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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Regulation on the requirements for the sustainable production of biofuels (Biofuels Sustainability Ordinance-Biofuels-Biofuels)

Non-official table of contents

Biofuels-NachV

Date of delivery: 30.09.2009

Full quote:

" Biofuel Sustainability Regulation of the 30th September 2009 (BGBl. 3182), as last amended by Article 2 of the Law of 20. November 2014 (BGBl. I p. 1740) "

:Last modified by Art. 2 G v. 20.11.2014 I 1740

For details, see the Notes
*)
This Regulation is designed to implement Directive 2009 /28/EC of the European Parliament and of the Council of 23 June 2009 on the implementation of the European Parliament and Council Directive. The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, p. 16) as well as the implementation of Directive 2009 /30/EC of the European Parliament and of the Council of 23 June 2009 on the implementation of Directive 2009 /30/EC of the European Parliament and of the Council of amending Directive 98 /70/EC as regards the specifications for petrol, diesel and gas-oil fuels and the introduction of a system for monitoring and reducing greenhouse gas emissions and amending the Directive Council Directive 1999 /32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 /12/EEC (OJ L 327, 28.12.1999, p. OJ L 140, 5.6.2009, p. 88). The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C 37), as last amended by Directive 2006 /96/EC (OJ L 327, 21.12.2006, p. 81).

footnote

(+ + + text-proof from: 2.11.2009 + + +)
(+ + + Official note of the norm-provider on EC law:
Implementation of the
EGRL 28/2009 (CELEX No: 32009L0028)
EGRL 30/2009 (CELEX No: 32009L0030)
Compliance with the
EGRL 34/98 (CELEX Nr: 398L0034) + + +)

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input formula

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the federal government after hearing the In accordance with Article 37d (2) (3) and (4) of the Federal Immission Control Act, the parties concerned by Article 3 (4) of the Law of 18. December 2006 (BGBl. 3180) and of Article 37d (2) (3) of Article 1 (6) (a) of the Law on the Promotion of Biofuels of the 15. July 2009 (BGBl. 1804),
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the Federal Ministry of Finance in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Economics and Technology on the basis of Section 66 (1) (11a) (a) and (b) of the Energy Taxation Act, which is defined by Article 1 (11) of the Law of 18. December 2006 (BGBl. 3180) and of which Article 66 (1) (11a) (a) is inserted by Article 2 (4) of the Law amending the Promotion of Biofuels of 15 June 2000. July 2009 (BGBl. 1804),
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The Federal Ministry of Finance, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, on the basis of the § § 66 (1) (11b) of the Energy Tax Act and Section 37d (3) (2) of the Federal Immission Control Act, of which § 66 (1) (11b) of the Energy Tax Act (Energy Tax Act) by Article 1 (12) and Section 37d of the Federal Immission Control Act (BundesImmissionsschutzgesetz) by Article 3 (4) of the Law of 18. December 2006 (BGBl. 3180), as well as
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the Federal Ministry of Finance, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry for the Environment, Public Health and Food Safety. Federal Ministry of Food, Agriculture and Consumer Protection on the basis of § 66a of the Energy Tax Act and § 37e of the Federal Immission Control Act, of which § 66a of the Energy Tax Act is defined by Article 2 (5) and § 37e of the German Energy Tax Act. Federal Immission Protection Act by Article 1 (7) of the Law amending the Promotion of Biofuels of the 15. July 2009 (BGBl. I p. 1804) inserted:
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content overview

part 1General provisions
§ 1Scope
§ 2
2Sustainability
§ 3Recognition of Biofuels
§ 4Protection of surfaces with high nature conservation value
§ 5 Protection of surfaces with high carbon stock
§ 6Torfmoor Protection
§ 7Sustainable agricultural management
§ 8 Greenhouse Gas Mind Potential
§ 9(omitted)
§ 10 (omitted)
3Detection Section 1General Provisions
§ 11Evidence To meet the requirements
§ 12Further evidence
§ 13 Transmission of evidence to the competent authority
2Sustainability
§ 14 Acknowledged Credentials
§ 15Sustainability Exhibition Exhibition
§ 16Exhibition due to mass balance systems
§ 17Delivery due to Mass Balance Systems
§ 18Content and Form of Sustainability Evidence
§ 19 Night-rag missing information
§ 20Unefficacy of sustainability evidence
§ 21Other consequences of missing or insufficient evidence
§ 22Recognizing Sustainability evidence on the basis of the Biomass Power Sustainability Ordinance
§ 23Further recognized sustainability certificates
§ 24Sustainability Substatements
3Certificates for Interfaces
§ 25Recognizing certificates
§ 26Certificates issuing
§ 27Content of certificates
§ 28Missing Evidence
§ 29Certificates validity
§ 30Recognizing certificates on Reason of the Biomass Power Sustainability Regulation
§ 31Other recognized certificates
4Certification Systems
§ 32Acknowledged Certification Systems
§ 33 Recognition of certification systems
§ 34Method of recognition
§ 35Content of recognition
§ 36Addenda changes in recognition
§ 37Erasing recognition
§ 38Revocation of the Recognition
§ 39Reports and Communications
§ 40 Recognizing certification systems based on the Biomass Power Sustainability Regulation
§ 41Other recognized Certification
5Certification Site Subsection 1Recognition of Certification
§ 42 Recognized Certification Bodies
§ 43Certification Authority Recognition
§ 44Method of recognition
§ 45Content of recognition
§ 46Revocation of recognition
§ 47Revocation of the Recognition
Subsection 2Tasks of Certification
§ 48Leading Interface directories
§ 49Interfaces control
§ 50 Control of cultivation
§ 51Control of cultivation under sustainable agricultural management
§ 52Reports on controls
§ 53Additional reports and Communications
§ 54Retention, handling of information
Subsection 3Surveillance of Certification Authorities
§ 55Controls and
Subsection 4More recognized certification bodies
§ 56Acknowledged Certification Bodies due to the Biomass Power Sustainability Regulation
§ 57Other trusted certification
6Special and
Transitional provisions to demonstrate
§ 58Proof by environmental verifiers
§ 59Proof by provisional Acknowledfications
4Data collection and processing,
reporting requirements, official
§ 60 Information tab
§ 61Data reconciliation
§ 62 Information right of the competent authority
§ 63Competent authority reporting obligation
§ 64Reporting obligation of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
§ 65 Data transfer
§ 66Responsibility
§ 67 Procedure before the competent authority
§ 68Patterns and forms
§ 69 External
5Transitions and Final Provisions
§ 70 Transitional determination
§ 71Entry into
Appendix 1
(to § 8 paragraph 3):
Method for calculating the greenhouse gas mitigation potential based on actual values
Appendix 2
(to § 8 (4)):
Default values for calculating the greenhouse gas mitigation potential
Appendix 3
(to § 33, paragraph 1, § 43, paragraph 1):
Content requirements for certification

Part 1
General Provisions

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§ 1 Scope

This regulation applies to
1.
the fulfillment of the the statutory obligation pursuant to § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (3a) of the Federal Immission Protection Act to place a certain minimum proportion of biofuels on the market in the course of the calendar year, and
2.
the tax relief capability of biofuels according to § 50 of the Energy Tax Act.
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§ 2 Definitions

(1) Biofuels within the meaning of this Regulation are liquid or gaseous fuels for transport produced from biomass . Biomass for the purposes of this Regulation is biomass as defined in the Biomass Ordinance of 21. June 2001 (BGBl. 1234), as amended by the Regulation of 9 December 2008. August 2005 (BGBl. 2419), as amended in each case.(2) Production within the meaning of this Regulation shall include all stages from the cultivation of the necessary biomass, in particular the plants, to the processing of the liquid or gaseous biomass to the level of quality used for the use as Fuel is required.(3) Interfaces within the meaning of this Regulation are
1.
establishments and premises (establishments) which are responsible for the The production of biomass required for biofuels
a)
for the first time by the companies that make these Cultivate and harvest biomass, or
b)
for the first time in the case of waste and waste materials from the holdings or households where the waste and residues are produced, For the purpose of onward trading
2.
Oil mills and
3.
Companies that are liquid or gaseous biomass to the required quality level for use as biofuel or which produce biofuels from the biomass used.
(4) Environmental verifiers in the sense of this Ordinance are
1.
People or organizations that are in accordance with the environmental law of the law in the version of the Notice of 4. September 2002 (BGBl. 3490), as last amended by Article 11 of the Law of 17. March 2008 (BGBl. 399), in the relevant version for agriculture or forestry as an environmental verifier, environmental verifier or environmental verifier organisation, and
2.
other environmental verifiers, environmental verifiers and environmental verifiers, provided they are located in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area in the field of agriculture or forestry or a comparable area, in accordance with § 18 of the Environmental Law.
(5) Certificates within the meaning of this Regulation are Certificates of conformity to the effect that interfaces, including all holdings directly or indirectly involved in the production or transport and distribution (supply) of biomass, meet the requirements of this Regulation .(6) Certification bodies within the meaning of this Regulation are independent natural or legal persons who, in a recognised certification system,
1.
issuing certificates for interfaces if they meet the requirements of this Regulation, and
2.
controlling the fulfilment of the requirements of this Regulation by establishments, interfaces and suppliers.
(7) Certification systems within the meaning of this Regulation are: Systems which ensure the fulfilment of the requirements of this Regulation for the production and supply of biomass and of biofuels, and in particular standards for the purpose of determining the requirements of this Regulation for the production and supply of biomass Regulation, proof of compliance and verification of proof of compliance with this evidence.(8) For the purposes of this Regulation, the biofuel quota body shall be the competent body within the meaning of Article 37d (1) of the Federal Immission Control Act, which shall ensure compliance with the obligation to place a minimum proportion of biofuels on the market; monitor.(9) For the purposes of this Regulation, the person responsible or liable to be responsible shall be
1.
the or the In accordance with the Federal Immission Control Act, which is responsible for ensuring compliance with the legal obligation to place a certain minimum proportion of biofuels on the market during the calendar year, or
2.
the-or the one applying for a tax relief for biofuels according to the Energy Tax Act.
(10) Waste within the meaning of this Regulation is waste within the meaning of Section 7 (1), first sentence, point 1 of the Regulation implementing the rules on the biofuel quota of 29 January 2007 (BGBl. 60), as last amended by Article 1 of the 26th Regulation. November 2012 (BGBl. 2363), in the current version.(11) Residue substances within the meaning of this Regulation are residues within the meaning of Section 7 (4) of the Regulation implementing the rules of the biofuel quota.

