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Law for the Promotion of Renewable Energy in the Heat Sector

Original Language Title: Gesetz zur Förderung Erneuerbarer Energien im Wärmebereich

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Law for the Promotion of Renewable Energy in the Heat Sector (Renewable Energy-Heat Law-EEWärmeG)

Unofficial table of contents

EEWärmeG

Date of completion: 07.08.2008

Full quote:

" Renewable Energies-Heat Act of 7 August 2008 (BGBl. I p. 1658), most recently by Article 14 of the Law of 21 July 2014 (BGBl. 1066).

Status: Last amended by Art. 14 G v. 21.7.2014 I 1066

For more details, please refer to the menu under Notes
*)
The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and the provisions relating to the services of The Information Society (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 136, 31.5.1998, p. EC No 18), have been observed.

Footnote 

(+ + + Text evidence from: 1.1.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 34/98 (CELEX Nr: 398L0034) + + +)
Unofficial table of contents

Content Summary


Part 1
General provisions

§ 1 Purpose and aim of the law
§ 1a Exemplary function of public buildings
§ 2 Definitions

Part 2
Use of renewable energies

§ 3 Duty to use
§ 4 Scope of the duty to use
§ 5 Share of renewable energy in new buildings
Section 5a Share of renewable energies in fundamentally refurbted public buildings
§ 6 Supply of several buildings
§ 7 Replacement measures
§ 8 Combination
§ 9 Exceptions
§ 10 Evidence
§ 10a Information about the model function
§ 11 Review
§ 12 Responsibility

Part 3
Financial support

§ 13 Funding
§ 14 Measures supported
§ 15 Relationship to duty to use

Part 4

Final provisions

§ 16 Connection and use constraints
§ 16a Installers for renewable energies
§ 17 Fines
§ 18 Experience Report
Section 18a Reports of the countries
§ 19 Transitional provisions
§ 20 entry into force
Annex Requirements for the use of renewable energies and replacement measures

Part 1
General provisions

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§ 1 Purpose and purpose of the law

(1) The purpose of this law is to enable sustainable development of the energy supply, in particular in the interests of climate protection, the conservation of fossil resources and the reduction of dependence on energy imports, and the (2) In order to achieve the objective of paragraph 1, while maintaining economic representability, the aim of this law is to contribute to the development of renewable energy sources. the share of renewable energies in final energy consumption for heat and cold up to 2020 to 14 percent. Unofficial table of contents

§ 1a Preformating function of public buildings

Public buildings are a model function within the scope of the purpose and objective in accordance with § 1. This role model also comes to public buildings abroad, which are owned by the public authorities. Unofficial table of contents

