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Regulation on the collection of data on 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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Regulation on the collection of data on the establishment of the national allocation plan for the allocation period 2008 to 2012 (data collection regulation 2012-DEV 2012)

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DEV 2012

Date of completion: 11.07.2006

Full quote:

" Data Collection Ordinance 2012 of 11 July 2006 (BGBl. 1572), as last amended by Article 2 (20) of the Law of 22 December 2011 (BGBl I). I p. 3044)

Status: Last amended by Art. 2 Abs. 20 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 20.7.2006 + + +) Unofficial table of contents

Input formula

Due to § 8 (4) of the greenhouse gas emissions trading law of 8 July 2004 (BGBl. I p. 1578), the Federal Government decrees:

Section 1
General provisions

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§ 1 Scope and purpose

(1) This Regulation shall apply within the scope of the Greenhouse Gas Emissions Trading Act. It is intended to draw up the national allocation plan and prepare the allocation decisions for the allocation period 2008 to 2012. (2) Excluded from the scope of this Regulation are activities listed in Annex 1 (1) (2). XIII of the greenhouse gas emission trading law of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 1163), to the extent that the installations for the production of ceramic products have a production capacity of less than 75 tonnes per day. Unofficial table of contents

§ 2 Definitions

(1) Unless otherwise specified, the definitions of the greenhouse gas emission trading act, the allocation act 2007 and the allocation regulation 2007 shall apply. (2) For the purposes of this Regulation,
1.
competent authority: the Federal Environment Agency,
2.
Data communication: notification by the operator of the data to be supplied pursuant to this Regulation;
3.
Total fuel energy: sum of the fuel quantities supplied multiplied by their respective lower calorific values.

Section 2
Reporting obligations

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§ 3 indication of emission data

(1) The operator shall identify and indicate the carbon dioxide emissions caused by his activity in the calendar years 2003 and 2004 in accordance with the provisions of this Regulation. (2) Insofar as in the cases of Section 7 (3) to (6) of the Allotment Act 2007, the calendar year 2003 was already part of the base period for the allocation decision, the obligation under paragraph 1 applies only for the calendar year 2004. (3) Insofar as an allocation for the 2005 to 2007 allocation period is on the Article 7 (12) of the Dispatch Act 2007 was based on the obligation under paragraph 1 in addition to the carbon dioxide emissions caused in the calendar years 2000 to 2002. For installations which have been put into service in the period from 1 January 2000 to 31 December 2000, the obligation set out in the first sentence shall apply from the calendar year 2001 onwards. In the event of a start-up after 31 December 2000, the obligation set out in the first sentence shall apply from the date of entry into service; for the year of entry into service, the total emissions shall be offset in accordance with the conditions laid down in Annex 8 of the 2007 allocation regulation. . The rates 2 and 3 shall apply in the case of capacity extensions and reductions in capacity. Unofficial table of contents

§ 4 Additional information on redirects of dome gases

For installations which transfer the coupling gases to other installations, the coupling gases forwarded in the calendar years 2003 and 2004 shall be indicated and the receiving installations shall be indicated. To the extent that an allocation for the 2005 to 2007 allocation period took place on the basis of Section 7 (12) of the Allocation Act 2007, the obligation from the first sentence shall apply in addition to the calendar years 2000 to 2002. Unofficial table of contents

§ 5 Additional information for plants with combined heat and power

Operators of combined heat and power plants within the meaning of § 3 (2) of the Kraft-Heat-Coupling Act of 19 March 2002 (BGBl. 1092), as last amended by Article 3 of the Law of 22 September 2005 (BGBl I). 2826), for the calendar years 2002 to 2005, the following production-related data shall also be disclosed:
1.
Net electricity generation in combined heat and power production per year,
2.
Net heat generation in combined heat and power plants per year,
3.
mechanical work provided in cogeneration per year,
4.
Net electricity production per year,
5.
Net heat production per year,
6.
mechanical work provided per year,
7.
Degree of utilization of the combined heat and power coupling process,
8.
Total fuel energy.
For the terms used in points 1 to 7, the definitions in the worksheet FW 308-certification of CHP plants-the working group for heat and heating power industry are the terms and conditions of the working group. (BAnz. No 218a of 22 November 2002). The basics and calculation methods shown in the worksheet FW 308 are to be used. If the potential for use of the combined heat and power (CHP) process has been taken into account in the determination of the indication of point 1, this shall be indicated in place of the indication of point 7. Unofficial table of contents

Section 6 Additional information in the case of condensation power plants on a coal or lignite basis