Part 2
Sustainability Requirements

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§ 3 Recognition of biofuels

(1) Biofuels will be used to comply with the legal requirements. Obligation under the Federal Immission Control Act to place a certain minimum proportion of biofuels on the market in the course of the calendar year, if
1.
the requirements for
a)
the protection of natural habitats according to § § 4 to 6 and
b)
a sustainable agricultural management according to § 7
have been fulfilled and
2.
it the greenhouse gas reduction potential of § 8.
Sentence 1 shall apply in accordance with the tax-relief capability of biofuels in accordance with the Energy Tax Act.(2) For the assessment of the requirements for the protection of natural habitats according to § § 4 to 6 is the reference date of the 1. January 2008. If there are no adequate data to demonstrate compliance with the requirements for this day, the reference date may be another day in January 2008.(3) Paragraph 1 shall apply both to biofuels produced in the Member States of the European Union and to biofuels imported from non-EU Member States (third countries), to the extent that: the following provisions do not give any other effect.(4) Paragraph 1, first sentence, point 1 shall not apply to biofuels made from waste or from residues, unless the residues originate from the agricultural, forestry and fish industries or from aquaculture. unofficial table of contents

§ 4 Protection of high nature value areas

(1) biomass used for the production of biofuels, should not come from land with a high value for biodiversity.(2) As areas with a high biodiversity value, all the areas that had the status at the reference time or later, regardless of whether the areas are still in this state, apply:
1.
wooded surfaces according to paragraph 3,
2.
nature conservation-purpose areas referred to in paragraph 4 or
3.
Green country with great biodiversity in accordance with paragraph 5.
(3) wooded areas are
1.
primary forests and
2.
other natural areas,
a)
which are covered with native tree species,
b)
in which there is no clearly visible sign of human activity, and
c)
where the ecological processes are not significantly disturbed.
(4) Surfaces are used for nature conservation purposes Areas designated by law or by the competent authority for nature conservation purposes. In so far as the Commission of the European Communities is responsible for the application of Article 18 (4), second sentence, sentence 3 of Directive 2009 /28/EC of the European Parliament and of the Council of 23 June 2009, The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, p. 16) or the second sentence of Article 7c (4), second sentence, of Directive 2009 /30/EC of the European Parliament and of the Council of 23 June 2009, of the European Parliament and of the Council of the European Parliament and of the Council of 23 June 2009 on the amending Directive 98 /70/EC as regards the specifications for petrol, diesel and gas-oil fuels and the introduction of a system for monitoring and reducing greenhouse gas emissions and amending the Directive Council Directive 1999 /32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 /12/EEC (OJ L 327, 28.12.1999, p. 88) for the protection of rare, threatened or endangered ecosystems or species which are recognised by
1.
in international agreements or
2.
listed in the directories of inter-governmental organizations or the International Union for the Conservation of Nature
for the purposes of Article 17 (3) (b) (ii) of Directive 2009 /28/EC, or for the purposes of Article 7b (3) (b) (ii) of Directive 2009 /30/EC, shall also apply to land serving as nature conservation purposes. Paragraph 1 shall not apply, provided that the cultivation and harvesting of biomass do not run counter to the nature of the nature of the natural environment.(5) Greenland with a large biological diversity is grassland that would remain unaffected by human hand
1.
grassland and its natural species composition as well as its natural species. ecological characteristics and processes are intact (natural grassland), or
2.
no grassland would remain and the species is rich and not degraded (artificial (a), unless the biomass harvest is necessary for the preservation of grassland status.
As a grassland with a large biological diversity, areas designated by the Commission of the European Communities shall apply in particular to: The reason referred to in the second subparagraph of Article 17 (3) of Directive 2009 /28/EC or in the light of the second subparagraph of Article 7b (3) of Directive 2009 /30/EC has been established as such. The Commission for the determination of natural or artificially created grassland on the basis of the second subparagraph of Article 17 (3) of Directive 2009 /28/EC or in the second subparagraph of Article 7b (3) of Directive 2009 /30/EC shall be taken into account in the interpretation of sentence 1. unofficial table of contents

§ 5 Protection of high-carbon areas

(1) biomass used for the production of biofuels, may not come from land with a high above-ground or subterranean carbon stock.(2) As areas with a high above-ground or underground carbon stock, all areas which had the following status at the reference time or later and which are no longer in this status at the time of cultivation and harvesting of the biomass shall apply:
1.
Wetlands according to paragraph 3, or
2.
continuously forested areas by paragraph 4.
(3) Wetlands are areas which are constantly or partially covered by water for a significant part of the year. Wetlands, in particular, are all wetlands which are included in the list of internationally important wetlands referred to in Article 2 (1) of the Convention of 2. February 1971 on wetlands, in particular as a habitat for water and wadding birds of international importance (BGBl. 1976 II p. 1265).(4) Continuously forested areas are areas of more than 1 hectare with trees over 5 meters high and
1.
with a degree of perspiration of more than 30 percent or with Trees that can reach these values on the respective site, or
2.
with a degree of shielding of 10 to 30 percent or with trees that are on the respective The location of these values can be achieved, unless the area before and after the conversion has such a carbon stock that the biofuel has the greenhouse gas reduction potential in accordance with § 8 paragraph 1 even in the case of a calculation according to § 8 paragraph 3.
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§ 6 Protection of peat moor

(1) Biomass used for the production of biofuels may do not come from areas that were at the point of reference or later peat moor.(2) Paragraph 1 shall not apply where the cultivation and harvesting of biomass do not require drainage of land. Non-official table of contents

§ 7 Sustainable agricultural management

The cultivation of biomass for the purpose of producing biofuels in the case of agricultural activities in a Member State of the European Union,
1.
in accordance with the provisions set out in points 1 to 5 and 9 of Annex II to the Regulation (EC) No 73/2009 of the Council of 19 June 2009 1 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ L 327, 30.4.2009, p. 16), and
2.
in accordance with the minimum requirements for good agricultural and environmental condition as defined in Article 6 (1) of Regulation (EC) No 73/2009
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§ 8 Greenhouse gas mitigation potential

(1) Biofuels must have a greenhouse gas reduction potential of at least 35 Percent. This value increases
1.
on 1. January 2017 to at least 50 percent and
2.
on 1. At least 60 per cent in January 2018, provided that the interface referred to in Article 2 (3) (2) and (3), which produced the biofuel, is based on the 31. The first sentence of the first sentence of the first sentence of the first paragraph of the first subparagraph shall be that of the first sentence of 1 December 2016.
(2) April 2013, when the interface that produced the biofuel is ahead of the 23. It was put into operation in January 2008. The interface within the meaning of the first sentence of sentence 1 and the second sentence of paragraph 2 is
1.
in the case of vegetable oil, the Oil mill,
2.
in the case of biodiesel, the esterification plant,
3.
in the case of hydrogenated plant or animal oils, the hydrogenation plant or co-hydrogenation plant,
4.
in the case of bioethanol, the bioethanol production plant,
5.
in the case of biogas the biogas plant as well as
6.
in all other cases the interface according to § 2 paragraph 3 Point 3.
(3) The calculation of the greenhouse gas reduction potential shall be based on actual values according to the methodology set out in Appendix 1. The actual values of greenhouse gas emissions shall be determined on the basis of data to be measured. Measurements of data are recognized as accurate if, in particular, they are in accordance with
1.
of a post- Ordinance approved certification system or
2.
of a rule that
a)
the Commission of the European Communities on the basis of the second sentence of the second subparagraph of Article 18 (4) or the third subparagraph of Directive 2009 /28/EC, or
b)
the competent authority
has been recognized as the basis for measuring accurate data,
. The competent authority shall make the rules referred to in the second sentence of the third sentence of point 2 by means of a separate letter in the Bundesanzeiger.(4) In calculating the greenhouse gas reduction potential referred to in paragraph 3, the default values listed in Appendix 2 may be used in whole or in part for the formula in Annex 1 (1), the default values as set out in Annex 2 (1). Point (e) and (2) (e) can only be used if the el-value calculated in accordance with Annex 1 (7) is less than or equal to zero. Sentence 1 shall apply to the sub-standard values set out in Annex 2 (1) (a) and (1) (e) only if
1.
the biomass
a)
outside of the Member States of the European Union or
b)
in the Member States of the European Union in territories which are included in a list referred to in Article 19 (2) of the Directive 2009 /28/EC
, or
2.
the biofuels have been produced from waste or from residues, unless the residual substances are produced from waste or from residues of residues.
(5) Where the Commission of the European Communities Annex V, Part C or D of Directive 2009 /28/EC is laid down in accordance with Article 19 (7) of this Directive or the Annex IV Part C or D of Directive 2009 /30/EC, as amended by Article 7d (7) of this Directive, adapts to technical and scientific progress, the amendments shall also be made in the calculation of the greenhouse gas reduction potential in accordance with the Paragraphs 3 and 4. unofficial table of contents

§ 9

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§ 10

(omitted)

Part 3
Evidence

Section 1
General Provisions

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§ 11 Proof of compliance with the requirements

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

§ 12 Further evidence

Further evidence that the requirements of Section 3 (1) are met can be used for the Fulfilment of the obligation under the Federal Immission Control Act to place a certain minimum proportion of biofuels on the market in the course of a calendar year are not required. The first sentence shall apply in respect of the granting of tax relief for biofuels in accordance with the Energy Tax Act. Non-official table of contents

§ 13 Transfer of evidence to the competent authority

Obligation to require copies of the evidence in accordance with § 11, the submit it to the Biofuel Quota Office or the main customs office for the detection, and shall immediately forward them to the competent authority in written form.

