Regulation On Requirements For A Sustainable Production Of Biofuels

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/biokraft-nachv/BJNR318200009.html

Regulation on requirements for a sustainable production of biofuels (biofuel sustainability Ordinance biofuels-NachV) biofuels-NachV Ausfertigung date: 30.09.2009 full quotation: "biofuel sustainability Ordinance of September 30, 2009 (BGBl. I S. 3182), most recently by article 2 of the law of 20 November 2014 (BGBl. I S. 1740) has been changed" stand: last amended by article 2 G v. 20.11.2014 I 1740 for details on the stand number you find in the menu under notes *) this regulation serves the implementation of the directive 2009/28/EC of the European Parliament and of the Council of 23. April 2009 to promote the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC (OJ OJ L 140 of the 5.6.2009, p. 16), as well as the implementation of the 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 oil fuels and the introduction of a system to monitor and reduce greenhouse gas emissions and amending Directive 1999/32/EC of the Council with regard to the specifications for fuels used by inland vessels and repealing Directive 93/12/EEC () OJ OJ L 140 of the 5.6.2009, p. 88). The obligations under the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ L 204 of the 21.7.1998, p. 37), most recently by Directive 2006/96/EC (OJ L 363 of 20.12.2006, p. 81) is has been modified to comply.
Footnote (+++ text detection from: 2.11.2009 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 28/2009 (CELEX Nr: 32009 L 0028) EGRL 30/2009 (CELEX Nr: 32009 L 0030) attention EGRL 34/98 (CELEX Nr: 398 L 0034) +++) input formula's Decree - the Federal Government after consultation with the interested parties on the basis of 37d paragraph 2 number 3 and 4 of the Federal Immission Control Act, by article 3 paragraph 4 of the law of December 18, 2006 (BGBl. I S. 3180) inserted and of which section 37d, subsection 2, paragraph 3 by Article 1, point 6 2(a) of the Act to amend the promotion of biofuels by July 15, 2009 (BGBl. I p. 1804) is changed, the Federal Ministry of finance in agreement with the Federal Ministry of food, agriculture and consumer protection, the Federal Ministry for 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 article 66, paragraph 1 number 11 a letter a and b of the energy tax act , by article 1, point 11 of the law of December 18, 2006 (BGBl. I S. 3180) inserted and which section 66 paragraph 1 number 11 a letter a through article 2 number 4 of the Act to amend the promotion of biofuels by July 15, 2009 (BGBl. I p. 1804) is changed, the Federal Ministry of finance in agreement with the Federal Ministry for the environment , Nature conservation and nuclear safety on the basis of article 66, paragraph 1 number 11 b of the energy tax Act and 37d paragraph 3 number 2 of the Federal Immission Control Act, of which section 66 paragraph 1 number 11 b of the energy tax act through article 1, point 12 and section 37d of the Federal Immission Control Act through article 3 paragraph 4 of the law of December 18, 2006 (BGBl. I S. 3180) are been inserted 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 § 66a of the energy tax Act and of section 37e of the Federal Immission Control Act, of which section 66a of the energy tax law by article 2 number 5 and § 37e of the Federal Immission Control Act through article 1, point 7 of the Act to amend the promotion of biofuels by July 15, 2009 (BGBl. I p. 1804) have been added: table of contents Part 1 General provisions § 1 scope article 2 definitions Part 2 sustainability requirements section 3 recognition of bio-fuel section 4 protection of surfaces with high nature value § 5 protection from land with high carbon stocks § 6 protection of peat bog § 7 sustainable agricultural management § 8 greenhouse gas reduction potential § 9 (dropped out) § 10 (fallen away) part 3 detection section 1 General provisions article 11 proof of compliance with the requirements of § 12 more evidence § 13 transmission of evidence to the competent authority of section 2 sustainability evidence § 14 recognized evidence § 15 delivery of sustainability certificates section 16 of exhibition on the basis of mass balance systems article 17 delivery for reason of mass balance systems § 18 missing content and form of sustainability evidence article 19 supplementary Information article 20 ineffectiveness of sustainability evidence § 21 of further consequences of missing or insufficient information section 22 more recognized recognised sustainability evidence due to the biomass electricity sustainability regulation § 23 sustainability evidence § 24 sustainability part of evidence section 3 certificates for interfaces section 25 recognised certificates section 26 certificates section 27 contents of the certificates section 28 episodes missing information § 29 validity of certificates article 30 recognised certificates because biomass electricity sustainability regulation § 31 more recognized certificates section 4 section 32 certification systems recognized certification schemes article 33 recognition of certification systems § 34 mechanism for the recognition of section 35 content of recognition section 36
Subsequent changes in the recognition section 37 lapse the recognition section 38 revocation of recognition of § 39 reports and communications section 40 accredited certification systems to reason the biomass electricity sustainability Ordinance section 41 more recognized certification systems section 5 certification authorities under section 1 recognition of certification authorities section 42 recognized certification authorities § 43 recognition of certification authorities section 44 mechanism for the recognition of article 45 content of recognition section 46 lapse the recognition section 47 withdrawing recognition under section 2 duties of certification authorities section 48 run interface directories § 49 control of the interfaces section 50 control of cultivation of § 51 control of cultivation at sustainable agricultural management § 52 reports on controls section 53 more reports and communications section 54 storage, dealing with information under section 3 monitoring of certification authorities article 55 controls and measures under section 4 more recognized certification authorities article 56 recognized certification authorities due to the biomass electricity sustainability Ordinance § 57 more recognized certification authorities section 6 special and transitional provisions for the detection of § 58 proof by environmental experts and environmental verifiers section 59 evidence through preliminary recognitions part 4 data collection and processing , Reporting obligations, administrative procedures section 60 information register § 61 data matching § 62 right to information the competent authority § 63 reporting obligation of the competent authority § 64 reporting obligation of the Federal Ministry for environment, nature conservation and reactor safety section 65 data delivery § 66 jurisdiction section 67 proceedings before the competent authority § 68 patterns and forms section 69 outdoor traffic part 5 transitional and final provisions article 70 transitional provision of § 71 entry into force annex 1 (to article 8 paragraph 3): method to the calculation of the greenhouse gas reduction potential based on actual values annex 2 (to § 8 para 4) : Default values for calculating the greenhouse gas reduction potential annex 3 (to article 33, paragraph 1, article 43, paragraph 1): content requirements for certification systems part 1 General provisions article 1 scope this Regulation applies to 1. the fulfilment of the legal obligation under § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 3a of the Federal Immission Control Act, to bring a certain minimum proportion of biofuels in traffic in the course of the calendar year , and 2 the tax relief ability of biofuels according to section 50 of the energy tax act.

Article 2 definitions (1) biofuels within the meaning of this regulation are liquid or gaseous fuel for transport produced from biomass. Biomass within the meaning of this regulation is biomass in the biomass regulation of 21 June 2001 (Federal Law Gazette I p. 1234), by regulation of 9 August 2005 (BGBl. I S. 2419) is has been modified in the currently valid version.
(2) production within the meaning of this regulation includes all steps from the cultivation of the necessary biomass, especially of plants, to the processing of liquid and gaseous biomass on the level of quality that is required for use as a fuel.
(3) interfaces within the meaning of this regulation are 1 enterprises and establishments (establishments), the required for the production of biofuels biomass a) for the first time by the companies that cultivate these biomass and harvest, or b) in the case of wastes and residues for the first time by the companies or private households, where are the wastes and residues, for the purpose of wide erhandelns record, 2 mills and 3 companies , prepare the liquid or gaseous biomass to the required quality level for use as bio-fuel or that are made of the used biomass biofuels.
(4) environmental experts and environmental verifiers are defined in this regulation
1. persons or organisations, after the Umweltauditgesetz as amended by the notice of 4 September 2002 (BGBl. I S. 3490), most recently by article 11 of the Act of March 17, 2008 (BGBl. I p. 399) is changed, in the currently valid version for the area, agriculture or forestry as the environmental expert, environmental verifiers, or environmental expert organisation must be active, and 2. other environmental experts , Environmental experts and environmental expert organisations, provided that they are approved in another Member State of the European Union or in another Contracting State to the agreement on the European economic area for the area of agriculture or forestry or a comparable area, in accordance with the § 18 of the Umweltauditgesetzes.
(5) certificates within the meaning of this regulation are conformity certificates about interfaces including all of them with the production or transport and distribution (delivery) of the biomass directly or indirectly concerned enterprises to meet the requirements under this regulation.
(6) CAs are independent natural or legal persons who in a recognized certification system 1 issue certificates for interfaces, if they meet the requirements under this regulation, and the requirements under this regulation by enterprises, interfaces and suppliers control 2. within the meaning of this regulation.
(7) certification systems are systems that are organizationally to ensure compliance with the requirements under this regulation for the manufacture and supply of biomass and biofuels and in particular standards for determining detailed requirements included under this regulation, the proof of their fulfilment and controlling that evidence within the meaning of this regulation.
(8) organic fuel ratio point is the competent authority in the sense of § 37d paragraph 1 of the Federal Immission Control Act, which monitors compliance with the commitment to bring a minimum share of biofuels in transport, within the meaning of this regulation.
(9) nachweispflichtige or Nachweispflichtiger within the meaning of this regulation is 1 or the debtor after the Federal Immission Control Act, or the compliance with the statutory obligation in the course of the calendar year a certain minimum percentage of biofuels in the transport is to bring, or 2. the- or the one, that, or the a tax relief for biofuels under the energy tax act.
(10) waste within the meaning of this regulation are waste within the meaning of § 7 paragraph 1 sentence 1 No. 1 of the regulation on the implementation of the rules of bio fuel ratio by January 29, 2007 (BGBl. I S. 60), most recently by article 1 of the Decree of November 26, 2012 (BGBl. I S. 2363) is has been modified in the currently valid version.
(11) residues are waste within the meaning of this regulation in the sense § 7 paragraph 4 of the Ordinance for the implementation of the rules of bio fuel quota.
Part 2 sustainability requirements section 3 are (1) biofuels recognition of bio-fuels on the fulfilment of the legal obligation to the Federal Immission Control Act, in the course of the calendar year certain to bring credit, if 1 the requirements for a minimum percentage of biofuels on the market) the protection of natural habitats to the §§ 4 to 6 and b) sustainable agricultural management have been fulfilled according to § 7 and they have 2. the greenhouse gas reduction potential of § 8.
Sentence 1 shall apply accordingly for the tax relief ability of biofuels under the energy tax act.
(2) for the assessment of the requirements for the protection of natural habitats to the §§ 4 to 6 reference time 2008 January 1 if there is no sufficient data with which the fulfilment of the requirements for that day can be demonstrated, can be selected as the reference date in January 2008 another day.
(3) paragraph 1 shall apply for biofuels, which are manufactured in the Member States of the European Union, as well as for biofuels, which are imported from countries which are not Member States of the European Union (third countries), unless otherwise stated in the following terms.
(4) paragraph 1 section 1 does not apply 1 set for biofuels, which are produced from waste or residues, unless unless the residues come from agriculture, forestry and fisheries or aquaculture.