§ 2 Definitions

(1) Renewable energies within the meaning of this Act are
1.
the heat taken from the soil (geothermal energy),
2.
The heat, taken from the air or water, and made technically usable with the exception of waste heat (environmental heat),
3.
the heat (solar radiation energy), which is made available by the use of solar radiation to meet the requirements of heating energy,
4.
the heat generated from solid, liquid and gaseous biomass. The separation takes place according to the state of aggregation at the time of the entry of the biomass into the apparatus for heat generation. For the purposes of this Act, only the following energy sources shall be recognised as biomass:
a)
Biomass as defined in the Biomass Ordinance in the version valid until 31 December 2011,
b)
biodegradable fractions of waste from households and industry,
c)
Landfill gas,
d)
Clarion gas,
e)
Sewage sludge within the meaning of the Sewage Sludge Ordinance of 15 April 1992 (BGBl. 912), as last amended by Article 4 of the Regulation of 20 June 2008. October 2006 (BGBl. I p. 2298, 2007 I p. 2316), as amended, and
f)
vegetable oil methyl ester, and
5.
the cold (cooling from renewable energy) taken from the soil or the water, which is technically usable or made from heat according to points 1 to 4.
(2) For the purposes of this Act,
1.
Waste heat from waste air and waste water from technical processes and building installations,
2.
District heating or cooling the heat or cold, which is distributed in the form of steam, hot water or cold liquids by means of a heat or cold net,
3.
basic renovation of any measure by which on a building in a time-related relationship of not more than two years
a)
a boiler is replaced or the heating system is switched to another fossil energy source, and
b)
more than 20 percent of the surface of the building envelope is being renovated,
4.
Useful space
a)
in the case of residential buildings, the building protection area according to § 2 No. 14 of the German Energy Saving Ordinance of 24 July 2007 (BGBl. 1519), as amended,
b)
in the case of non-residential buildings, the net base area in accordance with Article 2 (15) of the Energy Saving Ordinance,
5.
Public building of each non-residential building, the
a)
is owned or owned by the public authorities, and
b)
is used
aa)
for the tasks of the legislation,
bb)
for the tasks of the executing violence,
cc)
for the tasks of the administration of justice or
dd)
as a public body.
Excluded are buildings of public undertakings if they provide services in free competition with private undertakings, in particular public undertakings for the supply of food and beverages, for production, storage and for the purpose of Distribution of goods, companies of agriculture, forestry or horticulture as well as companies for the supply of energy or water. Buildings of the Bundeswehr, which serve the storage of military or civil goods, are also excluded from the first sentence. Mixed-use buildings are public buildings where they are mainly used for tasks or facilities according to the rates 1 to 3,
6.
Public
a)
any domestic body, association or property of public law, with the exception of religious communities; and
b)
any body, association or property of private law, where a person referred to in point (a) alone or several persons referred to in point (a) together directly or indirectly
aa)
possess the majority of the subscribed capital,
bb)
have a majority of the voting rights attaching to the shares, or
cc)
more than half of the members of the management, management
or supervisory bodies,
7.
Knowledgeable of any person who
a)
in accordance with § 21 of the German Energy Saving Ordinance (Energy Saving Ordinance) is entitled to issue energy statements, in accordance with the entitlement that applies to residential or non-residential buildings, or
b)
Certified
aa)
in accordance with the provisions of section 16a of the training review of the chambers of craft trades,
bb)
in accordance with a certification or equivalent qualification system in another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, in accordance with the conditions laid down in Article 14 (3) of the Agreement on the European Economic Area Directive 2009 /28/EC of the European Parliament and of the Council of 23 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 197, 21.7.2009, p. OJ L 140, 5.6.2009, p.16),
8.
Any person who is obliged to use renewable energy in accordance with Article 3 (1) or (2),
9.
Heat and cooling energy demand the sum
a)
the amount of heat required per year to meet the heating requirements for heating and hot water preparation, and
b)
the annual cooling rate required to meet the refrigeration requirements for room cooling,
In each case, including the thermal effort for delivery, distribution and storage. The heat and cooling energy requirement shall be calculated in accordance with the technical rules on which Annexes 1 and 2 to the Energy Saving Regulation are based. In so far as these plants do not contain technical rules for the calculation of certain amounts of heat and cooling energy requirements, the heating and cooling energy requirements shall be calculated in accordance with the recognised rules of technology; the Federal Ministry for the Environment, In agreement with the Federal Ministry for Transport, Building and Urban Development, Nature Conservation and Nuclear Safety can be published in the Federal Gazette (Federal Gazette) on publications of expert bodies concerning these recognized rules of technology. indicate,
10.
a)
Residential building of any building which, according to its intended purpose, is primarily used for housing, including residential, old and nursing homes, and similar facilities; and
b)
Non-residential buildings of any other building.

Part 2
Use of renewable energies

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§ 3 duty to use

(1) The owners of buildings according to § 4, which are newly erected, must meet the heating and cooling energy requirements through the proportional use of renewable energies in accordance with § § 5 and 6. The first sentence shall also apply to the public authorities if they re-establish public buildings in accordance with § 4 abroad. (2) The public authorities must meet the heating and cooling energy requirements of already established public buildings according to § 4, which are owned by the public authorities. and are completely renovated, by means of the proportionate use of renewable energies in accordance with § § 5a and 6 (2). The first sentence shall also apply to the public authorities if they have undergone a fundamental renovation of public buildings in accordance with § 4 abroad. (3) The public authorities must ensure that the public buildings which have already been erected in accordance with § 4, which are in their possession, are also provided. , in the course of a basic renovation, a model function which meets the requirements laid down in paragraph 2 shall be given. In the case of rental or lease of buildings, this shall be ensured if:
1.
be leased or leased in the first place, where the requirements laid down in paragraph 2 are already met,
2.
be leased or leased in the second place, the owners of which undertake to comply with the requirements laid down in paragraph 2 in the case of a basic renovation.
Sentence 2 shall not apply if buildings are rented or leased by the public authorities only on a transitional basis. (4) Countries may:
1.
for public buildings which have already been established, with the exception of the public buildings of the federal government, own regulations for the performance of the model function according to § 1a, and for this purpose deviate from the provisions of this law; and
2.
establish a duty to use renewable energy for buildings that are not public buildings, which are not public buildings.
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§ 4 Scope of the duty to use