Section 2
Sustainability Certificates

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§ 14 Acknowledged Evidence

Acknowledged evidence of compliance with the Requirements according to § § 4 to 8 are:
1.
Proof of sustainability, as long as and insofar as they have been issued in accordance with § 15 or § 24,
2.
Sustainability credentials according to § 22,
3.
Sustainability credentials according to § 23 and
4.
Environmental expert certifications according to § 58 paragraph 1.
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§ 15 Exhibition of sustainability certificates

(1) Interfaces can issue a sustainability certificate for biofuels that they have produced, if
1.
they have a certificate that is recognised under this Regulation and which is valid at the time of issue of the sustainability certificate is,
2.
their upstream interfaces
a)
a copy of each of their certificates , which are recognised under this Regulation and which were valid at the time of the manufacturing, processing or other working step of the biomass carried out in the interface,
b)
confirm that the requirements according to § § 4 to 7 have been met in the production of biomass, and
c)
each in grams of carbon dioxide equivalent per megajoule of biomass or biofuel (g CO2eq/MJ) indicate the greenhouse gas emissions that are caused by them and all of them with the production or supply of the biomass directly or indirectly to holdings which are not themselves an interface in the manufacture and supply of the biomass, provided that they are used for the calculation of the biomass Greenhouse gas-reduction potential according to § 8 must be taken into
3.
the origin of the biomass from its cultivation to the interface at least with a mass balance system that meets the requirements of § 16, and
4.
the biofuel the greenhouse gas-mitigation potential according to § 8 .
(2) The exhibition must be carried out in a certification system, which is recognised under this Regulation.(3) Only interfaces for which no further interface is stored are permitted for the exhibition of sustainability certificates. Non-official table of contents

§ 16 Exhibition on the basis of mass balance systems

(1) In order to ensure that the origin of the biomass is completely uninterrupted for production , mass balance systems must be used which satisfy at least the requirements laid down in paragraph 2.(2) Mass balance systems must ensure that
1.
in the case of a mixture of biomass with other Biomass that does not meet the requirements of this Regulation,
a)
the amount of biomass that the the requirements laid down in this Regulation are fulfilled and annexed to this mixture, and
b)
the amount of biomass taken from the mixture and the quantity of biomass taken from the mixture. Biomass under this Regulation shall not exceed the quantity referred to in point (a),
2.
in the case of mixing of different amounts of
a)
Biofuel produced by one or more interfaces according to § 15, paragraph 3 and have different greenhouse gas mitigation potentials, these greenhouse gas mitigation potentials will only be salted if all the quantities that are added to the mixture before mixing the greenhouse gas-reduction potential according to § 8 , or
b)
Biomass biomass used for the production of biofuels according to this Regulation, and for which sustainability certificates are not yet available , and which have different greenhouse gas emissions, these greenhouse gas emissions are to be salted only if all the quantities added to the mixture have, prior to mixing, the value of the value for the mixture Work step of manufacture has been defined
aa)
from the Commission of the European Communities or
bb)
from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
3) The values referred to in paragraph 2, point 2 Point (b) of the double letter bb shall be deducted from the standard values set out in Appendix 2 and shall be made known by means of a separate letter in the Federal Gazette. They shall apply only if the Commission of the European Communities has not published values for the relevant working step of the production in the Official Journal of the European Union.(4) Any further requirements in certification systems that completely or partially exclude the mixing of biofuels with other biomass shall remain unaffected. Non-official table of contents

§ 17 Delivery on the basis of mass balance systems

(1) In order to get the origin of the biofuels from the interface that is the Proof of sustainability has to be demonstrated,
1.
the biofuels of this interface up to the obligation to be provided exclusively by suppliers who document the supply of biofuels in a mass balance system that meets the requirements of § 16, paragraph 2, and
2.
checking compliance with the requirement as specified in point 1.
(2) The requirements of paragraph 1 shall be deemed to be fulfilled if
1.
all suppliers have committed to meet the requirements of a Certification system, provided that it also includes requirements for the delivery of biofuels, or
2.
all suppliers to receive and to pass on the biofuels, including the evidence of sustainability and the place and date on which they have received or passed on these biofuels, have been documented in one of the following electronic databases:
a)
the database of a certification system, provided that the certification system is recognized in accordance with § 33 (2) also refers to the operation or use of this database, or
b)
the database of a certification body or any other legal or legal entity, or natural person, provided that it has been made known by the competent authority in the Federal Gazette as a recognised proof of the fulfilment of the requirements referred to in paragraph 1;
in the case of public interest, a database may also be used by the
() The requirements referred to in paragraph 1 shall also be deemed to have been fulfilled if
1.
all suppliers to receive and share biofuels, including the information provided by the Proof of sustainability and of the place and date on which they have received or passed on these biofuels in an electronic database and
2.
the mass balance system of all suppliers regular audits by the main offices for tax surveillance purposes under the Energy Tax Act or the supervision of the Obligation under the Federal Immission Control Act to place a certain minimum proportion of biofuels on the market in the course of the calendar year.
(4) The main offices shall immediately inform the competent authority of the on the outcome of the tests referred to in paragraph 3 (2).(5) The fulfilment of the requirements referred to in paragraph 1 shall be confirmed in the proof of sustainability by the supplier supplying the biofuel to the person responsible for the obligation to provide proof. Non-official table of contents

§ 18 Content and form of sustainability evidence

(1) Sustainability credentials must be at least as follows: contain:
1.
the name and address of the issuing interface,
1a.
the date of the exhibition,
2.
a unique record number that is at least from the Certificate number of the issuing interface and a number to be issued by this interface once,
3.
the name of the certification system, in which the proof of sustainability has been issued,
4.
the quantity and type of biofuels to which the sustainability certificate is issued ,
5.
the confirmation that the biofuels to which the sustainability certificate refers meet the requirements of § § 4 to 8, including
a)
in the case of § 8 paragraph 2, that the interface according to § 2, paragraph 3, number 2 or 3 before the 23. January 2008, or
b)
of the following information:
aa)
The energy content of the biofuels in megajoules,
bb)
the greenhouse gas emissions of the production and Delivery of biofuels in grams of CO2 equivalent per megajoule of biofuel (g CO2eq/MJ),
cc)
the comparison value for fossil fuels used for the calculation of the Greenhouse gas reduction potential according to Appendix 1, and
dd)
the countries or States where biofuels can be used; this indication may cover the entire area in which biofuels can be delivered and used without greenhouse gas emissions from production and delivery being subject to the greenhouse gas reduction potential in accordance with § 8
6.
will be the name and address of the supplier to which the biofuels will be passed on and
7.
the confirmation of the last supplier in accordance with § 17 paragraph 5.
(2) Sustainability credentials must be issued in written form.(3) Sustainability evidence must be submitted to the biofuel quota body or to the main customs office in the German language. Non-official table of contents

§ 19 Nightterm missing information

, which is not included in a sustainability certificate, contrary to § 18 (1), can only be added
1.
through the interface that issued the sustainability certificate, or
2.
by a CA that is recognized under this Regulation.
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§ 20 Invalidity of Sustainability Evidence

(1) Sustainability credentials are ineffective if
1.
contains one or more information in accordance with § § § § § § § § 20 Invalidity of Sustainability Evidence (1) Sustainability 18 paragraph 1 with the exception of point 5 (b) double letter dd not included,
2.
they are fake or contain an incorrect indication,
3.
the issuing interface certificate was not valid or no longer valid at the time of issue of the sustainability certificate,
4.
the certificate of sustainability or the certificate of the exhibiting interface has been issued in a certification system, which is at the time of the exhibition of the Proof of sustainability or of the certificate was not recognised or no longer recognised under this Regulation, or
5.
the certificate of the issuing interface of issued by a certification body which was not recognised or no longer recognised under this Regulation at the time of the issue of the certificate.
(2) In the case referred to in paragraph 1 (2), the biofuels shall be recognised in accordance with § 3, if
1.
is not aware of the inaccuracy of the information and it would not have the accuracy of the usual diligence in the course of the application of the information and
2.
the certificate of the issuing interface was valid at the time of issue of the sustainability certificate.
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§ 21 Additional consequences of missing or insufficient information

(1) Contains a sustainability certificate for the information on the Greenhouse gas mitigation potential not the reference value for the use for which the biofuels are used, must be the obligation for the obligation to comply with the statutory obligation under the Federal Immission Control Act, to place a minimum percentage of biofuels on the market in the course of a calendar year, as compared with the biofuel quota body, demonstrate that biofuels also have the potential for reducing greenhouse gas emissions in the case of such use. The competent authority may make known a method for the conversion of the greenhouse gas reduction potential for different uses in the Federal Gazette. Sentences 1 and 2 shall apply mutagens if the person or persons responsible for the obligation to the main customs office request a tax relief for biofuels in accordance with the Energy Taxation Act.(2) If a proof of sustainability does not include an indication in accordance with Article 18 (1) (5) (b) of the double letter dd, or where the biofuel is not placed on the market in the country or region in accordance with Article 18 (1) (5) (b) of the double letter, dd shall demonstrate to the biofuel quota body that the biofuel has the greenhouse gas reduction potential even in the case of a holding in that country or country. The first sentence shall apply to the use of tax relief for biofuels in accordance with the Energy Taxation Act. Non-official table of contents

§ 22 Recognised sustainability evidence on the basis of the Biomass Power Sustainability Regulation

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

§ 23 Other recognised sustainability certificates

(1) Sustainability evidence is also recognized as long as and in so far as they are recognised, in accordance with the law of the European Union or of another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, as proof that the requirements are in accordance with Article 17 (2) to (6) of Directive 2009 /28/EC, or in accordance with Article 7b (2) to (6) of Directive 2009 /30/EC, and where they have been issued
1.
from the authority responsible for the verification in that Member State,
2.
from the position, which has been recognised by the competent authority in accordance with the provisions of point 1, or
3.
from any other body responsible for the detection of the detection of such products; Accreditation body of the Member State on the basis of general criteria for bodies certifying products for which verification is accredited.
(2) As far as the Commission of the European Communities is concerned, under Article 18 of the Treaty The first sentence of the first subparagraph of paragraph 4 of Directive 2009 /28/EC, or on the basis of the second sentence of the first subparagraph of Article 7c (4) of Directive 2009 /30/EC, decides that the sustainability requirements for the production of biomass in a bilateral or A multilateral treaty concluded by the European Community with a third country, the sustainability requirements referred to in Article 17 (2) to (5) of Directive 2009 /28/EC or in Article 7b (2) to (5) of Directive 2009 /30/EC , compliance with the requirements of § § 4 to 8 may also be demonstrated by proof of sustainability, which proves that the biomass has been produced in this third country. In addition, the provisions of the bilateral or multilateral treaty must be observed for proof.(3) Regardless of paragraph 2, in the production of biomass in a third country which has concluded a bilateral or multilateral agreement with the European Community on the sustainable production of biomass, the fulfilment of the Requirements in accordance with § § 4 to 8 shall also be proved by sustainability evidence of the body designated in the contract if and to the extent that the contract meets the requirements of Article 17 (2) to (5) of Directive 2009 /28/EC or after Article 7b (2) to (5) of Directive 2009 /30/EC shall establish or enable such a determination. Where no body is designated in this Treaty, certificates issued by the authorities of the third country in accordance with points 1 to 3 of paragraph 1 shall be recognised as proof.(4) § 21 shall apply accordingly. Unofficial Table Of Contents

