Regulation On Requirements For A Sustainable Production Of Liquid Biomass For Electricity Generation

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Regulation on requirements for the sustainable production of liquid biomass for power generation (Biomassestrom-Sustainability Regulation-BioSt-NachV)

Non-official Table of Contents

BioSt-NachV

Date of Date: 23.07.2009

Full quote:

" Biomassestrom-Sustainability Ordinance of 23. July 2009 (BGBl. 2174), as last amended by Article 3 of the Law of 20. November 2014 (BGBl. I p. 1740) "

:Last modified by Art. 3 G v. 20.11.2014 I 1740

See Notes
*)
This Regulation is designed to implement Directive 2009 /28/EC of the European Parliament and of the Council of 23 June 2009 on the implementation of the European Parliament and Council Directive. The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, p. 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 The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C 37), as last amended by Directive 2006 /96/EC (OJ L 327, 21.12.2006, p. 81).

footnote

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

Non-official Table of Contents

Input Formula

On the basis of
-
, Section 64, Paragraph 1, Sentence 1, point 9, of the Renewable Energy Act of 25. October 2008 (BGBl. 2074) the Federal Government as well as
-
of § 64 (2) (1) of the Renewable Energy Act, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in the Federal Republic of Germany. Agreement with the Federal Ministry of Food, Agriculture and Consumer Protection with the consent of the Bundestag:
Non-official Table of Contents

Content Summary

Part 1General Provisions
§ 1Scope
§ 2
2Sustainability
§  3Remuneration requirements
§ 4Protection of surfaces with high nature value
§ 5Protection of high-carbon surfaces
§ 6Protection by Torfmoor
§ 7Sustainable agricultural management
§ 8 Greenhouse gas mitigation potential
§ 9(omitted)
§ 10 Bonus for renewable raw
3Detection Section 1General Provisions
§ 11 Proof of compliance with the requirements for remuneration
§ 12Further evidence
§ 13Transfer of proof to the competent
2Sustainability credentials
§ 14Acknowledged Proof
§ 15Exhibition of Sustainability evidence
§ 16Mass Balance Sheet Exhibition
§ 17 Delivery due to mass balance systems
§ 18Content and form of sustainability certificates
§ 19Night-rag missing information
§ 20Invalidity of Sustainability evidence
§ 21Further consequences of missing or insufficient evidence
§ 22Recognizing sustainability credentials due to the biofuel sustainability ordinance
§ 23 Other recognised sustainability certificates
§ 24
3Certificates for Interfaces
§ 25Recognizing certificates
§ 26 Exhibition of certificates
§ 27contents of certificates
§ 28Consequences of missing information
§ 29Certificates effectivity
§ 30Recognised certificates due to the biofuel sustainability regulation
§ 31 Other trusted certificates
4Certification
§ 32Recognizing Certification Systems
§ 33Certification Systems Recognition
§ 34 Method of recognition
§ 35Content of recognition
§ 36 Nightful changes to the recognition
§ 37Erasing the recognition
§ 38Revocation of recognition
§ 39Reports and Communications
§ 40Acknowledged certification systems due to biofuel sustainability ordinance
§ 41 Other trusted certification systems
5Certification post subsection 1Recognition of certification bodies
§ 42Recognized Certification Bodies
§ 43Recognition of Certification Authorities
§ 44Method of recognition
§ 45 Content of recognition
§ 46Erasing the Recognition
§ 47 Revocation of recognition
Subsection 2Tasks of Certification
§ 48 Leading Interface Directories
§ 49Interfaces Control
§ 50Control of cultivation
§ 51Control of the cultivation of sustainable agricultural products Management
§ 52Reports on controls
§ 53 Other reports and notices
§ 54Retention, handling of information
Subsection 3Surveillance of Certification
§ 55Controls and
Subsection 4Other
Certification
§ 56Recognizing certification bodies based on the Biofuel Sustainability Ordinance
§ 57Other recognised certification
6Special and Transition-
provisions as
§ 58Proof of compliance with the requirements for the bonus for renewable energy Raw materials
§ 59Proof by environmental verifiers
§ 60 Proof of provisional recognitions
4Central information register
§ 61 (omitted)
§ 62(omitted)
§ 63 (omitted)
§ 64(omitted)
§ 65 (omitted)
§ 66Information tab
§ 67 Data reconciliation
§ 68Competent authority measures
§ 69 (omitted)
5Data collection and processing,
reporting requirements, regulatory
§ 70Competent authority's right to information
§ 71Responsible authority reporting obligation
§ 72(omitted)
§ 73Data transfer
§ 74jurisdiction
§ 75proceedings before the responsible Authority
§ 76Patterns and forms
§ 77 External
6Transitions-
and Final Provisions
§ 78 Transitional determination
§ 79Entry into
Appendix 1 (to § 8 paragraph 3): Method for calculating the greenhouse gas-reduction potential based on actual values
Appendix 2 (to § 8 paragraph 4): default values on the calculation of the greenhouse gas mitigation potential
Appendix 3 (to § 18 paragraph 2): Pattern of sustainability proof
Appendix 4 (to § 24 paragraph 1): Pattern of a sustainability partial proof
Appendix 5 (to § 33, paragraph 1, § 43, paragraph 1): Content requirements Certification

Part 1
General Provisions

Non-official Table of contents

§ 1 Scope

This regulation applies to liquid biomass used in accordance with the Renewable Energy Sources Act for the generation of electricity, with the exception of liquid biomass, which is used only for starting, ignition and/or ignition systems. Support firing is used. Non-official table of contents

§ 2 Definitions

(1) Biomass within the meaning of this Regulation is biomass as defined in the biomass ordinance of 21 June 2013. June 2001 (BGBl. 1234), as amended by the Regulation of 9 December 2008. August 2005 (BGBl. 2419), as amended in each case. Liquid biomass is biomass according to the first sentence, which is liquid at the time of entry into the combustion chamber or combustion chamber.(2) Production within the meaning of this Regulation shall include all stages from the cultivation of the necessary biomass, in particular the plants, to the processing of the liquid biomass to the level of quality required for use in installations for the production of the biomass. Power generation is required.(3) Interfaces within the meaning of this Regulation are
1.
the establishments and premises (establishments) which represent the biomass used for the production of liquid biomass is required for the first time by the companies that grow and harvest this biomass for the purpose of continuing trade,
2.
Oil mills and
3.
Refineries and other plants for processing liquid biomass to the quality level required for use in power generation plants.
(4) Environmental verifiers within the meaning of this Regulation are
1.
persons or organisations which, in accordance with the Environmental Act, 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. 399), in the relevant version for agriculture or forestry as an environmental verifier, environmental verifier or environmental verifier organisation, and
2.
other environmental verifiers, environmental verifiers and environmental verifiers, provided they are located in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area in the field of agriculture or forestry or a comparable area, in accordance with § 18 of the Environmental Law.
(5) Certificates within the meaning of this Regulation are Certificates of conformity to the effect that interfaces, including all holdings directly or indirectly involved in the production or transport and distribution (supply) of biomass, meet the requirements of this Regulation .(6) Certification bodies within the meaning of this Regulation are independent natural or legal persons who, in a recognised certification system,
1.
Certificates for interfaces where they meet the requirements laid down in this Regulation, and
2.
the fulfilment of the requirements of this Regulation by establishments, Control of interfaces and suppliers.
(7) Certification systems within the meaning of this Regulation shall be systems designed to meet the requirements of this Regulation for the production and delivery of biomass ensure, in particular, standards for the purpose of determining the requirements of this Regulation in order to demonstrate compliance and to check that proof of compliance.

