Regulation on requirements for the sustainable production of liquid biomass for power generation

Original Language Title: Verordnung über Anforderungen an eine nachhaltige Herstellung von flüssiger Biomasse zur Stromerzeugung

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Regulation on requirements for the sustainable production of liquid biomass for electricity generation (Biomass Stream Sustainability Ordinance-BioSt-NachV)

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BioSt-NachV

Date of completion: 23.07.2009

Full quote:

" Biomassestrom-Sustainability Ordinance of 23 July 2009 (BGBl. 2174), the most recent of which is Article 3 of the Law of 20 November 2014 (BGBl. I p. 1740) "

Status:

Last amended by Art. 3 G v. 20.11.2014 I 1740

For more details, please refer to the menu under Notes

*): This Regulation aims at the implementation of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 201, 31.7.2001, OJ L 140, 5.6.2009, p. 16). The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C 37), as last amended by Directive 2006 /96/EC (OJ L 327, 21.12.2006, p. 81), has been complied with.

Footnote

(+ + + Text proof: 24.8.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGRL 28/2009 (CELEX Nr: 309L0028) 
 Consideration of   
 ERL 34/98 (CELEX No 398L0034) + + +)

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Input formula

It rearrange on the basis of

-: Section 64 (1), first sentence, point 9 of the Renewable Energies Act of 25 June 2003. October 2008 (BGBl. P. 2074), the Federal Government and
-: Section 64 (2) (1) of the Renewable Energy Act, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, with the consent of the Bundestag:

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Content Summary

Part 1General provisions

§ 1	Scope
§ 2	Definitions

Part 2Sustainability requirements

§ 3	Requirements for remuneration
§ 4	Protection of areas with a high nature conservation value
§ 5	Protection of surfaces with high carbon stock
§ 6	Protection of Torfmoor
§ 7	Sustainable agricultural management
§ 8	Greenhouse gas-mitigation potential
§ 9	(dropped)
§ 10	Bonus for renewable raw materials

Part 3Detection Section 1General provisions

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

Section 2Sustainability credentials

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

Section 3Certificates for Interfaces

Section 25	Trusted certificates
Section 26	Issue of certificates
§ 27	Contents of the certificates
§ 28	Consequences of missing information
§ 29	Validity of certificates
§ 30	Recognised certificates due to the biofuel sustainability regulation
Section 31	Other approved certificates

Section 4Certification systems

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

Section 5Certification posts Subsection 1Recognition of certification bodies

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

Subsection 2Tasks of Certification Authorities

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

Subsection 3Monitoring of certification bodies

§ 55	Controls and measures

Subsection 4More
recognised certification bodies

§ 56	Recognised certification bodies on the basis of the biofuel sustainability regulation
Section 57	Other recognised certification bodies

Section 6Special and transitional
Requirements for proof

Section 58	Proof of compliance with the requirements for the bonus for renewable raw materials
§ 59	Verification by environmental verifiers
§ 60	Proof of provisional recognitions

Part 4Central Information Register

Section 61	(dropped)
Section 62	(dropped)
§ 63	(dropped)
Section 64	(dropped)
Section 65	(dropped)
Section 66	Information Registry
Section 67	Reconciliation
Section 68	Measures taken by the competent authority
Section 69	(dropped)

Part 5Data collection and processing,
Reporting requirements, administrative procedures

Section 70	Right of information of the competent authority
Section 71	Reporting obligation of the competent authority
Section 72	(dropped)
Section 73	Data transfer
Section 74	Responsibility
§ 75	Proceedings before the competent authority
Section 76	Samples and forms
Section 77	External transport

Part 6Transition
and final provisions

Section 78	Transitional provision
§ 79	entry into force

Appendix 1 (to § 8 (3)): Method for calculating the greenhouse gas mitigation potential based on actual values
Appendix 2 (to § 8 paragraph 4): Default values for calculating the greenhouse gas mitigation potential
Appendix 3 (to § 18 (2)): Pattern of a sustainability certificate
Appendix 4 (to § 24 (1)): Pattern of a sustainability partial certificate
Appendix 5 (to § 33 (1), § 43 (1)): Content requirements for certification systems

Part 1
General provisions

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§ 1 Scope

This Regulation applies to liquid biomass used for the production of electricity in accordance with the Renewable Energy Sources Act, with the exception of liquid biomass, which is used only for starting, igniting or supporting the biomass. Unofficial table of contents

§ 2 Definitions

(1) Biomass within the meaning of this Regulation is biomass as defined in the Biomass Ordinance of 21 June 2001 (BGBl. 1234), as amended by the Regulation of 9 August 2005 (BGBl I). 2419), as amended in each case. Liquid biomass shall be biomass as defined in the first sentence, which shall be liquid at the time of entry into the combustion or combustion chamber. (2) Production within the meaning of this Regulation shall include all stages of the cultivation of the necessary biomass, in particular: (3) Interfaces within the meaning of this Regulation shall be applied to the level of quality required for use in installations for the production of electricity.

1.: the holdings and premises (holdings) which, for the first time, include the biomass required for the production of the liquid biomass from the farms which grow and harvest this biomass for the purpose of continuing trade,
2.: oil mills and
3.: Refineries and other establishments for the treatment of liquid biomass to the quality level required for use in power generation plants.

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

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

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

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

(7) Certification systems within the meaning of this Regulation are systems which ensure the fulfilment of the requirements of this Regulation for the production and delivery of biomass, and in particular standards for the purpose of determining the the requirements laid down in this Regulation, the verification of their compliance and the verification of such proof.

Part 2
Sustainability requirements

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§ 3 Requirements for remuneration

(1) For electricity from liquid biomass, the right to financial support according to the eligibility rules for electricity from biomass of the Renewable Energy Sources Act shall be in the version to be applied for the installation only if:

1.

the requirements for

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

have been met,

2.

the liquid biomass used has the greenhouse gas reduction potential in accordance with § 8 and

3.

the operator of the installation in which the liquid biomass is used for the generation of electricity, the information required for the registration of the installation has been transmitted in accordance with the terms of the law pursuant to § 93 of the Renewable Energy Act; the obligation The first half-sentence shall also be deemed to be fulfilled if the plant operator has applied for the registration of the installation in the asset register in accordance with § § 61 to 63 of the Biomass Power Sustainability Ordinance in the version in force on 31 July 2014.

