Act On Energy Services And Other Energy Efficiency Improvement Measures

Original Language Title: Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen

Read the untranslated law here: http://www.gesetze-im-internet.de/edl-g/BJNR148310010.html

Act on energy services and other energy efficiency improvement measures (EDL-G) EDL-G copy date: 04.11.2010 full quotation: "law on energy services and other energy efficiency improvement measures from 4 November 2010 (BGBl. I p. 1483), by article 1 of the law of April 15, 2015 (BGBl. I p. 578) is changed" stand: amended by art. 1 G v. 15.4.2015 I 578 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 12.11.2010 +++) the G was adopted as article 1 of the G v. assembled I 1483 by the Bundestag. It entered into force article 6 of this G on the 12.11.2010 according.

§ 1 scope this law shall application on 1 provider of energy services, energy efficiency measures and energy companies, 2 end customers with the exception of operators according to § 3 number 2 of the greenhouse gas emissions trading act by July 21, 2011 (BGBl. I p. 1475), most recently by article 4 paragraph 28 of the law of 7 August 2013 (Gazette I p. 3154) is been changed in relation to their activities pursuant to annex 1 part 2 to the greenhouse gas emissions trading act , 3. the public authorities, including the armed forces, as far as the application of this law is not the nature and the purpose of the activity of the armed forces, and with the exception of material used exclusively for military purposes is, 4th company, none of the microenterprises, small and medium-sized enterprises within the meaning of recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro-firms and small and medium-sized enterprises (OJ L 124 of 20.5.2003, p. 36) are.

Article 2 definitions for the purposes of this Act are 1 third-party financing: a contractual agreement in which in addition to the energy supplier and the user of an energy efficiency improvement measure a third party is involved, which provides the funding for this measure and charge a fee to the user that corresponds to a part of the energy savings from the energy efficiency improvement measure, where also the energy service provider of third parties;
2. customer: a natural or legal person that purchases energy for his own end use;
3. energy: all standard forms of energy including electricity, natural gas and liquefied petroleum gas, fuel for heating and cooling purposes, including district heating and cooling, stone and brown coal, peat, fuels and biomass in the biomass regulation of 21 June 2001 (Federal Law Gazette I p. 1234), by regulation of 9 August 2005 (BGBl. I S. 2419) is been changed, except aircraft fuel and bunker oil for maritime transport;
4. Audit: a systematic procedure to obtain adequate information about the existing energy consumption profile of a building or a group of buildings, of operation in the industry or an industrial facility or private or public services, to identify and quantify opportunities for economic energy savings and recording the results in a report.
5. energy service provider: a natural or legal person that provides energy services and other energy efficiency improvement measures in facilities or premises of end customers or performing;
6 energy service: activity, which on the basis of a contract is provided typically to verifiable and measurable or estimable energy efficiency improvement or primary energy savings as well as a physical effect, a commercial value or benefits as a result of the combination of energy with energy-efficient technology or measures such as, for example, operating, maintenance and inspection activities;
7. energy efficiency: the ratio of income to performance, service, goods or energy to energy use;
8. energy efficiency measures: all measures that lead to verifiable and the height to measurable or estimable energy efficiency improvement;
9 energy efficiency mechanisms: General instruments for the creation of a framework or incentives for market participants to provision and use of energy services and other energy efficiency improvement measures deployed by public authorities, in particular by the Federal Office for energy efficiency;
10 energy efficiency improvement: the increase in energy end-use efficiency by technical, economic or behavioural changes;
11 energy savings: the saved amount of energy, that is, obtained by measurement or calculation-based estimation of the consumption before and after implementation of one or more energy efficiency improvement measures or changes in behavior with external conditions that affect energy consumption, due to formation of a normal value, to take into account;
12 energy supplier: a natural or legal person that sells energy to final customers and whose turnover is equivalent to the equivalent of 75 GWh energy per year or is about or the 10 or more persons employed or which turnover and annual balance sheet exceeds EUR 2 million;
13 energy companies: energy distributors, distribution system operators and energy suppliers;
14 energy distribution: a natural or legal person who is responsible for transporting energy to supply to consumers and energy suppliers, excluding distribution system operator referred to in paragraph 16;
15 financial instruments for energy savings: all instruments to cover the initial costs for the implementation of energy efficiency measures such as grants, tax incentives, loans, third-party financing, partial or full specially crafted energy performance contracts and other similar contracts, provided on the market;
16. distribution system operators: a natural or legal person who is responsible for the operation, the maintenance, if necessary, to satisfy the expansion of the distribution network for electricity or natural gas in a given area and, where appropriate, the interconnections with other systems and for ensuring the long term ability of the system, reasonable demands for the distribution of electricity or natural gas;
17 energy management system: a system that the meets the requirements of DIN EN ISO 50001, issue December 20111.
18 EMAS Registrar: according to § 32 of the Umweltauditgesetzes as amended by the notice of 4 September 2002 (BGBl. I S. 3490), most recently by article 2 paragraph 43 of the law of 7 August 2013 (Federal Law Gazette I p. 3154) is has been modified in the currently valid version of the entry in the EMAS register of industry and commerce or Chamber of skilled crafts.
1 the standard is published and laid down in the German national library archive terms secured at the Beuth Verlag GmbH, Berlin.

