Law on energy services and other energy efficiency measures (EDL-G)

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EDLG

Date of completion: 04.11.2010

Full quote:

" Law on energy services and other energy efficiency measures of 4 November 2010 (BGBl. I p. 1483), which is defined by Article 1 of the Law of 15 April 2015 (BGBl. I p. 578).

Status:

Amended by Art. 1 G v. 15.4.2015 I 578

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 12.11.2010 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 4.11.2010 I 1483. It's gem. Article 6 of this Act entered into force on 12 November 2010. Unofficial table of contents

§ 1 Scope

This law shall apply to:

1.

Providers of energy services, energy efficiency measures and energy companies,

2.

End customers with the exception of plant operators according to § 3 (2) of the Greenhouse Gas Emissions Trading Act of 21 July 2011 (BGBl. 1475), as last amended by Article 4 (28) of the Law of 7 August 2013 (BGBl). 3154), in respect of its activities in accordance with Annex 1, Part 2, to the Greenhouse Gas Emissions Trading Act,

3.

the public authorities, including the Bundeswehr, in so far as the application of this law is not contrary to the nature and main purpose of the activities of the armed forces, and with the exception of material used exclusively for military purposes ,

4.

Undertakings which do not include micro-enterprises, small and medium-sized enterprises within the meaning of Commission Recommendation 2003 /361/EC of 6 May 2003 concerning the definition of micro-enterprises and small and medium-sized enterprises (OJ L 327, 30.12.2003, p. OJ L 124, 20.5.2003, p.36).

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§ 2 Definitions

Within the meaning of this Act,

1.

Third party financing: a contractual agreement involving, in addition to the energy supplier and the user of an energy efficiency measure, a third party who provides the financial resources for this measure and calculates a charge to the user, the corresponds to a part of the energy savings achieved by the energy efficiency measure, with third parties also being able to be the energy service provider;

2.

Final customer: a natural or legal person who buys energy for its own final consumption;

3.

Energy: all commercially available forms of energy, including electricity, natural gas and liquefied petroleum gas, fuel for heating and cooling purposes, including district heating and cooling, coal and lignite, peat, fuels and biomass in the sense of the Biomass Ordinance of 21 June 2001 (BGBl. 1234), as amended by the Regulation of 9 August 2005 (BGBl I). 2419), with the exception of aeroplanes and bunker oils used in the maritime sector;

4.

Energy audit: a systematic procedure for obtaining sufficient information on the existing energy consumption profile of a building or group of buildings, an operation in the industry or an industrial plant, or a private or a private sector, or of public services, the identification and quantification of opportunities for economic energy savings, and the collection of results in a report;

5.

Energy service providers: a natural or legal person who provides or carries out energy services or other energy efficiency measures in the facilities or premises of a final customer;

6.

Energy services: activities carried out on the basis of a contract and as a rule verifiable and measurable or measurable energy efficiency improvements or primary energy savings, as well as a physical benefit, a Value or benefit as a result of the combination of energy with energy-efficient technology or with measures such as operational, maintenance and control activities;

7.

Energy efficiency: the ratio of output to power, services, goods or energy for energy use;

8.

Energy efficiency measures: all measures that generally lead to verifiable and measurable energy efficiency improvements;

9.

Energy efficiency mechanisms: general tools to create framework conditions or incentives for market participants in the provision and use of energy services and other energy efficiency measures taken by the public Hand, in particular by the Federal Office for Energy Efficiency, are used;

10.

Energy efficiency improvement: the increase in energy end-use efficiency through technical, economic or behavioural changes;

11.

Energy savings: the amount of energy saved, which is determined by measurement or calculation-based estimate of consumption before and after the implementation of one or more energy efficiency measures or behavioural changes, with external Conditions which have a negative effect on energy consumption must be taken into account by the formation of a normal value;

12.

Energy supplier: a natural or legal person who sells energy to end customers and whose turnover corresponds to or exceeds the equivalent of 75 gigawatt hours of energy per year, or which employs ten or more persons, or whose Annual turnover and annual balance sheet exceeds EUR 2 million;

13.