Part 2
Sustainability requirements

Non-official table of contents

§ 3 Remuneration requirements

(1) For electricity from liquid Biomass is the right to receive financial support under the funding provisions for electricity from biomass of the Renewable Energy Sources Act in the version to be applied for the installation only if
1.
the requirements on
a)
the protection of natural habitats according to § § 4 to 6 and
b)
a sustainable agricultural management according to § 7
have been fulfilled,
2.
the liquid biomass used has the greenhouse gas reduction potential in accordance with § 8 and
3.
the operator of the plant in which the liquid biomass for electricity generation , the information required for the registration of the installation has been provided in accordance with the provisions of the Regulation pursuant to Section 93 of the Renewable Energies Act; the obligation after the first half-sentence shall also be considered to be fulfilled if the System operator the registration of the plant in the register of plants in accordance with § § 61 to 63 of the Biomass Power Sustainability Ordinance in der am 31. 1.
(2) For the assessment of the requirements for the protection of natural habitats in accordance with § § 4 to 6 is the reference date of the 1. January 2008. If there are no adequate data to demonstrate compliance with the requirements for this day, the reference date may be another day in January 2008.(3) Paragraph 1 applies to both liquid biomass produced in the Member States of the European Union and to liquid biomass imported from non-EU Member States (third countries), unless otherwise indicated in the following provisions.(4) Paragraph 1 (1) shall not apply to liquid biomass produced from waste or from residues, unless the residues originate from the agricultural, forestry or fish industries or from aquaculture. unofficial table of contents

§ 4 Protection of high nature value areas

(1) biomass used for the production of liquid biomass, should not come from land with a high value for biodiversity.(2) As areas with a high biodiversity value, all the areas that had the status at the reference time or later, regardless of whether the areas are still in this state, apply:
1.
wooded surfaces according to paragraph 3,
2.
nature conservation-purpose areas referred to in paragraph 4 or
3.
Green country with great biodiversity in accordance with paragraph 5.
(3) wooded areas are
1.
primary forests and
2.
other natural areas,
a)
which are covered with native tree species,
b)
in which there is no clearly visible sign of human activity, and
c)
where the ecological processes are not significantly disturbed.
(4) Surfaces are used for nature conservation purposes Areas designated by law or by the competent authority for nature conservation purposes. In so far as the Commission of the European Communities is responsible for the application of Article 18 (4), second sentence, sentence 3 of Directive 2009 /28/EC of the European Parliament and of the Council of 23 June 2009, The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, p. 16) for the protection of rare, threatened or endangered ecosystems or species which are recognised by
1.
in international agreements or
2.
listed in the directories of inter-governmental organizations or the International Union for the Conservation of Nature
for the purposes of The provisions of Article 17 (3) (b) (ii) of this Directive shall also apply to areas serving as nature protection. Paragraph 1 shall not apply, provided that the cultivation and harvesting of biomass do not run counter to the nature of the nature of the natural environment.(5) Greenland with a large biological diversity is grassland that would remain unaffected by human hand
1.
grassland and its natural species composition as well as its natural species. ecological characteristics and processes are intact (natural grassland) or
2.
no grassland would remain and the species is rich and not degraded (artificial (a), unless the biomass harvest is necessary for the preservation of grassland status.
As a grassland with a large biological diversity, areas designated by the Commission of the European Communities shall apply in particular to: The second subparagraph of Article 17 (3) of Directive 2009 /28/EC has been laid down 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 artificially Non-official table of contents

§ 5 Protection of high-carbon areas

(1) Biomass used for the production of liquid biomass , shall not come from land with a high above-ground or subterranean carbon stock.(2) As areas with a high above-ground or underground carbon stock, all areas which had the following status at the reference time or later and which are no longer in this status at the time of cultivation and harvesting of the biomass shall apply:
1.
Wetlands according to paragraph 3, or
2.
continuously forested areas by paragraph 4.
(3) Wetlands are areas which are constantly or partially covered by water for a significant part of the year. Wetlands, in particular, are all wetlands which are included in the list of internationally important wetlands referred to in Article 2 (1) of the Convention of 2. February 1971 on wetlands, in particular as a habitat for water and wadding birds, of international importance (BGBl. 1976 II p. 1266).(4) Continuously forested areas are areas of more than 1 hectare with trees over 5 meters high and
1.
with a degree of perspiration of more than 30 percent or with Trees that can reach these values on the respective site, or
2.
with a degree of shielding of 10 to 30 percent or with trees that are on the respective The location of these values can be achieved, unless the area before and after the conversion has such a carbon stock that the liquid biomass has the greenhouse gas reduction potential in accordance with § 8 paragraph 1 even in the case of a calculation according to § 8 Paragraph 3.
Non-official table of contents

§ 6 Protection of peat moor

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

§ 7 Sustainable agricultural management

The cultivation of biomass for the purpose of production of liquid Biomass must be used in agricultural activities in a Member State of the European Union
1.
in accordance with the provisions laid down in points 1 to 5 and 9 of Annex II to the Council Regulation (EC) No 73/2009 of 19 June 2009. 1 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ L 327, 30.4.2009, p. 16), and
2.
in accordance with the minimum requirements for good agricultural and environmental condition as defined in Article 6 (1) of Regulation (EC) No 73/2009
. Non-official table of contents

§ 8 Greenhouse gas-mitigation potential

(1) The liquid biomass used must be a greenhouse gas-reduction potential of at least 35 percent. This value increases
1.
on 1. January 2017 to at least 50 percent and
2.
on 1. January 2018 to at least 60 percent, provided the interface is in accordance with § 2 paragraph 3, number 2 after the 31. The first sentence of the first sentence of the first sentence of the first paragraph of the first subparagraph shall be that of the first sentence of 1 December 2016.
(2) In accordance with Section 2 (3) (2) before the 23 April 2013, the It was put into operation in January 2008.(3) The calculation of the greenhouse gas reduction potential shall be based on actual values in accordance with the method laid down in Appendix 1. The actual values of greenhouse gas emissions shall be determined on the basis of data to be measured. Measurements of data are recognized as accurate if, in particular, they are in accordance with
1.
of a post- Ordinance approved certification system or
2.
of a rule that
a)
the Commission of the European Communities on the basis of the second sentence of the second subparagraph of Article 18 (4) or the third subparagraph of Directive 2009 /28/EC, or
b)
the competent authority
has been recognized as the basis for measuring accurate data,
. The competent authority shall make the rules referred to in the second sentence of the third sentence of point 2 by means of a separate letter in the Bundesanzeiger.(4) In calculating the greenhouse gas reduction potential referred to in paragraph 3, the default values listed in Appendix 2 may be used in whole or in part for the formula in Annex 1, point 1. Sentence 1 shall apply to the sub-standard values in Appendix 2, point 1, point (a) only if
1.
the biomass
a)
outside of the member states of the European Union, or
b)
in the Member States of the European Union in areas listed in a list referred to in Article 19 (2) of Directive 2009 /28/EC,
or
2.
the liquid biomass has been produced from waste or from residues, unless the residual materials come 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, to technical and scientific progress to apply the changes also in the calculation of the greenhouse gas mitigation potential referred to in paragraphs 3 and 4. unofficial table of contents

§ 9

(omitted) unofficial Table of contents

§ 10 Bonus for renewable raw materials

For electricity from liquid biomass, the claim is based on the bonus for renewable raw materials in accordance with Section 27 (4) (2) of the Renewable Energy Act (Renewable Energies Act) in der 31. December 2011, only if the requirements of § § 3 to 8 are met, with § 8 (2) not applicable.

Part 3
Proof

Section 1
General Provisions

Non-Official Table of Contents

§ 11 Proof of the Compliance with the requirements for remuneration

Plant operators and plant operators must demonstrate to the network operator that the requirements for the remuneration in accordance with § 3 (1) are met. The verification is carried out
1.
for § 3 (1) (1) and (2) in conjunction with § § 4 to 8 by the Submission of proof in accordance with § 14 and
2.
for § 3 (1) (3) by submitting a confirmation from the competent authority on the registration of the installation according to In accordance with § 93 of the Renewable Energy Act, in the case of § 3 (1) (3), last half-sentence, the submission of the certificate issued by the competent authority in accordance with § 64 (4) of the German Renewable Energy Act shall be submitted. Biomassestrom-sustainability regulation in the July 2014.
Non-official table of contents

§ 12 Further evidence

Further evidence that the requirements of § 3 The provisions of paragraph 1 may not be required in respect of remuneration or financial support under the provisions for the provision of electricity from biomass of the Renewable Energy Sources Act in the version to be applied for the installation. § 58 shall remain unaffected. Non-official table of contents

§ 13 Transfer of evidence to the competent authority

Asset operators must make copies of the In accordance with Article 11, second sentence, point 1, which they submit to the network operator for the verification, they shall also immediately forward them to the competent authority in writing. In the case of Section 27 (3) (2) of the Renewable Energies Act, the copies are in the case of the 31.