Section 3 energy-saving targets (1) objective of the measures under this Act is to increase the efficiency of energy use by end customers in Germany with energy services and other energy efficiency improvement measures in a cost-effective way. To do this, the Federal Government sets indicative energy savings, to be achieved till May of the year 2017 as energy savings target, as well as a strategy for achieving these goals. The calculation of the benchmark according to annexes I, II and IV of to Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Directive 93/76/EEC of the Council (OJ OJ L 114 of the 27.4.2006, p. 64).
(2) the indicative energy savings should be achieved through economic and reasonable measures. Measures are cost-effective when generally the necessary expenses within the usual period of use can be generated by entering savings. Measures in the stock, the useful life to be expected is taken into account. To achieve the indicative of energy savings should in particular: 1 the necessary energy efficiency mechanisms, incentives and institutional, financial and legal frameworks created and market barriers, the efficient use of energy by end customers are opposed;
2. the conditions for the development and promotion of a market for energy services and for the delivery of other energy efficiency improvement measures are created for the end customer.
(3) the public sector is a role model in improving energy efficiency. This takes public energy services and other energy efficiency improvement measures performs is focusing in particular on the economic measures, which lead to energy savings in a short time. Public will substantially go beyond especially when their construction measures in compliance with the efficiency requirements for energy efficiency in the energy saving regulation in amended. Measures pursuant to sentences 2 and 3, the public must be informed.
(4) the Federal Government sets an energy efficiency action plan within the meaning of article 24 (2) of the directive of 2012/27/EC of the European Parliament and of the Council of 25 October 2012 to energy efficiency, the directive 2009/125/EC and 2010/30/EC and repealing directives 2004/8/EC and 2006/32/EC (OJ the Bundestag until April 30, 2017 and 2020 to the 30th April each L 315 of the 14.11.2012, p. 1), the last by Directive 2013/12/EC (OJ L 141 of the 28.5.2013, p. 28) is been changed before.

§ 4 information and advice to final customers; Authority to issue regulations
(1) energy suppliers teach their customers at least a year in an appropriate manner about the effectiveness of energy efficiency improvement measures and which for them offers available by 1 ESCOs, 2. provider of energy audits, which are independent of the energy companies, and 3. providers are implemented energy efficiency measures with competitive pricing. This information can be in the context of the settlement of energy consumption through reference to the list of providers according to § 7 paragraph 1 sentence 1 or a provider list, which indicates the Federal Office for energy efficiency according to § 7 paragraph 1 sentence 3 and be given the reports according to § 6 paragraph 1.
(2) energy companies provide end customers with contracts, amendments, bills or receipts in clear and understandable form contact information to consumer organisations, energy agencies or similar bodies, including Internet addresses, available, of which you can get information on available energy efficiency improvement measures, end customers comparison profiles, as well as, where appropriate, technical specifications of energy-using equipment.
(3) to inform of the end customer on measures to improve energy efficiency, the Federal Government is empowered to determine what kind of information and advice on energy efficiency are the end customers of the market participants to provide by Decree without the consent of the Federal Council.

