70
cc)	Ethanol from wheat (lignite as process fuel in CHP plant)	70
dd)	Ethanol from wheat (natural gas as process fuel in conventional plant)	55
ee)	Ethanol from wheat (natural gas as process fuel in CHP plant)	44
ff)	Ethanol from wheat (straw as process fuel in CHP plant)	26
gg)	Ethanol produced from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)	43
hh)	Ethanol from sugar cane	24
ii)	Biodiesel from rapeseed	52
jj)	ETBE, share from renewable sources	As with the Manufacturing route for ethanol
kk)	TAEE, share from renewable sources	As with the Manufacturing route for ethanol
b)	Biodiesel from sunflower	41
mm)	Biodiesel from soybeans	58
nn)	Biodiesel from Palmöl (process fuel not specified)	68
oo)	Biodiesel from palm oil (processing with methane binding at the oil mill)	37
pp)	Biodiesel from vegetable or animal waste oil	14
qq)	hydrated rapeseed oil	44
rr)	hydrated sunflower oil	32
ss)	hydrated palm oil (process not specified)	62
dd)	hydrated palm oil (processing with methane binding at the oil mill)	29
uu)	pure rapeseed oil	36
vv)	(dropped)
ww)	(dropped)
xx)	Biogas from organic municipal waste as compressed natural gas	23
yy)	Biogas from liquid manure as compressed natural gas	16
zz)	Biogas from dry mist as compressed natural gas	15

e)

Greenhouse gas reduction compared to the fossil fuel reference fuel:

Production route of the biofuel default for the greenhouse gas reduction

aa)	Ethanol from sugar beet	52%
bb)	Ethanol from wheat (process fuel not specified)	16%
cc)	Ethanol from wheat (lignite as process fuel in CHP plant)	16%
dd)	Ethanol from wheat (natural gas as process fuel in conventional plant)	34%
ee)	Ethanol from wheat (natural gas as process fuel in CHP plant)	47%
ff)	Ethanol from wheat (straw as process fuel in CHP plant)	69%
gg)	Ethanol produced from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)	49%
hh)	Ethanol from sugar cane	71%
ii)	ETBE, share from renewable sources	As with the Manufacturing route for ethanol
jj)	TAEE, share from renewable sources	As with the Manufacturing route for ethanol
kk)	Biodiesel from rapeseed	38%
b)	Biodiesel from sunflower	51%
mm)	Biodiesel from soybeans	31%
nn)	Biodiesel from Palmöl (process fuel not specified)	19%
oo)	Biodiesel from palm oil (processing with methane binding at the oil mill)	56%
pp)	Biodiesel from vegetable or animal waste oil	83%
qq)	hydrated rapeseed oil	47%
rr)	hydrated sunflower oil	62%
ss)	hydrated palm oil (process not specified)	26%
dd)	hydrated palm oil (processing with methane binding at the oil mill)	65%
uu)	pure rapeseed oil	57%
vv)	Biogas from organic municipal waste as compressed natural gas	73%
ww)	Biogas from liquid manure as compressed natural gas	81%
xx)	Biogas from dry mist as compressed natural gas	82%

2.

Estimated default values for future biofuels which have not been on the market at the reference time, or only in negligible quantities

a)

Sub-standard values for cultivation (eec as defined in Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	3
bb)	Ethanol from waste wood	1
cc)	Ethanol from cultivated wood	6
dd)	Fischer-Tropsch-Diesel from waste wood	1
ee)	Fischer-Tropsch-Diesel from Kulturholz	4
ff)	Dimethyl ether (DME) from waste wood	1
gg)	DME from Kulturholz	5
hh)	Methanol from waste wood	1
ii)	Methanol from cultivated wood	5
jj)	MTBE, share from renewable sources	As with the Manufacturing route for methanol

b)

Sub-standard values for processing including electricity surplus (ep-eee according to Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	7
bb)	Ethanol from wood	17
cc)	Fischer-Tropsch-Diesel from wood	0
dd)	DME of wood	0
ee)	Methanol from wood	0
ff)	MTBE, share from renewable sources	As with the Manufacturing route for methanol

c)

Sub-standard values for delivery (etd as defined in Appendix 1):

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	2
bb)	Ethanol from waste wood	4
cc)	Ethanol from cultivated wood	2
dd)	Fischer-Tropsch-Diesel from waste wood	3
ee)	Fischer-Tropsch-Diesel from Kulturholz	2
ff)	DME from waste wood	4
gg)	DME from Kulturholz	2
hh)	Methanol from waste wood	4
ii)	Methanol from cultivated wood	2
jj)	MTBE, share from renewable sources	As with the Manufacturing route for methanol

d)

Total standard values for manufacture and delivery:

Production route of the standard biofuel driving greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	13
bb)	Ethanol from waste wood	22
cc)	Ethanol from cultivated wood	25
dd)	Fischer-Tropsch-Diesel from waste wood	4
ee)	Fischer-Tropsch-Diesel from Kulturholz	6
ff)	DME from waste wood	5
gg)	DME from Kulturholz	7
hh)	Methanol from waste wood	5
ii)	Methanol from cultivated wood	7
jj)	MTBE, share from renewable sources	As with the Manufacturing route for methanol

e)

