Regulation On The Collection Of Data For The Establishment Of The National Allocation Plan For The Allocation Period 2008 To 2012

Original Language Title: Verordnung über die Erhebung von Daten zur Aufstellung des nationalen Zuteilungsplans für die Zuteilungsperiode 2008 bis 2012

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Read the untranslated law here: http://www.gesetze-im-internet.de/dev_2012/BJNR157200006.html

Regulation on the collection of data for the establishment of the national allocation plan for the allocation period 2008 to 2012 (data collection regulation 2012 - DEV 2012) DEV 2012 copy date: 11.07.2006 full quotation: "data collection regulation 2012 from July 11, 2006 (BGBl. I S. 1572), most recently by article 2 paragraph 20 of the law of December 22, 2011 (BGBl. I S. 3044) is changed" stand: last amended by article 2 paragraph 20 G v. 22nd December 2011 3044 for details on the stand number you find in the menu see remarks footnote (+++ text detection) off: 20.7.2006 +++) input formula on the basis of § 8 para 4 of the greenhouse gas emission trading law of 8 July 2004 (Federal Law Gazette I p. 1578) ordered the Federal Government: section 1 General provisions section 1 scope and purpose (1) this Regulation shall apply within the scope of application of the greenhouse gas emissions trading act. Is the establishment of the national allocation plan and excluded activities are the preparation of allocation decisions for the allocation period 2008 to 2012 (2) from the scope of application of this regulation 1 No. XIII of the greenhouse gas emission trading law of 8 July 2004 pursuant to annex (BGBl. I S. 1578), most recently by article 9 of the law of August 11, 2010 (Gazette I p. 1163) is been changed as far as the equipment for the firing of ceramic products have a production capacity of less than 75 tonnes per day.

§ 2 the definitions of the greenhouse gas emissions trading act shall apply definitions (1) unless otherwise provided, allocation Act 2007 and the allocation regulation 2007 (2) within the meaning of this regulation is 1. competent authority: the Federal Environmental Agency, 2. data communication: communication from the operator that data to be under this regulation, 3. total fuel energy: sum of the supplied fuel quantities multiplied by their respective lower caloric.
Section 2 reporting requirements article 3 emission information (1) the operator has to determine the carbon dioxide emissions caused by its occupation during the calendar years 2003 and 2004 in accordance with the provisions of this regulation and to specify.
(2) as far as in the cases of § 7 paragraph 3 to 6 of allocation Act 2007 calendar year 2003 was already part of the base period for the allocation decision, apply the obligation referred to in paragraph 1 only for the calendar year 2004 (3) an allocation for the allocation period was 2005-2007 on the basis of § 7 para 12 of the allotment Act of 2007, is the obligation referred to in paragraph 1 in addition to the carbon dioxide emissions in the calendar years 2000 to 2002. For plants whose commissioning took place in the period from January 1, 2000 to December 31, 2000, the obligation pursuant to sentence 1 from the calendar year 2001. During an operation after December 31, 2000 the obligation pursuant to sentence 1 from the date of commissioning; an extrapolation of total emissions is to specify the allocation regulation 2007 for the year of operation in accordance with Annex 8. Sentences 2 and 3 shall apply mutatis mutandis in capacity expansions and reductions in capacity.

Additional information redirect dome gas for plants which forward dome gases to other plants, are § 4 to specify the dome gases forwarded during the calendar years 2003, 2004 and the host plants. As far as an allocation for the allocation period 2005-2007 on the basis of § 7 para 12 of the allocation Act 2007 was, the obligation under clause 1 is in addition for the calendar years 2000 to 2002.

§ 5 additional specifications for systems with combined heat and power operators of power heat cogeneration plants within the meaning of § 3 par. 2 of the force heat coupling law of March 19, 2002 (Federal Law Gazette I p. 1092), last amended by article 3 of the Act of September 22, 2005 (BGBl. I p. 2826), following additional production-related data have for the calendar years 2002 to 2005 to specify: 1 net electricity generation in combined heat and power per year, 2 net heat generation in combined heat and power per year , mechanical work provided 3 in combined heat and power per year, 4. NET power generation per year, 5 net heat production per year, 6 provided mechanical work per year, 7 efficiency of the power-heat-coupling process, 8 total fuel energy.
For the terms used in paragraphs 1 to 7 are the definitions in the FW 308 - certification of CHP - the Association for heat and heating power industry association (BAnz. No. 218a of 22 November 2002) instrumental. The principles illustrated in the worksheet FW 308 and calculation methods are to use. Provided that in determining the indication, the potential degree of power-heat cogeneration process approach was taken to number 1, this is to place the information on number 7 to specify.