§ 24 Sustainability Substitutes

(1) The competent authority shall provide for quantities of biofuels for which a Proof of sustainability has been issued, at the request of the owner or the owner of the sustainability certificate sustainability certificate. The application shall be submitted electronically. The sustainability certificates will be issued immediately and electronically. Section 18 (1) shall apply accordingly.(2) Paragraph 1 shall apply in respect of quantities of biofuels for which a sustainability certificate has already been issued.(3) Where greenhouse gas reduction potentials or values for greenhouse gas emissions of different quantities of biofuels for which sustainability certificates or sustainability certificates have been issued, shall be subject to the conditions laid down in Article 16 (2) (2) 2 (a), the competent authority shall, at the request of the holder or the holder of the sustainability evidence or evidence of sustainability, issue a proof of sustainability certificate containing the values derived from the salting . The provisions of the second sentence of paragraph 1 shall apply accordingly.(4) In the case of a proof of sustainability in accordance with § 15 or § 22, the competent authority must send a copy of the sustainability partial proof immediately and electronically after the exhibition to the certification body, which is the interface, which issued the certificate of sustainability, issued the certificate. In the case of a sustainability certificate in accordance with § 23, it may submit a copy of the sustainability certificate to the authority or body which issued the proof of sustainability.(5) Sustainability certificates referred to in paragraphs 1 to 3 may be provided for biofuels supplied by suppliers who receive and share the biofuels in an electronic database pursuant to Article 17 (2) (2) shall also be issued by the operator of the electronic database. In the case of the first sentence, the operator of the database shall immediately and electronically transmit a copy of the proof of sustainability certificate to the competent authority; paragraph 4 shall not apply. Further requirements in the recognition of the electronic database or in certification systems remain unaffected.(6) The provisions of this Section shall apply mutagentily to the sustainability certificates issued in accordance with paragraphs 1 to 3 and 5, unless otherwise indicated in paragraphs 1 to 3 or 5. name="BJNR318200009BJNG000600000 " />

Section 3
Interfaces Certificates

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§ 25 Recognizing Certificates

recognized certificates within the meaning of this Regulation are:
1.
Certificates, as long as and insofar as they are issued in accordance with § 26,
2.
Certificates according to § 30 and
3.
Certificates according to § 31.
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§ 26 issue of certificates

(1) interfaces can be issued on request a certificate if
1.
they have committed themselves to at least the requirements of a certification system in the production of biomass or biofuel within the scope of this Regulation. , which is recognised under this Regulation,
2.
they have committed to do so in the case of interfaces pursuant to § 15 (3),
a)
in the exhibition of sustainability certificates to meet the requirements of § § 15 and 18 (1) and (2),
b)
Copies of all sustainability certificates issued under this Regulation to the certifying authority that issued the certificate shall be sent immediately to the certifying body, and
c)
Keep these sustainability records and all the documents required for their exhibition at least 10 years
3.
They ensure that all of them with the production or delivery of biomass or biofuel, directly or indirectly, do not are themselves an interface, have undertaken to comply with at least the requirements of a certification system recognised in accordance with this Regulation in the production of biomass or biofuel within the scope of this Regulation; and actually fulfill these requirements,
4.
they have committed to document the following:
a)
the fulfilment of the requirements of § § 4 to 7 by the interfaces and all of them with the production or delivery of the biomass or biofuel directly or indirectly concerned establishments which are not themselves an interface, in the certification system,
b)
the quantity and nature of the products used for manufacturing
c)
in the case of the interfaces referred to in Article 2 (3) (1), the site of biomass cultivation, as a polygon in geographical coordinates with a Accuracy of 20 meters for each single point, and
d)
each in grams of carbon dioxide equivalent per megajoule of biomass (g CO2eq/MJ) the greenhouse gas emissions, which are caused by the interfaces and all establishments which are directly or indirectly involved in the production or supply of biomass or of the biofuel, which are not themselves an interface, in the production and supply of biomass or of the Biofuels have been caused in so far as they have to be taken into account for the calculation of the greenhouse gas reduction potential in accordance with § 8,
and
5.
Compliance with the requirements set out in points 1 to 4 has been checked by the certification authority.
(2) After the expiry of the validity of a certificate, interfaces on request can only be issued with a new certificate if:
1.
they met the requirements of paragraph 1 (1) to (4) for the duration of the validity of the previous certificate,
2.
the documentation referred to in paragraph 1 (4) is traceable and
3.
the controls according to § 49 none
If an interface does not meet the requirements of paragraph 1 (1) to (4) during the period of validity of the previous certificate, and the extent of the irregularities and infringements is not significant, by way of derogation from the first subparagraph of point 1, a new certificate may also be issued if the interface neither intentionally nor grossly negligently did not fulfil the requirements and if the fulfilment of the requirements for the duration of the Validity of the new certificate is ensured.(3) Paragraphs 1 and 2 shall not affect the right of the interface to produce raw materials, fuels or fuels other than biofuels, as defined in this Regulation.(4) In order to issue certificates referred to in paragraphs 1 and 2, only certification bodies recognised in accordance with this Regulation which have been designated by the certification system referred to in paragraph 1 (1) shall be entitled to issue certificates in accordance with the provisions of paragraph 1 (1) of this Regulation. of this certification system. Non-official table of contents

§ 27 contents of certificates

certificates must contain the following information:
1.
a one-time certificate number that is at least from the registration number of the certification system, the registration number of the certificate authority, and one of the CA is composed of a unique number,
2.
the date of the exhibition, and
3.
the name of the certification system in which the certificate has been issued.
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§ 28 consequences of missing information

certificates are ineffective if they do not contain one or more information in accordance with § 27. Non-official table of contents

§ 29 Validity of the certificates

Certificates are valid for a period of 12 months from the date of issue of the Certificate valid. Non-official table of contents

§ 30 Recognizing certificates due to the Biomass Power Sustainability Regulation

(1) Certificates are also valid as , as long as and insofar as it is based on the Regulation on the requirements for the sustainable production of liquid biomass for electricity generation of 23. July 2009 (BGBl. 2174), as amended in the current version.(2) § 28 shall apply accordingly. Non-official table of contents

§ 31 Other approved certificates

(1) Certificates are also recognized as long as and as long as they are governed by the law of the The European Union, or any other Member State of the European Union or of another State Party to the Agreement on the European Economic Area, shall be recognised as proof that one or more interfaces are the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC or in accordance with Article 7b (2) to (6) of Directive 2009 /30/EC, and where they have been issued in the other Member State
1.
from the authority responsible for the verification in that Member State,
2.
from the position, which has been recognised by the competent authority in accordance with the provisions of point 1, or
3.
from any other body responsible for the detection of the detection of such products; Accreditation body of the Member State on the basis of general criteria for bodies certifying products for which verification is accredited.
(2) § 23 (2) and (3) shall apply accordingly. name="BJNR318200009BJNG000700000 " />

Section 4
Certification Systems

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§ 32 Recognizing Certification systems

Recognizing certification systems within the meaning of this Regulation are:
1.
Certification systems, as long as and insofar as they are based on § 33 or § 59 Paragraph 1,
2.
Certification systems according to § 40 and
3.
Certification systems according to § 41.
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§ 33 Recognition Certification systems

(1) Certification systems are recognized upon request when
1.
for The following information is named:
a)
a natural or legal person who is organizationally
b)
a delivery address in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area (EEA),
(c)
Certification bodies which are recognised under this Regulation and which use the respective certification system, and
d)
the countries or states to which they are
2.
ensure that the requirements set out in Articles 17 to 19 of Directive 2009 /28/EC or Articles 7b to 7d of Directive 2009 /30/EC, as specified in this Regulation, are fulfilled
3.
they are accurate, reliable, and protected from abuse, and assess the frequency and method of sampling, and the reliability of the data,
4.
ensuring an appropriate and independent review of the data and demonstrating that such a review is done, and
5.
For this purpose, they contain standards that meet at least the requirements of Annex III to the Agreement on Technical Barriers to Trade (OJ L 327, 30.4.2004, p. 86) and the requirements of Appendix 3.
(2) Insofar as the certification system operates an electronic database for the purpose of detecting, or uses, the supply of biofuels to: The requirements of § 17 (1) may also apply to the recognition of the recognition.(3) The proof that the requirements referred to in paragraph 1 are met shall be accompanied by the submission of appropriate documents. The competent authority may, in addition to the documents submitted, request further documents and carry out on-the-spot checks, as part of the recognition procedure in the certification systems, in so far as this is necessary for the decision on the application referred to in 1 is required. An on-the-spot check in another Member State of the European Union or a third country shall be carried out only if the other State agrees to this examination.(4) The recognition may include changes or additions to the certification system, in particular the standards for the more detailed determination of the requirements in accordance with § § 4 to 8, or may also be subject to conditions if this is necessary. in order to comply with the requirements laid down in paragraph 1.(5) The recognition can be recognised in accordance with the Regulation on the requirements for the sustainable production of liquid biomass for electricity production of 23. July 2009 (BGBl. 2174) are combined in the current version.(6) The recognition can be limited to
1.
individual types of biomass,
2.
individual countries or states,
3.
individual requirements according to § § 4 to 8, or
4.
the operation of an electronic database for the purpose of proof that the delivery of the biofuel meets the requirements of § 17 (1).
The competent authority may determine that the certification system shall be deemed to be recognised only in combination with a different certification system, in the case of a restriction as set out in the first sentence of 1 (3) or (4). Non-official table of contents

§ 34 Recognition Procedure

(1) In the recognition of certification systems, the public is through the competent authority. The design of the certification system as well as information on the recognition procedure must be published in the Federal Gazette. Natural and legal persons and other associations, in particular associations for the protection of the environment, shall, within a period of six weeks from publication, have the opportunity to submit a written statement to the competent authority. The date of the expiry date shall be communicated in the case of publication in accordance with the second sentence. The competent authority shall take due account of the opinions received by the competent authority in the decision on the recognition of the certification system.(2) The recognition procedure may be carried out through a single body in accordance with the provisions of the Administrative Procedure Law.(3) If the competent authority has not decided within a period of six months, the recognition shall be deemed to have been granted.(4) Without prejudice to the notification to the applicant, recognition shall be made known in the Federal Gazette. The notice shall, in summary form, be informed of the expiry of the recognition procedure and of the reasons and considerations on which recognition is based. The legitimate interests of the applicant must be respected. Non-official table of contents

§ 35 Content of recognition

The recognition of a certification system must contain the following information:
1.
a single registration number,
2.
the date of recognition,
3.
in the case of § 33, paragraph 2, the name of the electronic database, which must be used for the purpose of proof that the requirements of § 17 (1) are met, and
4.
Restrictions under § 33 (6).
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§ 36 Adorable Changes in Recognition

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

§ 37 Ererase of recognition

(1) The recognition of a certification system is extinguished if it is withdrawn, , revoked, otherwise cancelled or completed by time or by any other means.(2) The deletion of the recognition and the reason for the deletion referred to in paragraph 1 shall be made known by the competent authority in the Federal Gazette. Unofficial table of contents