§ 4 protection of areas with high conservation value (1) biomass, which is used for the production of biofuels may from areas with a high value for the biological diversity non.
(2) all faces that had the reference date or later following status, regardless of considered surfaces with a high value for the biodiversity if the surface still have this status: 1 wooded 4 paragraph areas pursuant to paragraph 3, 2. serving conservation purposes land after or 3 green country with great biological diversity referred to in paragraph 5 (3) forested areas are 1 primary forests and 2 other natural surfaces , a) that are covered with native tree species, b) where there are no clearly visible indications of human activity and c) in which the ecological processes are not significantly disturbed.
(4) areas serving purpose of conservation are areas that have been designated by law or by the competent authority for nature protection purposes. If the Commission of the European communities on the basis of article 18 paragraph 4 paragraph 2 sentence 3 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 to promote the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC (OJ OJ L 140 of the 5.6.2009, p. 16) or on the basis of article 7 c paragraph 4, indent 2, sentence 3 of the 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 oil fuels and the introduction of a system for the monitoring and reduction of greenhouse gas emissions and amending Directive 1999/32/EC of the Council with regard to the specifications for used by inland waterway Fuels and repealing Directive 93/12/EEC (OJ L 140 of the 5.6.2009, p. 88) areas for the protection of rare, threatened or endangered ecosystems or species, the 1st international agreements are recognised or 2 in the intergovernmental organizations or the International Union for the conservation of nature listed, for the purposes of article 17 paragraph 3 letter b, point ii of Directive 2009/28/EC or for the purposes of article 7 b of paragraph 3 letter b number recognizes ii of Directive 2009/30/EC , are also considered conservation purposes serving surfaces these surfaces. Paragraph 1 shall not apply if cultivation and harvesting of biomass does not run counter to these conservation purposes.
(5) green land with high biodiversity is green country, without intervention by humans 1 would remain grassland and the natural species composition and ecological characteristics and processes are intact (natural grassland), or 2. would be no grassland that is species-rich and not degraded (artificially created green country), unless, of course, that the harvest of biomass to maintain the grassland status is required.
In particular areas, are considered green country with great biological diversity the the Commission of the European communities on the basis of article 17 paragraph 3 subparagraph 2 of Directive 2009/28/EC or set pursuant to article 7 b of paragraph 3 subparagraph 2 of Directive 2009/30/EC as such. By the Commission for the determination of natural or artificially created green land on the basis of article 17 paragraph 3 subparagraph 2 of Directive 2009/28/EC or pursuant to article 7 b of paragraph 3 subparagraph 2 of Directive 2009/30/EC established criteria are taken into account in the interpretation of sentence 1.

Article 5 protection from land with high carbon stocks (1) biomass, which is used for the production of biofuels may from areas with a high population of above-ground or underground carbon non.
(2) all faces that had the reference date or later following status and no longer have that status at the time of cultivation and harvesting of biomass considered surfaces with a high above ground or underground carbon stock: 1. wetlands after paragraph 3 or 2. continuously forested areas referred to in paragraph 4 (3) wetlands are areas that are constantly or for a significant part of the year is covered by water or saturated. All wetlands are considered wetlands, in the list of international of important wetlands under article 2 paragraph 1 of the Convention on wetlands on February 2, 1971, in particular as a Habitat for water birds and Charadriiformes of international importance (BGBl. 1976 II p. 1265) have been recorded.
(4) continuously forested areas are areas of more than 1 hectare with about 5 meters tall trees and 1 with a canopy cover of more than 30 percent, or with trees, which can reach these values on the site, or 2 with a canopy cover of 10 to 30 percent or with trees, which can reach these values on location , except that the area has such a carbon stock before and after the conversion, that the biofuel is the greenhouse gas reduction potential according to § 8 paragraph 1 also in a calculation according to article 8 paragraph 3.

Article 6 protection of peat bog
(1) biomass, which is used for the production of biofuels must not collected from were to the reference date or later peat bog.
(2) paragraph 1 does not apply if have required no drainage of land cultivation and harvesting of biomass.

§ 7 sustainable agricultural management of the cultivation of biomass for the purpose of the production of biofuels must in agricultural activities in a Member State of the European Union 1 in accordance with the provisions in annex II number 1 to 5 and 9 of Regulation (EC) No 73/2009 of 19 January 2009 laying common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ OJ L 30 of the 31.1.2009, p. 16) are listed, and 2. in accordance with the minimum requirements for good agricultural and environmental condition within the meaning of article 6 (1) of Regulation (EC) No. 73/2009 take place.

§ 8 greenhouse gas reduction potential (1) bio-fuels need to have a greenhouse gas reduction potential of at least 35 percent. This value increases 1 on 1 January 2017 on at least 50% and 2nd on the 1 January 2018 to at least 60 percent, provided that the interface number 2 and 3, which has produced the biofuel, according to § 2 paragraph 3 has been taken after 31 December 2016 in operation.
(2) paragraph 1 sentence 1 is only to comply from 1 April 2013, if the interface which has produced the biofuel has been taken before January 23, 2008, in operation. Interface within the meaning of sentence 1 and paragraph 1 sentence 2 number 2 is 1 in the case of vegetable oil mill, 2. in the case of biodiesel the esterification plant, 3. in the case of hydrogenated vegetable or animal oils the hydrogenation plant respectively 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 after § 2 paragraph 3 number 3 (3) the calculation of the greenhouse gas reduction potential is based on actual values after the Methodology set out in annex 1. The actual values of greenhouse gas emissions are to determine exactly data to measuring. Measurements of data than just recognised, if they recognized certification system or 2 a scheme, the a in particular in accordance with 1 one under this Regulation) the Commission of the European communities on the basis of article 18 paragraph 4 subparagraph 2 sentence 1 or paragraph 3 of Directive 2009/28/EC, or b) the competent authority has recognized as the basis for the measurement of accurate data , are performed. The competent authority discloses the rules pursuant to sentence 3 number 2 by separate writing in the Federal Gazette.
(4) in the calculation of the greenhouse gas reduction potential pursuant to paragraph 3 may that listed default values wholly or partly for the formula in Appendix 1 number 1 be used in Appendix 2, with the default values in annex 2 number 2 letter s only then can be used 1 letter e and number, unless the el value calculated according to annex 1 number 7 is nothing less than or equal. Sentence 1 shall apply for the part of default values in annex 2 number 1 letter a and number 1 letter e only if 1 the biomass of a) outside the Member States of the European Union or b) is has been built in the Member States of the European Union in areas, (2) of Directive 2009/28/EC listed in a list referred to in article 19, or 2. the biofuels are produced from waste or residual materials , unless the residues come from agriculture or fishing or aquaculture.
(5) if the Commission of the European communities annex V, part C or D of the directive 2009/28/EC on the basis of article 19 adjusts paragraph 7 of this directive or the annex IV part C or D of the directive 2009/30/EC on the basis of article 7 d (7) this directive to technical and scientific progress, the changes also in the calculation of the greenhouse gas reduction potential according to the are to apply paragraphs 3 and 4.

§ 9 (dropped out) § 10 (fallen away) part 3 detection section 1 General provisions article 11 proof of compliance with the requirements Nachweispflichtige must to meet the statutory obligation to the Federal Immission Control Act, to bring a certain minimum percentage of biofuels on the market, in the course of the calendar year compared to the bio fuel rate site demonstrate that the requirements of article 3 paragraph 1 are met. The verification is done through the presentation of proof according to § 14 sentence 1 shall apply for claiming the tax relief for biofuels under the energy tax act accordingly.

§ 12 more evidence additional evidence that the requirements of article 3 paragraph 1 are met, may not be required for the fulfilment of commitments to the Federal Immission Control Act, to bring a certain minimum percentage of biofuels in the course of a calendar year in the transport. Sentence 1 applies accordingly for the granting of tax relief for biofuels after the energy tax act.

Without delay to the competent authority in writing submit article 13 transmission of evidence to the competent authority must Nachweispflichtige copies of evidence pursuant to section 11, which put forward the bio fuel rate site or the main Customs Office for verification.
Section 2 sustainability evidence § 14 are recognised certificates recognized proof of compliance with the requirements according to sections 4 to 8: 1 evidence of sustainability, as long and as far as them after section 15 or section 24 have been issued are, 2. sustainability evidence pursuant to § 22, 3. sustainability evidence according to section 23 and 4 certificates of environmental experts and environmental verifiers under § 58 paragraph 1.

§ 15 exhibition sustainability guarantees of (1) interfaces can for biofuels, which have produced it, issue a certificate of sustainability, if they have 1 a certificate which is recognised under this regulation and which is valid on the date of issue of the proof of sustainability, 2. them their upstream interface a) each present a copy of their certificates, which are recognized under this regulation and at the time of manufacture in the interface , Processing or other step of biomass were valid, b) confirm that the requirements have been fulfilled according to the sections 4 through 7 in the production of biomass, and c) in grams of carbon dioxide equivalent per megajoule biomass or biofuel (g CO2eq/MJ) greenhouse gas emissions specify, through them, all of them with the manufacture or delivery of biomass directly or indirectly concerned companies , which are not even an interface in the manufacture and supply of biomass have been caused, as far as must be aware for the calculation of the greenhouse gas reduction potential according to § 8, 3. the origin of the biomass of their attachment to the interface at least with a mass balance system is proven, that meets the requirements of section 16, and bio-fuel the greenhouse gas reduction potential after section 8 has 4.
(2) the exhibition must be a certification system, which is recognised under this regulation.
(3) for the issue of sustainability guarantees only interfaces are entitled, which no other interface is downstream.