Additional information at condensing power plants on coal or lignite basis (1) for condensation power stations coal or lignite based, admitted for the first time before 1 January 1978 in operation, section 6 are in the calendar year 2005 to specify the year of commissioning, the net electricity production and the total fuel energy.
(2) referred to in paragraph 1 also such power plants, which couple out heat as long as its share of the net heat production amounted to 2005 less than 10 percent of the total fuel energy in cogeneration in the calendar year subject to. Section 5, sentence 2 shall apply accordingly.
(3) unless the plant as a joint facility consists of multiple, independently otherwise licensable lines, paragraphs 1 and 2 for each line apply separately.

§ 7 General requirements to the investigation and disclosure of information (1) insofar as the provisions of this Regulation contain no derogations, are the data to be the communication of data and information in accordance with decision 2004/156/EC of 29 January 2004 establishing guidelines for monitoring and reporting on greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ EU no. L 59 S. 1, no. L 177, p. 4) to determine and specify. As far as the requirements cannot be met pursuant to sentence 1, are to identify the data with the highest in individual cases to reach degree of accuracy and completeness and to specify; the operator has to present in this case, on what basis, the figures are and what level of accuracy has been achieved in this respect.
(2) where the information in the data communication require calculations, is to explain the calculation method used and to represent the derivative of information comprehensible. The operator is required up to the end of the allocation period 2013 to 2017 immediately to present the notes underlying the information on request by the competent authority.
(3) in 2005 the requirements of paragraphs 1 and 2 with the following stipulations apply plants with carbon dioxide emissions of less than 25,000 tonnes in a calendar year: 1. for the determination of activity data and material-specific parameters is governed by the achievable degree of accuracy according to the lowest levels combined.
2. information on uncertainties in the determination of activity data can be carried out on the basis of information from the manufacturer of measuring equipment; a specific consideration of the uncertainties associated with the use of the measuring devices can be omitted.
3. activity data can be specified for fuels and materials without further consideration of uncertainties on the basis of a conservative estimate of the change in inventory or invoice data.
4. If regular fuels and materials of the same type, composition and origin are used, and supplier data on substance-specific parameters are not available, they can be used on 2005 used material-specific parameters in the context of emission reporting according to § 5 of the greenhouse gas emissions trading act for the calendar year.
For the determination of the quantity of emissions referred to in sentence 1 in the calendar year 2005, the entry in the table of the verified emissions is no 2216 / 2004 of 21 December 2004 on a standardized and secure registry system in accordance with Directive 2003/87/EC and decision 280/2004/EC of the European Parliament and of the Council (OJ referred to in article 24 paragraph 1 of Regulation (EC) EU no. L 386, p. 1) significantly.

§ 8 General rules for determining the carbon dioxide emissions with regard to the General rules for determining the carbon dioxide emissions shall apply the sections 4 to 9 of the allocation regulation 2007. This apply section 4 paragraph 3 sentence 2, § 5 para 2, § 7 para 3, § 8 sentence 1 and § 9 para 4 of the allocation regulation 2007 respectively with the proviso that reference is made not to the allocation request, but on data communication. Section 7 para 2 and § 9 para 3 of the 2007 allocation regulation do not apply.
Section 3 article 9 data collection procedures electronic form templates that competent authority may that the operator has to use the electronic form templates provided on its Internet site and the form templates in electronic form filled in by the operator to transmit are require. She are known in time arrangements pursuant to sentence 1 in the Federal Gazette.

Article 10 verification of the data communication
(1) the information contained in the data message must be been verified by an expert body, which according to § 10 para 1 of the greenhouse gas emission trading law of 8 July 2004 (BGBl. I S. 1578), most recently by article 9 of the law of August 11, 2010 (Federal Law Gazette I p. 1163) has been modified, is entitled to verification of information contained in applications for allocation.
(2) the expert has in the context of the verification of the data communication to verify the information on their correctness. § 14 para 3 to 6 of the 2007 allocation regulation applies provided that reference is made not to the allocation request, but on data communication.
(3) the competent authority can set standards for the verification of information, as well as requirements for the content and structure of the report to comply with the obligations referred to in paragraph 2. She announce these requirements in the Federal Gazette. The competent authority is obliged to disclose deviations from the requirements given in the test report.
(4) in the verification of the data releases of plants with carbon dioxide emissions of less than 25 000 tonnes in the year 2005, the expert body can forgo a visit to the facility on site. Section 7, paragraph 3, sentence 2 shall apply accordingly for the determination of the quantity of emissions.

§ 11 delivery period of the operator is obliged to transmit the data message corresponding to the requirements of this regulation until October 6, 2006, to the competent authority.

Article 12 entry into force this regulation enter into force on the day after the announcement.