§ 38 Revocation of recognition

The recognition of a certification system is to be revoked if the guarantee is a proper performance of the tasks under this Regulation is no longer given. In particular, recognition should be revoked if
1.
is not a prerequisite pursuant to § 33 (1) or is no longer satisfied, or
2.
the certification system does not comply with its obligations under § 39, not correct, not complete or not in good time
The recognition may also be revoked if control on the spot is not ensured. In the case of the test referred to in the second sentence of paragraph 1, the experience of certification bodies and interfaces with the certification system and the reports referred to in Article 52 and Article 53 (2) (3) may in particular be taken into account. Moreover, the provisions of the Administrative Procedure Act concerning the withdrawal and revocation of administrative acts shall remain unaffected. Non-official table of contents

§ 39 Reports and communications

(1) Certification systems must be submitted to the competent authority for each calendar year up to the 28. Transmit the following information electronically on request:
1.
a list of all interfaces, establishments and services. Suppliers who use this certification system in the manufacture or delivery of biomass under this Regulation, including the indication of which certification body they are controlled by, and
2.
a list of all the measures taken with interfaces, businesses or suppliers that meet the requirements of this Regulation
or the
systems must communicate changes in the lists referred to in paragraph 1 to the competent authority on a monthly basis.(3) Certification systems must publish all certificates of interfaces that use their preferences on their websites. Non-official table of contents

§ 40 Recognizing certification systems based on the Biomass Power Sustainability Regulation

Certification systems apply also recognised as long as and as long as they are based on the Regulation on the requirements for the sustainable production of liquid biomass for electricity production of 23. July 2009 (BGBl. 2174), as amended in the current version. Non-official table of contents

§ 41 Other trusted certification systems

Certification systems are also recognized as valid as long as and as far as they are
1.
by the Commission of the European Communities on the basis of the first sentence of the second subparagraph of Article 18 (4) of Directive 2009 /28/EC, or on the basis of Article 7c The first sentence of the second subparagraph of paragraph 4 of Directive 2009 /30/EC or
2.
in a bilateral or multilateral treaty to which the European Community is concluded with a third country
as a certification system for the purpose of determining the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC or in accordance with Article 7b (2) to (6) of Directive 2009 /30/EC. name="BJNR318200009BJNG000800000 " />

Section 5
Certification Authorities

Subsection 1
Certification Authorities Recognition

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§ 42 Recognizing Certification Authorities

Recognizing Certification Authorities for the purposes of this Regulation are:
1.
Certification bodies, as long as they are recognized in accordance with § 43 (1) or § 59 (1),
2.
Certification Authorities according to § 56 and
3.
Certification Authorities according to § 57.
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§ 43 Recognition of certification bodies

(1) Certification bodies are accepted on request if they are
1.
name the following:
a)
the names and addresses of the people in charge, as well as
b)
the countries or states in which they perform tasks under this
2.
demonstrate that they are
a)
over the
b)
on a sufficient number of suitably qualified and qualified staff; and (b)
experienced employees and
c)
with a view to carrying out the tasks assigned to them, independently of the certification systems, interfaces, companies and suppliers as well as free of any conflict of interest
3.
meet the requirements of DIN EN 45011, March 1998, carry out their conformity assessments according to the standards of the ISO/IEC Guide 60, issue September 2004, and their inspections meet the requirements of DIN EN ISO 19011, edition December 2002, *)
4.
have committed themselves in writing in accordance with Appendix 3, point 1, letter e, and
5.
have a delivery-ready address in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area.
(2) Proof that the requirements referred to in paragraph 1 are met shall be provided by the submission of appropriate documentation on the operational equipment of the respective certification body, its structure and its staff. . In the case of certification bodies operated by at least two environmental verifiers, the requirements of paragraph 1 (3) shall be deemed to be fulfilled. The competent authority may, in addition to the documents submitted, request further documents and carry out on-the-spot checks, as part of the recognition procedure, with the certification bodies, to the extent that this is necessary for the decision on the application referred to in paragraph 1. is required. The third sentence of Article 33 (3) shall apply accordingly.(3) The recognition may also be subject to conditions if it is necessary for the proper conduct of the activities of a certification body.(4) The recognition can be recognised in accordance with the Regulation on the requirements for the sustainable production of liquid biomass for power generation of 23. July 2009 (BGBl. 2174) are combined in the current version.(5) The recognition may be limited to
1.
individual types of biomass or biofuel or
2.
individual countries or states.
*)
All DIN, ISO/IEC and DIN EN ISO standards, to which reference is made in this regulation, are to be obtained from Beuth-Verlag GmbH, Berlin, and deposited in the German Patent and Trademark Office in Munich in an archival way.
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§ 44 Procedure for recognition

§ 34 (2) and (3) are to be applied to the recognition procedure accordingly. The recognition shall be made known by the competent authority in the Federal Gazette. Non-official table of contents

§ 45 Content of recognition

The acknowledgement of a certificate authority must contain the following information:
1.
a single registration number,
2.
the date of recognition, and
3.
Limitations according to § 43 paragraph 5.
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§ 46 Ererase Recognition

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

§ 47 Revocation of recognition

The recognition of a certificate authority is to be revoked if the guarantee is for a the proper performance of the tasks under this Regulation is no longer met. In particular, recognition should be revoked if
1.
is not met or is no longer satisfied in accordance with § 43, paragraph 1, or
2.
The CA does not fulfill its obligations under § § 48 to 54, not correct, not complete or not in good time.
The recognition can also be revoked , if control is not ensured on the spot. The provisions of the Administrative Procedure Act concerning the withdrawal and the revocation of administrative acts remain unaffected.

Subsection 2
Tasks of Certification Authorities

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§ 48 Guide of interface directories

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

§ 49 Control of interfaces

The certification bodies control the certificate at the latest six months after the exhibition of the first certificates and, by the way, at least once a year, whether the interfaces continue to fulfil the requirements for issuing a certificate in accordance with § 26. The competent authority may, with reasonable suspicion, in particular on the basis of the reports in accordance with § 52, determine that an interface must be checked in shorter periods of time, even in the cases of § 26 (2) sentence 2. Non-official table of contents

§ 50 Control of the installation

The certification bodies, the interfaces according to § 2, paragraph 3, point 1, a certificate shall, on the basis of appropriate criteria, check whether the establishments designated by the interfaces in which the biomass is grown or harvested for the purposes of the production of biofuels shall comply with the requirements laid down in § § 4 to 7. The nature and frequency of the checks referred to in the first sentence shall, in particular on the basis of an assessment of the risk, determine whether irregularities and infringements occur in relation to the fulfilment of those requirements. At least 5 per cent of the holdings are to be checked annually. Non-official table of contents

§ 51 Control of sustainable agricultural cultivation

becomes biomass for the purpose of manufacturing of biofuels within the framework of agricultural activities in a Member State of the European Union, compliance with the requirements of § 7 shall be deemed to have been demonstrated when holdings
1.
Direct payments pursuant to Regulation (EC) No 73/2009 or aid for area-related measures referred to in Article 36 (a) (i) to (v) and (b) (i), (iv) and (v) of the Council Regulation (EC) No 1698/2005 of 20 June 2005. September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 327, 28.12.2005, p. 1), which oblige them to comply with the requirements of cross compliance, or
2.
as an organisation under Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS) (OJ L 327, 28.3.2001, p. 1).
Of these companies, only 3% must be checked annually in accordance with § 50; the control is limited to whether these establishments comply with the requirements of § § 4 to 6. . Non-official table of contents

§ 52 Reports on Controls

Certification bodies must create a report after each check has been completed. in particular the control result. If the control has shown that the interface, operation or supplier has not complied with the requirements laid down in this Regulation, the report shall be submitted to the competent authority without delay after completion of the control and electronically shall be transmitted. Non-official table of contents

§ 53 Additional reports and communications

(1) Certification bodies must be immediately and immediately Transmit electronically copies of all the following references:
1.
Proof of sustainability of all interfaces certified by them,
2.
Supplements according to § 19,
3.
Certificates according to § 26 (1) and 2.
Certification bodies can Obligation to transmit copies of the sustainability certificates as set out in point 1 of the first sentence of the competent authority, to the interface.(2) Certification bodies shall be required by the competent authority for each calendar year up to 28. The following reports and information shall be transmitted electronically on request in February of the following calendar year:
1.
an excerpt from the List of interfaces according to § 48, as well as a list of all other companies and suppliers that they control, broken down by certification system,
2.
a list of all the checks carried out in the calendar year at interfaces, establishments and suppliers, broken down by certification system, with the exception of the checks referred to in the second sentence of section 52 of this Regulation, and
3.
a report on their experience with the certification systems they use; this report must include all the facts that are relevant to the assessment can be essential if the certification systems continue to meet the requirements for recognition in accordance with § 33.
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§ 54 Storage, handling of information

(1) Certification bodies must keep the control results and copies of all certificates issued by them on the basis of this Regulation for at least ten years.(2) As far as certification bodies carry out tasks pursuant to this Regulation, they shall be deemed to be information-related bodies in accordance with Section 2 (1) (2) of the Environmental Information Act of 22. December 2004 (BGBl. 3704) within the scope of the Environmental Information Law.

Subsection 3
Monitoring of Certification Authorities

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§ 55 Controls and measures

(1) The competent authority shall monitor the certification bodies recognised under this Regulation. The third sentence of Article 33 (3) shall apply accordingly.(2) The competent authority may, in respect of certification bodies, take the necessary measures to remedy any shortcomings identified and to prevent any future deficiencies. In particular, it may require that an employee of a certification body no longer be allowed to check whether the requirements of this Regulation are met due to a lack of independence, technical expertise or reliability. .(3) If environmental verifiers are recognised as certification bodies in accordance with this Regulation, the powers of the Admissions Office shall remain unaffected by paragraphs 1 and 2 in accordance with Section 28 of the Environment Act.