The obligation referred to in Article 3 (1) or (2) shall apply to all buildings with a usable area of more than 50 square metres, which are heated or cooled using energy, with the exception of
1.
operating buildings, which are mainly used for breeding or keeping animals;
2.
operating buildings, insofar as they have to be kept open for large-scale and long-lasting open-end applications;
3.
subterranean buildings,
4.
Sub-glass plants and cultural spaces for the rearing, reproduction and sale of plants,
5.
Airway halls and tents,
6.
buildings intended to be repeatedly erected and dismantled, and provisional buildings with a planned useful life of up to two years,
7.
buildings dedicated to worship or other religious purposes,
8.
Residential buildings intended for a useful life of less than four months per year,
9.
other operating buildings, which, according to their intended purpose, are heated to an internal temperature of less than 12 degrees Celsius or less than four months per year, and which are cooled annually for less than two months;
10.
Buildings, which are part or subsidiary facility of a facility that are covered by the scope of the greenhouse gas emission trading law of 21 July 2011 (BGBl. 1475), as amended, and
11.
Buildings of the Bundeswehr, insofar as the performance of the duty pursuant to § 3 (1) or (2) of the Art and the main purpose of the activities of the Bundeswehr is contrary.
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§ 5 Share of renewables in new buildings

(1) In the case of the use of solar radiation energy in accordance with point I of the annex to this law, the obligation pursuant to section 3 (1) is fulfilled by the fact that the heating and cooling energy demand is covered by at least 15 per cent. (2) In accordance with the provisions of point II.1 of the annex to this Act, the obligation under Section 3 (1) is fulfilled by the fact that the heating and cooling energy requirements are covered by at least 30 per cent. (3) When using
1.
liquid biomass as provided for in point II.2 of the Appendix to this Act; and
2.
the biomass fixed in accordance with point II.3 of the Annex to this Act
the obligation under § 3 (1) is fulfilled by the fact that the heating and cooling energy requirements are covered by at least 50 per cent. (4) When using geothermal energy and environmental heat in accordance with point III of the annex to this law, the obligation shall be (5) In the case of the use of refrigeration from renewable energies according to the provisions of point IV of the Appendix to this Regulation, the use of renewable energy shall be met by the provision of a minimum of 50% of the energy required for the use of such energy. The law is fulfilled in accordance with § 3 (1) by the fact that the heating and cooling energy requirements at least equal to the percentage referred to in the second sentence. The relevant proportion shall be the proportion of renewable energy produced in accordance with paragraphs 1 to 4, from which the cold is generated. If the cold is produced by means of a thermal cooling system through the direct supply of heat, the proportion which is also valid in the case of a pure heat generation (without cooling) from the same energy source applies. If the cold is provided directly by the use of geothermal energy or environmental heat, the proportion of 50 per cent of the heat and cooling energy required also in the case of heat generation from these energy sources shall apply. Unofficial table of contents

§ 5a Share of renewable energies in fundamentally renovated public buildings

(1) In the case of the use of gaseous biomass in accordance with the provisions of point II.1 of the Appendix to this Act, the obligation under Section 3 (2) is fulfilled by the fact that the heating and cooling energy requirements are covered by at least 25 per cent. (2) In the case of use other renewable energies as set out in points I to IV of the annex to this Act, the obligation under Section 3 (2) is fulfilled by the fact that the heating and cooling energy requirements are covered by at least 15 per cent. Unofficial table of contents