Exhibition on the basis of retail payments systems (1) the origin of the biomass continuously for the production to prove § 16, mass balancing systems must be used, that meet at least the requirements referred to in paragraph 2.
(2) mass balancing systems must ensure that 1 in the case of a mixture of biomass with other biomass, which complies with the requirements of this regulation, a) the amount of biomass that pursuant to this Regulation meets the requirements and is added to this mixture, is recorded in advance and b) the amount of the biomass, which is taken from the mixture and this regulation should serve as biomass , is not higher than the amount referred to in a, and 2. in the case of a mixture of different amounts of a) biofuels, which are made of one or more interfaces according to § 15 paragraph 3 and exhibit different greenhouse gas reduction potential, this greenhouse gas reduction potential, offset only if all quantities, which shall be annexed to the mixture before mixing have demonstrated the greenhouse gas reduction potential according to § 8, or b) biomass , the for the production of biofuels pursuant to this regulation is used and still no proof of sustainability have been issued for the and exhibit different greenhouse gas emissions, these greenhouse gas emissions are offset only if all quantities that are added to the mixture before mixing have demonstrated the value, which has been set for this production step 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 number 2 letter b double letter bb are to derive from the standard values according to annex 2 and to make known by separate letter in the Federal Gazette. They apply only if the Commission of the European communities has published values for each step of the production in the official journal of the European Union.
(4) further requirements in certification systems that are fully or partially exclude the blending of biofuels with other biomass, shall remain unaffected.

Delivery on the basis of retail payments systems (1) the origin of biofuels by the interface, which issued the sustainability evidence to prove article 17, must 1 bio-fuels supplied by this interface up to the all only through suppliers, documenting the delivery of biofuels in a mass balance system that meets the requirements of article 16, paragraph 2, and 2. the control of the fulfillment of the request referred to in point 1 be ensured.
(2) the requirements shall be deemed referred to in paragraph 1, if 1 all suppliers have committed themselves, the requirements of one under this regulation accepted certification system to meet unless contains also requirements for the supply of biofuels, or 2. all suppliers have they receive receipt and the deployment of biofuels including proof of sustainability as well as the location and the date on which these biofuels or passed , have documented in one of the following electronic databases: a) the database of a certification system, if refers to the recognition of the certification system according to § 33 paragraph 2 on the operation or the use of this database, or b) the database of a certification authority or of other legal or natural person, unless she; been made known to the fulfilment of the requirements referred to in paragraph 1 by the competent authority in the Federal Gazette as recognised proof
in public interest, a database can be operated by the competent authority; the legitimate interests of economic operators, in particular their business and trade secrets, are to maintain.
(3) the requirements referred to in paragraph 1 shall be deemed also, if 1 all suppliers of the receipt and the deployment of biofuels including proof of sustainability as well as the location and the date, they have received these bio-fuels or passed on, document in an electronic database, and 2. the mass balancing system of all suppliers regular checks by the main customs offices for reasons of fiscal surveillance after the energy tax law or monitoring the obligation according to the Federal Immission Control Act , is to bring a certain minimum proportion of biofuels in traffic, in the course of the calendar year.
(4) the main customs offices shall forthwith inform the competent authority of the outcome of the audits referred to in paragraph 3 to confirm number 2 (5) which is meeting the requirements referred to in paragraph 1 by the supplier that delivers the biofuel on the all in the proof of sustainability.

§ 18 contents and form of evidence of sustainability (1) proof of sustainability must contain at least the following information: 1. the name and address of the issuing interface, 1a.
the date of issue, 2. a unique verification number which is composed at least of the certificate number of the issuing interface and a number to be awarded once by this interface, 3 the name of the certification system, in which the sustainability certificate has been issued, 4. the amount and the type of biofuels sustainability evidence refers, 5. the confirmation that, proof of sustainability refers to bio-fuels , meet the requirements according to sections 4 to 8, including a) in the case of § 8 paragraph 2 of indicating that the interface number 2 or 3 prior to January 23, 2008, in operation has been taken according to § 2 paragraph 3, or b) the following information: aa) of the energy content of biofuels in mega joules, bb) the greenhouse gas emissions of the manufacture and supply of biofuels in grams of CO2-equivalent per megajoule biofuel (g CO2eq/MJ) , cc) the comparison value for fossil fuels that has been used for the calculation of the greenhouse gas reduction potential according to Appendix 1, and dd) the countries or States, biofuels can; be used where This information can include the entire area would can be delivered in that bio-fuels and in which they used, without manufacturing and supplying greenhouse gas emissions fall below the greenhouse gas reduction potential according to § 8, 6 the name and address of the supplier, the biofuels are propagated to the, and 7 that confirmation of the last suppliers (2) proofs of sustainability must according to § 17 paragraph 5 be issued in written form.
(3) evidence of sustainability must be brought to the bio fuel rate site or the main customs office in the German language.

§ 19 supplement of missing information information contained contrary to § 18 paragraph 1 not in a proof of sustainability that can be worn after only 1 through the interface, which issued the proof of sustainability or 2nd by a certification authority that is recognised under this regulation.

Article 20 ineffectiveness of sustainability evidence of (1) proof of sustainability are ineffective if 1 a it more details according to § 18 paragraph 1 with the exception of number 5 dd not contain letter b double letter, 2. they are fake or an incorrect indication 3. not or no longer valid was included, the certificate of the issuing interface to the date of issue of the proof of sustainability, 4. issued proof of sustainability or the certificate of the issuing a certification system interface has been , that doesn't was recognized at the time of the issue of the proof of sustainability or certificate pursuant to this regulation, or 5 the certificate of the issuing CA interface has been issued, which doesn't was recognized at the time of issue of the certificate pursuant to this regulation.
(2) in the case of paragraph 1, the biofuels in accordance with § 3 are number 2 to recognise if 1 the all that inaccuracy of the information were not known and he also when applying the usual traffic that would do not see inaccuracy, and 2. the certificate of the issuing interface to the date of issue of the proof of sustainability was valid.

Article 21 further consequences of missing or insufficient information (1) a sustainability certificate contains details supplied to the greenhouse gas reduction potential not the comparison value for use, bio-fuels are used for its purpose, that or the Nachweispflichtige to meet must prove the statutory obligation to the Federal Immission Control Act, to bring a minimum percentage of biofuels in the course of a calendar year on the market, compared with the bio fuel rate site that bio-fuels are the greenhouse gas reduction potential with this use. The competent authority can make a method known to the conversion of greenhouse gas reduction potential for various uses in the Federal Gazette. Sentences 1 and 2 shall apply mutatis mutandis if the or the Nachweispflichtige at the main Customs Office requested a tax exemption for biofuels under the energy tax act.
(2) a proof of sustainability does not contain specification § 18 paragraph 1 number 5 letter b double letter dd or is the bio-fuel in a country or region according to § 18 paragraph 1 No. 5 letter b double letter dd in traffic brought, must or the Nachweispflichtige opposite the bio fuel rate site prove that the biofuel is the greenhouse gas reduction potential even in a business in this State or this country. Sentence 1 applies accordingly for claiming the tax relief for biofuels, according to the energy tax act.

Article 22 recognized sustainability evidence the biomass electricity sustainability Ordinance due to (1) proof of sustainability are also considered recognized, as long as and as far as she's on the basis of the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (BGBl. I p. 2174) are recognized in the currently valid version.
(2) by way of derogation from paragraph 1 sustainability evidence not considered accepted once a template is done according to the provisions of the regulation referred to in paragraph 1, the network operator, except that for liquid biomass or bio-fuels, proof of sustainability refers, a simultaneous promotion is possible according to the renewable energies Act and the energy tax act.
(3) articles 20 and 21 shall apply accordingly.

Article 23 other recognized proof of sustainability (1) proof of sustainability are also considered recognized, as long as and to the extent 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 evidence, that the requirements have been met pursuant to article 17 paragraph 2 to 6 of Directive 2009/28/EC or under article 7 b of paragraph 2 to 6 of Directive 2009/30/EC , and if they have been issued 1 by the authority which is responsible in that Member State for the verification, 2. the authority that has been recognized by the authority for the verification referred to in point 1, or 3.
by other bodies, certifying with the national accreditation body of the Member State on the basis of general criteria for places, the products is accredited for the verification.
(2) if the Commission of the European communities on the basis of article 18 paragraph 4 subparagraph 1 sentence 2 of the directive 2009/28/EC or under article 7 c paragraph 4 subparagraph 1 sentence 2 of the directive 2009/30/EC decides that the sustainability requirements for the production of biomass in a bilateral or multilateral treaty, which the European Community has concluded with a third country , meeting the requirements of sustainability pursuant to article 17 paragraph 2 to 5 of Directive 2009/28/EC or under article 7 b of paragraph 2 to 5 of Directive 2009/30/EC, compliance with the requirements to the §§ 4-8 also through proof of sustainability can be demonstrated, which indicates that the biomass in this third country has been established. The rest are the provisions of the bilateral or multilateral treaty for the evidence to be observed.
(3) irrespective of paragraph 2, the requirements according to sections 4 to 8 by sustainability evidence of the body designated in the contract can be proven in the production of biomass in a third country which has concluded a bilateral or multilateral agreement on the sustainable production of biomass, with the European Community, if and as far as the contract compliance with the requirements of article 17 paragraph 2 to 5 of Directive 2009/28/EC or under article 7 b of paragraph 2 to 5 of Directive 2009/30/EC establishes or provides such a finding. If no place is named in this agreement, certificates are recognized as proof number 1 to 3 are issued by the authorities of the third country according to paragraph 1.
(4) § 21 shall apply mutatis mutandis.