Subsection 4
Other Trusted Certification Authorities

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§ 56 Recognised certification bodies based on the Biomass Power Sustainability Regulation

(1) Certification bodies shall also be deemed to be recognised as long as and insofar as they are subject to the requirements of the Regulation on the sustainable production of Liquid biomass for electricity production of 23. July 2009 (BGBl. 2174), as amended in the current version.(2) Subsections 2 and 3 of this section shall apply mutatily, unless otherwise indicated in the Regulation referred to in paragraph 1. Non-official table of contents

§ 57 Other approved certification bodies

(1) Certification bodies shall also be deemed to be recognized as long as and to the extent that: they
1.
from the Commission of the European Communities,
2.
from another Member State of the European Union or
3.
in a bilateral or multilateral treaty concluded by the European Community with a third country ,
are recognised as certification bodies for the mandatory monitoring of compliance with the requirements of Article 17 (2) to (6) of Directive 2009 /28/EC or in accordance with Article 7b (2) to (5) of Directive 2009 /30/EC, and they shall carry out tasks in accordance with this Regulation, also in a certification system which is recognised in accordance with this Regulation.(2) Subsections 2 and 3 of this Section shall be applied only in accordance with the provisions of the Commission of the European Communities or of the respective bilateral or multilateral treaty. name="BJNR318200009BJNG001300000 " />

Section 6
Special and Transient Provisions for Evidence

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§ 58 Evidence from environmental verifiers

(1) The fulfilment of the requirements of this Regulation can be carried out in the case of biofuels, which may be up to 31% of the total amount of the product. December 2011, in order to comply with the statutory obligation under the Federal Immission Control Act, as amended, to place a minimum proportion of biofuels on the market in the course of a calendar year, compared with the biofuel quota is also demonstrated by a certificate issued by an environmental verifier or an environmental verifier. The provisions of the first sentence shall apply if the person or persons responsible for the obligation to the main customs office request a tax relief for biofuels in accordance with the Energy Taxation Act.(2) The certificate referred to in paragraph 1 shall contain the following information:
1.
a confirmation that the requirements are met in accordance with § § 4 to 8,
2.
a full documentation of the production and delivery and confirmation that the origin of the biofuels has been proven in accordance with § 16,
3.
the energy content of the amount of biofuel in megajoules,
4.
the greenhouse gas mitigation potential of the Biofuel in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ) and
5.
in the case of a calculation of the greenhouse gas-mitigation potential according to § 8 (3) the actual values, separated according to the individual stages of manufacture and delivery in grams of carbon dioxide equivalent per megajoule of biofuel (g CO2eq/MJ).
(3) Where the competent authority is responsible for certification schemes of this Regulation, the environmental verifiers shall use the standards of a certification system when issuing certificates in accordance with paragraphs 1 and 2.(4) The initial issuing of a certificate referred to in paragraph 1 shall indicate the environmental verifier or the environmental verifier of the competent authority. Prior to the first issuing of a certificate for biofuels from biomass grown outside the Member States of the European Union and other States Parties to the Agreement on the European Economic Area, the Environmental verifier or the environmental verifier, in addition to the competent authority, in writing, declare that they are responsible for exercising supervision outside the Member States of the European Union, in accordance with To tolerate the provisions of the Environmental Law. The third sentence of Article 33 (3) shall apply accordingly.(5) Environmental verifiers shall immediately and electronically transmit copies of certificates issued in accordance with paragraph 1 to the competent authority. Non-official table of contents

§ 59 Proof of preliminary recognition

(1) The competent authority may have certification systems and Certification authorities shall, for the time being, recognise the conditions for certification if a final examination of the conditions in accordance with § 33 (1) and § 43 (1) is not possible, but the conditions shall be met with sufficient probability. In the case of the provisional recognition of certification systems, § 33 (1) (1) remains unaffected, § 34 (1) shall not apply and § 34 (3) shall be applied with the proviso that the period shall be three months. In the case of the provisional recognition of certification bodies, § 43 (1) (1), (4) and (5) remain unaffected.(2) The provisional recognition shall be limited to twelve months.(3) A legal right to provisional recognition does not exist.(4) Certification systems and certification bodies cannot derive any legal rights from a preliminary recognition.

Part 4
Data collection and processing, reporting obligations, regulatory authorities Procedure

Non-official table of contents

§ 60 Information register

(1) The competent authority shall keep a central register of all certification systems, certification bodies, certificates, certificates, certificates, certificates and reports in connection with the verification of the evidence provided for in this Regulation (information register). (2) The competent authority shall have the biofuel quota office the necessary information on the supervision of the legal obligation of those responsible for the obligation under the Federal Immission Control Act to place a certain minimum proportion of biofuels on the market during the calendar year, to Request to be granted. The obligation laid down in the first sentence shall apply in accordance with the main provisions for the granting of tax relief for biofuels in accordance with the Energy Taxation Act. Non-official table of contents

§ 61 Reconciliation

(1) The competent authority resembles the data in the information register with all the data that the As well as with the information register in accordance with § § 66 et seq. the Regulation on the requirements for the sustainable production of liquid biomass for power generation from 23 July 2009 (BGBl. 2174), as amended.(2) In the case of sustainability certificates in accordance with § 23, the competent authority may match data with the authority or body which issued such evidence. § 69 sentence 2 shall remain unaffected. Non-official table of contents

§ 62 Right to information of the competent authority

The competent authority may be subject to evidence, certification bodies, Interfaces, suppliers, main olderers, the biofuel quota office, in the case of certification systems by the persons according to § 33 (1) (1) (a) and in the case of § 58 of environmental verifiers and environmental verifiers further Request information to the extent necessary to
1.
perform the tasks under this Regulation
2.
to monitor if the requirements of this Regulation are met
3.
the reporting requirements of the Federal Government to meet the German Bundestag and the Bundesrat, in particular according to § 37f of the Federal Immission Control Act, or
4.
the reporting obligations of the Federal Republic of Germany to the institutions of the European Union.
Non-official contents of the table of contents

§ 63 Reporting obligation of the competent authority

The competent authority shall evaluate this Regulation on a regular basis and shall, for the first time, submit to the Federal Government 31. December 2010 and then each year an experience report. Non-official table of contents

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

Based on the reports According to § 63, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety of the Commission of the European Communities shall report on
1.
the fulfillment of the requirements of this Regulation and
2.
the impact of the production of the of the Federal Republic of Germany on the transport of biofuels to sustainability.
The report must assess whether the use of biofuels is socially responsible. Non-official table of contents

§ 65 Data delivery

(1) To the extent that this is necessary for the implementation of the regulation or for the fulfilment of reporting requirements of the Federal Government is required, the competent authority may submit information to
1.
Federal Authorities:
a)
the Federal Ministry of Finance,
b)
the Federal Ministry of Food, Agriculture and Consumer Protection,
c)
the Federal Ministry of Food, Agriculture and Consumer Protection Environment, nature conservation and reactor safety, and
d)
the downstream authorities of these ministries, in particular the biofuel quota and the Main offices
2.
Authorities of other Member States of the European Union as well as of third countries and their other bodies in accordance with § 23 (1) (1) to (1) to 3,
3.
European Union institutions and
4.
Certification systems.
(2) The transfer of personal data to the bodies referred to in paragraph 1 (1) is only permitted under the conditions of § 15 of the German Federal Data Protection Act (Bundesdatenschutzgesetz). The transmission of these data to the bodies referred to in paragraph 1 (2) and (3) shall only be permitted under the conditions of § § 4b and 4c of the Federal Data Protection Act. The transfer of personal data to the bodies referred to in paragraph 1 (4) is only permitted under the conditions laid down in § 16 of the German Federal Data Protection Act. Non-official table of contents

§ 66 jurisdiction

(1) The Federal Institute for Agriculture and Food is responsible for
1.
the recognition of regulations pursuant to § 8 (3) sentence 3, point 2 (b), their announcement according to § 8 (3) sentence 4 and the notice under Annex 1 (10), second sentence,
2.
the receipt of evidence pursuant to § 13,
3.
the publication of an electronic database and, if the database is not operated by a certificate authority or any other legal entity or a natural person , the operation of this database in accordance with Section 17 (2) (2),
4.
the announcement according to § 21, paragraph 1, sentence 2,
5.
the exhibition of sustainability certificates in accordance with § 24,
6.
the recognition and supervision of Certification systems according to Part 3, Section 4, and in accordance with § 59,
7.
The recognition and supervision of certification bodies in accordance with Part 3, Section 5, Subsection 1 to 3 and § 59,
8.
the receipt of advertisements and declarations pursuant to § 58 (4),
9.
Perform a central information register in accordance with Part 4,
10.
obtaining information in accordance with § 62,
11.
the reports according to § 63,
12.
the transmission of data in accordance with § 65,
13.
the publication of patterns and forms according to § 68 (2) and
14.
the enforcement of this regulation The Federal Ministry of Food, Agriculture and Consumer Protection is responsible for the legal and professional supervision of the Federal Institute for Agriculture and Food, except for the second sentence of § 4 (4) sentence 1.
(2). The Federal Ministry of Food, Agriculture and Consumer Protection, after agreement with the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, has established legal and technical questions of fundamental importance. of the Federal Ministry of Finance. Non-official table of contents

§ 67 Procedure before the competent authority

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

§ 68 Patterns and forms

(1) The following documents are used to use forms and patterns:
1.
for certificates in accordance with § 26,
2.
for the reports and communications according to § § 52 and 53,
3.
for the certificates pursuant to § 58 paragraph 1 as well as
4.
for sustainability proofs according to § 18 and the sustainability certificates according to § 24.
(2) The competent authority shall publish the forms and Samples and the format of electronic data transmission in the Federal Gazette as well as on their website. It can publish a translation in the Federal Gazette as well as on its website for sustainability certificates and sustainability certificates, which have been issued in English or in another language. Non-official table of contents

§ 69 External Transport

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

Part 5
Transial and Final Provisions

unofficial table of contents

§ 70 Transitional provision

This regulation is not applicable to biofuels that are before the 1. It will be placed on the market in January 2011. Non-official table of contents

§ 71 Entry into force

(1) § § 24 and 34, paragraph 2, occur on 1. January 2010 will be in force.(2) In addition, this Regulation shall enter into force on 2 July 2008. November 2009, in force. unofficial table of contents

Appendix 1 (to § 8 paragraph 3)
method of calculating the greenhouse gas mitigation potential based on actual values