Energy companies: energy distributors, distribution system operators and energy suppliers;

14.

Energy distributor: a natural or legal person responsible for the transport of energy to end customers and to energy suppliers, with the exception of distribution system operators as specified in point 16;

15.

Financial instruments for energy savings: all instruments to partially or fully cover the initial project costs for the implementation of energy efficiency measures such as grants, tax breaks, loans, third party financing, Correspondingly designed energy performance contracts and other similar contracts available on the market;

16.

Distribution system operator: a natural or legal person responsible for the operation, maintenance, if necessary the development of the distribution system for electricity or natural gas in a given area and, where appropriate, the connecting lines to other networks and to ensuring the long-term ability of the network to meet reasonable demand for the distribution of electricity or natural gas;

17.

Energy management system: a system that meets the requirements of DIN EN ISO 50001, issue December 2011 ¹ ;

18.

EMAS-Registration Office: as amended by § 32 of the Environmental Act of 4 September 2002 (BGBl). 3490), as last amended by Article 2 (43) of the Law of 7 August 2013 (BGBl). 3154), as amended, for the registration in the EMAS register of the Chamber of Industry and Commerce or the Chamber of Craftwork in charge.

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The standard has been published by Beuth Verlag GmbH, Berlin, and is set up in the German National Library in an archival way.

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§ 3 Energy savings targets

(1) The aim of the measures under this law is to increase the efficiency of energy use by end customers in Germany with energy services and other energy efficiency measures in a cost-effective way. To this end, the Federal Government sets out energy-saving values, which are to be achieved as energy-saving targets by May of 2017, as well as a strategy for achieving these goals. The indicative value shall be calculated in accordance with Annexes I, II and IV 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 Council Directive 93 /76/EEC Council: 64). (2) The values of energy savings should be achieved by means of economic and appropriate measures. Measures shall be economic if, in general, the necessary expenses can be generated within the normal useful life by the savings which have been made. In the case of measures in the inventory, the expected useful life must be taken into account. In order to achieve the energy savings values, in particular:

1.

create the necessary energy efficiency mechanisms, incentives and institutional, financial and legal frameworks, as well as eliminate market barriers to the efficient use of energy by end customers;

2.

the conditions for the development and promotion of a market for energy services and for the provision of other energy efficiency measures for end customers.

(3) The public sector has a role to play in the improvement of energy efficiency. To this end, the public sector uses energy services and carries out other energy efficiency measures, the main focus of which is on economic measures, which lead to energy savings in a short time. In particular, the public authorities will not go beyond the energy efficiency requirements of the Energy Saving Ordinance in their current version, in particular in their construction work, while taking account of economic efficiency. The public shall be informed of measures taken in accordance with sentences 2 and 3. (4) The Federal Government shall submit to the German Bundestag by 30 April 2017 and by 30 April 2020 respectively an energy efficiency action plan within the meaning of Article 24 (2). 2 of Directive 2012/27/EU of the European Parliament and of the Council of 25. October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC (OJ L 206, 22.7.2006, p. 1), as last amended by Directive 2013 /12/EU (OJ L 315, 15.12.2013, p. OJ L 141 of 28.5.2013, p. 28). Unofficial table of contents

§ 4 Information and advice to end customers; Regulation empowerment

(1) Energy suppliers shall, at least annually, inform their final customers of the effectiveness of energy efficiency measures and of the offers available to them, which shall be provided by:

1.

Energy service providers,

2.

providers of energy audits that are independent of the energy companies, and

3.

Providers of energy efficiency measures

with competitive pricing. This information can be made in the context of the billing of energy consumption by explicit reference to the provider list according to § 7 paragraph 1 sentence 1 or a provider list to which the Federal Office for Energy Efficiency in accordance with § 7, paragraph 1, sentence 3 (2) Energy companies shall provide the final customer with contact information in clear and comprehensible form, together with contracts, amendments to the contract, settlement or receipts. consumer organisations, energy agencies or similar bodies, including Internet addresses, from which they can obtain information on energy efficiency measures, end-customer comparison profiles and, where appropriate, technical specifications of energy-operated devices. (3) For information of end customers on measures to improve energy efficiency, the Federal Government is empowered to determine, by means of a regulation without the consent of the Federal Council, what type of information and advice on energy efficiency to the end customer of the to be made available to market participants. Unofficial table of contents

§ 5 Prohibition of disability or impairment by energy companies

Energy companies have to refrain from any action that

1.

hamper the demand for energy services and other energy efficiency measures,

2.

hinder the provision or implementation of energy services and other energy efficiency measures; or

3.