Section 2
Sustainability Proof of Sustainability

href="index.html#BJNR217400009BJNE001600000"> unofficial table of contents

§ 14 trusted credentials

recognized evidence of compliance with § § § 4 to 8:
1.
Sustainability credentials as long as they have been issued in accordance with § 15 or § 24,
2.
Sustainability credentials according to § 22,
3.
Sustainability credentials according to § 23 and
4.
Environmental expert certifications according to § 59 paragraph 1.
unofficial table of contents

§ 15 exhibition of sustainability certificates

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

§ 16 Exhibition on the basis of mass balance systems

(1) In order to ensure that the origin of the biomass is completely uninterrupted for production , mass balance systems must be used which satisfy at least the requirements laid down in paragraph 2.(2) Mass balance systems must ensure that
1.
in the case of a mixture of biomass with other Biomass that does not meet the requirements of this Regulation,
a)
the amount of biomass that the the requirements laid down in this Regulation are fulfilled and annexed to this mixture, and
b)
the amount of biomass taken from the mixture and the quantity of biomass taken from the mixture. Biomass according to this Regulation shall not be higher than the quantity referred to in (a) and
2.
in the case of mixing of different quantities of
a)
liquid biomass, for which sustainability certificates have already been issued and the have different greenhouse gas mitigation potentials, these greenhouse gas mitigation potentials will only be anodised if all quantities that are added to the mixture before mixing the greenhouse gas-reduction potential according to § 8 (or
b)
Biomass used for the production of liquid biomass according to this Regulation and for which sustainability certificates are not yet issued , and which have different greenhouse gas emissions, these greenhouse gas emissions shall be salted only if all the quantities added to the mixture have, prior to mixing, the value of the value for this work step of the
aa)
from the Commission of the European Communities or
bb)
from 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 should be derived from the standard values according to Appendix 2 and 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 relevant working step of the production in the Official Journal of the European Union.(4) Any further requirements in certification systems which completely or partially exclude the mixing of the liquid biomass with other biomass shall remain unaffected. Non-official table of contents

§ 17 Delivery on the basis of mass balance systems

(1) To the origin of the liquid biomass from the interface, the has issued proof of sustainability, must
1.
the liquid biomass of this the interface until the plant operator or the plant operator is supplied exclusively by suppliers who document the delivery of the biomass in a mass balance system that meets the requirements of § 16 (2), and
2.
the control of the fulfillment of the requirement as specified in point 1.
(2) The requirements of paragraph 1 shall be deemed to be fulfilled if
1.
all suppliers have committed to meet the requirements of a Certification system, provided that it also contains requirements for the supply of liquid biomass,
2.
all suppliers are responsible for the maintenance and transfer of the liquid biomass, including the information on the proof of sustainability and the location and the date on which they received or passed the biomass in one of the following electronic databases:
a)
the database of a certification system, provided that the certification system is recognized in accordance with § 33 (2) also refers to the operation or use of this database, or
b)
the database of a certification body or any other legal or legal entity, or natural person, provided that it has been made known by the competent authority in the Federal Gazette as a recognised proof of the fulfilment of the requirements referred to in paragraph 1;
in the case of public interest, a database may also be used by the competent authority; the legitimate interests of economic operators, in particular their business and business secrets, shall be maintained, 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 to be used for the production of biomass. The use of biofuel is controlled in accordance with section 37d (2) (3) and (4) and (3) (2) of the Federal Immission Control Act, as amended by the 26. September 2002 (BGBl. 3830), which was last amended by Article 1 of the Law of 15 June 2003. July 2009 (BGBl. 1804) and Section 66 (1) (11a) (a) and (b) of the Energy Taxation Act of 15 June 2004. July 2006 (BGBl. 1534), which was last amended by Article 2 of the Law of 15. July 2009 (BGBl. I p. 1804) has been amended, as amended.
(3) The fulfilment of the requirements referred to in paragraph 1 is from the supplier who supplies the liquid biomass to the plant operator or the plant operator. provides proof of sustainability in the case of proof of sustainability. Non-official table of contents

§ 18 Content and form of sustainability evidence

(1) Sustainability credentials must be at least as follows: contain:
1.
the name and address of the issuing interface,
1a.
the date the exhibition,
2.
a unique record number, which is at least from the certificate number of the issuing interface and one of this interface One-time number,
3.
the name of the certification system in which the sustainability certificate has been issued,
4.
the amount and type of liquid biomass to which the sustainability certificate is related
5.
Confirmation that the liquid biomass to which the sustainability certificate refers meets the requirements according to § § 4 to 8, including
a)
in the case of § 8 (2) the indication that the interface referred to in Article 2 (3) (2) shall be made before the 23. January 2008, or
b)
of the following information:
aa)
the Energy content of the liquid biomass in megajoules,
bb)
The greenhouse gas emissions of the production and delivery of the liquid biomass in grams of carbon dioxide equivalent Megajoule of liquid biomass (g CO2eq/MJ),
cc)
the comparison value for fossil fuels used for the calculation of the greenhouse gas mitigation potential according to Appendix 1 , and
dd)
the countries or States in which the liquid biomass can be used; this information may cover the whole area in which the liquid biomass can be used and in which it can be used without the greenhouse gas emissions of production and delivery falling 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.
Confirmation of the last supplier in accordance with § 17 paragraph 3.
(2) Sustainability records must be issued in written form according to the model of Appendix 3.(3) Sustainability credentials must be submitted to the network operator in German. Non-official table of contents

§ 19 Nightterm missing information

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

§ 20 Uneffectiveness of Sustainability Evidence

(1) Sustainability credentials are ineffective if
1.
they do not contain one or more details according to § 18 paragraph 1 with the exception of point 5 (b) double letter dd,
2.
they are fake or contain an incorrect specification,
3.
the certificate of the issuing Interface at the time of issue of the sustainability certificate was not valid or no longer valid,
4.
the sustainability certificate or the certificate of the the issuing interface has been issued in a certification system which was not recognised or no longer recognised under this Regulation at the time of issue of the sustainability certificate or certificate, or
5.
the certificate of the issuing interface has been issued by a certificate authority that does not or no longer at the time of issuing the certificate after the certificate (
)
the proof of sustainability is not effective exclusively in accordance with paragraph 1, point 2, the right to the remuneration or financial support under the funding provisions for electricity from biomass of the Renewable energy law in the version to be used for the plant in each case 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 raw materials according to § 27 (4) (2) of the Renewable Energy Act (Renewable Energies Act) in der 31. In addition, the version in force of December 2011 shall not be final if
1.
of the plant operator or the plant operator shall be aware of the reasons for the ineffectiveness of the proof of sustainability at the time of use of the quantity of liquid biomass to which the inefficient proof of sustainability relates, or in the case of the application of the Traffic usual diligence could have detected the ineffectiveness or
2.
the certificate of the interface that issued the sustainability certificate at the time The issue of proof of sustainability was invalid.
Non-official table of contents

§ 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: Plant operators shall demonstrate to the network operator that the liquid biomass has the greenhouse gas reduction 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 Article 18 (1) (5) (b) of the double letter dd, or if the plant for electricity production 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 shall demonstrate to the network operator that the liquid biomass has the greenhouse gas reduction potential even in the case of an operation in that country or country. Non-official table of contents

§ 22 Recognised sustainability evidence on the basis of the biofuel sustainability ordinance

(1) Proof of sustainability is also recognised as being recognised as long as and insofar as it is recognised by a regulation on requirements for the sustainable production of biomass for use as a biofuel, which is based on § 37d (2) (2) number 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 Taxation Act, as amended.By way of derogation from paragraph 1, proof of sustainability shall not be deemed to be recognised as soon as it is requested for recognition in accordance with the provisions of the Regulation referred to in paragraph 1 with the competent main customs office, which is responsible for the tax relief in accordance with § 50 of the Energy Tax Act, unless the biomass to which the sustainability certificate refers is possible at the same time as the Renewable Energy Sources Act and the Energy Taxation Act.(3) § § 20 and 21 shall apply accordingly. Non-official table of contents

§ 23 Other recognised sustainability certificates

(1) Sustainability evidence is also recognized as long as and in so far as they are recognised in accordance with the law of the European Union or of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area, as proof that the the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC have been met and, if they have been issued in the other Member State,
1.
from the Authority responsible for verification in that Member State
2.
from the body responsible for the detection of the detection system by the competent authority in accordance with point 1 , or
3.
from any other body established by the national accreditation body of the Member State on the basis of general criteria for the bodies responsible for: Certifying products for which verification is accredited.
(2) Insofar 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 multilateral contract concluded by the European Community with a third country, the sustainability requirements referred to in Article 17 (2) to (5) of the Directive 2009 /28/EC, the fulfilment of the requirements of § § 4 to 8 may also be demonstrated by proof of sustainability, which proves that the biomass has been produced in this third country. In addition, the provisions of the bilateral or multilateral treaty must be observed for proof.(3) Regardless of paragraph 2, in the production of biomass in a third country which has concluded a bilateral or multilateral agreement with the European Community on the sustainable production of biomass, the fulfilment of the Requirements in accordance with § § 4 to 8 shall also be demonstrated by means of proof of sustainability of the body designated in the contract if and to the extent that the contract determines the fulfilment of the requirements of Article 17 (2) to (5) of Directive 2009 /28/EC or make such a determination possible. Where no body is designated in this Treaty, certificates issued by the authorities of the third country in accordance with points 1 to 3 of paragraph 1 shall be recognised as proof.(4) § 21 shall apply accordingly. Non-official table of contents