§ 24 sustainability part of evidence (1) the competent authority issuing for quantities of biofuels that are already a sustainability certificate has been issued, at the request of the owner or of the holder of the proof of sustainability sustainability evidence of part of. The application must be electronically. The sustainability part certificates are issued immediately and electronically. Article 18, paragraph 1 shall apply accordingly.
(2) paragraph 1 shall for quantities of biofuels, for which already a partial proof of sustainability has been issued, apply mutatis mutandis.
(3) values for greenhouse gas emissions of various quantities of biofuels, for which proof of sustainability or sustainability evidence of part of have been issued, in accordance with article 16, paragraph 2, point 2 netted 2(a), or are greenhouse gas reduction potential from the competent authority at the request of the owner or the holder of the sustainability evidence or proof of sustainability part of sustainability proof of part of, which contains the values resulting from the offsetting. Paragraph 1 is set 2 to 4 apply mutatis mutandis.
(4) in the case of a sustainability certificate by section 15 or section 22 the competent authority must send without delay and by electronic means a copy of the proof of part of the sustainability after the exhibition to the CA, which has issued the certificate to the interface, which issued the proof of sustainability. In case the proof of sustainability according to § 23, she can submit a copy of the proof of sustainability part of the authority or agency that issued the proof of sustainability.
(5) sustainability part evidence according to the paragraphs 1 to 3 may for biofuels, which are delivered by suppliers, which according to § 17 paragraph 2 paragraph 2 document the receipt and the share of biofuels in an electronic database, be issued by the operator of the electronic database. In the case of sentence 1, the operators of the database of the competent authority has to immediately and electronically submit a copy of the proof of part of the sustainability; Paragraph 4 shall not apply. Further requirements in the electronic database recognition or certification systems shall remain unaffected.
(6) for the sustainability part certificates issued according to the paragraphs 1 to 3 and 5 are the provisions of this section apply mutatis mutandis unless otherwise stated in the paragraphs 1 to 3 or 5.
Section 3 interfaces section 25 certificates are recognized recognised certificates within the meaning of this Regulation: 1 certificates, as long and as far as they have been issued pursuant to section 26, 2. certificates according to § 30 and 3 certificates after article 31.

Article 26 issuing certificates (1) interfaces can request a certificate will be issued if they have committed 1 to do this, in the production of biomass or biofuel in the scope of application of this regulation to meet, this is at least the requirements for a certification system recognised under this regulation, they have committed 2. in the case of interfaces according to § 15 paragraph 3 to a) in the issue of sustainability guarantees pursuant to §§ 15 and 18 paragraphs 1 and 2 to meet the requirements , b) copies of all evidence of sustainability that have issued them on the basis of this regulation without delay to submit the certification authority that issued the certificate and c) this evidence of sustainability, as well as all documents required for their exhibition at least ten years to be kept, 3. make sure that all of them with the manufacture or delivery of biomass or biofuel directly or indirectly concerned enterprises, which are not themselves an interface , have committed to meet at least the requirements for a certification system recognised under this regulation, in the production of biomass or biofuel in the scope of application of this regulation and indeed meet these requirements, they committed themselves 4., to document the following: a) compliance with the requirements to the §§ 4 to 7 by the interfaces and all of them with the manufacture or delivery of biomass or biofuel directly or indirectly concerned companies , which are not themselves an interface in the certification system, b) the amount and type of biomass used to produce, c) in the case of interfaces according to § 2 paragraph 3 No. 1 the place of cultivation of biomass in geographical coordinates with an accuracy of 20 meters for every single point, and d as the polygon) in grams of carbon dioxide equivalent per megajoule biomass (g CO2eq/MJ) greenhouse gas emissions , by the interfaces and all operations directly or indirectly concerned with the manufacture or delivery of biomass or biofuel, which are not themselves an interface in the production and supply of biomass or biofuel, caused as far as for the calculation of the greenhouse gas reduction potential according to § 8 must be aware, and 5 has been controlled for compliance with paragraphs 1 to 4 of the certification authority.
(2) after the expiry of the validity of a certificate a new certificate can be issued interfaces on request only, if 1 they have fulfilled the requirements referred to in paragraph 1 number 1 to 4 during the period of validity of the preceding certificate, 2. the documentation number 4 is understandable according to paragraph 1 and controls no contrary findings have yielded 3. after paragraph 49.
If an interface number 1 to 4 during the period of validity of the previous certificate has not complied with the requirements referred to in paragraph 1 and the extent of the irregularities and violations is not significant, 1 point 1 can be issued by way of derogation from set a new certificate also, if the interface has neither deliberately nor roughly negligently does not meet the requirements and ensure compliance with the requirements for the duration of the validity of the new certificate is.
(3) paragraphs 1 and 2 touch not the right of the interface, also raw, to produce fuels or fuels that do not apply under this regulation for bio-fuel.
(4) to issue certificates according to paragraphs 1 and 2, only CAs are entitled, which are recognised under this regulation and who were named number 1 by the certification system referred to in paragraph 1; the certificates must be issued in this certification system.

§ 27 contents of certificates certificates must contain the following information: 1 a unique certificate number which is composed at least of the registration number of the certification system, the registration number of the certification authority, as well as a number to be awarded once by the certification body, 2. the date of the exhibition, and 3. the name of the certification system, in which the certificate has been issued.

§ 28 consequences of missing information certificates are invalid if they do not contain one or more details according to § 27.

§ 29 certificates validity of certificates are for a period of twelve months from the date of issue of the certificate is valid.

§ 30 accredited certificates the biomass electricity sustainability Ordinance due to (1) certificates are also recognized as, as long as and as far as she's on the basis of the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (BGBl. I p. 2174) are recognized in the currently valid version.
(2) § 28 shall apply mutatis mutandis.

Article 31 further recognized certificates
(1) certificates are also recognized, as long as and to the extent 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 evidence, that one or more interfaces comply with the requirements referred to in article 17 paragraph 2 to 6 of Directive 2009/28/EC or under article 7 b of paragraph 2 to 6 of Directive 2009/30/EC , and if in the other Member State have been issued 1 by the authority which is responsible in that Member State for verification, 2nd from the job, which has been recognized by the authority for the verification referred to in point 1 or 3 by other bodies, which certify with the national accreditation body of the Member State on the basis of general criteria for sites, products , is accredited for the verification.
(2) section 23 is paragraph 2 and 3 apply mutatis mutandis.
Section 4 section 32 certification systems recognized certification systems are recognized certification schemes within the meaning of this Regulation: 1. certification systems, as long as and as far as they are recognized according to § 33 or article 59, paragraph 1, 2nd certification systems pursuant to § 40-3. certification systems § 41.

Article 33 recognition of certification schemes (1) certification systems are accepted on request if 1 for them the following are named: a) a natural or legal person who is organisationally responsible, b) a delivery address in a Member State of the European Union or in another Contracting State to the agreement on the European economic area, c) certification authorities that are recognized under this regulation and use the certification system , and d) the countries or States, on which they refer, intended 2. to ensure that the requirements referred to in articles 17 to 19 of Directive 2009/28/EC or referred to in articles 7B to 7 d of Directive 2009/30/EC, as in this regulation will be determined closer, are met, 3. they are accurate, reliable and protected from abuse and assess the frequency and method of sampling, as well as the reliability of the data , 4. a fair and independent review of data to ensure and demonstrate that such a review is done, and they contain 5 standards for this purpose, that at least the requirements referred to in annex III to the Convention on technical barriers to trade (OJ L 336 of the 23.12.1994, S. 86) and comply with the requirements according to annex 3.
(2) if the certification system operates an electronic database for the purpose of the proof or uses that in the supply of biofuels meet the requirements pursuant to § 17 paragraph 1, recognition may apply also on this.
(3) the evidence that the requirements referred to in paragraph 1 are met, is to lead by submitting appropriate documentation. The competent authority may request further documentation of the presented documents and make on-site inspections within the framework of the procedure for recognition of certification systems, insofar as this is necessary for the decision on the request referred to in paragraph 1. An examination on the spot in another Member State of the European Union or a third country is performed only if the other State agrees to this test.
(4) the recognition may contain changes or additions of the certification system, in particular the standards for determining further requirements according to sections 4 to 8 or later are equipped with conditions, if this is necessary to meet the requirements referred to in paragraph 1.
(5) the recognition can with a recognition under the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (Federal Law Gazette I p. 2174) be combined in the currently valid version.
(6) which can recognition specific types of biomass, 2. individual countries or States, 3 individual requests be limited § 4 to 8 or 4 on 1 according to the § operating an electronic database for the purpose of proof indicating that the supply of bio fuel meets the requirements according to § 17 para 1.
In the case of a limitation pursuant to sentence, 1 number 3 or 4 to determine the competent authority that the certification system in combination with another certification system is recognized.

Section 34 is mechanism for the recognition of (1) the recognition of certification systems to engage the public by the competent authority. The design of the certification system, as well as information about the procedures for recognition are to be published in the Federal Gazette. Natural and legal persons, as well as other associations, in particular associations for the promotion of environmental protection, have the opportunity for written comments to the competent authority within a period of six weeks from publication. The date of the expiry of the period is to be communicated in the publication pursuant to sentence 2. Time received opinions of the public be taken into account appropriately by the competent authority in the decision on the recognition of the certification system.
(2) The recognition process can be handled via a single point after the provisions of the Administrative Procedure Act.
(3) the competent authority has not decided within a period of six months, recognition is considered granted.
(4) without prejudice to the notification to the applicant, the recognition in the Federal Gazette is known to do. In the notice shall be informed on which is based the recognition in summary form on the recognition procedure and the reasons and considerations. The legitimate interests of the applicant are to maintain.

Article 35 contents which recognition the recognition of a certification system must include the following: 1. a unique registration number, 2. the date of recognition, 3. in the case of article 33, paragraph 2 the name of the electronic database, which must be used for the purpose of proof about it, to meet the requirements of article 17, paragraph 1, and 4. restrictions to § 33 paragraph 6.

Section 36 subsequent changes of recognition are changes to a recognized certification system to indicate the competent authority. Significant changes of a recognized certification system requires the recognition; the articles 33 and 34 shall apply accordingly.

§ 37 termination of recognition (1) the recognition of a certification system is void if it is withdrawn, revoked, otherwise cancelled or done by lapse of time or otherwise.
(2) the termination of recognition and the reason for the termination are referred to in paragraph 1 to make known by the competent authority in the Federal Gazette.

Section 38 withdrawing recognition the recognition of a certification system should be revoked if the guarantee for a proper execution of the tasks under this regulation is no longer given. The recognition should in particular be revoked if 1 not or are no longer fulfilled is a requirement according to article 33, paragraph 1 or 2. his duties not, incorrectly, incompletely or not timely met the certification system according to § 39.
The recognition can also be revoked if a control spot is not guaranteed. Pursuant to sentence 2 number 1 in particular, the experience of CAs and interfaces with the certification system and the reports can be considered when assessing number 3 after section 52 and section 53, subsection 2. The rest does not affect the provisions of the administrative procedure act on the withdrawal and revocation of administrative acts.