§ 6 Supply of several buildings

(1) The obligation pursuant to Article 3 (1) may also be fulfilled by ensuring that meals whose buildings are in a spatial context cover their heating and cooling energy requirements as a whole to a level which is the sum of the individual obligations of § 5. If, to this end, they undertake one or more plants for the production of heat or cold from renewable energies, they may require the neighbours to ensure that they are able to operate the plants in the necessary and reasonable scope. (2) In the case of public buildings, the obligation pursuant to Section 3 (1) or (2) may also be fulfilled by the fact that: Obligated, whose buildings are in a property, their heat-and Total cooling energy requirements shall cover a total amount corresponding to the sum of the individual obligations according to § 5 or § 5a. Unofficial table of contents

§ 7 Replacement measures

(1) The obligation to comply with § 3 (1) or (2) shall be deemed to be fulfilled if pledge
1.
The heating and cooling energy demand of at least 50 percent
a)
from installations for the use of waste heat in accordance with the provisions of point V of the annex to this Act, or
b)
from combined heat and power plants (CHP plants) in accordance with point VI of the Appendix to this Act
§ 5 (5) sentence 3, § 6 (1) sentence 1 and § 6 (2) shall apply accordingly,
2.
take measures to save energy in accordance with point VII of the Annex to this Act, or
3.
District heating or cooling in accordance with point VIII of the Appendix to this Act shall cover the total heat and cold energy requirements at least equal to the proportion of the rates 2 and 3 hereof. The relevant proportion shall be the proportion of the energy from which the district heating or cooling is wholly or partly derived in accordance with § 5, § 5a or to point 1. For the purposes of the calculation referred to in the first sentence, only the quantity of district heating or cooling which is calculated from renewable energy sources, from installations for the use of waste heat or from CHP plants shall be counted.
(2) The obligation pursuant to Article 3 (2) shall be deemed to be fulfilled even if, on the roof of the public building, solar thermal installations are operated by the owner or a third party pursuant to point I of the Appendix to this Act, if the installation is carried out by the owner or by a third party. any heat or cold produced by these installations is made available to third parties to meet the heating and cooling energy requirements of buildings and is not used by these third parties to fulfil a duty pursuant to § 3 (1) to (4). Unofficial table of contents

§ 8 Combination

(1) Renewable energy and replacement measures in accordance with § 7 may be combined with each other and with each other in order to fulfil the obligation pursuant to § 3 (1) or (2). (2) The percentage shares of the actual utilization of the individual renewable energies and Replacement measures within the meaning of paragraph 1 in relation to the use provided for in accordance with this law must be given in the sum of 100. Unofficial table of contents

§ 9 Exceptions

(1) The obligation under Section 3 (1) shall not apply if:
1.
their fulfilment and the implementation of replacement measures in accordance with § 7
a)
disagree with other public service obligations, or
b)
are technically impossible in individual cases, or
2.
the competent authority shall, at the request of the competent authority, exempt the food. The obligation to exempt from the obligation pursuant to § 3 (1) is to the extent that their performance and the execution of substitute measures pursuant to § 7 in individual cases lead to unreasonable hardship due to special circumstances due to an unreasonable effort or in some other way.
(2) The obligation pursuant to Article 3 (2) shall be deleted;
1.
if their performance and the implementation of replacement measures according to § 7
a)
-or other public-law obligations, or
b)
are technically impossible in individual cases, or
2.
in so far as their performance and the implementation of replacement measures in accordance with § 7 result in an unreasonable effort or in any other way lead to an unreasonable hardship in particular circumstances due to special circumstances. This shall apply in particular where any measure with which the obligation to comply with Article 3 (2) can be fulfilled is associated with additional costs in accordance with the rates 3 and 4 and these additional costs are not insignificant. These additional costs are the difference between the cost of the basic renovation, taking into account the role model function and the cost of the basic renovation, without taking into account the role model function. In the calculation, all costs and savings shall be taken into account, including those expected within the normal service life of the installations or parts of the building.
(2a) The obligation under Section 3 (2) shall not apply to public buildings owned or owned by a municipality or by a municipal association, if:
1.
this community or community association is over-indebted at the time of the beginning of the basic renovation or would be over-indebted by the fulfilment of the obligation pursuant to § 3 (2) and the implementation of replacement measures in accordance with § 7,
2.
any measure with which the obligation to comply with Article 3 (2) may be fulfilled shall be accompanied by additional costs; paragraph 2, second sentence, 3 and 4 shall also apply accordingly; and
3.
The municipality or the municipal association shall determine, by decision, the existence of the conditions laid down in point 2, without prejudice to the relevant decision-making arrangements.
(3) The obligation pursuant to § 3 (1) or (2) shall not apply to public buildings abroad, insofar as their performance and the implementation of substitute measures in accordance with § 7 are contrary to grounds of concern for reasons of overriding reasons in the place of the individual.