§ 24 Sustainability certificates

(1) The competent authority shall provide for subsets of liquid biomass for which: has already been issued with a proof of sustainability, at the request of the holder or the holder of the sustainability certificate of sustainability. 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 issued 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) Where greenhouse gas mitigation potentials or values for greenhouse gas emissions of different quantities of liquid biomass for which proof of sustainability or proof of sustainability have been issued, shall be subject to the conditions laid down in Article 16 (2) In paragraph 2 (a), the competent authority shall, at the request of the holder or the holder of the sustainability certificate or certificate of sustainability, issue a proof of sustainability certificate containing the values derived from the following: Saldation result. The provisions of the second sentence of paragraph 1 shall apply accordingly.(4) In the case of a proof of sustainability in accordance with § 15 or § 22, the competent authority must send a copy of the sustainability partial proof immediately and electronically after the exhibition to the certification body, which is the interface, which issued the certificate of sustainability, issued the certificate. In the case of a proof of sustainability in accordance with § 23, it may send a copy of the sustainability partial proof to the authority or body which issued the proof of sustainability.(5) Sustainability certificates referred to in paragraphs 1 to 3 may, in the case of liquid biomass supplied by suppliers, document the receipt and transfer of biomass in an electronic database in accordance with Article 17 (2) (2) of this Regulation, also be issued by the operator of the electronic database. In the case of the first sentence, the operator of the database shall immediately and electronically transmit a copy of the proof of sustainability certificate to the competent authority; paragraph 4 shall not apply. Further requirements in the recognition of the electronic database or in certification systems remain unaffected.(6) The provisions of this Section shall apply mutagentily to the sustainability certificates issued in accordance with paragraphs 1 to 3 and 5, unless otherwise indicated in paragraphs 1 to 3 or 5. name="BJNR217400009BJNG000600000 " />

Section 3
Interfaces Certificates

Non-Official Table of Contents

§ 25 Recognizing Certificates

Recognized certificates within the meaning of this Regulation are:
1.
Certificates, as long as and insofar as they have been issued in accordance with § 26,
2.
certificates according to § 30 and
3.
Certificates according to § 31.
Non-official table of contents

§ 26 Exhibition of Certificates

(1) Interfaces can be issued on request a certificate if
1.
they have committed to be in the production of biomass in the the scope of this Regulation to comply with at least the requirements of a certification scheme recognised under this Regulation
2.
of interfaces according to § 15 (3),
a)
at the exhibition of sustainability certificates the requirements according to § § 15 and 18 (1) and (2) ,
b)
submit copies of any evidence of sustainability which they have issued under this Regulation to the certification body, which shall: certificate issued, and
c)
these sustainability certificates and all documents required for their exhibition at least ten years
3.
It shall ensure that all holdings directly or indirectly involved in the production or supply of the biomass, which are are not themselves an interface, have required, in the manufacture of biomass within the scope of this Regulation, to meet at least the requirements of a certification system recognised under this Regulation, and to Meet requirements also,
4.
they have committed to document:
a)
the fulfilment of the requirements of § § 4 to 7 by the interfaces and all of them with the production or delivery of the biomass directly or indirectly Entities that are not themselves an interface, in the certification system,
b)
the amount and type of biomass used for production,
c)
in the case of the interfaces according to § 2, paragraph 3, point 1, the site of biomass cultivation, as a polygon in geographical coordinates with an accuracy of 20 meters for each Single point, and
d)
each in grams of carbon dioxide equivalent per megajoule biomass (g CO2eq/MJ) the greenhouse gas emissions, which are caused by the interfaces and all of them the production or supply of biomass directly or indirectly, which is not itself an interface, has been caused in the manufacture and supply of the biomass, provided that it is used for the calculation of the biomass Greenhouse gas mitigation potential according to § 8 must be taken into account, and
5.
the fulfilment of the requirements set out in points 1 to 4 of the
authority (CA)(2) After expiration of a certificate, interfaces on request can only be issued with a new certificate if
1.
they have met the requirements of paragraph 1, number 1 to 4 during the validity of the previous certificate,
2.
the documentation referred to in paragraph 1 (4) is traceable and
3.
the controls according to § 49 none
If an interface did not meet the requirements of paragraph 1 (1) to (4) during the period of validity of the previous certificate, and the extent of the irregularities and infringements is not significant, by way of derogation from the first subparagraph of point 1, a new certificate may also be issued if the interface neither intentionally nor grossly negligently did not fulfil the requirements and if the fulfilment of the requirements for the duration of the Validity of the new certificate is ensured.(3) Paragraphs 1 and 2 shall not affect the right of the interface to manufacture also raw, combustion or fuel which is not considered to be liquid biomass under this Regulation.(4) In order to issue certificates referred to in paragraphs 1 and 2, only certification bodies recognised in accordance with this Regulation which have been designated by the certification system referred to in paragraph 1 (1) shall be entitled to issue certificates in accordance with the provisions of paragraph 1 (1) of this Regulation. of this certification system. Non-official table of contents

§ 27 contents of certificates

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

§ 28 consequences of missing information

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

§ 29 Validity of the certificates

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

§ 30 Recognized certificates due to the biofuel sustainability regulation

(1) Certificates are also valid as , as long as and in so far as they are recognised under a Regulation on the requirements for the sustainable production of biomass for use as a biofuel which, pursuant to Articles 37d (2) (3) and (4) and (3) (2) of the The Federal Immission Control Act and Section 66 (1) (11a) (a) and (b) of the Energy Tax Act have been adopted in their respective versions.(2) § 28 shall apply accordingly. Non-official table of contents

§ 31 Other approved certificates

(1) Certificates are also recognized as long as and as long as they are governed by the law of the The European Union or any other Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area shall be recognised as proof that one or more interfaces are the requirements laid down in Article 17 (2) to (6) of Directive 2009 /28/EC, and where they have been issued in the other Member State,
1.
by the Authority, which shall: in that Member State shall be responsible for the verification of records,
2.
from the body which has been recognised by the competent authority in accordance with point 1 above for the purpose of detection , or
3.
from any other body established by the national accreditation body of the Member State on the basis of general criteria for bodies, the products certify that the certificate is accredited.
(2) § 23 (2) and (3) shall apply accordingly.

Section 4
Certification Systems

name="BJNR217400009BJNE003400000 " />Non-Official Table of Contents

§ 32 Recognizing Certification Systems

Recognizing certification systems within the meaning of this Regulation are:
1.
Certification systems, as long as they are recognized in accordance with § 33 or § 60 paragraph 1,
2.
Certification systems according to § 40 and
3.
Certification systems according to § 41.
Non-official table of contents

§ 33 Recognition of certification systems

(1) Certification systems are accepted on request when
1.
for them, the following are named:
a)
a natural or legal person who is organizationally
b)
a delivery address in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area (EEA),
(c)
Certification bodies which are recognised under this Regulation and which use the respective certification system, and
d)
the countries or states to which they are
2.
ensure that the requirements laid down in Articles 17 to 19 of Directive 2009 /28/EC, as specified in this Regulation, are complied with
3.
they are accurate, reliable, and protected from abuse, and assess the frequency and method of sampling, and the reliability of the data,
4.
ensuring an appropriate and independent review of the data and demonstrating that such a review is done, and
5.
For this purpose, they contain standards that meet at least the requirements of Annex III to the Agreement on Technical Barriers to Trade (OJ L 327, 30.4.2004, p. 86) and the requirements of Appendix 5.
(2) Insofar as the certification system operates an electronic database for the purpose of detecting or using that, in the delivery of the liquid biomass the requirements laid down in Article 17 (1) may be fulfilled, the recognition may also be related to this.(3) The proof that the requirements referred to in paragraph 1 are met shall be accompanied by the submission of appropriate documents. The competent authority may, in addition to the documents submitted, request further documents and carry out on-the-spot checks, as part of the recognition procedure in the certification systems, in so far as this is necessary for the decision on the application referred to in 1 is required. An on-the-spot check in another Member State of the European Union or a third country shall be carried out only if the other State agrees to this examination.(4) The recognition may include changes or additions to the certification system, in particular the standards for the more detailed determination of the requirements in accordance with § § 4 to 8, or may be subsequently provided with conditions, if this is necessary in order to comply with the requirements laid down in paragraph 1.(5) Recognition may be combined with recognition under a Regulation on the requirements for the sustainable production of biomass for use as a biofuel, based on the provisions of Article 37d (2) (3) and (4) and (3) (2). of the Federal Immission Control Act and the provisions of Section 66 (1) (11a) (a) and (b) of the Energy Tax Act, as amended.(6) The recognition can be limited to
1.
individual types of biomass,
2.
individual types of biomass.
Countries or States,
3.
Individual requirements according to § § 4 to 8 or
4.
operation 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 event of a restriction as set out in point 3 or 4 of the first sentence, the competent authority may: Authority shall determine that the certification system shall be deemed to be recognised only in combination with a different certification system. Non-official table of contents