§ 39 reports and notifications (1) certification systems to the competent authority for each calendar year until 28 February of the following calendar year and in addition on request the following information electronically submit: 1. a list of all interfaces, manufacturers and suppliers use this certification system in the production or supply of biomass under this regulation, including the claim that they are controlled by the CA, and 2 a list of all measures , which have been taken to interfaces, plants or suppliers, which doesn't have the requirements under this regulation or according to the certification system.
(2) certification systems must communicate changes the lists monthly electronically pursuant to paragraph 1 of the competent authority.
(3) certification systems must publish on their Internet sites all certificates of interfaces that use your preferences.

§ 40 recognized certification systems on the basis of biomass electricity sustainability regulation certification systems are also considered recognized, as long as and as far as she's on the basis of the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (BGBl. I p. 2174) are recognized in the currently valid version.

Section 41 more recognized certification systems certification systems are also considered recognized, as long as and as far as they 1 by the Commission of the European communities on the basis of article 18 paragraph 4 subparagraph 2 sentence 1 of Directive 2009/28/EC or under article 7 c paragraph 4 subparagraph 2 set 1 of Directive 2009/30/EC, or 2. a bilateral or multilateral agreement , the the European Community has concluded with a third State,
as a certification system to further determine of the requirements referred to in article 17 paragraph 2 to 6 of Directive 2009/28/EC or under article 7 b paragraph 2 to 6 of Directive 2009/30/EC recognized are.
Section 5 certification bodies under section 1 recognition of certification authorities section 42 recognized CAs are recognized certification authorities within the meaning of this Regulation: 1 CAs, as long and as far as they are recognized according to article 43, paragraph 1 or article 59, paragraph 1, 2nd CAs after § 56 and 3. ca § 57.

§ 43 recognition of certification authorities (1) CAs are recognized at the request if they call 1 the following information: a) the names and addresses of the persons responsible, as well as b) the countries or States where they perform tasks under this regulation, 2. demonstrate that they a) the expertise, equipment and infrastructure have, that are required to carry out their activities, b) have a sufficient number of suitably qualified and experienced staff and c) with regard to the implementation of conferred on them Tasks are independent of the certification systems, interfaces, operations, and suppliers and free from any conflict of interest, meet the requirements of the DIN EN 45011, Edition March 1998, 3., perform their conformity assessment according to the standards of ISO/IEC Guide 60, September 2004, issue and control EN ISO 19011, December 2002, issue meet the requirements of DIN *), 4 according to the annex 3 number 1 letter e in writing have committed themselves, and 5. a delivery address in a Member State of the European Union or in have another Contracting State of the agreement on the European economic area.
(2) the evidence that the requirements referred to in paragraph 1 are met, is by submitting appropriate documentation about the operational facilities of the respective certification body, their structure and their employees. For CAs, operated by at least two environmental experts or environmental verifiers, the requirements of paragraph apply 1 number 3 as a met. The competent authority can request further documentation of the presented documents and make on-site inspections within the framework of the recognition procedure for the CAs, as far as this is necessary for the decision on the request referred to in paragraph 1. Article 33, paragraph 3, sentence 3 shall apply accordingly.
(3) the recognition can be fitted subsequently with conditions, if this is necessary for the proper conduct of the activities of a certification authority.
(4) the recognition can with a recognition under the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (Federal Law Gazette I p. 2174) be combined in the currently valid version.
(5) the recognition can be limited to 1 individual types of biomass or biofuel or 2 single countries or States.
) All DIN, ISO/IEC and DIN EN ISO standards referenced in this regulation are at the Beuth-Verlag GmbH, Berlin, to obtain and archive terms secured laid down at the German patent and trade mark Office in Munich.

Section 44 is recognition procedure on the recognition procedure to apply according to article 34, paragraph 2 and 3. The recognition is to make known by the competent authority in the Federal Gazette.

Article 45 contents which recognition the recognition of a certification authority must include the following: 1 a unique registration number, 2. the date of recognition and 3. limitations to article 43, paragraph 5.

§ 46 lapse of recognition (1) the recognition of a certification authority expires, if it is withdrawn, revoked, otherwise cancelled or done by lapse of time or otherwise. It also expires if the certification authority has recorded their activity within one year after the grant of the first recognition or no longer exercised more than a year since the establishment.
(2) the termination of recognition and the reason for the termination are referred to in paragraph 1 to make known by the competent authority in the Federal Gazette.

§ 47 withdrawing recognition the recognition of a certification authority should be revoked if the guarantee for a proper execution of the tasks under this regulation is no longer given. The recognition should in particular be revoked if 1 not or are no longer fulfilled is a requirement according to article 43, paragraph 1 or 2 their obligations not, incorrectly, incompletely or not in time meets the CA after the articles 48 to 54.
The recognition can also be revoked if a control spot is not guaranteed. The rest does not affect the provisions of the administrative procedure act on the withdrawal and revocation of administrative acts.
Subsection 2 CAs section 48 run interface directories that need to CA a directory of all of the interfaces which they have issued certificates to do. The directory must contain at least the name, the address and the registration number of the interfaces. The CA must continually update the directory.

The interfaces the CAs controlling paragraph 49 not later than six months after the issuance of the first certificate and in addition at least once per year, whether the interfaces continue to satisfy the requirements for the issuance of a certificate pursuant to section 26. The competent authority may determine in case of justified suspicion, in particular on the basis of the reports referred to in article 52, that an interface over shorter periods of time must be controlled This applies also in cases of § 26 paragraph 2 sentence 2.

§ 50 control of cultivation of the CAs, the interfaces after § 2 paragraph 3 No. 1 issue a certificate, on the basis of suitable criteria, check whether the establishments designated by the interfaces, where the biomass for the purpose of the production of biofuels is grown or harvested, meet the requirements according to sections 4 to 7. Type and frequency of inspections pursuant to sentence 1 must determine in particular on the basis of a risk assessment, whether in relation to the compliance with these requirements irregularities and violations occur. There are at least 5 percent of farms to be checked annually.

§ 51 control of cultivation for sustainable agricultural management is biomass for the purpose of the production of bio-fuels in the context of agricultural activities in a grown Member State of the European Union, is compliance with the requirements pursuant to § 7 as proven, if operations 1 direct payments under Regulation (EC) No 73/2009 or aid for area-related measures under article 36 letter a number i to v and point (b) point i , iv and v of to Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European agricultural fund for rural development (EAFRD) (OJ OJ L 277 of 21.10.2005, p. 1) for, to meet the requirements of cross-compliance committed, or 2 as an organization under Regulation (EC) no 761 / 2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ OJ L 114 of 24.4.2001, p. 1) are registered in the respective version.
Of these companies, only 3 percent must be controlled annually according to § 50; the control is limited, whether these establishments meet the requirements according to sections 4 to 6.

Article 52 reports on controls CAs must create a report after each control that contains in particular the control result. If the check has revealed that the interface, the operation or the supplier has not complied with the requirements under this regulation, the competent authority report is immediately after the control and electronic transmit.

Article 53 further reports and notifications (1) CAs must the competent authority immediately and electronically transmit copies of all records following: 1. sustainability evidence of all of them certified interfaces, 2 supplements according to § 19, § 26 paragraph 1 3. certificates and certification authorities can transfer 2. interfaces the duty to submit copies of evidence of sustainability 1 number 1 of the competent authority, to set.
(2) certification authorities must submit electronically following reports and information the competent authority for each calendar year until 28 February of the following calendar year and, in addition on request: 1 an extract from the interface directory pursuant to § 48, as well as a list of other companies and suppliers who control them, broken down according to certification systems, 2. a list of all controls, they in the calendar year at interfaces , Companies and suppliers made, broken down by certification systems, with the exception of controls, which has been reported pursuant to section 52, set 2 and 3.
a report about their experiences with the certification schemes applied by them; This report must include all the facts that much might be for the assessment, whether the certification systems continues to meet the conditions for recognition according to § 33.

§ 54 storage, handling of information (1) certification authorities must keep the control results and copies of all certificates that they issue on the basis of this regulation, at least ten years.
(2) as far as certification authorities carry out tasks under this regulation, they are considered offices subject to information according to § 2 para 1 point 2 of the environmental information act of 22 December 2004 (Federal Law Gazette I p. 3704) in the scope of the environmental information act.
Subsection 3 monitoring of certification authorities article 55 controls and measures (1) the competent authority monitored under this regulation recognised certification authorities. Article 33, paragraph 3, sentence 3 shall apply accordingly.
(2) the competent authority may make the orders to CAs, which are necessary in order to eliminate the deficiencies and to prevent future deficiencies. In particular, it may order that an employee or an employee of a CA due to lack independence, expertise and reliability no longer can control, whether the requirements under this regulation.
(3) as far as environmental experts or accreditation as a certification authority recognised under this regulation, powers of the admission Board under section 28 of the Umweltauditgesetzes remain unaffected by paragraphs 1 and 2.
Subsection 4 more recognized certification authorities article 56 recognized certification authorities the biomass electricity sustainability Ordinance due to (1) CAs are also considered recognized, as long as and as far as she's on the basis of the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (BGBl. I p. 2174) are recognized in the currently valid version.
(2) the sections are 2 and 3 of this section apply mutatis mutandis unless otherwise stated in the regulation referred to in paragraph 1.

§ 57 more recognized certification authorities (1) CAs are also considered recognized, as long as and as far as they 1 by the Commission of the European communities, 2. by another Member State of the European Union or 3rd in a bilateral or multilateral treaty, the European Community concluded a third country has as CAs for the mandatory monitoring of the fulfilment of the requirements referred to in article 17 paragraph 2 to 6 of Directive 2009/28/EC or under article 7 b of paragraph 2 to 5 of Directive 2009/30/EC are recognized and they perform tasks under this regulation in a certification system which is recognised under this regulation.
(2) which are subsections 2 and 3 of this section only apply, as far as this is compatible with the provisions of the Commission of the European communities or of the relevant bilateral or multilateral agreement.
Section 6 special and transitional provisions for the detection section 58 proof by environmental experts and environmental verifiers (1) compliance with the requirements under this regulation can biofuels, which used to be shown compared with the bio fuel rate site also by a certificate of an environmental expert or an environmental verifier until December 31, 2011 to meet the statutory obligation to the Federal Immission Control Act in amended, to bring a minimum percentage of biofuels in the course of a calendar year on the market,. Sentence 1 shall apply accordingly if the or the Nachweispflichtige at the main Customs Office requested a tax exemption for biofuels under the energy tax act.
(2) the certificate shall contain the following information pursuant to paragraph 1: 1 a confirmation that the requirements according to sections 4 to 8, 2. a complete documentation of the production and delivery and the confirmation that the origin of biofuels has been proven in accordance with the article 16, 3. the energy content of the bio fuel in mega joules, 4. the greenhouse gas reduction potential of the biofuel in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ) and 5th in the case of a calculation of the greenhouse gas reduction potential after article 8, paragraph 3 the actual values separately after the individual work steps of production and delivery in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ).
(3) if the competent authority has recognized certification systems pursuant to this regulation, the environmental experts and environmental verifiers should use the standards of a certification system for the issue of certificates according to paragraphs 1 and 2.
(4) the first issuance of a certificate referred to in paragraph 1 must indicate the environmental reviewer or the environmental verifier of the competent authority. Before first issuing of a certificate for biofuels from biomass, which is grown outside the Member States of the European Union and the other States party to the agreement on the European economic area, the environmental expert or the environmental verifier shall in addition to the competent authority must declare in writing the consent to tolerate supervision when performing inspections outside the Member States of the European Union in accordance with the Umweltauditgesetzes. Article 33, paragraph 3, sentence 3 shall apply accordingly.
(5) environmental experts and environmental verifiers need to transmit immediately and electronically copies of certificates issued pursuant to paragraph 1 the competent authority.