Could affect the development of markets for energy services and other energy efficiency measures.

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Section 6 Information of market participants

(1) The Federal Office for Energy Efficiency shall ensure that the information on energy efficiency mechanisms and the financial and legal framework conditions set out in accordance with § 3 (1) are transparent and which are brought to the attention of market participants. The Federal Office for Energy Efficiency has to provide the following information on its website:

1.

comprehensible and easily accessible information on available energy services contracts,

2.

Muster clauses that can be used in such contracts.

Only in cases of intent or gross negligence the Federal Office for Energy Efficiency assumes liability for the correctness and completeness of the model contracts. Unofficial table of contents

§ 7 Provider List and Energy Auditor List; Regulation empowerment

(1) Subject to paragraphs 2 and 3, providers of energy services, energy audits or energy efficiency measures may be entered in a provider list which is publicly run at the Federal Office for Energy Efficiency. Suppliers independent of the energy companies are to be identified. The submission of the offer may be limited to certain countries, counties or county-free cities. The Federal Office for Energy Efficiency may, in addition to the list to be drawn up in accordance with the first sentence, indicate a list of qualified providers comparable to the purpose and content. (2) The requirement for an entry in accordance with paragraph 1 is that the providers are reliable and knowledgeable. The specialist of a provider is suspected if he has carried out energy services, energy audits or energy efficiency measures for at least ten end customers in the last three years. In addition, providers of energy audits have to advise in an independent manner. (3) Persons who fulfil the condition pursuant to § 8b for carrying out energy audits or, where appropriate, according to a legal regulation issued in accordance with Section 8d (2), may in (4) The Federal Government is authorized to supplement the Federal Council with the consent of the Federal Council, without the consent of the Federal Council. paragraphs 2 and 3,

1.

what requirements are to be met by providers with regard to their reliability, expertise and the ability to provide independent advice,

2.

what evidence the providers have to provide in order to be registered in the supplier and energy auditor lists,

3.

the cost of the registration, and

4.

under which conditions a deletion from the list of providers and energy auditors takes place.

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Section 8 Commitment to the implementation of energy audits; Exemption from commitments

(1) Companies within the meaning of Section 1 (4) shall be obliged to:

1.

by 5 December 2015, an energy audit in accordance with

a)

The first sentence of Article 8a (1) and the first sentence of Article 8b (1) and the first sentence of paragraph 2 (2),

b)

Article 8a (1) (2) to (5), (2) and (3) and (8b) (1), second sentence, and (3) and (2) sentence 6

perform and

2.

calculated from the date of the first energy audit, at least every four years, a further energy audit in accordance with the

a)

The first sentence of Article 8a (1) and the first sentence of Article 8b (1) and the first sentence of paragraph 2 (2),

b)

Article 8a (1) (2) to (5), (2) and (3) and (8b) (1), second sentence, and (3) and (2) sentence 6

,

(2) The obligation to carry out the first energy audit as referred to in paragraph 1 (1) shall be deemed to have been fulfilled if an energy audit has been carried out between 4 December 2012 and 5 December 2015, which meets the requirements of § 8a. (3) Undertakings shall be exempted from the obligation referred to in paragraph 1 if they are either at the relevant date referred to in paragraph 1

1.

have set up an energy management system within the meaning of Section 2 (17), 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 of organisations in a Community eco-management system and Audit and repeal of Regulation (EC) No 761/2001 and Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 136, 31.3.2001, p. 1), as last amended by Regulation (EU) No 517/2013 (OJ L 327, 22.12.2009, p. OJ L 158, 10.6.2013, p. 1).