§ 34 Recognition Procedure

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

§ 35 Content of recognition

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

§ 36 Adorable Changes in Recognition

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

§ 37 Ererase of recognition

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

§ 38 Revocation of recognition

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

§ 39 Reports and communications

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

§ 40 Recognizing certification systems based on the biofuel sustainability ordinance

Certification systems apply also 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, pursuant to Articles 37d (2) (3) and (4) and (3) (2). of the Federal Immission Control Act and the provisions of Section 66 (1) (11a) (a) and (b) of the Energy Tax Act, as amended. Non-official table of contents

§ 41 Other trusted certification systems

Certification systems are also recognized as valid as long as and as far as they are
1.
by the Commission of the European Communities on the basis of the second sentence of the second subparagraph of Article 18 (4) of Directive 2009 /28/EC or
2.
in a bilateral or multilateral treaty that the European Community has concluded with a third country
as a certification system for the purpose of determining Requirements as set out in Article 17 (2) to (6) of Directive 2009 /28/EC are recognized.

Section 5
Certification Authorities

Subsection 1
Certification Authorities Recognition

Non-official Table of Contents

§ 42 Acknowledged Certification Bodies

Recognizing Certification bodies within the meaning of this Regulation are:
1.
Certification bodies, as long as and insofar as they are recognized in accordance with § 43 (1) or § 60 (1)
2.
Certification bodies according to § 56 and
3.
Certification bodies according to § § § § 56 and
3.
57.
Non-official table of contents

§ 43 Recognition of certification bodies

(1) Certification bodies shall be accepted upon request if:
1.
name the following information:
a)
the names and addresses of the responsible People and
b)
the countries or states in which they perform tasks under this
2.
demonstrate that they have
a)
on the subject, equipment, and infrastructure that are used for perception of their activities,
b)
have a sufficient number of suitably qualified and experienced staff members and
c)
with a view to carrying out the tasks assigned to them independently of the certification systems, interfaces, businesses and suppliers as well as free of any conflict of interest are,
3.
meet the requirements of DIN EN 45011, March 1998, their conformity assessments according to the standards of the ISO/IEC Guide 60, September 2004 edition, and its controls meet the requirements of DIN EN ISO 19011, issue December 2002,*)
4.
as required by Appendix 5 (1) (e) in writing, and
5.
(2) The proof that the requirements referred to in paragraph 1 are met by the competent authorities of the Member States of the European Union or in another State Party to the Agreement on the European Economic Area.
(2) is to be carried out by submitting appropriate documents on the operational equipment of the respective certification body, its structure and its employees. 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 carry out on-the-spot checks, as part of the recognition procedure, with the certification bodies, to the extent that this is necessary for the decision on the application referred to in paragraph 1. is required. The third sentence of Article 33 (3) shall apply accordingly.(3) The recognition may also be subject to conditions if it is necessary for the proper conduct of the activities of a certification body.(4) Recognition may be combined with recognition under a Regulation on the requirements for the sustainable production of biomass for use as a biofuel, based on the provisions of Article 37d (2) (3) and (4) and (3) (2). of the Federal Immission Control Act and the provisions of Section 66 (1) (11a) (a) and (b) of the Energy Tax Act, as amended.(5) The recognition can be limited to
1.
individual types of biomass or
2.
individual countries or states.
*)
All DIN, ISO/IEC, and DIN EN ISO standards, which are referred to in this regulation, are to be obtained from Beuth-Verlag GmbH, Berlin, and set up by the German Patent and Trademark Office in Munich in an archival way.
Non-official table of contents

§ 44 Procedure for recognition

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

§ 45 Content of recognition

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

§ 46 Ererase Recognition

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

§ 47 Revocation of recognition

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

Subsection 2
Tasks of Certification Authorities

unofficial table of contents

§ 48 Guide of interface directories

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

§ 49 Control of interfaces

(1) The certification bodies control at least six months after the exhibition. of the first certificate and, incidentally, at least once a year, whether the interfaces continue to fulfil the requirements for issuing a certificate in accordance with § 26. The competent authority may, with reasonable suspicion, in particular on the basis of the reports in accordance with § 52, determine that an interface must be checked in shorter periods of time, even in the cases of § 26 (2) sentence 2.(2) The employees of certification bodies shall have the power to enter land, commercial, operating and storage spaces and means of transport during the business or operational period, to the extent that this is necessary for the control referred to in paragraph 1. is required. 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, Activities shall be carried out.(3) The interfaces within the scope of this Regulation shall be obliged to tolerate the checks referred to in paragraphs 1 and 2. Non-official table of contents

§ 50 Control of the installation

The certification bodies, the interfaces according to § 2, paragraph 3, point 1, a certificate shall, on the basis of appropriate criteria, check whether the establishments designated by the interfaces in which the biomass is grown or harvested for the purpose of the production of liquid biomass shall comply with the requirements laid down in § § 4 to 7. The nature and frequency of the checks referred to in the first sentence shall 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 holdings are to be checked annually. Section 49 (2) and (3) shall apply accordingly. Non-official table of contents

§ 51 Control of sustainable agricultural cultivation

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

§ 52 Reports on Controls

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

§ 53 Additional reports and communications

(1) Certification bodies must be immediately and immediately Transmit electronically copies of the following documents:
1.
Proof of sustainability of all interfaces certified by them,
2.
Supplements according to § 19,
3.
Certificates according to § 26, paragraphs 1 and 2, and
4.
Certificates according to § 58 (1) (b)
Certification bodies may require copies of the sustainability certificates as set out in the first sentence of the first sentence of the competent authority transfer to the interface.(2) Certification bodies shall be required by the competent authority for each calendar year up to 28. The following reports and information shall be transmitted electronically on request in February of the following calendar year:
1.
an excerpt from the List of interfaces according to § 48, as well as a list of all other companies and suppliers that they control, broken down by certification system,
2.
a list of all the checks carried out in the calendar year at interfaces, establishments and suppliers, broken down by certification system, with the exception of the checks referred to in the second sentence of section 52 of this Regulation, and
3.
a report on their experience with the certification systems they use; this report must include all the facts that are relevant to the assessment can be essential if the certification systems continue to meet the requirements for recognition in accordance with § 33.
Non-official Table of contents

§ 54 Storage, handling of information

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

Subsection 3
Monitoring of Certification Authorities

A non-official table of contents

§ 55 Controls and Measures

(1) The competent authority shall monitor the certification bodies recognised under this Regulation. The third sentence of Article 33 (3) shall apply accordingly.(1a) The employees and the agents of the competent authority shall have the power to enter land, commercial, operating and storage spaces and means of transport during the business or operational period, to the extent that this is the case for the Surveillance referred to in paragraph 1 is required. The second sentence of Article 49 (2) and the third paragraph shall apply accordingly.(2) The competent authority may, in respect of certification bodies, take the necessary measures to remedy any shortcomings identified and to prevent any future deficiencies. In particular, it may require that an employee of a certification body no longer be allowed to check whether the requirements of this Regulation are met due to a lack of independence, technical expertise or reliability. .(3) If environmental verifiers are recognised as certification bodies in accordance with this Regulation, the powers of the Admissions Office shall remain unaffected by paragraphs 1 and 2 in accordance with Section 28 of the Environment Act.