(Fundstelle: BGBl. I 2009, 3200-3202;
of individual changes, see Footnote)
1.
The greenhouse gas emissions in the production, delivery and The use of fuels (biofuels and fossil fuels) is calculated as follows
E= eec + el + ep + etd + eu-esca-eccs-eccr-eee
are:
E= Total emissions when using the fuel,
eec=emissions at the extraction of raw materials, in particular in the cultivation and harvesting of biomass from which the biofuels are produced,
el= year-on-year emissions due to changes in the carbon footprint resulting from land use changes,
ep =emissions during processing,
etd= Emissions in delivery,
eu=Emissions from the use of the Fuel,
esca=Emissions savings from the accumulation of carbon in the soil as a result of better agricultural management practices,
eccs=emission savings through capture and geological storage of carbon dioxide,
eccr=Emission savings through deposition and replacement of carbon dioxide,
eee=Emissions savings from excess electricity Cogeneration
Theassociated with the production of equipment and equipment are not taken into account.
2.
The emissions caused by fuels Emissions of greenhouse gases (E) are expressed in grams of carbon dioxide equivalent per megajoule of fuel (g CO2eq/MJ).
3.
By way of derogation from point 2, it is possible to fuels the values calculated in g CO2eq/MJ to be adjusted in such a way as to take into account differences between fuels in the benefit of the work carried out in the km/MJ. Such adjustments are only permitted if evidence is given of the differences in the amount of work done.
4.
The use of biofuels Greenhouse gas emissions savings achieved are calculated as follows:
SAVING= (EF-EB) /EF
are:
EB=Total emissions when using biofuels,
EF=Total fossil fuel comparison value.
5.
The greenhouse gases taken into account for the purposes set out in point 1 are carbon dioxide (CO2), nitrous oxide (N2O) and methane (CH4). In order to calculate the CO2 equivalence, these gases are weighted as follows:
CO2:1 
N2O:296
CH4: 23
6.
The emissions from the extraction or cultivation of biomass (eec) include the emissions of the profit or cultivation process itself, the collection of raw materials, waste and leaks, and the production of the chemicals used for extraction or cultivation. The carbon dioxide binding in the cultivation of biomass is not taken into account. Certified reductions in greenhouse gas emissions from the flaring of oil extraction sites in all parts of the world are deducted. As an alternative to the actual values, estimates can be derived from the averages calculated for smaller than the geographical areas used in the calculation of the default values for the cultivation of emissions. .
7.
The annual emissions of carbon stock changes due to changes in land use (el) are achieved through a uniform distribution of the Total emissions over 20 years calculated. These emissions are calculated as follows:
el=(CSR-CSA) x 3 664 x 1/20 x 1/P- eB
el=converted to the year Greenhouse gas emissions from carbon stock changes due to changes in land use (measured as mass of carbon dioxide equivalent per unit of energy of the biofuel)
CSR =the carbon stock associated with the reference surface per unit area (measured as the mass of carbon per unit area, including soil and vegetation). Land use of the reference areas is land use at the reference time or 20 years prior to the extraction of the raw material, depending on which time is later,
CSA =the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area including soil and vegetation). If the carbon stock accumulates more than one year, the CSA value of the estimated carbon stock per unit area is considered to be 20 years or at the time of maturity of the plants, whichever is the earlier.
P=Plant productivity (measured as the energy of biofuels per unit area per year) and
eB=Bonus of 29 g CO2eq/MJ biofuel if the biomass is on the basis of the number 8 restored degraded areas.
8.
The bonus of 29 g CO2eq/MJ will be granted if proof is provided that the
a)
is not used for agricultural purposes or for any other purpose at the reference time And
b)
falls under one of the following two categories:
aa)
heavily degraded areas including earlier agricultural areas or
bb)
strong polluted areas.
bonus of 29 g CO2eq/MJ shall apply for a period of up to 10 years from the date of the conversion of the area into an agricultural area, provided that a continuous increase of carbon stocks and a significant decrease in erosion on land as defined in the first sentence of point (b) of the double letter (aa), and the soil pollution on land shall be reduced by double letter bb.
9.
The categories referred to in point 8, set 1, point (b) are defined as follows:
a)
Heavily Degraded Surfaces are surfaces,
aa)
which have been lost during a longer period or
bb)
very few organic substances
and which are strongly eroded, and
b)
heavily polluted areas are surfaces that are unsuitable for the cultivation of land due to soil pollution. as
referred to in point 8, first sentence, point (b), all the areas covered by a decision of the Commission of the European Communities on the basis of the fourth subparagraph of Article 18 (4) of the Directive shall also apply. 2009 /28/EC or the fourth subparagraph of Article 7c (4) of Directive 2009 /30/EC as severely damaged or heavily polluted areas.
10.
As soon as the Commission of the European Communities, under Annex V, Part C (10), first sentence, of Directive 2009 /28/EC or, on the basis of Annex IV, Part C (10), first sentence of Directive 2009 /30/EC, guidelines for the calculation of the Soil carbon stock shall be based on the calculation of the soil carbon stock in accordance with this Appendix. The competent authority is aware of the content of these guidelines in the Federal Gazette.
11.
The emissions in processing (ep) exclude emissions from the processing itself, from waste and leaks as well as in the manufacture of the chemicals or other products used for processing. In taking into account the consumption of electricity not produced in the fuel production plant, it is assumed that the greenhouse gas emission intensity in the production and distribution of this electricity is the average. Emission intensity in the production and distribution of electricity in a given region. By way of derogation from the second sentence, the producers may use an average value for the electricity produced by a single power generation plant, provided that this system is not connected to the power grid.
12.
The emissions in delivery (etd) include the transport and storage of raw materials and semi-finished products, as well as the storage and distribution of Production of finished products. The first sentence shall not apply to emissions from transport and distribution, which shall be taken into account in accordance with point 6.
13.
The emissions from the use of the fuel (eu) shall be: for biofuels set to zero.
14.
The emission savings through the capture and geological storage of carbon dioxide (eccs) that are not yet in place in ep , shall be limited to emissions avoided by the capture and sequestration of emitted carbon dioxide and directly related to the extraction, transport, processing and distribution of the fuel
15.
The emission savings from carbon capture and replacement (eccr) are limited to carbon capture and carbon capture the avoided emissions in which the carbon comes from biomass and is used for commercial products and services instead of the carbon dioxide that is derived from fossil fuels.
16.
The emission savings from excess electricity from combined heat and power (eee) is taken into account in relation to the electricity surplus, which is Fuel production systems with combined heat and power are produced, except in cases where other by-products are used as fuel as crop residues. In order to take account of this excess electricity, it is assumed that the size of the combined heat and power (CHP) plant corresponds to the minimum size required to provide the heat required for the production of the fuel. The reductions in greenhouse gas emissions associated with this excess electricity will be equated to the amount of greenhouse gas emitted in the production of a corresponding amount of electricity in a power plant using the same fuel as the cogeneration plant.
17.
In the case of a process for the production of fuels, in addition to the fuel for which the emissions are calculated, other products shall be used. (By-products), the resulting greenhouse gas emissions shall be divided between the fuel or its intermediate product and the by-products, in accordance with their energy content. The energy content shall be determined in the case of other by-products as electricity by the lower calorific value.
18.
For the purposes of the calculation referred to in point 17, the Emissions eec + el, + the shares of ep, etd and eee, which are incurred up to and including the procedural step in which a secondary product is produced. Where emissions have been assigned to by-products in an earlier stage of the process, the fraction of these emissions shall be used for this purpose instead of the total emissions, which shall be allocated to the intermediate product in the last procedural step. In the case of biofuels, all by-products, including electricity not falling under point 16, shall be taken into account for the purposes of the calculation, with the exception of crop residues, such as straw, bagasse, husks, cobs and nut shells. For the purposes of the calculation, the energy content of by-products with a negative energy content shall be zero. The life-cycle greenhouse gas emissions of waste, crop residues such as straw, bagasse, husks, corn cobs and nut shells, as well as Production residues including crude glycerine (not refined glycerine) shall be fixed at zero until these materials are collected. In the case of fuels manufactured in refineries, the analysis unit shall be used for the purposes of calculation according to point 17, the refinery.
19.
For the purposes of the calculation referred to in point 4, the reference value for fossil fuels EF is the current value for the calculation according to Directive 98 /70/EC Available actual average of greenhouse gas emissions from fossil petrol and diesel fuels of the European Communities. As long as this value is not yet available, for the purposes of the calculation referred to in point 4, the reference value for fossil fuels EF is 83.8 g CO2eq/MJ. Directive 98 /70/EC refers to Directive 98 /70/EC of the European Parliament and of the Council of 13 June 2000 on the European Parliament and of the Council Council Directive 93 /12/EEC on the quality of petrol and diesel fuels and amending Council Directive 93 /12/EEC (OJ L 376, 27.12.1998, p. 86, L 124, 25.5.2000, p. 66), which was last amended by Directive 2009 /30/EC (OJ L 327, 28.12.2009, p. 88), as amended.
Non-Official Table of Contents

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

(Fundstelle: BGBl. I 2009, 3203-3208;
of individual changes, see Footnote)
1.
Default values for biofuels
a)
Part defaults for cultivation (eec as defined in Appendix 1): Manufacturing path of biofuel standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) ethanol from sugar beet 12
bb) Ethanol from Wheat 23
cc) ethanol made from corn, made in a Member State of the European Union 20
dd) Ethanol from sugar cane 14
ee) Biodiesel from rapeseed 29
ff) Biodiesel from Sunflowers 18
gg) ETBE, share from renewable sources As with the
Manufacturing Path
for ethanol
hh) TAEE, share from renewable sources As with the
ethanol production path
ii) Biodiesel from soybeans 19
jj) Biodiesel from Palmöl 14
kk) Biodiesel from vegetable or animal waste oil with the exception of animal oils derived from animal by-products, as defined in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 June 2002 on the October 2002 laying down the health rules for animal by-products not intended for human consumption (OJ L 327, 30.12.2002, p. 1) as material of category 3.