(2) The reference date for the assessment of the requirements for the protection of natural habitats in accordance with § § § 4 to 6 is 1 January 2008. Unless sufficient data are available to demonstrate compliance with the requirements for this day, the reference date may be another day in January 2008. (3) Paragraph 1 shall apply to both liquid biomass used in the to the Member States of the European Union, as well as to liquid biomass imported from non-EU Member States (third countries), unless otherwise provided for in the following provisions: (4) Paragraph 1 (1) shall not apply to liquid biomass which is derived from waste or from Unless the residues originate from the agricultural, forestry or fish industries, or from aquaculture. Unofficial table of contents

§ 4 Protection of areas with a high nature conservation value

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

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

(3) Wooded Areas

1.

Primary forests and

2.

other natural areas,

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

(4) Surfaces serving nature conservation purposes are areas designated by law or by the competent authority for nature conservation purposes. If the Commission of the European Communities, on the basis of the second sentence of the second subparagraph of Article 18 (4) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources Sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.3.2001, p. 16) for the protection of rare, threatened or endangered ecosystems or species which:

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

for the purposes of Article 17 (3) (b) (ii) of this Directive, these areas shall also be subject to land used for 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 nature of the nature protection referred to. (5) grassland with a large biological diversity is grassland without human intervention.

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

In particular, as a grassland of great biodiversity, areas designated as such by the Commission of the European Communities on the basis of the second subparagraph of Article 17 (3) of Directive 2009 /28/EC shall be considered as such. The criteria laid down in the second subparagraph of Article 17 (3) of Directive 2009 /28/EC shall be taken into account in the interpretation of the first sentence of the first subparagraph of Article 17 (3) of Directive 2009 /28/EC, which shall be taken into account by the Commission for the determination of natural or artifi Unofficial table of contents

§ 5 Protection of surfaces with high carbon stock

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

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

(3) Wetlands are areas which are constantly or partially covered by water for a significant part of the year. Wetlands are, in particular, all wetlands included in the list of internationally important wetlands referred to in Article 2 (1) of the Convention of 2 February 1971 on Wetlands, in particular as a habitat for water and cotton wreaways, of international importance (BGBl. 1976 II p. 1266). (4) Continuously wooded areas are areas of more than 1 hectare with more than 5 m tall trees and

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

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§ 6 Protection of Torfmoor

(1) Biomass used for the production of liquid biomass must not come from areas that were at the reference time or later peat bog. (2) Paragraph 1 shall not apply if the cultivation and harvesting of biomass do not dewatering areas. required. Unofficial table of contents

§ 7 Sustainable agricultural management

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

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

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§ 8 greenhouse gas-mitigation potential

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

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

(2) Paragraph 1, first sentence, shall not be complied with until 1 April 2013, provided that the interface referred to in Article 2 (3) (2) has been put into operation before 23 January 2008. (3) The calculation of the greenhouse gas reduction potential shall be carried out on the basis of actual Values according to the method set out in Appendix 1. The actual values of greenhouse gas emissions shall be determined on the basis of data to be measured. Measurements of data shall be recognised as being accurate if, in particular, they are subject to

1.

a certification scheme recognised in accordance with this Regulation; or

2.

a scheme which:

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

as the basis for the measurement of accurate data,

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

1.

the biomass

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

has been cultivated, or

2.

the liquid biomass has been produced from waste or from residues, unless the residues originate from the agricultural or fish industry or from aquaculture.

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

§ 9

(dropped) Unofficial table of contents

§ 10 Bonus for renewable raw materials

For electricity from liquid biomass, the claim to the bonus for renewable raw materials according to § 27 (4) (2) of the Renewable Energy Act in the version in force on December 31, 2011 shall only be valid if the requirements according to § § 3 to 8 are valid. , Section 8 (2) shall not be applied.

Part 3
Evidence

Section 1
General provisions

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§ 11 Proof of compliance with the requirements for remuneration

Plant operators must demonstrate to the network operator that the requirements for the remuneration in accordance with § 3 (1) are met. The detection is carried out

1.: for § 3 (1) (1) and (2) in conjunction with § § 4 to 8, by submitting a proof in accordance with § 14 and
2.: for Section 3, paragraph 1, point 3, by the submission of a confirmation by the competent authority of the registration of the facility in accordance with the terms of the legal regulation pursuant to § 93 of the Renewable Energy Act; in the case of section 3, paragraph 1, point 3, last half-sentence shall, by way of derogation from this, submit the certificate issued by the competent authority in accordance with Section 64 (4) of the Biomass Power Sustainability Regulation in the version valid on 31 July 2014.

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§ 12 Further evidence

Further proof that the requirements of § 3 (1) are met can be used for the remuneration or financial support according to the funding provisions for electricity from biomass of the Renewable Energy Act in the respective plant for the plant. shall not be required. § 58 shall remain unaffected. Unofficial table of contents

Section 13 Transmission of evidence to the competent authority

Plant operators shall immediately send copies of the documents referred to in Article 11, second sentence, point 1, which they submit to the network operator for the verification of the detection, to the competent authority in writing. In the case of Section 27 (3) (2) of the Renewable Energies Act, the copies shall be accompanied by a copy of the feedstock diary in the version in force on 31 December 2011.

Section 2
Sustainability evidence

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§ 14 Recognied evidence

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

1.: Proof of sustainability as long as and insofar as they have been issued in accordance with § 15 or § 24,
2.: Proof of sustainability according to § 22,
3.: Proof of sustainability according to § 23 and
4.: Certificates issued by environmental verifiers in accordance with § 59 (1).

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§ 15 Exhibition of sustainability certificates

(1) Interfaces may issue a sustainability certificate for liquid biomass that they have produced if:

1.

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

2.

their upstream interfaces

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

3.

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

4.

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

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

§ 16 Exhibition on the basis of mass balance systems

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

1.

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

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

2.

in the case of a mixture of different quantities of

a)

liquid biomass, for which sustainability certificates have already been issued and which have different greenhouse gas mitigation potentials, these greenhouse gas mitigation potentials will only be anodised if all the quantities that the mixture has to contain , before mixing, the greenhouse gas reduction potential according to § 8 has been shown, or

b)

Biomass used for the production of liquid biomass in accordance with this Regulation and for which proof of sustainability has not yet been issued and which have different greenhouse gas emissions, these greenhouse gas emissions shall be anodised only if all the quantities added to the mixture have, before mixing, the value which has been laid down for this stage of manufacture

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

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

§ 17 Delivery on the basis of mass balance systems

(1) In order to demonstrate the origin of the liquid biomass from the interface that has issued the sustainability certificate, it must:

1.: the liquid biomass from this interface to the plant operator or the plant operator shall be supplied exclusively by suppliers who document the supply of biomass in a mass balance system that meets the requirements of § 16 (2), and
2.: to ensure the monitoring of compliance with the requirement referred to in point 1.