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§ 8a Requirements for energy audits; availability of energy audits

(1) The energy audit pursuant to Article 8 (1) must:

1.

the requirements of DIN EN 16247-1, issue October 2012 ³ , where these requirements include the provision of a person responsible or a point of contact for the implementation of the energy audit,

2.

are based on up-to-date, continuously or temporarily measured operating data on energy consumption and load profiles, and for common equipment for which an assessment of energy consumption by means of measurement is not or only with one Considerable effort is possible, the energy consumption can also be determined by traceable calculations of existing operating and load characteristics and an estimate of the energy consumption for appliances for lighting and for office equipment can be carried out by means of other comprehensible methods,

3.

include in-depth consideration of the energy consumption profile of buildings or groups of buildings and operations or installations in the industry, including transport,

4.

based on a life-cycle cost analysis instead of simple payback periods, and

5.

proportionate and in such a way as to provide a reliable picture of overall energy performance and to reliably identify the most important ways of improving it.

(2) The data used for the energy audit pursuant to Article 8 (1) shall be transmitted to the enterprise by the person carrying out the energy audit in such a way as to enable him to provide the data for historical analyses and for tracing (3) The Federal Office for Energy Efficiency shall ensure that effective, high-quality energy audits are made available to all end customers, which are carried out by providers who comply with the requirements of § 7 (2) sentence 1 and 3. Provided that there is no sufficient number of independent providers, the Federal Office for Energy Efficiency shall take measures to develop and promote the activities of independent providers.

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The standard has been published by Beuth Verlag GmbH, Berlin, and is set up in the German National Library in an archival way.

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Section 8b Requirements for the persons carrying out the energy audit

(1) The energy audit shall be carried out by a person who, on the basis of his or her training or professional qualification and practical experience, has the necessary expertise to properly carry out an energy audit. The technical customer requires

1.

a relevant training, proven by

a)

the completion of a higher education or a university of applied sciences degree in a relevant subject area or

b)

a professional qualification as a state-certified technician or a state-certified technician in a relevant field of speciation or a master degree or equivalent qualification in continuing education and training; and

2.

at least three years ' main professional activity in which practice-related knowledge of the company's energy consultancy has been acquired.

Proof of the relevant training referred to in the second sentence of point 1 shall also be considered to be provided if a qualification or professional qualification is obtained by a supreme federal or state authority or by a body of public law as (2) The energy audit shall be carried out in an independent manner. The person carrying out the energy audit has to advise the company that it is responsible for, manufacturer-, provider-and sales-neutral. The persons carrying out the energy audit may not claim or receive commissions or other monetary benefits from a company which manufactures or distributes products or establishes or rents installations which, in the case of Energy saving investments in audited companies are used. Where the energy audit is carried out by internal company persons, these persons shall not be directly involved in the activity which is subject to an energy audit. Internal energy auditors must be independent in their task perception; they are directly responsible for the management of the company and are free of instructions in this function. They may not be disadvantaged because of the performance of their duties as energy auditors. Unofficial table of contents

§ 8c Detection

(1) The Federal Office for Economic Affairs and Export Control shall carry out random checks for the implementation of the energy audits as referred to in Article 8 (1). To that end, it shall require undertakings to submit proof that the undertaking concerned has received a reasonable period of time to submit the proof.

1.

the obligation referred to in Article 8 (1) has been complied with, or

2.

in accordance with Section 8 (3) of the obligation pursuant to § 8 (1).