Section 59 evidence through preliminary recognitions (1) that competent authority may certification systems and CAs provisionally recognize if a final verification of the conditions laid down in article 33, paragraph 1, and article 43, paragraph 1 is not possible, the conditions but with reasonable probability will be fulfilled. The provisional recognition of certification schemes, article 33, paragraph 1 remains unaffected number 1, article 34, paragraph 1 shall not apply and section 34 paragraph 3 is to apply subject to the proviso that the period is three months. The provisional recognition of certification authorities, article 43 paragraph 1 remains unaffected number 1, 4, and 5.
(2) the preliminary recognition is limited to 12 months.
(3) a legal right to preliminary recognition does not exist.
(4) certification schemes and certification bodies can derive no legal rights from a preliminary recognition.
Part 4 data collection and processing, reporting, administrative procedures section 60 information register (1) leading authority a central register of all certification systems, CAs, certificates, documents, certificates and reports in connection with the verification under this Regulation (information tab).
(2) the competent authority has the necessary information to monitor the legal obligation of all to the Federal Immission Control Act, to bring, to provide upon request a certain minimum proportion of biofuels in traffic in the course of the calendar year the bio fuel rate site. The obligation pursuant to sentence 1 accordingly compared to the main customs offices for the granting of tax relief for biofuels under the energy tax act.

§ 61 data matching (1) the competent authority is similar to the data in the register of information with all the data, which are the organic fuel ratio point and the main customs offices, as well as with the information register according to §§ 66 et seq. the regulation on requirements for a sustainable production of liquid biomass to generate electricity by July 23, 2009 (Federal Law Gazette I p. 2174) in the currently valid version.
(2) in the case of sustainability certificates according to article 23 the competent authority can match data with the authority or body which issued these certificates. Section 69, sentence 2 remains unaffected.

§ 62 right to information the competent authority the competent authority may by all certification authorities, interfaces, suppliers, main customs offices, the bio fuel rate site, in the case of certification systems of persons according to § 33 paragraph 1 1(a) and learn more in the case of section 58 by environmental experts and environmental verifiers require number as far as this is necessary to 1 to meet the tasks pursuant to this regulation, to monitor whether the requirements of this regulation are met 2. , 3. the reporting obligations of the Federal Government to the Bundestag and the Bundesrat, to meet, particularly after section 37f of the Federal Immission Control Act or 4 to meet the reporting obligations of the Federal Republic of Germany to the institutions of the European Union.

63 reporting obligations of the competent authority the competent authority regularly evaluates this regulation and shall submit to the Federal Government for the first time to December 31, 2010 and then every year an experience report.

Article 64 reporting obligation of the Federal Ministry for environment, nature conservation and nuclear safety on the basis of the reports referred to in section 63 reported the Federal Ministry for environment, nature conservation and nuclear safety of the Commission of the European communities in the context of the reports under article 22 of the directive 2009/28/EC on 1 meeting the requirements for this regulation and 2. the impact of the production of bio-fuels marketed in the Federal Republic of Germany in the traffic on the sustainability.
In the report, it must be evaluated whether the use of bio-fuels is socially responsible.

§ 65 data transmission (1) insofar as this is necessary for the implementation of the regulation or of the fulfilment of reporting obligations of the Federal Government, should the competent authority to convey information to 1 following federal authorities: a) the Federal Ministry of finance, b) the Federal Ministry of food, agriculture and consumer protection, c) the Federal Ministry for environment, nature conservation and nuclear safety, and d) the subordinated authorities of these ministries, in particular on the bio fuel rate site and the main customs offices , 2. authorities of other Member States of the European Union and third countries and their agencies according to § 23 paragraph 1 number 1 to 3, 3. organs of the European Union and 4 recognized certification schemes.
(2) the transfer of personal data to the number 1 is allowed only under the conditions of section 15 of the Federal Data Protection Act referred to in paragraph 1. The transmission of this data to the authorities referred to in paragraph 1 is allowed only under the conditions of paragraphs 4 b and 4 c of the Federal Data Protection Act number 2 and 3. The transfer of personal data to the points referred to in paragraph 1 number 4 is only under the conditions of section 16 of the Federal Data Protection Act allowed.

Section 66 jurisdiction (1) the Federal Agency for agriculture and food is responsible for 1 the recognition of regulations according to § 8, paragraph 3, sentence 3 number 2 letter b, its publication according to § 8, paragraph 3, sentence 4 and publication according to annex 1 number 10 set 2, 2. the acceptance of evidence according to § 13, 3. the notice of an electronic database and, if the database is operated not by a CA or an other legal or natural person , the operation of this database according to § 17 paragraph 2 number 2, 4. notice according to § 21 (1) sentence 2, 5. exhibition sustainability part of proof under section 24, 6 the recognition and supervision of certification systems according to part 3 section 4 and according to § 59, 7 the recognition and supervision of certification bodies under part 3 section 5 subsection 1 to 3 and section 59, 8 the acceptance of ads and statements according to § 58 paragraph 4 , 9 keeping of a central register of information under part 4, 10 obtaining information according to § 62, 11 after the reports section 63, 12 data according to § 65, 13 publication of forms and patterns to article 68, paragraph 2, and 14 the enforcement of this regulation the rest with the exception of article 4, paragraph 4, sentence 1 Variant 2 (2) the legal and technical supervision over the Federal Agency for agriculture and food rests with the Federal Ministry of food , Agriculture and consumer protection. Legal and technical questions of fundamental importance are by the Federal Ministry of food, agriculture and consumer protection, after the agreement with the Federal Ministry for environment, nature conservation and nuclear safety has been established, coordinated with the Federal Ministry of finance.

Section 67 proceedings before the competent authority the official language is german. All applications that are provided to the competent authority, and all documents, certificates, reports and other documents, that the competent authority, must be written in English or accompanied by a translation into the German language. § 23 paragraph 2 sentence 2 to 4 of the administrative procedure act shall apply accordingly.

§ 68 pattern and forms (1) the following documents are to use forms and patterns: 1 the certificate pursuant to section 26, 2nd for the reports and messages according to § 52 and 53, 3. the certificates article 58, paragraph 1 and 4 for the sustainability evidence according to § 18 and the sustainability part of evidence pursuant to § 24 (2) the competent authority published the forms and patterns, as well as the format of electronic data transmission in the Federal Gazette as well as on its Internet site. She can publish a translation in the Federal Gazette as well as on its Internet site for evidence of sustainability and sustainability part certificates which have been issued in English or another language.

§ 69 outside transport is the Ministry for environment, nature conservation and nuclear safety 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 can transfer traffic with the competent ministries and authorities of other Member States of the European Union and third countries, as well as the institutions of the European Union in consultation with the Federal Ministry of food, agriculture and consumer protection to the Federal Agency for agriculture and food.
Part 5 transitional and final provisions article 70 transitional provisions this regulation is to apply not to bio-fuels produced before January 1, 2011 in the traffic.

Section 71 came into force (1) sections 24 and 34 paragraph 2 into force on January 1, 2010.
(2) in addition, this regulation enter into force on November 2, 2009.