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

1.

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

2.

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

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

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

3.

the fulfilment of the requirements for the supply of biomass in a mass balance system in accordance with a regulation on requirements for the sustainable production of biomass for use as a biofuel, which is based on the § 37d (2) (3) and (4) and (3) (2) of the Federal Immission Control Act, as amended by the Notice of 26 September 2002 (BGBl. 3830), the most recent of which is Article 1 of the Law of 15 July 2009 (BGBl. 1804), and Section 66 (1) (11a) (a) and (b) of the Energy Tax Act of 15 July 2006 (BGBl. I p. 1534), most recently by Article 2 of the Law of 15 July 2009 (BGBl. I p. 1804), as amended, has been adopted.

(3) The fulfilment of the requirements referred to in paragraph 1 shall be confirmed by the supplier who supplies the liquid biomass to the plant operator or the plant operator in the proof of sustainability. Unofficial table of contents

§ 18 Content and form of sustainability certificates

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

1.

the name and address of the issuing interface;

1a.

the date of the exhibition,

2.

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

3.

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

4.

the quantity and nature of the liquid biomass to which the sustainability certificate relates,

5.

confirmation that the liquid biomass to which the sustainability certificate relates meets the requirements laid down in § § 4 to 8, including

a)

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

b)

the following information:

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

6.

the name and address of the supplier to which the biomass is passed; and

7.

the confirmation of the last supplier in accordance with § 17 (3).

(2) Sustainability certificates must be issued in writing according to the model of Appendix 3. (3) Sustainability credentials must be submitted to the network operator in German. Unofficial table of contents

§ 19 Supplement to missing information

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

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

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§ 20 Unenforceability of sustainability certificates

(1) Sustainability evidence shall be ineffective if:

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

(2) If the proof of sustainability is not effective exclusively in accordance with paragraph 1, point 2, the right to the remuneration or financial support shall be waided in accordance with the funding provisions for electricity from biomass of the Renewable Energy Sources Act in the The installation for the electricity from the quantity of liquid biomass to which the inefficient proof of sustainability relates. The right to the bonus for electricity from renewable resources pursuant to Section 27 (4) (2) of the Renewable Energy Act in the version in force on 31 December 2011 shall also be deleted once and for all, if:

1.: the operator or operator of the plant has been aware of the reasons for the ineffectiveness of the proof of sustainability at the time of the use of the quantity of liquid biomass to which the inefficient proof of sustainability is concerned, or or if it could have been found to have been unenforceable in the course of application of the diligence customary in
2.: the certificate of the interface which issued the proof of sustainability was invalid at the time of the issuing of the sustainability certificate.

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§ 21 Further consequences of missing or insufficient information

(1) If a proof of sustainability in the information on the greenhouse gas mitigation potential does not contain the reference value for the use, for the purpose of which the liquid biomass is used, the plant operator or the plant operator must: to the network operator, demonstrate that the liquid biomass has the greenhouse gas mitigation potential also in this use. The competent authority may make known a method for the conversion of the greenhouse gas reduction potential for different uses in the Federal Gazette. (2) If a proof of sustainability does not include an indication in accordance with § 18 (1) (5) (b) In the case of double letter dd, or if the system for power generation is not operated in the country or state in accordance with Article 18 (1) (5) (b) of the double letter dd, the plant operator or the plant operator must prove to the network operator, that the liquid biomass is the greenhouse gas reduction potential even in the case of a Operating in this country or country. Unofficial table of contents

§ 22 Recognizing sustainability certificates on the basis of the biofuel sustainability regulation

(1) Sustainability certificates shall also be deemed to be recognised as long as and insofar as they are recognised for use as biofuel on the basis of a Regulation on requirements for the sustainable production of biomass, which is based on Article 37d (2) of the Regulation Point 3 and 4 as well as paragraph 3 (2) of the Federal Immission Protection Act and Section 66 (1) (11a) (a) and (b) of the Energy Tax Act as amended. (2) By way of derogation from paragraph 1. Sustainability certificates shall not be recognised as recognised as soon as they are recognised in accordance with the provisions of the in accordance with paragraph 1 of this Regulation, the competent main customs office responsible for relieving the tax in accordance with Article 50 of the Energy Taxation Act, unless the biomass to which the proof of sustainability refers is subject to a (3) § § 20 and 21 are to be applied accordingly. Unofficial table of contents

§ 23 Other recognised sustainability certificates

(1) Sustainability certificates shall also be deemed to be recognised as long as and insofar as they are subject to the law of the European Union or of another Member State of the European Union or of another Contracting State of the Agreement on the European Union. An economic area shall be recognised as proof that the requirements of Article 17 (2) to (6) of Directive 2009 /28/EC have been complied with and that they have been issued in the other Member State

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

(2) In so far as the Commission of the European Communities decides, on the basis of the second sentence of the first subparagraph of Article 18 (4) of Directive 2009 /28/EC, that the sustainability requirements for the production of biomass in a bilateral or non-bilateral relationship shall be A multilateral treaty concluded by the European Community with a third country, which complies with the sustainability requirements laid down in Article 17 (2) to (5) of Directive 2009 /28/EC, may satisfy the requirements of § § 4 to 8 can 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 respected. (3) Irrespective of paragraph 2, in the production of biomass in a third country which is subject to a bilateral agreement with the European Community, a bilateral or multilateral agreement may be established. or multilateral agreement on the sustainable production of biomass, the fulfilment of the requirements of § § 4 to 8 shall also be demonstrated by proof of sustainability of the body designated in the contract, if and to the extent that the Contract to comply with the requirements of Article 17 (2) to (5) of the Directive 2009 /28/EC, or makes it possible to establish such a statement. If no body is designated in this Treaty, certificates issued by the authorities of the third country in accordance with points 1 to 3 of paragraph 1 shall be recognised as proof. (4) § 21 shall apply mutatily. Unofficial table of contents