(2) Where an undertaking is requested to prove that it does not fall within the scope of Article 8 (1) and is therefore not obliged to carry out an energy audit, it shall state in a self-declaration that no undertaking is required to: (3) The proof of carrying out an energy audit in accordance with § 8 (1) shall be carried out by means of a confirmation of the person who carried out the energy audit. If a review of the expertise and reliability of the person carrying out the energy audit has not already been carried out as part of their registration in the list in accordance with § 7 paragraph 3, the specialist customer shall be subject to the request of the Federal Office for Economic Affairs and export control by the audited entity through the submission of relevant documents. The Federal Office for Economic Affairs and Export Control may require the company to submit, in the context of the sampling test referred to in the first sentence of paragraph 1, the submission of documents to be produced in the course of the energy audit, including the Energy Audit Report. (4) Proof referred to in paragraph 3 of another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be equivalent to national references if they are equivalent. The Federal Office for Economic Affairs and Export Control can request that the documents be submitted in certified copy and in certified German translation. (5) The energy audit was carried out by an organization that was carried out by the national authorities. Accreditation body as conformity assessment body has been accredited for the certification of energy management systems according to DIN EN ISO 50001, is sufficient as proof of qualification the appropriate accreditation certificate, provided that the qualification as a Energy auditor employees of the accredited organization the Requirements that are required under the relevant accreditation rules for an appointment as an auditor for energy management systems are met. If the energy audit has been carried out by an environmental verifier or an environmental expert organisation within the meaning of § § 9, 10 and 18 of the Environmental Act, it is sufficient to provide proof of the qualification issued for the sector in question. Certificate of admission for the person who carried out the energy audit. (6) The proof of the existence of the conditions for an exemption pursuant to § 8 (3) shall take place.

1.

in the case of Section 8 (3) (1), concerning a valid DIN EN ISO 50001 certificate;

2.

in the case of Section 8 (3) (2), on a valid entry or renewal notice from the competent EMAS registration body, on the registration of the company in the EMAS register, or a confirmation of the EMAS registration office via a active registration, specifying a point in time for which registration is valid.

In the case of undertakings with a number of parts or locations, it shall be harmless for the verification of the records referred to in Article 8c (6) if different systems for the individual parts of the company or locations are operated in accordance with the first sentence of the first paragraph of paragraph 3 and 2. . In the event of a review between 5 December 2015 and 31 December 2016, proof of the commencement of the establishment of a system in accordance with Section 8 (3) shall suffice. This proof is provided by the submission of a written or electronic declaration of management with the following contents:

1.

the company commits itself or is responsible for one of the tasks of § 55 (8) of the Energy Tax Act of 15 July 2006 (BGBl. I p. 1534; 2008 I p. 660, 1007), most recently by Article 11 of the Law of 18 July 2014 (BGBl. 1042), and Section 10 (7) of the Electricity Tax Act of 24 March 1999 (BGBl. 378; 2000 I p. 147), as last amended by Article 2 of the Law of 5 December 2012 (BGBl I). 2436, 2725), have been amended;

a)

an energy management system in accordance with § 8 (3) (1) or

b)

an environmental management system according to § 8 (3) (2)

, and

2.

The company has started the introduction of the system (number 1) and has implemented the following measures:

a)

for an energy management system in accordance with Section 8 (3) (1), point 4.4.3 (a) of DIN EN ISO 50001, issue December 2011;

b)

for an environmental management system in accordance with Article 8 (3) (2), at least the collection and analysis of energy sources with an inventory of energy flows and energy sources, the identification of key parameters in the form of absolute and percentage uses measured in terms of technical and valuation in monetary units and documentation of the energy sources used, with the help of a table.

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Section 8d Regulation authorisation

The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety without the consent of the Federal Council, to regulate the situation by means of a legal regulation.

1.

the requirements for the energy audit,

2.

the requirements for the persons carrying out the energy audit with regard to technical and independence studies; and

3.

the conditions for exemption from the obligation to carry out energy audits.

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§ 9 Federal Office for Energy Efficiency

(1) The Federal Office for Economic Affairs and Export Control shall carry out the tasks of the Federal Office for Energy Efficiency. (2) The Federal Office for Energy Efficiency shall carry out administrative tasks in the field of energy efficiency in its own competence, which shall: they are assigned by this law or other federal laws. The Federal Office for Energy Efficiency has in particular the following tasks:

1.

the calculation of the energy saving values in accordance with Article 3 (1), second sentence, and the adaptation of the necessary values and calculation methods to technical progress in accordance with the requirements of the European Commission;

2.

collecting and supporting the achievement of the energy saving values in accordance with § 3 (1), second sentence, and the implementation of the strategy defined for this purpose, as well as the success of the measures in accordance with § 3 (3);

3.