Appendix 1 (to article 8 paragraph 3) method for the calculation of the greenhouse gas reduction potential based on actual values (reference: Federal Law Gazette I 2009, 3200-3202;)
regarding individual changes cf. footnote) 1.
The greenhouse gas emissions in the manufacture, supply and use of fuels (bio-fuels and fossil fuels) are calculated as follows: E = eurochinacom + el + ep + etd + eu - esca - eccs - eccr – are eee it: E = total emissions during the use of the fuel, eurochinacom = emissions from the extraction of raw materials, especially in growing and harvesting of biomass from which biofuels are made, el annualised emissions from carbon inventory changes = on the year as a result of land use change , ep = emissions during processing, etd = emissions during the delivery, eu = emissions during the use of the fuel, esca = emission savings due to accumulation of carbon in the soil as a result of better agricultural management practices, eccs = emission savings from carbon capture and geological storage of carbon dioxide, eccr = emission savings from capture and substitution of carbon dioxide, eee = emission savings through excess electricity from combined heat and power.
The emissions associated with the manufacture of plant and equipment are not included.
2. the greenhouse gas emissions caused by fuels (E) be specified in grams of carbon dioxide equivalent per megajoule fuel (g CO2eq/MJ).
3. by way of derogation from number 2 values calculated in g CO2eq/MJ can be customized for fuels, to consider differences between fuels in useful work expressed in km/MJ. Such adjustments are allowed only if evidence of the differences in the commercial work are shown.
4. the savings achieved through the use of biofuels on greenhouse gas emissions are calculated as followed: saving = (EF - EB) / EF are: EB = total emissions for the use of biofuels, EF = total emissions of the comparison value for fossil fuels.
5. the greenhouse gases taken into account for the purposes referred to in paragraph 1 are carbon dioxide (CO2), nitrous oxide (N2O) and methane (CH4). To calculate the CO2 equivalence, these gases are weighted as follows: CO2: 1 N2O: 296 CH4: 23 6.
Emissions from the extraction or cultivation of biomass (eec) include the emissions of the extraction or cultivation process itself, while gathering the raw materials from waste and leakage, as well as in the manufacture of chemicals used for the production or cultivation. The binding of carbon dioxide is not included in the cultivation of biomass. Certified reductions of greenhouse gas emissions from flaring at oil production sites in all parts of the world will be deducted. Alternatively to the actual values estimates can be derived for the growing emissions from the average values, calculated for smaller geographical areas identified in the calculation of the default values.
7. the emissions from carbon inventory converted on an annual basis as a result of land-use change (el) are calculated over 20 years through even distribution of total emissions. These emissions are calculated as follows: el = (CSR – CSA) x 3 664 x 1/20 x 1/P - eB there are: el annualised greenhouse gas emissions from carbon inventory = on the year as a result of land use change (measured as mass of carbon-dioxide equivalent per unit of biofuel energy), the carbon stock per unit area associated with the reference surface = CSR (measured as mass of carbon per unit area, including both soil and vegetation). The land use of the reference surface is the land use for the reference date or 20 years before the production of the raw material, depending on whichever is the later, CSA = the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area, including both soil and vegetation). If the carbon stock of more than one year is enriched, the estimated carbon stock per unit area is regarded as CSA value after 20 years or at the time of maturity of the plants, depending on whichever is the earlier, P = the productivity of the crop (measured as energy of biofuels per unit of area per year) and eB 29 g bonus = CO2eq/MJ biofuel if biomass is grown in accordance with number 8 on restored degraded areas.
8.
The bonus of 29 g CO2eq/MJ will be granted if the proof that the concerned area a) non-agricultural or for any other purpose was used at the time of the reference and b) falls under one of the following two categories: aa) severely degraded areas, including the former agricultural land or bb) heavily soiled surfaces.
The bonus of 29 g CO2eq/MJ applies 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 decline in the erosion areas aa after set is guaranteed 1 letter b double letter and bb reduces soil pollution on land referred to double.
9 the categories referred to in point 8 set 1 (b) are defined as follows: a) strongly degraded surfaces are surfaces, aa) over a longer period have been salinated or bb) which very few organic substances have been fed and the strong have been eroded, and b) heavily soiled surfaces are surfaces which are unsuitable for the cultivation of food and feedingstuffs on the basis of soil pollution.
Areas referred to in point 8 set 1 (b) considered all surfaces, the by a decision of the Commission of the European communities on the basis of article 18 paragraph 4 subparagraph 4 of Directive 2009/28/EC or article 7 c of 4 paragraph 4 of Directive 2009/30/EC have been recognized as heavily damaged or heavily soiled surfaces.
10. as soon as the Commission of the European communities on the basis of annex V, part C number 10 set 1 of Directive 2009/28/EC or on the basis of annex IV, part C, point 10, set 1 of Directive 2009/30/EC has created guidelines for the calculation of the soil carbon stock, are to apply this calculation of soil carbon stock after this plant. The authority discloses the contents of these guidelines in the Federal Gazette.
11. the emissions processing (ep) include the emissions processing itself, from waste and leakage, as well as in the production of the chemicals used for processing or other products. In accounting for the consumption of electricity not produced in the plant for the production of the fuel, it is assumed that matches the greenhouse gas emission intensity of production and distribution this current of average emission intensity in production and distribution of electricity in a specific region. By way of derogation from sentence 2 manufacturers can use an average value for the electricity produced by a single power generation plant, if this is connected to the mains.
12. the emissions from the delivery (etd) include emissions during the transport and storage of raw and semi-finished materials and for the storage and distribution of finished products. Sentence 1 does not apply to emissions from the transport and distribution, which are taken into account in point 6.
13. the emissions from the use of fuel (eu) be set to zero for biofuels.
14. emission savings are limited by capture and geological storage of carbon dioxide (eccs), which have been applied to ep, on the emissions have been avoided through the capture and sequestration of emitted carbon dioxide and that are directly with the extraction, transport, processing and distribution of fuel.
15. the emission savings from removal and replacement of carbon dioxide (eccr) be limited to emissions avoided through the capture of carbon dioxide, where the carbon originates from biomass and is used instead of declining fossil fuels carbon dioxide for industrial products and services.
16. the emission savings from excess electricity from cogeneration (eee) is considered in relation to the excess electricity produced by fuel production systems with combined heat and power, except in cases where a fuel other by-products used as crop residues. To take account of this current surplus, it is assumed that the size corresponds to the Kraft-Wärme-Kopplungs-(KWK-)Anlage of the minimum size that is required to provide the heat required for the production of fuel. The reductions of greenhouse gas emissions associated with this excess electricity be equated the amount of greenhouse gas would emitted in the production of a corresponding amount of electricity at a power plant that uses the same fuel as the CHP plant.
17 more other products ("co-products") are manufactured with a process for the production of fuels in addition to the fuel for which emissions are calculated, so the greenhouse gas emissions will be divided between the fuel or its intermediate product and the co-products in accordance with its energy content. The energy content in other by-products as power is determined by the lower calorific value.
18. for the purposes of the calculation referred to in point 17 emissions allocated to are eec + el, + the proportions of ep, etd and eee, the up including apply to the procedure, which produces a by-product. Emissions in an earlier process step assigned to by-products, so the fraction of these emissions is used for this purpose instead of the total emissions allocated to intermediate products in the last step in the process.
In the case of biofuels all by-products including the electricity that does not fall under paragraph 16, be taken into account for the purposes of the calculation, except for agricultural crop residues, including straw, bagasse, husks, cobs and nut shells. For the purposes of the calculation, the energy content used by-product with negative energy content with zero.
The life-cycle greenhouse gas emissions from waste, crop residues, including straw, bagasse, pods, corn cobs and nut shells production residues including raw glycerol (not refined glycerine) are set to the collection of these materials with null.
Fuels produced in refineries, the unit of analysis for the purpose of calculating is the refinery to number 17.
19. for the purposes of the calculation referred to in point 4 is the comparison value for fossil fuels EF in accordance with Directive 98/70/EC currently available actual average greenhouse gas emissions from fossil petrol and diesel fuels of the European communities. As long as this value is not yet available, the comparison value for fossil fuel EF is 83.8 g CO2eq/MJ for the purposes of the calculation referred to in point 4. Directive 98/70/EC means Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 on the quality of petrol and diesel fuels and amending Directive 93/12/EEC (OJ L 350 of the 28.12.1998, p. 86, L 124 of the 25.5.2000, p. 66), the last by Directive 2009/30/EC (OJ L 140 of the 5.6.2009, p. 88) is has been modified in the currently valid version.

Annex 2 (to § 8 para 4) defaults to the calculation of the greenhouse gas reduction potential (site: Federal Law Gazette I 2009, 3203-3208;)
regarding individual changes cf. footnote) 1 default values for biofuels a) default value for cultivation (eec as defined in Appendix 1): production pathway of biofuels Standardtreib-house gas emissions (g CO2eq/MJ) aa) ethanol from sugar beet 12 bb) ethanol from wheat 23 cc) ethanol made from corn, in a Member State of the European Union 20 made dd) ethanol from sugar cane 14 ee) biodiesel from rape 29 ff) biodiesel from sunflower 18 gg) ETBE , Part from renewable sources such as hh production pathway for ethanol) TAEE, part from renewable sources for ethanol production pathway ii) biodiesel from soybeans 19 jj) biodiesel from Palm oil 14 kk) biodiesel from vegetable or animal oil of waste with the exception of animal oils of animal by-products, in Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 with hygiene requirements for animal by-products not intended for human consumption (OJ OJ L 273 of the 10.10.2002, p. 1) are classified as category 3.
 0
ll)
hydriertes Rapsöl
30
mm)
hydriertes Sonnenblumenöl
18
nn)
hydriertes Palmöl
15
oo)
reines Rapsöl
30
pp)
(weggefallen)
 
qq)
(weggefallen)
 
rr)
Biogas aus organischen Siedlungsabfällen als komprimiertes Erdgas
 0
ss)
Biogas aus Gülle als komprimiertes Erdgas
 0
tt)
Biogas aus Trockenmist als komprimiertes Erdgas
 0
b)
Teilstandardwerte für die Verarbeitung einschließlich Stromüberschuss (ep– eee gemäß Definition in Anlage 1):
 
Herstellungsweg der Biokraftstoffe
Standardtreib-
hausgasemissionen
(g CO2eq/MJ)
aa)
Ethanol aus Zuckerrüben
26
bb)
Ethanol aus Weizen (Prozessbrennstoff nicht spezifiziert)
45 cc) ethanol from wheat (lignite as process fuel in CHP plant) 45 dd) ethanol from wheat (natural gas as process fuel in conventional system) 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 made from corn, in a Member State of the European Union produced (natural gas as process fuel in CHP plant) 21 hh) ethanol from sugar cane 1 ii) ETBE , Part from renewable sources as jj for ethanol production pathway) TAEE, part from renewable sources as kk for ethanol production pathway) biodiesel from rapeseed 22 ll) biodiesel from sunflower 22 mm) biodiesel from soybeans 26 nn)
Biodiesel aus Palmöl (Prozessbrennstoff nicht spezifiziert)
49
oo)
Biodiesel aus Palmöl (Verarbeitung mit Methanbindung an der Ölmühle)
18
pp)
Biodiesel aus pflanzlichem oder tierischem Abfallöl
13
qq)
hydriertes Rapsöl
13
rr)
hydriertes Sonnenblumenöl
13
ss)
hydriertes Palmöl (Prozess nicht spezifiziert)
42
tt)
hydriertes Palmöl (Verarbeitung mit Methanbindung an der Ölmühle)
 9
uu)
reines Rapsöl
 5
vv)
(weggefallen)
 
ww)
(weggefallen)
 
xx)
Biogas aus organischen Siedlungsabfällen als komprimiertes Erdgas
20
yy)
Biogas aus Gülle als komprimiertes Erdgas
11
zz)
Biogas aus Trockenmist as compressed natural gas 11 c) default value for the delivery (etd as defined in Appendix 1): production pathway of biofuels Standardtreib-house gas emissions (g CO2eq/MJ) aa) ethanol from sugar beet 2 bb) ethanol from wheat 2 cc) ethanol made from corn, in a Member State of the European Union 2 made dd) ethanol from sugar cane 9 ee) biodiesel from rape 1 ff) biodiesel from sunflower 1 gg) ETBE , Anteil aus erneuerbaren Quellen
Wie beim
Herstellungsweg
für Ethanol
hh)
TAEE, Anteil aus erneuerbaren Quellen
Wie beim
Herstellungsweg
für Ethanol
ii)
Biodiesel aus Sojabohnen
13
jj)
Biodiesel aus Palmöl
 5
kk)
Biodiesel aus pflanzlichem oder tierischem Abfallöl
 1
ll)
hydriertes Rapsöl
 1
mm)
hydriertes Sonnenblumenöl
 1
nn)
hydriertes Palmöl
 5
oo)
reines Rapsöl
 1
pp)
(weggefallen)
 