§ 24 Sustainability Substatements

(1) The competent authority shall issue sustainability certificates for subsets of liquid biomass for which a proof of sustainability has already been issued, at the request of the holder or the holder of the sustainability certificate. The application shall be submitted electronically. The sustainability certificates will be issued immediately and electronically after presentation of the sustainability certificate, which is to be divided into partial documents. Section 18 (1) shall apply accordingly. The partial proofs shall be drawn up in accordance with the model of Appendix 4. (2) Paragraph 1 shall apply accordingly for subsets of liquid biomass for which a proof of sustainability certificate has already been issued. (3) Greenhouse gas reduction potentials or values for greenhouse gas emissions of different quantities of liquid biomass for which sustainability certificates or proof of sustainability have been issued, in accordance with § 16 (2) (2) in paragraph (a), the competent authority shall, at the request of the holder or the holder of the Proof of sustainability or sustainability partial proof of a sustainability partial certificate, which contains the values that result from the salting. (4) In the event of proof of sustainability in accordance with § 15 or § 22, the competent authority shall immediately and electronically submit a copy of the sustainability partial proof after the exhibition to the Send a certificate authority that issued the certificate to the interface that issued the sustainability certificate. In the case of a proof of sustainability in accordance with § 23, it can send a copy of the sustainability partial proof to the authority or body which issued the proof of sustainability. (5) Sustainability certificates according to the Paragraphs 1 to 3 may, in the case of liquid biomass supplied by suppliers, document the receipt and transfer of the biomass in an electronic database in accordance with Article 17 (2) (2), including by the operator of the electronic Database is issued. In the case of the first sentence, the operator of the database shall immediately and electronically transmit a copy of the proof of sustainability certificate to the competent authority; paragraph 4 shall not be applied. Further requirements in the recognition of the electronic database or in certification systems shall remain unaffected. (6) For the sustainability certificates issued pursuant to paragraphs 1 to 3 and 5, the provisions of this section shall be without prejudice to the requirements of this section. to the extent that paragraphs 1 to 3 or 5 do not provide otherwise.

Section 3
Certificates for interfaces

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§ 25 Recognizing certificates

Recognised certificates within the meaning of this Regulation are:

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

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Section 26 Exhibition of certificates

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

1.

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

2.

they have committed themselves in the case of interfaces in accordance with Article 15 (3);

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

3.

ensure that all undertakings which are directly or indirectly involved in the production or supply of the biomass, which are not themselves an interface, are obliged to participate in the production of biomass in the field of application comply with at least the requirements of a certification system recognised in accordance with this Regulation, and in fact fulfil those requirements,

4.

they have committed themselves to documenting the following:

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

5.

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

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

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

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

§ 27 Content of the certificates

Certificates must contain the following information:

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

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§ 28 Consequences of missing information

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

Section 29 Validity of the certificates

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

§ 30 Recognizing certificates on the basis of the biofuel sustainability regulation

(1) Certificates shall also be deemed to be recognised as long as and insofar as they are recognised under a Regulation on the requirements for the sustainable production of biomass for use as a biofuel, which is based on Article 37d (2) (3) and (4). as well as paragraph 3 (2) of the Federal Immission Control Act and Section 66 (1) (11a) (a) and (b) of the Energy Taxation Act as amended. (2) § 28 shall apply accordingly. Unofficial table of contents

Section 31 Other recognised certificates

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

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

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

Section 4
Certification systems

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§ 32 Recognizing Certification Systems

Recognised certification schemes within the meaning of this Regulation are:

1.: certification systems, as long as they are recognised in accordance with § 33 or § 60 (1),
2.: Certification systems according to § 40 and
3.: Certification systems according to § 41.

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§ 33 Recognition of certification systems

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

1.

the following information shall be given for the following:

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

2.

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

3.

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

4.

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

5.

to this end, they contain standards which meet at least the requirements set out in Annex III to the Agreement on Technical Barriers to Trade (OJ L 327, 30.4.2004, 86) and the requirements of Appendix 5.

(2) If the certification system operates or uses an electronic database for the purpose of proof of compliance with the requirements laid down in Article 17 (1) of the supply of the liquid biomass, the recognition may also be (3) The proof that the requirements referred to in paragraph 1 are met shall be provided by the submission of appropriate documents. The competent authority may, in addition to the documents submitted, request further documents and carry out on-the-spot checks, as part of the recognition procedure in the certification systems, in so far as this is necessary for the decision on the application referred to in 1 is required. A check on the spot in another Member State of the European Union or a third country shall be carried out only if the other State agrees to this examination. (4) The recognition may include changes or additions to the certification system, in particular, the standards for the determination of the requirements laid down in § § § 4 to 8, shall be included or shall be subject to additional conditions if this is necessary in order to satisfy the requirements of paragraph 1. (5) The recognition may be provided by: a recognition according to a regulation on requirements for a sustainable The production of biomass for use as a biofuel, which is based on the provisions of Section 37d (2) (3) and (4) and (3) (2) of the Federal Immission Control Act and Section 66 (1) (11a) (a) and (b) of the (6) The recognition may be limited to:

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

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

Section 34 Procedure for recognition

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

Section 35 Content of the recognition

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

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

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Section 36 Amendments to the acceptance of the recognition

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

Section 37 Erasing of recognition

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

Section 38 Revocation of recognition

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

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

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

Section 39 Reports and communications

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

1.: a list of all interfaces, establishments and suppliers who use this certification system in the manufacture or supply of biomass under this Regulation, including the indication from which certification body it controls and,
2.: a list of all measures taken in respect of interfaces, establishments or suppliers which have not or no longer complied with the requirements of this Regulation or the certification scheme.

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

§ 40 Recognizing certification systems on the basis of the biofuel sustainability regulation

Certification systems shall also be deemed to be recognised as long as and insofar as they are recognised for use as biofuel on the basis of a Regulation on requirements for the sustainable production of biomass which, pursuant to Article 37d (2) (3), are recognised as being used for the purposes of and 4 as well as paragraph 3 (2) of the Federal Immission Control Act and Section 66 (1) (11a) (a) and (b) of the Energy Taxation Act, as amended. Unofficial table of contents

Section 41 Other recognised certification systems

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

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

be recognised as a certification system for the purpose of determining the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC.

Section 5
Certification Authorities

Subsection 1
Recognition of certification bodies

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Section 42 Recognizing certification bodies

Recognised certification bodies within the meaning of this Regulation are:

1.: Certification bodies, as long as they are recognised in accordance with § 43 (1) or § 60 (1),
2.: Certification bodies according to § 56 and
3.: Certification bodies according to § 57.

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Section 43 Recognition of certification bodies

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

1.

specify the following information:

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

2.

demonstrate that they

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

3.