(1) For the first time before 1 January 1978, the year of initial operation, net electricity generation and total fuel energy in the calendar year 2005, for coal-or lignite-based condensing plants, which were put into service for the first time before 1 January 1978, (2) The obligation referred to in paragraph 1 shall also be subject to power plants which decouple useful heat, provided that the share of combined heat and power generation in combined heat and power generation in the calendar year 2005 is less than 10% of total fuel energy. (3) In so far as the power plant consists of a joint installation consisting of several sub-systems which are otherwise in need of self-approval, paragraphs 1 and 2 shall apply separately for each of the parts of the plant. Unofficial table of contents

§ 7 General requirements for the identification and specification of data

(1) Where the provisions of this Regulation do not contain derogations, the data and information to be provided in the data communication shall be adopted by the Commission in accordance with Commission Decision 2004 /156/EC of 29 January 2004 laying down the Guidelines for monitoring and reporting on greenhouse gas emissions in accordance with Directive 2003 /87/EC of the European Parliament and of the Council (OJ L 136, 31.3.2003, p EU No L 59 p. 1, No L 177 p. 4). In so far as the requirements set out in the first sentence cannot be met, the data shall be determined and reported with the highest attainable degree of accuracy and completeness in the individual case; in this case, the operator shall indicate on which point the data shall be: (2) As far as the data in the data communication requires the execution of calculations, the calculation method used should be explained and the derivation of the information in a comprehensible way. Until the end of the 2013 to 2017 allocation period, the operator is obliged to present the individual evidence on the basis of the information without delay, at the request of the competent authority. (3) For installations with carbon dioxide emissions of less than 25,000 tonnes in the calendar year 2005, the requirements set out in paragraphs 1 and 2 shall apply with the following measures:
1.
For the determination of activity data and substance-specific parameters, the achievable degree of accuracy is authoritative according to the lowest level combination.
2.
Information on uncertainties in the determination of activity data may be provided on the basis of information from the manufacturer of measuring equipment; a specific consideration of the uncertainties associated with the use of the measuring equipment may be provided. .
3.
Activity data for fuels and materials can be specified without further consideration of uncertainties on the basis of invoice data or a conservative estimate of the change in the inventory.
4.
If fuels and materials of the same type, composition and origin are used on a regular basis and no supplier information is available on the substance-specific parameters, the following can be found in the context of the emission reporting according to § 5 of the Greenhouse gas emission trading law for the calendar year 2005 used for the substance-specific parameters used.
For the purposes of determining the amount of emissions referred to in the first sentence in the calendar year 2005, the entry in the verified emissions table referred to in Article 24 (1) of Commission Regulation (EC) No 2216/2004 of 21 December 2004 on a standardised and a secure registration system in accordance with Directive 2003 /87/EC and Decision 280 /2004/EC of the European Parliament and of the Council (OJ L 280, 25.7.2003, p. EU No L 386 p. 1). Unofficial table of contents

Section 8 General rules for the determination of carbon dioxide emissions

With regard to the general rules for the determination of carbon dioxide emissions, § § 4 to 9 of the Allocation Ordinance 2007 shall apply accordingly. § 4 (3) sentence 2, § 5 para. 2, § 7 para. 3, § 8 sentence 1 and § 9 para. 4 of the allocation regulation 2007 shall apply in each case, with the proviso that reference is made not to the allocation request but to the data communication. Section 7 (2) and section 9 (3) of the allocation regulation 2007 do not apply.

Section 3
Data collection procedure

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§ 9 Electronic form templates

The competent authority may require the operator to use the electronic form templates provided on its website and to transmit the form templates filled out by the operator in electronic form. . They are notified in good time in the Federal Gazette after sentence 1. Unofficial table of contents

§ 10 Verification of data communication

(1) The data in the data communication must have been verified by an expert body which, according to § 10 (1) of the greenhouse gas emission trading law of 8 July 2004 (BGBl. I p. 1578), most recently by Article 9 of the Law of 11 August 2010 (BGBl. 2) The experts have to verify the accuracy of the information in the context of the verification of the data communication. Section 14 (3) to (6) of the allocation regulation 2007 shall apply in each case with the proviso that reference is made not to the allocation application but to the data communication. (3) The competent authority may apply standards for the performance of the obligations laid down in paragraph 2 Determine the verification of information and requirements for the content and structure of the audit report. It is aware of these requirements in the Federal Gazette. The competent authority shall be obliged to disclose in the test report any deviations from the notified requirements. (4) In the case of verification of the data communications of installations with carbon dioxide emissions of less than 25 000 tonnes in the Calendar year 2005 the competent authority may waive the on-site inspection of the site. In order to determine the amount of emissions, Section 7 (3) sentence 2 shall apply accordingly. Unofficial table of contents

§ 11 Delivery period

The operator is obliged to make the data corresponding to the requirements of this Regulation up to 6. It shall be sent to the competent authority in October 2006. Unofficial table of contents

§ 12 Entry into force

This Regulation shall enter into force on the day following the date of delivery.