qq)
(weggefallen)
 
rr)
Biogas aus organischen Siedlungsabfällen als komprimiertes Erdgas
 3
ss)
Biogas aus Gülle als komprimiertes Erdgas
 5
tt)
Biogas aus Trockenmist als compressed natural gas 4 d) total default value for manufacture and supply: production pathway of biofuels Standardtreib-house 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) corn-based ethanol , manufactured in a Member State of the European Union (natural gas as process fuel in CHP plant) 43 hh) ethanol from sugar cane 24 ii) bio-diesel from rapeseed 52 jj) ETBE, part from renewable sources as kk for ethanol production pathway) TAEE, part from renewable sources such as ll production pathway for ethanol) biodiesel from sunflower 41 mm) biodiesel from soybeans 58 nn) biodiesel from Palm oil (process fuel not specified) 68 oo) biodiesel from Palm oil (process with at the oil mill) 37 pp) biodiesel made from vegetable or animal Waste oil 14 qq) rr hydrogenated rapeseed oil 44) hydrogenated sunflower oil 32 ss) hydrogenated palm oil (process not specified) 62 tt) hydrogenated palm oil (process with at the oil mill) 29 uu) pure rapeseed oil 36 vv) (lapsed) ww) (lapsed) xx) biogas from organic municipal waste as compressed natural gas 23 yy) biogas from manure as compressed natural gas 16 zz) biogas from dry manure as compressed natural gas 15 e) greenhouse gas reduction compared to the fossil fuel of the reference : Production pathway of biofuels standard value 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) dd 16%) 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) corn-based ethanol , in a Member State of the European Union made (natural gas as process fuel in CHP plant) 49% hh) ethanol from sugar cane 71% ii) ETBE, part from renewable sources as jj for ethanol production pathway) TAEE, part from renewable sources as kk for ethanol production pathway) biodiesel from rapeseed ll 38%) biodiesel from sunflower 51% mm) biodiesel from soybeans, 31% nn) biodiesel from Palm oil (process fuel not specified) 19% oo) biodiesel from Palm oil (process with at the oil mill) 56% pp) biodiesel made from vegetable or animal Waste oil 83% qq) hydrogenated rapeseed oil 47% rr) hydrogenated sunflower oil 62% ss) hydrogenated palm oil (process not specified) 26% tt) hydrogenated palm oil (process with at the oil mill) 65% uu) pure rapeseed oil 57% vv) biogas from organic municipal waste as compressed natural gas 73% ww) biogas from manure as compressed natural gas 81% xx) biogas from dry manure as compressed natural gas 82% 2. estimated default values for future biofuels , die zum Referenzzeitpunkt nicht oder nur in vernachlässigbaren Mengen auf dem Markt waren
a)
Teilstandardwerte für den Anbau (eec gemäß Definition in Anlage 1):
 
Herstellungsweg der Biokraftstoffe
Standardtreib-
hausgasemissionen
(g CO2eq/MJ)
aa)
Ethanol aus Weizenstroh
 3
bb)
Ethanol aus Abfallholz
 1
cc)
Ethanol aus Kulturholz
 6
dd)
Fischer-Tropsch-Diesel aus Abfallholz
 1
ee)
Fischer-Tropsch-Diesel aus Kulturholz
 4
ff)
Dimethylether (DME) aus Abfallholz
 1
gg)
DME aus Kulturholz
 5
hh)
Methanol aus Abfallholz
 1
ii)
Methanol aus Kulturholz
 5
jj)
MTBE , Part from renewable sources production pathway used for methanol b) default value for processing including excess electricity (ep - eee according to Appendix 1): production pathway of biofuels Standardtreib-house gas emissions (g CO2eq/MJ) aa) ethanol from wheat straw 7 bb) ethanol out of wood 17 cc) dd 0 wood Fischer-Tropsch diesel) ee DME wood 0) 0 wood methanol ff) MTBE, part from renewable sources production pathway used for methanol c) default value for the delivery (etd as defined in Appendix 1) :
 
Herstellungsweg der Biokraftstoffe
Standardtreib-
hausgasemissionen
(g CO2eq/MJ)
aa)
Ethanol aus Weizenstroh
 2
bb)
Ethanol aus Abfallholz
 4
cc)
Ethanol aus Kulturholz
 2
dd)
Fischer-Tropsch-Diesel aus Abfallholz
 3
ee)
Fischer-Tropsch-Diesel aus Kulturholz
 2
ff)
DME aus Abfallholz
 4
gg)
DME aus Kulturholz
 2
hh)
Methanol aus Abfallholz
 4
ii)
Methanol aus Kulturholz
 2
jj)
MTBE, Anteil aus erneuerbaren Quellen
Wie beim
Herstellungsweg
für Methanol
d)
Gesamtstandardwerte für Herstellung und Lieferung :
 
Herstellungsweg der Biokraftstoffe
Standardtreib-
hausgasemissionen
(g CO2eq/MJ)
aa)
Ethanol aus Weizenstroh
13
bb)
Ethanol aus Abfallholz
22
cc)
Ethanol aus Kulturholz
25
dd)
Fischer-Tropsch-Diesel aus Abfallholz
 4
ee)
Fischer-Tropsch-Diesel aus Kulturholz
 6
ff)
DME aus Abfallholz
 5
gg)
DME aus Kulturholz
 7
hh)
Methanol aus Abfallholz
 5
ii)
Methanol aus Kulturholz
 7
jj)
MTBE, Anteil aus erneuerbaren Quellen
Wie beim
Herstellungsweg
für Methanol
e)
Treibhausgasminderung gegenüber dem fossilem Referenzkraftstoff :
 
Herstellungsweg der Biokraftstoffe
Standardwert
für die Treibhaus-
gasminderung
aa)
Ethanol aus Weizenstroh
85 %
bb)
Ethanol aus Abfallholz
74 %
cc)
Ethanol aus Kulturholz
70 %
dd)
Fischer-Tropsch-Diesel aus Abfallholz
95 %
ee)
Fischer-Tropsch-Diesel aus Kulturholz
93 %
ff)
DME aus Abfallholz
95 %
gg)
DME aus Kulturholz
92 %
hh)
Methanol aus Abfallholz
94 %
ii)
Methanol aus Kulturholz
91 %
jj)
MTBE, Anteil aus erneuerbaren Quellen
Wie beim
Herstellungsweg
für Methanol
3.
(weggefallen)

Anlage 3 (zu § 33 Absatz 1 , Section 43 paragraph 1) substantive requirements for certification systems (site: Federal Law Gazette I 2009, 3211-3212;)
regarding individual changes cf. footnote) 1 certification systems contain at least regulations, a) how the requirements of sections 4 to 8 for the manufacture and supply of biofuels taking a mass balance system in accordance with the § 16; closer determined, implemented and controlled at the interfaces, the cultivation and other establishments, as well as the suppliers
b) which interfaces including all of them with the manufacture or supply of biomass or biofuels directly or indirectly concerned enterprises, which are not themselves an interface, requirements for compliance with the requirements of the regulation, in particular aa) which documents they the CA to the evidence required to, that they meet the requirements according to sections 4 to 8 , bb) the documentation according to § 26 para 1 must have number 4 which content and scope, how the risk of faulty documentation in the levels will be rated "high", "medium" and "low", and how the interfaces and other companies independent of article 39 paragraph 3 to be required to keep the documentation confidential and not accessible to third parties, cc) which data for the calculation of the greenhouse gas reduction potential according to § 8 must be measured and how exactly these data must be , dd) as is in the case that a certification authority finds that an operation or an interface not or no longer meets the requirements of this regulation, ensure that operation or the interface is sanctioned by appropriate measures as appropriate sanctions, in particular the informing of all other certification authorities and interfaces for which this information is essential, can be provided, and ee) which interfaces; procedures according to § 15 paragraph 3 to the delivery of sustainability certificates of
c) what the certification authorities that are named for controlling the requirements of this certification system requirements, especially aa) how they according to § 43 para 1 No. 2 must demonstrate compliance with the requirements, bb) which procedure they issue certificates must apply and cc)
how they must control the interfaces, the farms where the biomass is grown or harvested, and the supplier according to § 49 to 51;
(d) what other measures of transparency and the prevention of abuse and fraud are provided;
(e) that the CAs and the interfaces that are committed to comply with the requirements of this certification system, including all of them with the manufacture or supply of biofuels directly or indirectly concerned enterprises, which are not even an interfaces, in writing agree, aa) the requirements of this certification system and in the case of interfaces the requirements pursuant to section 26 paragraph 1 to meet bb) in the case of a certification authority employees and staff of the competent authority or their representatives and, in the case of interfaces and bbb to enter land, business, operating and storage rooms and means of transport, all with the manufacture or supply of biofuels directly or indirectly farms concerned employees and to give the employees of a CA designated by this certification system, aaa) during the business or operating time) to carry out inspections, ccc) ddd to see all this in writing and electronically managing documents, to examine and to make copies thereof,) the necessary information on demand and eee) samples to draw;
This right refers to all the places where the CA or the interface in connection with the manufacture or supply of biofuels for a sustainability certificate issued under this regulation, engaged in an activity, and f) to which countries or States will apply the requirements referred to in paragraphs a to e.
2. certification systems must ensure that compliance with the requirements under this regulation caused no disproportionate costs for small-scale businesses, producer organisations and cooperatives. You can deviate from the requirements of part 3 of this regulation for this purpose in justified cases.
3. certification systems may contain rules on the use of an electronic database for the verification of compliance according to §§ 16 and 17.
4. the Federal Ministry of finance may specify the requirements referred to in paragraphs 1 to 3 in agreement with the Federal Ministry of food, agriculture and consumer protection and the Federal Ministry for environment, nature conservation and reactor safety through a system of reference and make known as administrative provision in the Federal Gazette. Sentence 1 does not apply to the information that paragraph 3 subparagraph 3 of the directive 2009/28/EC and article 7 paragraph 3 subparagraph 3 of Directive 2009/30/EC for the purpose are laid down by the Commission of the European communities on the basis of article 18, that economic operators should transmit this information to the Member States of the European Union.