Subsection 4
Other Trusted Certification Authorities

Non-official table of contents

§ 56 Recognised 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 subject to a Regulation on requirements for sustainable production be recognised by biomass for use as biofuel, which is based on the provisions of Section 37d (2) (3) and (4) and (3) (2) of the Federal Immission Control Act and Article 66 (1) (11a) (a) and (b) of the Energy Tax Act (Energy Tax Act) in its current version has been adopted.(2) Subsections 2 and 3 of this section shall apply mutatily, unless otherwise indicated in the Regulation referred to in paragraph 1. Non-official table of contents

§ 57 Other approved certification bodies

(1) Certification bodies shall also be deemed to be recognized as long as and to the extent that: they
1.
from the Commission of the European Communities,
2.
from another Member State of the European Union or
3.
in a bilateral or multilateral treaty concluded by the European Community with a third country ,
are recognised as certifying bodies for the mandatory monitoring of compliance with the requirements of Article 17 (2) to (6) of Directive 2009 /28/EC, and that they also perform tasks under this Regulation in a certification system , which is recognised in accordance with this Regulation.(2) Subsections 2 and 3 of this Section shall be applied only in accordance with the provisions of the Commission of the European Communities or of the respective bilateral or multilateral treaty. name="BJNR217400009BJNG001300000 " />

Section 6
Special and Transient Provisions for Evidence

Non-Official Table of Contents

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

Acknowledged Proof of compliance with the requirements of § 10 are:
1.
Sustainability credentials, which are recognized in accordance with § 14 (1) to (3), if
a)
18 (1) (5) (b) or
(b)
this information by means of an additional certificate
aa)
the interface according to § 15 (3) or
bb)
a certificate authority that is under this Regulation ,
; if this certificate is issued by an interface, it is subject to the control according to § 49, or
2.
Environmental expert certifications according to § 59 paragraph 1.
unofficial table of contents

§ 59 Evidence by environmental verifiers

(1) compliance with the requirements of this regulation can be carried out in the case of liquid biomass, which is up to the 31. It will also be demonstrated by a certificate issued by an environmental verifier or an environmental verifier by the network operator in December 2011 for power generation.(2) The certificate referred to in paragraph 1 shall contain the following information:
1.
a confirmation that the requirements in accordance with § § 4 to 8 and in the event that the claim is the bonus for renewable raw materials is claimed, also fulfilled in accordance with § 10,
2.
a complete documentation of the production and delivery and the 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 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 § 8 (3), the actual values, separated according to the individual steps of the work of the 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, the environmental verifiers shall: Environmental verifiers, when issuing certificates as referred to in paragraph 1, shall use the standards of a certification system.(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. Non-official table of contents

§ 60 Proof of preliminary recognition

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

Part 4
Central Information Register

Table of Contents

§ 61 (omitted)

Non-official Table of Contents

§ 62 (omitted)

Non-official table of contents

§ 63 (omitted)

unofficial table of contents

§ 64 (omitted)

unofficial table of contents

§ 65 (omitted)

Non-official table of contents

§ 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 the verification pursuant to this Regulation (information register). Non-official table of contents

§ 67 Reconciliation

(1) The competent authority resembles the data in the information register
1.
with the data in the asset register in accordance with § 6 of the Renewable Energy Sources Act or with the data of the Total register according to § 53b of the German Energy Law, insofar as this is the responsibility of the asset register in accordance with Article 6 (4) sentence 2 of the Renewable Energies Act, and
2.
with the data available for biofuels according to § 37d (1) of the German Federal Immission Control Act.
(2) In the case of sustainability certificates according to § 23, the the competent authority shall match the data with the authority or body which issued the evidence. Section 77, second sentence, shall remain unaffected. Non-official table of contents

§ 68 Measures of the competent authority

The competent authority must be the network operator on whose network the asset is to be Electricity generation shall communicate to the extent that it relates to the liquid biomass used in this plant:
1.
Violations of the obligation to share according to § 13,
2.
contradictions between different data that are available in the Reconciliation framework has become known and
3.
other doubts about
a)
the effectiveness of a sustainability certificate, certificate, or certificate, or
b)
Accuracy of the facts detected in it.
Non-official table of contents

§ 69 (omitted)

Part 5
Data Collection and Processing, Reporting Obligations, Regulatory Procedure

Non-official Table of contents

§ 70 Right to information of the competent authority

The competent authority can be used by plant operators, certification bodies, interfaces, in the case of certification systems, by the persons according to § § § 70. 33 (1) (1) (a) and, in the case of § 59, further information shall be required by environmental verifiers to the extent necessary to do so by
1.
to perform the tasks of this Regulation
2.
to monitor whether the requirements of this
3.
to fulfil the reporting obligations of the Federal Republic of Germany vis-à-vis the institutions of the European Union.
Non-official table of contents

§ 71 Reporting obligation of the competent authority.

The competent authority regularly evaluates this regulation and lays down the Federal Government for the first time at 31 December 2010 and then each year an experience report. Nonofficial table of contents

§ 72 (omitted)

unofficial Table of contents

§ 73 Data transmission

(1) As far as this is necessary for the implementation of the Regulation, the competent authority may transmit information to
1.
the following federal authorities:
a)
the Federal Ministry of Finance,
b)
the Federal Ministry of Economic Affairs and Energy,
c)
the Federal Ministry of Food and Agriculture 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 § 37d (1) of the Federal Immission Protection Act
2.
Authorities of other Member States of the European Union as well as of third countries and their other bodies according to § 23 Paragraph 1 (1) to (3) and
3.
European Union institutions.
(1a) Insofar as this is done in order to match the data of the register of information pursuant to § 66 with the register of assets According to § 6 of the Renewable Energy Act or the Global Register pursuant to Section 53b of the German Energy Law, the tasks of the register of plants shall be carried out in accordance with Section 6 (4) sentence 2 of the Renewable Energies Act, , the competent authority may transmit information to the relevant register.(2) The transfer of personal data to the bodies referred to in paragraph 1 (1) shall be permitted only under the conditions of § 15 of the German Federal Data Protection Act. The transmission of these data to the bodies referred to in paragraph 1 (2) and (3) shall only be permitted under the conditions of § § 4b and 4c of the Federal Data Protection Act. Non-official table of contents

§ 74 jurisdiction

(1) The Federal Institute for Agriculture and Food is responsible for
1.
the recognition of regulations pursuant to § 8 (3) sentence 3, point 2 (b), their announcement according to § 8 (3) sentence 4 and the notice under Annex 1 (10), second sentence,
2.
the receipt of evidence pursuant to § 13,
3.
the publication of an electronic database and, if the database is not operated by a certificate authority or any other legal entity or a natural person , the operation of this database in accordance with Section 17 (2) (2),
4.
the announcement according to § 21, paragraph 1, sentence 2,
5.
the exhibition of sustainability certificates in accordance with § 24,
6.
the recognition and supervision of Certification systems according to Part 3, Section 4, and in accordance with § 60,
7.
The recognition and supervision of certification bodies in accordance with Part 3, Section 5, Subsection 1 to 3 and § 60,
8.
the receipt of advertisements and statements in accordance with § 59 (4),
9.
Running the Central Information Register after Part 4,
10.
obtaining information in accordance with § 70,
11.
the reports according to § 71,
12.
the transmission of data in accordance with § 73,
13.
the publication of patterns and forms according to § 76, paragraph 2, and
14.
the implementation of this regulation Moreover, with the exception of § 4, paragraph 4, sentence 1, version 2.
(2) The Federal Ministry of Food and Agriculture is responsible for 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. Non-official table of contents

§ 75 Procedure before the competent authority

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

§ 76 Sample and forms

(1) Without prejudice to § 18 (2) and § 24 (1) sentence 5, the following shall also apply to the following: Use form and pattern documents:
1.
the certificates according to § 26,
2.
the reports and messages according to § § 52 and 53 as well as
3.
the certificates according to § 58 number 1 The
authority shall publish the forms and samples as well as the record format of an electronic data transfer in the Federal Gazette as well as on its website. 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. . Non-official table of contents

§ 77 External Transport

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 are the responsibility of the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety. 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 transfer.