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

4.

have committed themselves in writing in accordance with Annex 5 (1) (e), and

5.

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

(2) The proof that the requirements referred to in paragraph 1 are met shall be accompanied by the submission of appropriate documents relating to the operational equipment of the respective certification body, its structure and its staff , In the case of certification bodies operated by at least two environmental verifiers, the requirements referred to in paragraph 1 (3) shall be deemed to be fulfilled. The competent authority may, in addition to the documents submitted, request further documents and, in the framework of the recognition procedure, carry out on-the-spot checks at the certification bodies, as far as this is concerned with the decision on the application referred to in 1 is required. § 33 (3) sentence 3 shall apply accordingly. (3) The recognition may also be subject to conditions if this is necessary for the proper performance of the activities of a certification body. (4) The recognition may be provided by: a recognition according to a Regulation on the requirements for the sustainable production of biomass for use as a biofuel, based on Article 37d (2) (3) and (4) and (3) (2) of the Federal Immission Protection Act and section 66 (1) (11a) (a) and (b) of the Energy Tax Act (5) The recognition may be limited to:

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

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

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Section 44 Procedure for recognition

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

Section 45 Content of the recognition

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

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

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Section 46 Erasing of recognition

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

Section 47 Revocation of recognition

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

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

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

Subsection 2
Tasks of Certification Authorities

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§ 48 Management of interface directories

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

Section 49 Control of interfaces

(1) At the latest six months after the first certificate has been issued and at least once a year, the certification authorities shall check whether the interfaces continue to meet 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; this shall also apply in the cases of § 26 (2) sentence 2. (2) The Employees of certification bodies have the power to enter land, commercial, operating and storage spaces as well as means of transport during the business or operating time, as far as this is necessary for the control referred to in paragraph 1. is. This power shall apply to all locations within the scope of this Regulation where the interface in connection with the production or supply of biomass for which a sustainability certificate is issued under this Regulation, (3) The interfaces within the scope of this Regulation shall be obliged to tolerate the checks referred to in paragraphs 1 and 2. Unofficial table of contents

Section 50 Control of cultivation

On the basis of appropriate criteria, the certification bodies which issue interfaces in accordance with Article 2 (3) (1) shall check whether the establishments designated by the interfaces in which the biomass is liquid for the purpose of production of the biomass Biomass grown or harvested shall meet the requirements laid down in § § 4 to 7. The nature and frequency of the checks referred to in the first sentence shall be determined, in particular, on the basis of an assessment of the risk of irregularities and infringements occurring in relation to the performance of those requirements. At least 5 per cent of the farms are to be checked annually. Section 49 (2) and (3) shall apply accordingly. Unofficial table of contents

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

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

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

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

Section 52 Reports on controls

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

Section 53 Additional reports and communications

(1) Certification bodies shall transmit copies of the following documents without delay and electronically to the competent authority:

1.: Proof of sustainability of all interfaces certified by them,
2.: Subsequent post-ex-post § 19,
3.: Certificates referred to in Article 26 (1) and (2) and
4.: Certificates according to § 58 (1) (b)

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

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

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§ 54 Storage, handling of information

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

Subsection 3
Certifying Certification Authorities

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Section 55 Controls and measures

(1) The competent authority shall monitor the certification bodies recognised in accordance with this Regulation. § 33 (3) sentence 3 shall apply accordingly. (1a) The employees as well as the agents of the competent authority shall have the power during the business or operational period of land, business, operating and storage rooms as well as Means of transport shall be entered where this is necessary for the supervision referred to in paragraph 1. Article 49 (2), second sentence, and paragraph 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 recognised certification bodies

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Section 56 Recognizing certification bodies on the basis of the biofuel sustainability regulation

(1) Certification bodies shall also be deemed to be recognised as long as and insofar as they are recognised under a Regulation on the requirements for the sustainable production of biomass for use as a biofuel, which is based on Article 37d (2) of this Regulation. Paragraph 3 (2) of the Federal Immission Control Act and Section 66 (1) (11a) (a) and (b) of the Energy Tax Act as amended. (2) Subsections 2 and 3 of this Act Section shall apply mutatily to the extent to which the Regulation referred to in paragraph 1 does not apply to: Other results. Unofficial table of contents

Section 57 Other recognised certification bodies

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

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

are recognised as certification bodies for the mandatory monitoring of compliance with the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC, and they also carry out tasks under this Regulation in a certification system which: pursuant to 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 bilateral or multilateral is compatible with the Treaty.

Section 6
Special and transitional provisions for proof

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§ 58 Proof of compliance with the requirements for the bonus for renewable raw materials

Recognized proof of compliance with the requirements of § 10 are:

1.

Proof of sustainability which is recognised in accordance with Article 14 (1) to (3), provided that:

a)

contain the information referred to in Article 18 (1) (5) (b), or

b)

this information by means of an additional certificate

aa): the interface referred to in Article 15 (3) or
bb): a certification body which is recognised in accordance with this Regulation;

, if this certificate is issued by an interface, it shall be subject to the control in accordance with § 49, or

2.

Certificates issued by environmental verifiers in accordance with § 59 (1).

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§ 59 Proof by environmental verifiers and environmental verifiers

Compliance with the requirements laid down in this Regulation may also be carried out in the case of liquid biomass used for electricity generation by 31 December 2011, by means of a certificate issued by an environmental verifier or by an environmental verifier. (2) The certificate referred to in paragraph 1 shall contain the following information:

1.: a confirmation that the requirements of § § 4 to 8 and in the case that the claim to the bonus for renewable raw materials is claimed, are also fulfilled in accordance with § 10,
2.: a complete documentation of the production and delivery and confirmation that the origin of the liquid biomass has been proven in accordance with § 16,
3.: the energy content of the amount of liquid biomass in megajoules,
4.: the greenhouse gas reduction potential of the liquid biomass in grams of carbon dioxide equivalent per megajoule of liquid biomass (g CO2eq/MJ) and
5.: in the case of a calculation of the greenhouse gas reduction potential in accordance with Article 8 (3), the actual values, separated according to the individual stages of production and delivery in grams of carbon dioxide equivalent per megajoule of liquid biomass (g CO2eq/MJ).