§ 5 prohibition of disability or impairment by energy companies will have to refrain from all actions that could demand for energy services and other energy efficiency improvement measures hamper 1, 2. obstruct the provision or operation of energy services and other energy efficiency improvement measures, or the development of markets for energy services and other energy efficiency measures affect 3. energy companies.

§ 6 information of market participants (1) the Federal Office for energy efficiency ensures that the information on energy efficiency mechanisms and that to achieve the indicative of energy savings according to § 3 paragraph 1 set financial and legal frameworks are transparent and comprehensively to market participants brought to the attention. They released this continuously, at least every two years, reports.
(2) the Federal Office for energy efficiency has to provide the following on their website: 1 understandable and easily accessible information on available energy services contracts, 2. model clauses used in such contracts can be.
The Federal Office for energy efficiency assumes no liability for the correctness and completeness of the sample contracts only in cases of intent or gross negligence.

§ 7 supplier list, and energy auditor list; Authority to issue regulations can enter subject to paragraphs 2 and 3 in a publicly-run at the Federal Office for energy efficiency provider list (1) providers of energy services, energy audits and energy efficiency improvement measures. Independent of the energy companies are marked to make. The registration of the offer can be limited to certain countries, counties or county-level cities. The Federal Office for energy efficiency may indicate in addition 1 leading list to the after set comparable purpose and contents lists of qualified vendors.
(2) requirement for an entry referred to in paragraph 1 is that the providers are reliable and knowledgeable. The expertise of a provider is suspected if he has carried out energy services, energy audits and energy efficiency improvement measures in the last three years for at least ten customers. Provider of energy audits must also advise in an independent manner.
(3) persons who meet the conditions according to § 8 (b) carrying out energy audits or, if necessary, according to a regulation adopted pursuant to article 8 d of paragraph 2, can leave one at the Federal Office of Economics and export control register in publicly-run list for energy audits carrying people.
(4) the Federal Government is empowered by Decree without the consent of the Federal Council in addition to paragraphs 2 and 3 are set, to provide 1 what requirements for providers with regard to their reliability, expertise and capability for independent advice, what evidence, the provider must provide 2 to be entered in the provider and energy auditor lists, 3. what charges for registering may be assessed and 4 conditions under which a deletion from the provider and energy auditor list is made.

Article 8 obligation to carry out energy audits; Verpflichtungsbefreiung (1) companies within the meaning of § 1 are number 4 commits, 1 5 December 2015 an energy audit in accordance with the a) Article 8a, paragraph 1, number 1, and section 8 b paragraph 1 sentence 1 and paragraph 2 sentence 1 to 5, b) Article 8a, paragraph 1 number 2-5, paragraph 2 and 3 and article 8 b paragraph 1 sentence 2 and 3 and paragraph 2 carry out set of 6 and 2. calculated from the time of the first energy audits at least every four years an (another energy audit in accordance with the a) Article 8a, paragraph 1, number 1, and section 8 b paragraph 1 sentence 1 and paragraph 2 sentence 1 to 5, b) Article 8a, paragraph 1, point 2 to 5, paragraph 2 and 3 and section perform set 6 8 b paragraph 1 sentence 2 and 3 and paragraph 2.
(2) the obligation to carry out the first energy audits number 1 is referred to in paragraph 1 met when between 4 December 2012 and December 5, 2015, it is conducted an energy audit that meets the requirements according to paragraph 8a.
(3) companies are exempted from the requirement referred to in paragraph 1, if it when relevant to paragraph 1 either 1 an energy management system within the meaning of section 2 No. 17 have set up or 2. an environmental management system within the meaning of Regulation (EC) No. 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and environmental audit and repealing Regulation (EC) no 761 / 2001, as well as the decisions of the Commission 2001/681/EC and 2006/193/EC (OJ L 342 of December 22, 2009, p. 1), most recently by Regulation (EU) No. 517 / 2013 (OJ OJ L 158 of the 10.6.2013, p. 1) is changed, set up.