ll) hydrogenated rapeseed oil 30
mm) hydrated sunflower oil 18
nn) hydrated palm oil 15
oo) pure rapeseed oil 30
pp) (omitted)
qq) (omitted)
rr) Biogas from organic municipal waste as compressed natural gas 0
ss) Biogas from Gülle as compressed natural gas 0
tt) Biogas from dry mist as compressed natural gas0
b)
Substandard values for processing including electricity surplus (ep-eee as defined in Appendix 1): Production route of standard biofuel driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from sugar beet 26
bb) Ethanol from wheat (process fuel not specified) 45
cc) Ethanol from wheat (lignite as process fuel in cogeneration plant) 45
dd) Ethanol from wheat (natural gas as Process fuel in conventional plant) 30
ee) Ethanol from wheat (natural gas as process fuel in CHP plant) 19
ff) Ethanol from wheat (straw as process fuel in CHP plant) 1
gg) ethanol made from maize, produced in a Member State of the European Union (natural gas as Process fuel in CHP plant)
21
hh) Ethanol from sugar cane 1
ii) ETBE, share from renewable sources As with the
manufacturing path
for ethanol
jj) TAEE, share from renewable sources As with the
Manufacturing Path
for ethanol
kk) Biodiesel from rapeseed 22
ll) Biodiesel from Sunflowers 22
mm) Biodiesel from soya beans 26
nn) Biodiesel from Palmöl (process fuel not specified) 49
oo) Biodiesel from Palmöl (processing with methane binding at the oil mill) 18
pp) Biodiesel from herbal or animal waste oil 13
qq) hydrogenated rapeseed oil 13
rr) hydrated sunflower oil 13
ss) Hydrogenated Palm Oil (process not specified) 42
tt) Hydrogenated Palm Oil (processing with methane binding at the oil mill) 9
uu) Pure Rapsöl 5
vv) (omitted)
ww) (omitted)
xx) Biogas from organic municipal waste as compressed natural gas 20
yy) Biogas from Gülle as compressed natural gas 11
zz) Biogas from dry mist as compressed natural gas11
c)
Substandard values for delivery (etd as defined in Appendix 1): Manufacturing path of biofuel standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from sugar beet 2
bb) Ethanol Weizen 2
cc) Ethanol from corn, made in a Member State of the European Union 2
dd) Ethanol Sugar cane 9
ee) Biodiesel from rapeseed 1
ff) Biodiesel from Sunflowers 1
gg) ETBE, share from renewable sources As with the
manufacturing path
for Ethanol
hh) TAEE, Share from renewable sources As with the
manufacturing path
for ethanol
ii) Biodiesel from soya beans 13
jj) Biodiesel from Palmöl 5
kk) Biodiesel from herbal or animal waste oil 1
ll) hydrogenated rapeseed oil 1
mm) hydrated sunflower oil 1
nn) hydrated palm oil 5
oo) Pure Rapsöl 1
pp) (omitted)
qq) (omitted)
rr) Biogas from organic municipal waste as compressed natural gas 3
ss) Biogas from Gülle as compressed natural gas 5
tt) Biogas from dry-mist as compressed natural gas4
d)
Overall default production and delivery values: The production path of the standard biofuel driving-
domestic 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 cogeneration 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 KWK-Anlage) 44
ff) Ethanol from wheat (straw as process fuel in CHP plant) 26
gg) ethanol made from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)
43
hh) ethanol from sugar cane 24
ii) Biodiesel from rapeseed 52
jj) ETBE, share from renewable sources As with the
manufacturing path
for ethanol
kk) TAEE, share from renewable sources As with the
manufacturing path
for Ethanol
ll) Biodiesel from Sunflowers 41
mm) Biodiesel from soya beans 58
nn) Biodiesel from Palmöl (process fuel not specified) 68
oo) Biodiesel from Palmöl (processing with methane binding at the oil mill) 37
pp) Biodiesel from herbal or animal waste oil 14
qq) hydrogenated rapeseed oil 44
rr) hydrated sunflower oil 32
ss) Hydrogenated Palm Oil (process not specified) 62
tt) Hydrogenated Palm Oil (processing with methane binding at the oil mill) 29
uu) Pure Rapsöl 36
vv) (omitted)
ww) (omitted)
xx) Biogas from organic municipal waste as compressed Natural gas 23
yy) Biogas from Gülle as compressed natural gas 16
zz) Biogas from dry-mist as compressed natural gas 15
e)
Greenhouse gas reduction compared to the fossil reference fuel: Manufacturing path of biofuel default
for 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 KWK-Anlage) 16%
dd) Ethanol from wheat (natural gas as process fuel in conventional plant) 34%
ee) Ethanol from wheat (natural gas as process fuel in CHP plant) 47%
ff) Ethanol from wheat (straw as process fuel in CHP plant) 69%
gg) ethanol made from corn, made in a Member State of the European Union (natural gas as process fuel in cogeneration plant)
49%
hh) Ethanol from sugar cane 71%
ii) ETBE, share from renewable sources As with the
Manufacturing Path
for ethanol
jj) TAEE, share from renewable sources As with the
ethanol production path
kk) Biodiesel from rapeseed 38%
ll) Biodiesel from Sunflowers 51%
mm) Biodiesel from soybean 31%
nn) Biodiesel from Palmöl (process fuel not specified) 19%
oo) Biodiesel from Palmöl (processing with methane binding at the Oil Mill) 56%
pp) Biodiesel from herbal or animal waste oil 83 %
qq) hydrogenated Rapeseed oil 47%
rr) hydrated sunflower oil 62%
ss) Hydrogenated Palm Oil (process not specified) 26%
tt) Hydrogenated Palm Oil (processing with methane binding at the oil mill) 65%
uu) pure rapeseed oil 57%
vv) Biogas from organic municipal waste as compressed natural gas 73%
ww) Biogas from Gülle as compressed natural gas 81%
xx) Biogas from dry-mist as compressed natural gas82%
2.
Estimated default values for future biofuels that were not on the market at the reference time, or only in negligible amounts
a)
Part defaults for cultivation (eec as defined in Appendix 1): Manufacturing path of biofuel standard driving-
domestic gas emissions
(g CO2eq/MJ)
b)
Part defaults for processing including power surplus (ep-eee according to Appendix 1):
aa) Ethanol from Weizenstroh 3
bb) Ethanol from waste wood 1
cc) Ethanol from Kulturholz 6
dd) Fischer-Tropsch-Diesel from waste wood 1
ee) Fischer-Tropsch-Diesel from Kulturholz 4
ff) Dimethylether (DME) from waste wood 1
gg) DME from Kulturholz 5
hh) methanol Waste wood 1
ii) methanol from culture wood 5
jj) MTBE, Share from renewable sourcesHow
production path
for methanol
Manufacturing path of biofuel standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 7
bb) Ethanol from wood 17
cc) Fischer-Tropsch-Diesel from wood 0
dd) DME out of wood 0
ee) methanol from wood 0
ff) MTBE, share from renewable sources As with the
production path
for methanol
c)
substandard values for delivery (etd as defined in Appendix 1):Biofuel standard drive manufacturing route-
domestic gas emissions
(g CO2eq/MJ)
d)
Total production and delivery defaults:
aa) Ethanol from Weizenstroh 2
bb) Ethanol from waste wood 4
cc) Ethanol Kulturholz 2
dd) Fischer-Tropsch-Diesel from waste wood 3
ee) Fischer-Tropsch-Diesel aus Kulturholz 2
ff) DME from waste wood 4
gg) DME from Kulturholz 2
hh) methanol from waste wood 4
ii) methanol from culture wood 2
jj) MTBE, share from renewable sources As with the
Manufacturing Path
for methanol
Manufacturing path of biofuel standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 13
bb) Ethanol from waste wood 22
cc) Ethanol from Kulturholz 25
dd) Fischer-Tropsch-Diesel from waste wood 4
ee) Fischer-Tropsch-Diesel from Kulturholz 6
ff) DME from waste wood 5
gg) DME from Kulturholz 7
hh) methanol Waste wood 5
ii) methanol from culture wood 7
jj) MTBE, Share from renewable sourcesHow

for methanol
e)
Reduction of greenhouse gas emissions compared to fossil fuel reference fuel: Manufacturing path of biofuel default
for greenhouse-
gas reduction
aa) Ethanol from Weizenstroh 85%
bb) Ethanol from waste wood 74%
cc) Ethanol from Kulturholz 70%
dd) Fischer-Tropsch-Diesel from waste wood 95%
ee) Fischer-Tropsch-Diesel from Kulturholz 93%
ff) DME from waste wood 95%
gg) DME from Kulturholz 92 %
hh) methanol Waste wood 94%
ii) methanol from culture wood 91%
jj) MTBE, Share from renewable sourcesHow
production path
for methanol
3.
(omitted)
unofficial table of contents

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

(site: BGBl. I 2009, 3211-3212;
bzexcl. of individual changes, see Footnote)
1.
Certification systems contain at least regulations
a)
as the requirements of § § 4 to 8 for the production and delivery of biofuels under Taking into account a mass balance system in accordance with § 16, to be defined in more detail, to be implemented and controlled at the interfaces, the cultivation and other establishments and the suppliers;
b)
what requirements the interfaces, including all of them, with the production or supply of biomass or biofuels, directly or indirectly Entities that are not themselves an interface must comply with the requirements of the Regulation, in particular
aa)
what documents do they have to submit to the certificate authority for proof that they meet the requirements of § § 4 to 8,
bb)
what content and scope the documentation according to § 26 paragraph 1 number 4 must have, such as the risk of incorrect documentation in the levels "high", "medium" and "low" , and how the interfaces and other establishments, irrespective of § 39 (3), are obliged to treat the documentation confidentially and not to make it accessible to third parties,
cc)
what data need to be measured for the calculation of the greenhouse gas mitigation potential in accordance with § 8 and how exactly this data must be,
dd)
as in the case where a certificate authority determines that an operation or an interface does not or no longer meets the requirements of this Regulation, the establishment or the interface shall be sanctioned by appropriate measures; in particular, the appropriate sanction may be the information of all other certification bodies and interfaces for which this information is essential; , and
ee)
which method must apply interfaces in accordance with § 15 (3) to the issue of sustainability certificates;
c)
what are the requirements of the certification bodies that have been designated to check the requirements of this certification system, in particular
aa)
how they can demonstrate compliance with the requirements of § 43 (1) (2)
bb)
which method they must apply to issue certificates and
cc)
like the interfaces, the plants in which the biomass is grown or harvested, and the suppliers according to § § 49 to 51
d)
what more transparency and prevention measures are provided for and against abuse and fraud;
e)
that the certification bodies and the interfaces that have committed themselves to meeting the requirements of this certification system, including all of them, The manufacture or supply of biofuels directly or indirectly, which are not themselves an interface, undertake in writing,
aa)
the requirements of this certification system and, in the case of an interface, to meet the requirements of § 26 paragraph 1,
bb)
in the case of a certification body, employees of the competent authority as well as their representatives and, in the case of an interface and all of it, with the Manufacture or supply of biofuels directly or indirectly to employees of a certification body designated by this certification system shall be granted the right, style="font-weight:normal; font-style:normal; text-decoration:none; ">
aaa)
during business or operating time plots, business, operating, and storage spaces, and
bbb)
Visits,
ccc)
all in writing, and to inspect, check and copy electronically available business documents,
ddd)
to request the necessary information and
eee)
rehearsals;
this right refers to all places where the certificate authority or interface is related to the production or supply of biofuels for which proof of sustainability is issued in accordance with this Regulation; and
f)
which countries shall be responsible for the or States refer to the requirements referred to in points (a) to (e)
2.
Certification systems must ensure that the performance of the Whereas the requirements of this Regulation do not entail disproportionate costs for small-scale farms, producer organisations and cooperatives; For this purpose, in justified cases, they may differ from the requirements set out in Part 3 of this Regulation.
3.
Certification systems may provide for regulations on the Use of an electronic database for the verification of the fulfilment of the requirements according to § § 16 and 17.
4.
The Federal Ministry of Finance can in accordance with the requirements of points 1 to 3, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by a reference system and as an administrative provision in the Federal Gazette (Bundesanzeiger). The first sentence shall not apply to the information provided by the Commission of the European Communities for the purposes of the third subparagraph of Article 18 (3) of Directive 2009 /28/EC and Article 7 (3), third subparagraph of Directive 2009 /30/EC , the economic operators will be required to provide this information to the Member States of the European Union.