Preparation of the Energy Efficiency Action Plans according to § 3 paragraph 4 for the Federal Government;

4.

to identify the energy savings achieved with energy services and other energy efficiency measures, and to record the results in a report;

5.

Monitoring and evaluation of the market for energy services, energy audits and other energy efficiency measures, and development of proposals for further development;

6.

to inform the public of measures taken by the public authorities in the field of energy efficiency in order to exercise their role as a role model in accordance with Article 3 (3) of this Directive;

7.

Exchange of experience between public sector bodies in Germany and other Member States of the European Union in cooperation with the European Commission;

8.

publication of recommendations for the performance of the tasks of energy companies in accordance with § 4 (1) and (2) and, if a legal regulation has been issued in accordance with Article 4 (3), with regard to the tasks under this Regulation;

9.

(dropped)

10.

informing the public and the market participants about energy efficiency mechanisms and the framework conditions laid down in accordance with Article 6 (1), as well as the publication of model contracts in accordance with Article 6 (2);

11.

public routing of the provider list in accordance with § 7;

12.

Development and implementation of measures pursuant to § 8 sentence 2;

13.

Creation and publication of lists of energy efficiency criteria for technical specifications of different product categories, including, where appropriate, minimised life-cycle cost analysis or comparable analysis methods to ensure economic viability are to be used;

14.

Support for the provisions of Section 98 (1) to (4) of the Law on Competition Restrictions in the version of the notice of 26 June 2013 (BGBl. I p. 1750, 3245), most recently by Article 5 of the Law of 21 July 2014 (BGBl. 1066), when energy efficiency measures have been taken;

15.

Scientific support of the Federal Ministry for Economic Affairs and Energy in all matters relating to energy saving and energy efficiency.

(3) The Federal Office for Energy Efficiency is subject to the legal and technical supervision of the Federal Ministry for Economic Affairs and Energy. Unofficial table of contents

Section 10 Advisory Council

(1) The Federal Office for Energy Efficiency shall set up a Advisory Board for Energy Efficiency Issues, in which energy service providers, energy audits and energy efficiency measures, end customers, energy companies, environmental associations and independent energy providers shall be established. Persons with special expertise in the field of energy efficiency are represented. The Advisory Board advises the Federal Office for Energy Efficiency in the performance of its tasks under this Act. (2) The Federal Ministry for Economic Affairs and Energy convenes in agreement with the Federal Ministry of Transport and Digital Infrastructure, the Federal Ministry of Transport and Energy, the Federal Ministry of Economics and Technology. Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, and the Federal Ministry of Justice and Consumer Protection the members of the Advisory Board for two years. Repeated order is allowed. The total number of members of the Advisory Board shall not exceed 13 persons. (3) The Advisory Council shall adopt its rules of procedure, which shall require the approval of the Federal Ministry for Economic Affairs and Energy. Unofficial table of contents

§ 11 Data collection; Regulation empowerment

(1) In order to carry out its tasks, the Federal Office for Energy Efficiency of Energy Companies may use the transmission of aggregated data on its end customers and on the market activities of energy companies with reference to the Demand for energy services in an anonymised form, in particular for the consumption of the end customers, on the type and scope of the respective customer groups, on the customer location and on load profiles. Data representing operating or trade secrets shall be classified as confidential by the energy company. (2) The Federal Government shall, without the consent of the Federal Council, regulate the use of such information by means of a legal regulation.

1.

the details of the data collection referred to in paragraph 1, in particular:

a)

what types of data may be collected,

b)

when and how the data should be transmitted and

2.

the use of the data.

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§ 12 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to Article 8 (1) (1) (a) or (2) (a), an energy audit is not carried out, not properly, in full or in good time,

2.

a enforceable arrangement in accordance with § 8c (1) sentence 2 or § 11 (1) sentence 1 in conjunction with a legal regulation pursuant to § 11 (2) (1) (b), or

3.

Contrary to Article 8c (2) or the fourth sentence of paragraph 6, an indication is not correct.

(2) The administrative offence may be punished with a fine of up to fifty thousand euros. (3) The Federal Office of Economics and Export Control shall be the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Unofficial table of contents

§ 13 (omitted)