§ 8a requirements for energy audits; Availability of energy audits (1) the audit pursuant to § 8 paragraph 1 need 1. complying with the requirements of DIN EN 16247-1, Edition October 20123 2. current measured, either continuously or intermittently, programmable operating data to the energy consumption and the load profiles based, which belongs to these requirements that the company sees a responsible or contact person for the performance of energy audits, and for popular devices, for which a determination of energy consumption by means of measurements not or only with considerable effort is possible , energy consumption can be determined by reasonable projections of existing operational and load characteristics and an estimate of energy consumption by means of other verifiable methods can be made for devices for lighting and office equipment, include an in-depth examination of the energy consumption profile of buildings or groups of buildings and operations or plants in the industry including transport 3., 4. possible are based on a life cycle cost analysis rather than simple payback periods and 5. be proportionate and as representative , that results in a reliable picture of the overall energy efficiency and reliably determine themselves the most important opportunities for improvement.
(2) the data used for the energy audit according to article 8, paragraph 1 must be submitted by the person performing the audit in such a way the companies that allows him to store the data for historical analysis and for the tracking of the performance.
(3) the Federal Office for energy efficiency is to effective, high-quality energy audits available to all end-users, standing performed by providers who comply with the requirements of section 7 paragraph 2 sentence 1 and 3. If this is not sufficient number of independent providers, the Federal Office for energy efficiency measures, active becoming of an independent provider to develop and promote.
3 the standard is published and laid down in the German national library archive terms secured at the Beuth Verlag GmbH, Berlin.

§ a person perform the requirements to which the audit performing persons (1) is the energy audit 8b, that has on the basis of their education or professional qualification and practical experience about the required expertise for the proper implementation of energy audits. (The vocational skills required 1 a relevant training, proven by a) the completion of a university or University of applied sciences degree in a relevant field of study or b) acquired a professional qualification as a certified technician or the certified technician in a relevant field of study or a master's degree or equivalent education degree and 2. at least three years full-time working, at the real-world knowledge of the occupational energy consulting.
The evidence of a relevant training is number 1 pursuant to sentence 2 to see also as given, if a degree or a professional qualification by a top federal or State authority or by a body of governed by public law as equivalent is recognized.
(2) the audit is in an independent way. The person performing the audit must advise the company that commissioned it, manufacturer, anbieter - and distribution-neutral. The persons carrying out the energy audit may require no commissions or other monetary benefits from a company or get that manufactures or distributes built plants, or rented, will be used for investment in the audited companies. Is the energy audit performed by in-house people, so these individuals may not directly be involved in the activity, which will undergo an energy audit. Corporate energy Auditors need to be independent in the performance of their duties; they should be put under the management of the company directly and free of instruction in this function. You should not be disadvantaged because of their tasks as energy auditors.