(3) Where the competent authority has recognised certification systems in accordance with this Regulation, environmental verifiers shall, when issuing certificates as referred to in paragraph 1, comply with the standards of a certification scheme (4) The initial issuing of a certificate referred to in paragraph 1 shall indicate the environmental verifier or the environmental verifier of the competent authority. Before issuing a certificate for biomass grown outside the Member States of the European Union and the other States Parties to the Agreement on the European Economic Area, the environmental verifier shall be required to: the environmental verifier shall declare in writing, in addition to the competent authority, the agreement to exercise supervision in carrying out checks outside the Member States of the European Union in accordance with the conditions laid down in Condolence of the Environmental Law. The third sentence of Article 33 (3) shall apply accordingly. Unofficial table of contents

§ 60 Proof of provisional recognition

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

Part 4
Central Information Register

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Section 66 Information register

The competent authority shall keep a central register of all certification systems, certification bodies, certificates, certificates, certificates and reports in connection with the verification of records under this Regulation (information register). Unofficial table of contents

§ 67 Reconciliation

(1) The competent authority shall resemble the data in the information register

1.: with the data in the register of assets in accordance with § 6 of the Renewable Energy Act or with the data of the entire register according to § 53b of the German Energy Act, insofar as this is the tasks of the German Renewable Energy Act pursuant to § 6 (4) sentence 2 of the Renewable Energy Act (Renewable Energy Act). the register of assets, and
2.: with the data available to the body responsible for biofuels according to § 37d (1) of the German Federal Immission Control Act.

(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. § 77 sentence 2 shall remain unaffected. Unofficial table of contents

Section 68 Measures of the competent authority

The competent authority shall communicate to the network operator, to whose network the system is connected for power generation, the following information, in so far as it relates to the liquid biomass used in this installation:

1.

Infringements of the obligation to provide notification in accordance with § 13,

2.

Contradictions between different data, which have become known in the context of the data reconciliation, and

3.

Other doubts

a): the effectiveness of a proof of sustainability, a certificate or a certificate, or
b): the accuracy of the facts which have been proven therein.

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Section 69 (omitted)

Part 5
Data collection and processing, reporting requirements, official procedures

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Section 70 Right of access to information of the competent authority

The competent authority may, in accordance with Article 33 (1) (1) (a) and, in the case of § 59, by the operators, certification bodies, interfaces, in the case of certification schemes, of Environmental verifiers require further information to the extent that this is necessary to:

1.: to carry out the tasks referred to in this Regulation,
2.: to monitor compliance with the requirements laid down in this Regulation, or
3.: to comply with the reporting requirements of the Federal Republic of Germany with regard to the institutions of the European Union.

Unofficial table of contents

Section 71 Reporting obligation of the competent authority

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

§ 72 (omitted)

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Section 73 Data transfer

(1) Where necessary for the implementation of the Regulation, the competent authority may communicate information to:

1.

the following federal authorities:

a): the Federal Ministry of Finance,
b): the Federal Ministry for Economic Affairs and Energy,
c): the Federal Ministry of Food and Agriculture,
d): the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, and
e): the subordinated authorities of these Federal Ministries, in particular the Federal Network Agency, the Federal Environment Agency and the body responsible for biofuels according to Article 37d (1) of the Federal Immission Control Act,

2.

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

3.

Institutions of the European Union.

(1a) Insofar as this is necessary for the comparison of the data of the information register pursuant to § 66 with the register of assets according to § 6 of the Renewable Energy Act or the entire register of assets according to § 53b of the Energy Economic Law, insofar as this is according to § § (2) The transfer of personal data to the bodies referred to in paragraph 1 of the Renewable Energy Act shall be forwarded to the competent authority in accordance with the provisions of Article 6 (4) of the Renewable Energy Act. (2) Number 1 shall be permitted only under the conditions laid down in § 15 of the Federal Data Protection Act. The transmission of these data to the bodies referred to in paragraphs 2 and 3 of paragraph 1 is only permissible under the conditions of § § 4b and 4c of the German Federal Data Protection Act. Unofficial table of contents

Section 74 Competence

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

1.: recognition of the rules referred to in the third sentence of Article 8 (3) (2) (b), the contract notice referred to in the fourth sentence of Article 8 (3), and the notice referred to in Annex 1 (10), second sentence,
2.: the receipt of evidence in accordance with § 13,
3.: the publication of an electronic database and, where the database is not operated by a certification body or any other legal or natural person, the operation of that database in accordance with Article 17 (2) (2),
4.: the notice referred to in the second sentence of Article 21 (1),
5.: the issueof sustainability certificates in accordance with § 24,
6.: the recognition and supervision of certification systems in accordance with Part 3, Section 4, and in accordance with § 60,
7.: the recognition and supervision of certification bodies in accordance with Part 3, Section 5, subsections 1 to 3 and § 60,
8.: the receipt of advertisements and declarations pursuant to Article 59 (4),
9.: the keeping of the central information register in accordance with Part 4,
10.: the obtaining of information pursuant to § 70,
11.: the reports in accordance with § 71,
12.: the transmission of data in accordance with § 73,
13.: the publication of samples and forms referred to in Article 76 (2) and
14.: the enforcement of this Regulation, with the exception of Article 4 (4), first sentence, variant 2.

(2) The Federal Ministry of Food and Agriculture is responsible for the legal and professional supervision of the Federal Institute for Agriculture and Food. Questions of fundamental importance are to be agreed with the Federal Ministry of Finance and it is the agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety to be established. Unofficial table of contents

Section 75 Procedure before the competent authority

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

Section 76 samples and forms

(1) Without prejudice to Article 18 (2) and § 24 (1) sentence 5, forms and samples shall also be used for the following documents:

1.: the certificates referred to in § 26,
2.: the reports and communications in accordance with § § 52 and 53; and
3.: the certificates referred to in Article 58 (1) (b) and § 59 (1).

(2) The competent authority shall publish the forms and samples as well as the record format of an electronic data transmission in the Federal Gazette and on its Internet site. It can provide a translation in the Federal Gazette and on its website for sustainability certificates and sustainability certificates issued in accordance with the model of Appendix 3 or 4 in English or in another language. . Unofficial table of contents

Section 77 External transport

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

Part 6
Transitional and final provisions

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Section 78 Transitional provision

This Regulation shall not apply to liquid biomass which is used for electricity production before 1 January 2011. Unofficial table of contents

Section 79 Entry into force

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

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

(Fundstelle: BGBl. I 2009, 2192-2194;
with regard to of the individual amendments. Footnote)

1.

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

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

The following are:

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

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

2.

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

3.

(not occupied).

4.

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

SAVINGS

= (EF-EB) /EF

The following are:

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

5.

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

CO2:	1
N2O:	296
CH4:	23

6.