Footnote

§ 9 para. 1 no. 2 sentence 2 Altern. 1 idF d. G v. 7.8.2008 I 1658: Bavaria-Deviation by Art. 15 (3) sentence 1 and Paragraph 4, first sentence, of the Act on the responsibilities of the enforcement of the law on economic law (ZustWiG) idF d. Bek v. 24.1.2005 (GVBl p. 17, BayRS 700-2-W), as last amended by § 1 of G v. 21.12.2010 (GVBl p. 848) mWv 1.1.2011 (cf. BGBl. I 2011, 64)
§ 9 para. 1 no. 2 sentence 2 Altern. 1 idF d. G v. 22.12.2011 I 3044: Sachsen-Anhalt-Deviation by § 2 para. 1 sentence 1 d. Regulation on implementation Renewable Energy-Heat Act (EEWärmeG-DVO) v. 1.2.2013 GVBl. LSA p. 54 in conjunction with § 4 sentence 1 d. Execution Act d. State of Saxony-Anhalt on the Renewable Energies Heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA p. 649, 650 mWv. 9.3.2013 (cf. BGBl. I 2013, 489) Unofficial table of contents

§ 10 Nachweise

(1) The pledges must:
1.
compliance with the minimum proportion of biomass and biomass supplied as provided for in Article 5 (2) and (3), in accordance with paragraph 2,
2.
compliance with the other requirements set out in points I to VIII of the Appendix to this Act, in accordance with paragraph 3;
3.
the existence of an exception in accordance with section 9 (1) (1) in accordance with paragraph 4
. In the case of public buildings, the obligations set out in the first sentence must not be fulfilled. In the case of § 6, the obligations laid down in the first and second sentences of the first sentence shall be deemed to be fulfilled if they are already fulfilled by a pledge in the case of several meals. In the case of § 8, the obligations set out in the first and second sentences of 1 and 2 must be fulfilled for the renewable energy or replacement measures implemented in each case. (2) The pledges must be made when using supplied goods.
1.
Gaseous and liquid biomass shall be charged to the fuel supplier in accordance with the provisions of point II.4 of the Annex to this Act
a)
for the first five calendar years from the date of entry into service of the heating system of the competent authority, by 30 June of the following year,
b)
for the following ten calendar years
aa)
shall be kept for at least five years from the date of delivery, and
bb)
submit, on request, to the competent authority,
2.
Solid biomass for the first 15 years from the year of commissioning of the heating system
a)
shall be kept for at least five years from the date of delivery, and
b)
shall submit to the competent authority upon request.
(3) In order to demonstrate compliance with the requirements set out in points I to VIII of the Appendix to this Act, the pledge shall be required to provide proof of compliance with the provisions of the second sentence of this Act.
1.
the competent authority shall, within three months from the date of the commissioning of the heating system of the building and thereafter, on request, submit it; and
2.
shall be kept for at least five years from the date of commissioning of the heating system, if the evidence is not kept by the Authority.
The evidence referred to in the first sentence shall be the evidence specified in points I.2, II.5, III.3, IV.2, V.5, VI.3, VII.5 and VIII.2 of the Annex to this Act, provided that the Regulation does not specify any different evidence in accordance with the third sentence of the third sentence of paragraph 6; Proofs of origin for heating or cooling from renewable energy sources in accordance with Article 15 of Directive 2009 /28/EC shall not be considered as proof in accordance with the first sentence of the first subparagraph. Sentence 1 shall not apply if the facts to be proved with the evidence are already known to the competent authority. (4) In the event of an exception, the pledge must be the competent authority in accordance with Article 9 (1) (1) of the competent authority. indicate within three months from the commissioning of the heating system that the fulfilment of the obligation pursuant to § 3 (1) and the execution of substitute measures in accordance with § 7 of public law are contradicted or technically impossible. In the event of an objection to public service obligations, this shall not apply if the competent authority already has knowledge of the facts which justify the opposition to those obligations. In the event of a technical impossibility, the Authority shall be required to submit a certificate from a knowledgeable person with the notification. (5) It shall be prohibited to prove incorrect or not, in proof, notification or certificate referred to in paragraphs 2 to 4; (6) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to simplify and standardise the verification procedure in agreement with the Federal Ministry of Transport, Building and Nuclear Safety. Urban development through legal regulation with the approval of the Federal Council Forms for To introduce evidence, advertisements or certificates referred to in paragraphs 2 to 4. This shall not apply to the evidence referred to in point VII.5 of the Annex to this Act. The legal regulation referred to in the first sentence may provide that:
1.
in addition to the evidence, advertisements or certificates referred to in paragraphs 2 to 4, further data must be provided to the Authority, in so far as this is necessary for the supervision of the obligation pursuant to Section 3 (1) or for the purpose of their removal pursuant to Article 9 (1) point 1 is required; this includes rules on the protection of personal data;
2.
in the evidence, the share of renewable energies must be shown in the heating and cooling energy requirements of the building; if heat pumps are used, the proportion shall be calculated in accordance with Annex VII to Directive 2009 /28/EC,
3.
by way of derogation from the evidence provided for in points I.2, II.5, III.3, IV.2, V.5, VI.3 and VIII.2 of the Annex to this Act, other evidence referred to in paragraph 3 shall be submitted and kept by the competent authority.