Part 6
Transial and Final Provisions

unofficial table of contents

§ 78 Transitional determination

This regulation is not applicable to liquid biomass that is prior to the 1. It will be used for power generation in January 2011. Non-official table of contents

§ 79 Entry into force

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

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

(Fundstelle: BGBl. I 2009, 2192-2194;
of the individual amendments, cf. Footnote)
1.
The greenhouse gas emissions during manufacture, delivery and the use of liquid fuels (liquid biomass and fossil fuels) shall be calculated as follows
E= eec + el + ep + etd + eu-esca-eccs-eccr-eee
are:
E= Total emissions when using the liquid fuel,
eec= Emissions in the extraction of raw materials, in particular in the cultivation and harvesting of biomass from which the liquid biomass is produced,
el =Year-on-year emissions due to carbon inventory changes due to land use changes,
ep =emissions during processing,
etd= Emissions in delivery,
eu=Emissions from the use of the liquid Fuel,
esca=Emissions savings due to the accumulation of carbon in the soil as a result of Better agricultural management practices,
eccs=Emission savings through capture and geological storage of carbon dioxide,
eccr=emission savings through deposition and Replacement of carbon dioxide,
eee=Emissions savings from excess electricity Cogeneration
Theassociated with the production of the equipment and equipment are not taken into account.
2.
The emissions of the plants and equipment are not taken into account. Fuel-induced greenhouse gas emissions (E) are expressed in grams of carbon dioxide equivalent per megajoule of liquid fuel (g CO2eq/MJ).
3.
(not ).
4.
The savings in greenhouse gas emissions achieved through the use of liquid biomass are calculated as follows:
SAVE= (EF-EB) /EF
:
EB =Total emissions when using liquid biomass,
EF =Total emissions comparison value for fossil fuels.
5.
The for those in number 1 Greenhouse gases are carbon dioxide (CO2), nitrous oxide (N2O) and methane (CH4). In order to calculate the CO2 equivalence, these gases are weighted as follows:
CO2:1 
N2O:296
CH4: 23
6.
The emissions from the extraction or cultivation of biomass (eec) include the emissions of the profit or cultivation process itself, the collection of raw materials, waste and leaks, and the production of the chemicals used for extraction or cultivation. The carbon dioxide binding in the cultivation of biomass is not taken into account. As an alternative to the actual values, estimates can be derived from the averages calculated for smaller than the geographical areas used in the calculation of the default values for the cultivation of emissions. .
7.
The annual emissions of carbon stock changes due to changes in land use (el) are achieved through a uniform distribution of the Total emissions over 20 years calculated. These emissions are calculated as follows:
el=(CSR-CSA) x 3 664 x 1/20 x 1/P- eB
el=converted to the year Greenhouse gas emissions from carbon stock changes due to changes in land use (measured as mass of carbon dioxide equivalent per unit of energy of liquid biomass)
CSR =the carbon stock associated with the reference surface per unit area (measured as the mass of carbon per unit area, including soil and vegetation). Land use of the reference areas is land use at the reference time or 20 years prior to the extraction of the raw material, depending on which time is later,
CSA =the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area including soil and vegetation). If the carbon stock accumulates more than one year, the CSA value of the estimated carbon stock per unit area is considered to be 20 years or at the time of maturity of the plants, whichever is the earlier. is,
P=the plant productivity (measured as the energy of the liquid biomass per unit area per unit area) Year) and
eB=Bonus of 29 g CO2eq/MJ of liquid biomass if the biomass according to the number 8
8.
The bonus of 29 g CO2eq/MJ will be granted if proof is provided that the bonus is
a)
is not used for agricultural purposes or for any other purpose at the reference time And
b)
falls under one of the following two categories:
aa)
heavily degraded areas including earlier agricultural areas or
bb)
strong polluted areas.
bonus of 29 g CO2eq/MJ shall apply for a period of up to 10 years from the date of the conversion of the area into an agricultural area, provided that a continuous increase of carbon stocks and a significant decrease in erosion on land as defined in the first sentence of point (b) of the double letter (aa), and the soil pollution on land shall be reduced by double letter bb.
9.
The categories referred to in point 8, set 1, point (b) are defined as follows:
a)
Heavily Degraded Surfaces are surfaces,
aa)
which have been lost during a longer period or
bb)
very few organic substances
and which are strongly eroded, and
b)
heavily polluted areas are surfaces that are unsuitable for the cultivation of land due to soil pollution. as
referred to in point 8, first sentence, point (b), all the areas covered by a decision of the Commission of the European Communities on the basis of the fourth subparagraph of Article 18 (4) of the Directive shall also apply. 2009 /28/EC as severely damaged or heavily polluted areas.
10.
As soon as the Commission of the European Communities is based on Annex V Whereas Part C (10), first sentence, of Directive 2009 /28/EC has drawn up guidelines for the calculation of the soil carbon stock, they shall be based on the calculation of the soil carbon stock in accordance with this Appendix; The competent authority is aware of the content of these guidelines in the Federal Gazette.
11.
The emissions in processing (ep) exclude emissions from the processing itself, from waste and leaks as well as in the manufacture of the chemicals or other products used for processing. In taking into account the consumption of electricity not produced in the liquid fuel production plant, it is assumed that the greenhouse gas emission intensity in the production and distribution of this electricity is the average. Emission intensity in the production and distribution of electricity in a given region. By way of derogation from the second sentence, the producers may use an average value for the electricity produced by a single power generation plant, provided that this system is not connected to the power grid.
12.
The emissions during delivery (etd) include those in the transport and storage of raw materials and semi-finished products, as well as in the storage and distribution of Production of finished products. The first sentence shall not apply to emissions from transport and distribution, which shall be taken into account in accordance with point 6.
13.
Emissions in the use of liquid fuel (eu) shall be set at zero for liquid biomass.
14.
The emission savings through the deposition and geological storage of carbon dioxide (eccs), which are not yet in They shall be limited to emissions which have been avoided by the capture and sequestration of emitted carbon dioxide and which are directly related to the extraction, transport, processing and distribution of the liquid Fuel is connected.
15.
The emission savings from carbon capture and replacement (eccr) are limited to the carbon capture of carbon dioxide (eccr) by the capture of carbon dioxide (CZR). Carbon dioxide emissions from which the carbon comes from biomass and is used instead of fossil-fuel carbon dioxide for industrial products and services.
16.
The emission savings from excess electricity from combined heat and power (eee) is taken into account in relation to the electricity surplus, which is Fuel production systems with combined heat and power are produced, except in cases where other by-products are used as fuel as crop residues. In order to take account of this excess electricity, it is assumed that the size of the combined heat and power (CHP) plant corresponds to the minimum 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 as the cogeneration plant.
17.
In the case of a process for the production of liquid fuels, in addition to the fuel for which the emissions are calculated, other products shall be: (by-products), the resulting greenhouse gas emissions shall be divided between the liquid fuel or its intermediate product and the by-products, in accordance with their energy content. The energy content shall be determined in the case of other by-products as electricity by the lower calorific value.
18.
For the purposes of the calculation referred to in point 17, the Emissions eec + el, + the shares of ep, etd and eee, which are incurred up to and including the procedural step in which a secondary product is produced. Where emissions have been assigned to by-products in an earlier stage of the process, the fraction of these emissions shall be used for this purpose instead of the total emissions, which shall be allocated to the intermediate product in the last procedural step. In the case of 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, as well as Production residues including crude glycerol (unrefined glycerine) shall be fixed at zero until such materials are collected. In the case of liquid fuels produced 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 the production of electricity, it is necessary for the purposes of the calculation referred to in point 4 of the Reference value for fossil fuels EF 91 g CO2eq/MJ.In the case of liquid biomass used for power generation in combined heat and power generation, the reference value for fossil fuels EF 85 g shall be used for the purposes of the calculation referred to in point 4. CO2eq/MJ.
unofficial table of contents

Appendix 2 (to § 8 paragraph 4)
default values for calculating the greenhouse gas mitigation potential