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

7.

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

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

The following are:

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

8.

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

a)

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

b)

in one of the following two categories:

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

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

9.

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

a)

heavily degraded areas are areas,

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

and they're heavily eroded, and

b)

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

The areas referred to in point 8, first sentence, point (b) shall also apply to all the areas affected by a decision of the Commission of the European Communities as being severely damaged or severely affected by the fourth subparagraph of Article 18 (4) of Directive 2009 /28/EC polluted areas have been recognised.

10.

As soon as the Commission of the European Communities has drawn up guidelines for the calculation of the soil carbon stock as set out in Annex V, Part C, point 10, first sentence of Directive 2009 /28/EC, these are the calculation of the soil carbon stock in accordance with this Annex. The competent authority shall make known the contents of these guidelines in the Federal Gazette.

11.

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

12.

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

13.

The emissions from the use of the liquid fuel (EU) shall be set at zero for liquid biomass.

14.

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

15.

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

16.

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

17.

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

18.

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

19.

In the case of liquid biomass used for electricity generation, for the purposes of the calculation referred to in point 4, the reference value for fossil fuels EF 91 g CO2eq/MJ.In the case of liquid biomass used for the generation of electricity in combined heat and power, for the purposes of the calculation referred to in point 4, the reference value for fossil fuels shall be EF 85 g CO2eq/MJ.

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

(Fundstelle: BGBl. I 2009, 2195-2198;
with regard to of the individual amendments. Footnote)

1.

Default values for liquid biomass

a)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

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

b)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	26
bb)	Ethanol from wheat (process fuel not specified)	45
cc)	Ethanol from wheat (lignite as process fuel in CHP plant)	45
dd)	Ethanol from wheat (natural gas as process fuel in conventional plant)	30
ee)	Ethanol from wheat (natural gas as process fuel in CHP plant)	19
ff)	Ethanol from wheat (straw as process fuel in CHP plant)	1
gg)	Ethanol produced from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)	21
hh)	Ethanol from sugar cane	1
ii)	Biodiesel from rapeseed	22
jj)	Biodiesel from sunflower	22
kk)	Biodiesel from soybeans	26
b)	Biodiesel from Palmöl (process fuel not specified)	49
mm)	Biodiesel from palm oil (processing with methane binding at the oil mill)	18
nn)	Biodiesel from vegetable or animal waste oil	13
oo)	hydrated rapeseed oil	13
pp)	hydrated sunflower oil	13
qq)	hydrated palm oil (process not specified)	42
rr)	hydrated palm oil (processing with methane binding at the oil mill)	9
ss)	pure rapeseed oil	5
dd)	(dropped)
uu)	(dropped)

c)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	2
bb)	Ethanol from wheat	2
cc)	Ethanol produced from maize, produced in a Member State of the European Union	2
dd)	Ethanol from sugar cane	9
ee)	Biodiesel from rapeseed	1
ff)	Biodiesel from sunflower	1
gg)	Biodiesel from soybeans	13
hh)	Biodiesel from Palmöl	5
ii)	Biodiesel from vegetable or animal waste oil	1
jj)	hydrated rapeseed oil	1
kk)	hydrated sunflower oil	1
b)	hydrated palm oil	5
mm)	pure rapeseed oil	1
nn)	(dropped)
oo)	(dropped)

d)

Total standard values for manufacture and delivery:

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from sugar beet	40
bb)	Ethanol from wheat (process fuel not specified)	70
cc)	Ethanol from wheat (lignite as process fuel in CHP plant)	70
dd)	Ethanol from wheat (natural gas as process fuel in conventional plant)	55
ee)	Ethanol from wheat (natural gas as process fuel in CHP plant)	44
ff)	Ethanol from wheat (straw as process fuel in CHP plant)	26
gg)	Ethanol produced from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)	43
hh)	Ethanol from sugar cane	24
ii)	Biodiesel from rapeseed	52
jj)	Biodiesel from sunflower	41
kk)	Biodiesel from soybeans	58
b)	Biodiesel from Palmöl (process fuel not specified)	68
mm)	Biodiesel from palm oil (processing with methane binding at the oil mill)	37
nn)	Biodiesel from vegetable or animal waste oil	14
oo)	hydrated rapeseed oil	44
pp)	hydrated sunflower oil	32
qq)	hydrated palm oil (process not specified)	62
rr)	hydrated palm oil (processing with methane binding at the oil mill)	29
ss)	pure rapeseed oil	36
dd)	(dropped)
uu)	(dropped)

2.

Estimated default values for future liquid biomass that were not available at the reference time, or only in negligible quantities on the market

a)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	3
bb)	Ethanol from wood	1
cc)	Ethanol from cultivated wood	6
dd)	Fischer-Tropsch-Diesel from waste wood	1
ee)	Fischer-Tropsch-Diesel from Kulturholz	4
ff)	Dimethyl ether (DME) from waste wood	1
gg)	DME from Kulturholz	5
hh)	Methanol from waste wood	1
ii)	Methanol from cultivated wood	5

b)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	7
bb)	Ethanol from wood	17
cc)	Fischer-Tropsch-Diesel from wood	0
dd)	DME of wood	0
ee)	Methanol from wood	0

c)

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

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	2
bb)	Ethanol from waste wood	4
cc)	Ethanol from cultivated wood	2
dd)	Fischer-Tropsch-Diesel from waste wood	3
ee)	Fischer-Tropsch-Diesel from Kulturholz	2
ff)	DME from waste wood	4
gg)	DME from Kulturholz	2
hh)	Methanol from waste wood	4
ii)	Methanol from cultivated wood	2

d)

Total standard values for manufacture and delivery:

Production route of the liquid biomass standard drier- greenhouse gas emissions (g CO2eq/MJ)

aa)	Ethanol from Weizenstroh	13
bb)	Ethanol from waste wood	22
cc)	Ethanol from cultivated wood	25
dd)	Fischer-Tropsch-Diesel from waste wood	4
ee)	Fischer-Tropsch-Diesel from Kulturholz	6
ff)	DME from waste wood	5
gg)	DME from Kulturholz	7
hh)	Methanol from waste wood	5
ii)	Methanol from cultivated wood	7

3.

(dropped)

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Appendix 3 (to § 18 (2))
Proof of sustainability

(Fundstelle: BGBl. I 2009, 2199)
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Appendix 4 (to § 24 (1))
Model of a sustainability partial certificate

(Fundstelle: BGBl. I 2009, 2201)
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Appendix 5 (to § 33 (1), § 43 (1))
Content requirements for certification systems

(Fundstelle: BGBl. I 2009, 2201-2202;
with regard to of the individual amendments. Footnote)

1.