§ 8c proof of (1) the Federal Office of Economics and export control has carried out spot checks to carry out the audits within the meaning of article 8, paragraph 1. To do this, it has company by setting a reasonable time limit for the presentation of proof to urge that the undertaking 1 has complied with the obligation according to § 8 paragraph 1 or 2 according to section 8(3) of the obligation according to § 8 paragraph 1 will not be.
(2) If a company prompted to prove that falls in the scope of application in accordance with article 8, paragraph 1 and shall therefore not to carry out an energy audits, so it has a self declaration to specify that it is not a company within the meaning of § 1 number 4.
(3) proof of the implementation of energy audits according to § 8 paragraph 1 via a confirmation of those who carried out the audit. Not already held a review of vocational skills and reliability of the person who has carried out the audit, according to § 7 paragraph 3 within the framework of their entry in the list, the expertise at the request of the Federal Office for Economics and export control by the audited company by submitting appropriate documentation is to demonstrate. The Federal Office of Economics and export control may require by the company within the framework of the sampling inspection pursuant to paragraph 1 sentence 1 submit to manufacturing in the context of energy audits documents including the Energieauditberichts.
(4) evidence within the meaning of paragraph 3 from another Member State of the European Union or another Contracting State to the agreement on the European economic area are equally domestic evidence if they are equivalent. The Federal Office of Economics and export control may require that the documents certified copy and certified German translation be submitted.
(5) the energy audit conducted by an organization, which was accredited EN ISO 50001 from the national accreditation body as a conformity assessment body for the certification of energy management systems according to the DIN, the corresponding accreditation certificate is sufficient as proof of qualification, unless the staff working as an energy auditor of the accredited organization meets the competence requirements that are provided according to the relevant rules of accreditation for an appointment as auditor for energy management systems. The energy audit conducted of articles 9, 10 and 18 of the Umweltauditgesetzes by an environmental verifier or an environmental expert organisation in the sense, the approval certificate issued for the sector concerned for the person who has carried out the audit is sufficient as proof of qualification.
(6) proof of the existence of the conditions for an exemption under section 8(3) is 1 in the case of section 8(3) number 1 has a valid DIN EN ISO 50001-certificate;
2. in the case of section 8(3) number 2 has a valid registration or renewal decision the competent EMAS Registry regarding the registration of the company in the EMAS register or a confirmation of the EMAS registration authority by means of active registration with a date, to which the registration is valid.
For companies with multiple divisions or locations it is paragraph 6 for the verification according to sec. 8 c harmless, if for the individual parts of the company or locations different record systems 1 number 1 and 2 according to paragraph 3. A review between 5 December 2015 and 31 December 2016, proof of the beginning of the establishment of a system is sufficient according to article 8, paragraph 3. This detection is done by the submission of a written or electronic declaration of the management board with the following content: 1 agrees the company or charged one in article 55, paragraph 8 of the energy tax act of 15 July 2006 (BGBl. I S. 1534; 2008 I S. 660, 1007), most recently by article 11 of the law of 18 July 2014 (BGBl. I S. 1042) has been modified , and article 10, paragraph 7 of the electricity Tax Act of 24 March 1999 (BGBl. I S. 378; 2000 I S. 147), most recently by article 2 of the law of 5 December 2012 (BGBl. I S. 2436, 2725) has been amended is mentioned point, a) an energy management system according to article 8 paragraph 3 number 1 or b) an environmental management system according to article 8 paragraph 3 number 2 to introduce, and 2. the company has started following the introduction of the system (number 1) measures implemented with : a) for an energy management system according to article 8 paragraph 3 No. 1 the number 4.4.3 2(a), DIN EN ISO 50001, Edition December 2011;
(b) for an environmental management system according to article 8 paragraph 3 point 2 at least the collection and analysis of energy with an inventory of energy flows and energy sources, the discovery of important characteristics in the form of absolute and percentage amounts measured in technical and evaluated in monetary units and the documentation of the used energy sources using a table.

Article 8 d of regulation empowering the Federal Ministry of economy and energy is authorized by a regulation in the agreement with the Federal Ministry for environment, nature conservation, construction and nuclear safety without going more to consent of the Federal Council to 1 the requirements for the energy audit, 2. the requirements for the persons conducting the audit in terms of expertise and independence, and 3. the conditions for an exemption from the requirement to carry out energy audits.