(Fundstelle: BGBl. I 2009, 2195-2198;
of the individual amendments, cf. Footnote)
1.
Default values for liquid biomass
a)
Part defaults for cultivation (eec as defined in Appendix 1): manufacturing path of liquid biomass standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from sugar beet 12
bb) Ethanol from Wheat 23
cc) Ethanol from maize, in a Member State of the European Union produced 20
dd) Ethanol from sugar cane 14
ee) Biodiesel from rapeseed 29
ff) Biodiesel from Sunflowers 18
gg) Biodiesel from soya beans 19
hh) Biodiesel from Palmöl 14
ii) Biodiesel from vegetable or animal waste oil with the exception of animal oils from animal by by means of by-products laid down in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 June 2002 on the October 2002 laying down the health rules for animal by-products not intended for human consumption (OJ L 327, 30.12.2002, p. 1) to be classified as Category 3 material





jj) hydrogenated rapeseed oil 30
kk) hydrated sunflower oil 18
ll) hydrated palm oil 15
mm) pure rapeseed oil 30
nn) (omitted)
oo) (omitted)
b)
Substandard values for processing including power surplus (ep-eee as defined in Appendix 1): Liquid biomass standard drive manufacturing path-
domestic gas emissions
(g CO2eq/MJ)
c)
Substandard values for delivery (etd as defined in Appendix 1):
aa) Ethanol from sugar beet 26
bb) Ethanol from wheat (process fuel not specified) 45
cc) Ethanol from wheat (lignite as process fuel in cogeneration plant) 45
dd) Ethanol from wheat (natural gas as process fuel in conventional plant) 30
ee) Ethanol from wheat (natural gas as process fuel in KWK-Anlage) 19
ff) Ethanol from wheat (straw as process fuel in CHP plant) 1
gg) ethanol made from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)
21
hh) ethanol from sugar cane 1
ii) Biodiesel from rapeseed 22
jj) Biodiesel from Sunflowers 22
kk) Biodiesel from soya beans 26
ll) Biodiesel from Palmöl (process fuel not specified) 49
mm) Biodiesel from Palmöl (processing with methane binding at the oil mill) 18
nn) Biodiesel from herbal or animal waste oil 13
oo) hydrogenated rapeseed oil 13
pp) hydrated sunflower oil 13
qq) Hydrogenated Palm Oil (process not specified) 42
rr) Hydrogenated Palm Oil (processing with methane binding at the oil mill) 9
ss) Pure Rapsöl 5
tt) (omitted)
uu) (omitted) 
Liquid biomass standard drive manufacturing path-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from sugar beet 2
bb) Ethanol from Wheat 2
cc) Ethanol from corn, made in a Member State of the European Union 2
dd) Ethanol from sugar cane 9
ee) Biodiesel from rapeseed 1
ff) Biodiesel Sunflowers 1
gg) Biodiesel from soya beans 13
hh) Biodiesel from Palmöl 5
ii) Biodiesel from herbal or animal waste oil 1
jj) hydrogenated rapeseed oil 1
kk) hydrated sunflower oil 1
ll) hydrated palm oil 5
mm) pure rapeseed oil 1
nn) (omitted)
oo) (omitted)
d)
Overall default production and delivery values: Liquid biomass standard drive manufacturing path-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from sugar beet 40
bb) Ethanol from wheat (process fuel not specified) 70
cc) Ethanol from wheat (lignite as process fuel in cogeneration plant) 70
dd) Ethanol from wheat (natural gas as process fuel in conventional plant) 55
ee) Ethanol from wheat (natural gas as process fuel in KWK-Anlage) 44
ff) Ethanol from wheat (straw as process fuel in CHP plant) 26
gg) ethanol made from maize, produced in a Member State of the European Union (natural gas as a process fuel in cogeneration plant)
43
hh) ethanol from sugar cane 24
ii) Biodiesel from rapeseed 52
jj) Biodiesel from Sunflowers 41
kk) Biodiesel from soya beans 58
ll) Biodiesel from Palmöl (process fuel not specified) 68
mm) Biodiesel from Palmöl (processing with methane binding at the oil mill) 37
nn) Biodiesel from herbal or animal waste oil 14
oo) hydrogenated rapeseed oil 44
pp) hydrated sunflower oil 32
qq) Hydrogenated Palm Oil (process not specified) 62
rr) Hydrogenated Palm Oil (processing with methane binding at the oil mill) 29
ss) Pure Rapsöl 36
tt) (omitted)
uu) (omitted) 
2.
Estimated default values for future liquid biomass that are not available at the reference time, or only in negligible quantities on the market was
a)
Substandard values for cultivation (eec as defined in Appendix 1): manufacturing path of liquid biomass standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 3
bb) Ethanol from wood 1
cc) Ethanol from Kulturholz 6
dd) Fischer-Tropsch-Diesel from waste wood 1
ee) Fischer-Tropsch-Diesel from Kulturholz 4
ff) Dimethylether (DME) from waste wood 1
gg) DME from Kulturholz 5
hh) methanol from waste wood 1
ii) methanol from culture wood5
b)
Part defaults for the processing, including Surplus of electricity (ep-eee according to Appendix 1):The production route of the liquid Biomass Standard Driving-
HouseGas Emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 7
bb) Ethanol from wood 17
cc) Fischer-Tropsch-Diesel from wood 0
dd) DME out of wood 0
ee) methanol from wood 0
c)
Substandard values for delivery (etd as defined in Appendix 1): Production path of liquid biomass standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 2
bb) Ethanol from waste wood 4
cc) Ethanol from Kulturholz 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 Kulturholz2
d)
Total production and delivery defaults: manufacturing path of liquid biomass standard driving-
domestic gas emissions
(g CO2eq/MJ)
aa) Ethanol from Weizenstroh 13
bb) Ethanol from waste wood 22
cc) Ethanol from Kulturholz 25
dd) Fischer-Tropsch-Diesel from waste wood 4
ee) Fischer-Tropsch-Diesel from Kulturholz 6
ff) DME from waste wood 5
gg) DME from Kulturholz 7
hh) methanol from waste wood 5
ii) methanol from culture wood7


3.
(omitted)
unofficial table of contents

Appendix 3 (to § 18 paragraph 2)
A model of sustainability proof

(Fundstelle: BGBl. I 2009, 2199)
PDF document is displayed in your own window Non-official table of contents

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

(Fundstelle: BGBl. I 2009, 2201)
PDF document is displayed in your own window Non-official table of contents

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

(Fundstelle: BGBl. I 2009, 2201-2202;
of the individual amendments, cf. Footnote)
1.
Certification systems contain at least regulations
a)
as to the requirements of § § 4 to 8 for the production and delivery of the liquid Biomass, taking into account a mass balance system in accordance with § 16, shall be determined, implemented and controlled at the interfaces, the cultivating and other establishments and the suppliers;
b)
what are the requirements of the interfaces, including all the holdings directly or indirectly involved in the production or delivery of the biomass, which are not self-contained interface, must be in compliance with a certificate, in particular
aa)
which Documents must be submitted to the certification body for proof that they comply with the requirements of § § § 4 to 8,
bb)
which content and scope are the Documentation in accordance with § 26 (1) (4) must have, how the risk of erroneous documentation is evaluated in the steps "high", "medium" and "low" and how the interfaces and other establishments are obligated independently of § 39 paragraph 3 , to treat the documentation confidentially and not to make it accessible to third parties,
cc)
which data for the calculation of the greenhouse gas mitigation potential according to § 8 need to be measured and how exactly this data must be,
dd)
as in the case where a certificate authority determines that an operation or an interface the requirements laid down in this Regulation shall not or no longer be met, shall ensure that the establishment or the interface is sanctioned by appropriate measures; in particular, the information shall be provided as an appropriate sanction Certification bodies and interfaces for which this information is essential, and
ee)
which process interfaces according to § 15 (3) to the To apply sustainability certificates
c)
which requirements are met by the certification bodies responsible for checking the requirements of this certification systems, and in particular
aa)
as they are the fulfillment of the Requirements according to § 43 (1) (2) must be proven,
bb)
which method they must apply to issue certificates, and
cc)
like the interfaces, the plants in which the biomass is grown or harvested, and the suppliers according to § § 49 to 51
d)
what more transparency and prevention measures are provided for and against abuse and fraud;
e)
that the certification bodies commit themselves in writing,
aa)
to meet the requirements of this certification system,
bb)
the controls and measures according to § 55 to tolerate and
cc)
for all the places where they carry out activities under this Regulation and which are not within the scope of this Regulation, the competent authority (
)
that the interfaces that meet the requirements of this the certification system, including all establishments directly or indirectly involved in the production or supply of the liquid biomass, which are not themselves an interface, undertake in writing,
aa)
the requirements of this certification system and the requirements of § 26 paragraph 1 ,
bb)
to tolerate the control in accordance with § § 49 and 50 and
cc)
for all locations, which 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 assist the certification body in accordance with § § 49 and 50
g)
to which countries or states the requirements referred to in points (a) to (f) are related.
2.
Certification systems must ensure that compliance with the requirements of this Regulation does not impose a disproportionate cost on small-scale farms, Producer organisations and cooperatives. For this purpose, in justified cases, they may differ from the requirements set out in Part 4 of this Regulation.
3.
Certification systems may provide for regulations on the Use of an electronic database for the verification of compliance with the requirements according to § § 16 and 17.
4.
The Federal Ministry for the Environment, Conservation, construction and reactor safety may, in agreement with the Federal Ministry of Food and Agriculture, determine the requirements set out in points 1 to 3 in more detail by means of a reference system and, as an administrative provision, in the Federal Gazette make known. 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.