Greenhouse gas reduction compared to the fossil fuel reference fuel:

Production route of the biofuel default for the greenhouse gas reduction

aa)	Ethanol from Weizenstroh	85%
bb)	Ethanol from waste wood	74%
cc)	Ethanol from cultivated wood	70%
dd)	Fischer-Tropsch-Diesel from waste wood	95%
ee)	Fischer-Tropsch-Diesel from Kulturholz	93%
ff)	DME from waste wood	95%
gg)	DME from Kulturholz	92%
hh)	Methanol from waste wood	94%
ii)	Methanol from cultivated wood	91%
jj)	MTBE, share from renewable sources	As with the Manufacturing route for methanol

3.

(dropped)

Unofficial table of contents

Appendix 3 (to § 33 (1), § 43 (1))
Content requirements for certification systems

(Fundstelle: BGBl. I 2009, 3211-3212;
with regard to individual changes, see Footnote)

1.

Certification systems shall contain at least a set of rules

a)

the requirements laid down in § § 4 to 8 for the production and supply of biofuels, taking into account a mass balance system in accordance with § 16, more closely defined, implemented and in the case of interfaces, the cultivation and other holdings as well as the supplier;

b)

what requirements the interfaces, including all those directly or indirectly involved in the production or supply of biomass or of biofuels, which are not themselves an interface for the fulfilment of the requirements of the requirements of the Regulation, in particular:

aa): which documents they must submit to the certification body for proof that they meet the requirements laid down in § § 4 to 8,
bb): the content and scope of the documentation in accordance with section 26 (1) point 4 must have, how the risk of incorrect documentation is assessed in the "high", "medium" and "low" levels, and how the interfaces and other establishments are independent of Section 39 (3) shall be obliged to treat the documentation confidentially and not to make it accessible to third parties,
cc): what data need to be measured for the calculation of the greenhouse gas mitigation potential in accordance with § 8 and how exactly these data must be;
dd): as in the case where a certification body determines that an establishment or an interface does not or no longer meet the requirements of this Regulation, it shall be ensured that the establishment or interface shall be measures shall be sanctioned and, in particular, the provision of information to all other certification bodies and interfaces for which this information is essential may be used as a suitable sanction; and
ee): which procedures must apply interfaces pursuant to § 15 (3) to the issue of sustainability certificates;

c)

what requirements must be met by the certification bodies designated to monitor the requirements of this certification system, in particular:

aa): how they must demonstrate compliance with the requirements laid down in Section 43 (1) (2),
bb): which procedures they must apply to issue certificates; and
cc): how they have to control the interfaces, the plants in which the biomass is grown or harvested, and the suppliers in accordance with § § 49 to 51;

d)

what further measures are envisaged for transparency and prevention of abuse and fraud;

e)

that the certification bodies and the interfaces that have committed themselves to meet the requirements of this certification system, including all those relating to the production or supply of biofuels, are directly or indirectly affected by the certification bodies; Undertake in writing, in writing, undertakings which are not themselves an interface,

aa)

the requirements of this certification system and, in the case of an interface, the requirements laid down in Article 26 (1);

bb)

in the case of a certification body, employees of the competent authority and their agents, and, in the case of an interface and all of it, directly or indirectly with the manufacture or supply of biofuels to grant the right to employees of a certification body designated by this certification system,

aaa): during the business or operating period, entering land, commercial, operating and storage rooms as well as means of transport,
bbb): making visits,
ccc): to inspect, examine and make copies of all business documents in writing and in electronic form,
ddd): to request the necessary information and
eee): Rehearsals;

this right shall apply to all places where the certification body or the interface in connection with the manufacture or supply of biofuels for which a sustainability certificate is issued under this Regulation shall be subject to: engage in activity, and

f)

to which countries or States the requirements referred to in points (a) to (e) apply.

2.

Certification systems must ensure that compliance with the requirements laid down in this Regulation does not entail disproportionate costs for small-scale farms, producer organisations and cooperatives. For this purpose, they may, in justified cases, derogate from the requirements of Part 3 of this Regulation.

3.

Certification systems may contain regulations on the use of an electronic database for the verification of compliance with the requirements of § § 16 and 17.

4.

The Federal Ministry of Finance may meet the requirements set out in points 1 to 3 in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry for the Environment, Nature Conservation and Food Safety, and Determine reactor safety by means of a reference system and make it known as an administrative provision in the Federal Gazette (Bundesanzeiger). The first sentence shall not apply to the information provided by the Commission of the European Communities for the purposes of the third subparagraph of Article 18 (3) of Directive 2009 /28/EC and Article 7 (3), third subparagraph of Directive 2009 /30/EC , the economic operators will be required to provide the information to the Member States of the European Union.