§ 9 Federal Bureau of energy efficiency (1) that takes Federal Office of Economics and export control the tasks of the Federal Office for energy efficiency right.
(2) the Federal Office for energy efficiency do administrative tasks in the field of energy efficiency, which are conferred on it by this Act or other federal laws within their own jurisdiction. The Federal Office for energy efficiency has in particular the following tasks: 1. calculation of indicative of energy savings according to § 3, paragraph 1, sentence 2 and the adjustment of the necessary values and calculation methods to technical progress in accordance with the requirements of the European Commission;
2. acquisition and support achievement of the indicative of energy savings according to § 3, paragraph 1, sentence 2 and the implementation of the strategy to be laid as well as the success of measures under section 3, paragraph 3;
3. preparation of the energy efficiency action plans according to § 3 paragraph 4 for the Federal Government;
4. determination of the energy savings achieved with energy services and other energy efficiency improvement measures, and recording the results in a report;
5. monitoring and assessment of the market for energy services, energy audits and other energy efficiency improvement measures and proposals for further development;
6 inform of the public about measures that take the public authorities in the field of energy efficiency to the perception of their role model according to § 3 paragraph 3;
7 communication of the exchange of experience between public bodies in Germany and other Member States of the European Union in cooperation with the European Commission;
8. publication of recommendations to fulfill the tasks of energy companies according to § 4 paragraph 1 and 2 and, if an Ordinance adopted pursuant to section 4 paragraph 3 is, in terms of the tasks under this legal regulation;
9. (disappeared) 10 informing of the public and market participants on energy efficiency mechanisms and the framework conditions laid down to achieve the indicative of energy savings according to article 6, paragraph 1, as well as publication of model contracts according to § 6 paragraph 2;
11 public running of list of providers pursuant to section 7;
12 development and implementation of measures pursuant to § 8 sentence 2;
13 preparation and publication of lists of energy efficiency criteria for technical specifications of various product categories to use for creating these lists, if necessary, minimised life cycle cost analysis or comparable methods to ensure of the economy where are;
14 support in article 98 number 1 to 4 of the Act against restrictions on competition as amended by the notice of June 26, 2013 (BGBl. I S. 1750, 3245), most recently by article 5 of the law of July 21, 2014 (BGBl. I S. 1066) changed, offices for energy efficiency measures;
15 scientific support of the Federal Ministry of economy and energy in all matters of energy saving and energy efficiency.
(3) the Federal Office for energy efficiency is subject to the laws, regulations and supervision of the Federal Ministry of economy and energy.

§ 10 Advisory Board
(1) the Federal Office for energy efficiency will be an Advisory Board on issues of energy efficiency, in the energy service provider, provider of energy audits and energy efficiency improvement measures, consumers, energy companies, environmental groups and independent persons with particular expertise in the field of energy efficiency are represented. The Advisory Board advises the Federal Office for energy efficiency in carrying out their duties under this Act.
(2) the Federal Ministry for economy and energy appoints the members of the Advisory Board for two years in agreement with the Federal Ministry of transport and digital infrastructure, the Federal Ministry for environment, nature conservation, construction and nuclear safety and the Federal Ministry of Justice, and for consumer protection. Reappointment is allowed. The total number of members of the Advisory Board should not exceed 13 people.
(3) the Advisory Board is a rules of procedure, which require the consent of the Federal Ministry of economy and energy.

§ 11 data collection; Authority to issue regulations (1) may require the Federal Office for energy efficiency energy companies providing aggregate data for the fulfilment of their tasks their end customers as well as the market activities of energy companies related to the energy services market in anonymised form, in particular to the consumption of end customers, nature and scope of the respective customer groups, to the customer site and load profiles. The transmitting energy company has data that represent business or trade secrets, as confidential.
((2) the Federal Government governs by Decree without the consent of the Federal Council 1 the details of collecting data pursuant to paragraph 1, in particular: a) what data types may be levied, b) when and how the data is to transmit and 2 the use of the data.

§ 12 penalty provisions (1) any person who intentionally or negligently 1 is a contrary to article 8 paragraph 1 number 1 1(a) or paragraph 2 letter a energy audit does not, incorrectly, incompletely or not in time, 2. an enforceable order 8 c according to § paragraph 1 sentence 2 or § 11 paragraph 1 sentence 1 in conjunction with a Decree according to § 11 paragraph 2 number is 1 (b) or 3. violates article is a set of 4 8 c paragraph 2 or paragraph 6 specification incorrectly makes.
(2) the offence can be punished with a fine up to fifty thousand euro.
(3) number 1 of the code of administrative offences is the Federal Office of Economics and export control within the meaning of article 36, paragraph 1 the administration.

§ 13 (dropped out)