Certification systems shall contain at least rules on:

a)

the requirements of § § 4 to 8 for the production and supply of the liquid biomass, taking into account a mass balance system in accordance with § 16, to be determined, implemented and used in the interfaces, the cultivation and other operated and controlled by the supplier;

b)

what requirements the interfaces, including all those establishments directly or indirectly involved in the production or supply of biomass, which are not themselves an interface, meet for the purpose of issuing a certificate; , in particular

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

c)

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

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

d)

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

e)

that the certification bodies commit themselves in writing,

aa): to meet the requirements of this certification system,
bb): tolerate the checks and measures in accordance with § 55; and
cc): for all places where they are engaged in activities under this Regulation and which do not fall within the scope of this Regulation, to grant the competent authority a possibility of control and assistance in accordance with paragraph 55,

f)

that the interfaces which have undertaken to meet the requirements of this certification system, including all those involved in the production or supply of the liquid biomass, directly or indirectly, companies that are not themselves an interface in writing,

aa): comply with the requirements of this certification system and the requirements laid down in Article 26 (1);
bb): to tolerate the control in accordance with § § 49 and 50; and
cc): for all places where they carry out activities under this Regulation and which do not fall within the scope of this Regulation, to grant the certification authority a possibility to control and enter in accordance with § § 49 and 50,

g)

to which countries or States the requirements referred to in points (a) to (f) relate.

2.

Certification systems must ensure that compliance with the requirements laid down in this Regulation does not entail disproportionate costs for small-scale farms, producer organisations and cooperatives. For this purpose, in justified cases, they may differ from the requirements of Part 4 of this Regulation.

3.

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

4.

The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety can determine the requirements set out in points 1 to 3 in agreement with the Federal Ministry of Food and Agriculture by means of a reference system and as a Federal Gazette (Bundesanzeiger). The first sentence shall not apply to the information provided by the Commission of the European Communities on the basis of the third subparagraph of Article 18 (3) of Directive 2009 /28/EC for the purpose of ensuring that the economic operators provide that information to the Member States of the European Union.

Regulation on requirements for the sustainable production of liquid biomass for power generation

Original Language Title: Verordnung über Anforderungen an eine nachhaltige Herstellung von flüssiger Biomasse zur Stromerzeugung

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Regulation on requirements for the sustainable production of liquid biomass for electricity generation (Biomass Stream Sustainability Ordinance-BioSt-NachV)

Footnote

Input formula

Content Summary

Part 1 General provisions

§ 1 Scope

§ 2 Definitions

Part 2 Sustainability requirements

§ 3 Requirements for remuneration

§ 4 Protection of areas with a high nature conservation value

§ 5 Protection of surfaces with high carbon stock

§ 6 Protection of Torfmoor

§ 7 Sustainable agricultural management

§ 8 greenhouse gas-mitigation potential

§ 9

§ 10 Bonus for renewable raw materials

Part 3 Evidence

Section 1 General provisions

§ 11 Proof of compliance with the requirements for remuneration

§ 12 Further evidence

Section 13 Transmission of evidence to the competent authority

Section 2 Sustainability evidence

§ 14 Recognied evidence

§ 15 Exhibition of sustainability certificates

§ 16 Exhibition on the basis of mass balance systems

§ 17 Delivery on the basis of mass balance systems

§ 18 Content and form of sustainability certificates

§ 19 Supplement to missing information

§ 20 Unenforceability of sustainability certificates

§ 21 Further consequences of missing or insufficient information

§ 22 Recognizing sustainability certificates on the basis of the biofuel sustainability regulation

§ 23 Other recognised sustainability certificates

§ 24 Sustainability Substatements

Section 3 Certificates for interfaces

§ 25 Recognizing certificates

Section 26 Exhibition of certificates

§ 27 Content of the certificates

§ 28 Consequences of missing information

Section 29 Validity of the certificates

§ 30 Recognizing certificates on the basis of the biofuel sustainability regulation

Section 31 Other recognised certificates

Section 4 Certification systems

§ 32 Recognizing Certification Systems

§ 33 Recognition of certification systems

Section 34 Procedure for recognition

Section 35 Content of the recognition

Section 36 Amendments to the acceptance of the recognition

Section 37 Erasing of recognition

Section 38 Revocation of recognition

Section 39 Reports and communications

§ 40 Recognizing certification systems on the basis of the biofuel sustainability regulation

Section 41 Other recognised certification systems

Section 5 Certification Authorities

Subsection 1 Recognition of certification bodies

Section 42 Recognizing certification bodies

Section 43 Recognition of certification bodies

Section 44 Procedure for recognition

Section 45 Content of the recognition

Section 46 Erasing of recognition

Section 47 Revocation of recognition

Subsection 2 Tasks of Certification Authorities

§ 48 Management of interface directories

Section 49 Control of interfaces

Section 50 Control of cultivation

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

Section 52 Reports on controls

Section 53 Additional reports and communications

§ 54 Storage, handling of information

Subsection 3 Certifying Certification Authorities

Section 55 Controls and measures

Subsection 4 Other recognised certification bodies

Section 56 Recognizing certification bodies on the basis of the biofuel sustainability regulation

Section 57 Other recognised certification bodies

Section 6 Special and transitional provisions for proof

§ 58 Proof of compliance with the requirements for the bonus for renewable raw materials

§ 59 Proof by environmental verifiers and environmental verifiers

§ 60 Proof of provisional recognition

Part 1
General provisions

Part 2
Sustainability requirements

Part 3
Evidence

Section 1
General provisions

Section 2
Sustainability evidence

Section 3
Certificates for interfaces

Section 4
Certification systems

Section 5
Certification Authorities

Subsection 1
Recognition of certification bodies

Subsection 2
Tasks of Certification Authorities

Subsection 3
Certifying Certification Authorities

Subsection 4
Other recognised certification bodies

Section 6
Special and transitional provisions for proof

Part 4
Central Information Register

Part 5
Data collection and processing, reporting requirements, official procedures

Part 6
Transitional and final provisions

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

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

Appendix 3 (to § 18 (2))
Proof of sustainability

Appendix 4 (to § 24 (1))
Model of a sustainability partial certificate

Appendix 5 (to § 33 (1), § 43 (1))
Content requirements for certification systems