Footnote

§ 10 idF d. G v. 15.7.2009 I 1804: Bremen-Deviation by § 2 of the Ordinance on the Implementation of the Energy Saving Ordinance and the Renewable Energies Heat Act in the Land of Bremen (EnEV/EEHeat GV) v. 21.12.2010 BremGBl. See 690 mWv 29.12.2010 (cf. BGBl. I 2011, 63)
§ 10 (3) sentence 1 No. 1 idF d. G v. 22.12.2011 I 3044: Sachsen-Anhalt-Deviation by § 1 d. Regulation on implementation Renewable Energy-Heat Act (EEWärmeG-DVO) v. 1.2.2013 GVBl. LSA p. 54 in conjunction with § 4 sentence 1 d. Execution Act d. State of Saxony-Anhalt on the Renewable Energies Heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA p. 649, 650 mWv. 9.3.2013 (cf. BGBl. I 2013, 489)
§ 10 para. 3 sentence 2 idF d. G v. 22.12.2011 I 3044: Sachsen-Anhalt-Deviation by § 2 para. 2 d. Regulation on implementation Renewable Energy-Heat Act (EEWärmeG-DVO) v. 1.2.2013 GVBl. LSA p. 54 in conjunction with § 4 sentence 1 d. Execution Act d. State of Saxony-Anhalt on the Renewable Energies Heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA p. 649, 650 mWv. 9.3.2013 (cf. BGBl. I 2013, 489)
§ 10 para. 4 sentence 1 idF d. G v. 22.12.2011 I 3044: Sachsen-Anhalt-Deviation by § 1 d. Regulation on implementation Renewable Energy-Heat Act (EEWärmeG-DVO) v. 1.2.2013 GVBl. LSA p. 54 in conjunction with § 4 sentence 1 d. Execution Act d. State of Saxony-Anhalt on the Renewable Energies Heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA p. 649, 650 mWv. 9.3.2013 (cf. BGBl. I 2013, 489) Unofficial table of contents

§ 10a Information on the role of the model

The public authorities must inform the public about the performance of the role model function on the Internet or in any other appropriate way; this can also be done within the framework of the active and systematic information provided to the public in accordance with the provisions of the Federal Government and the Federal Government. Countries on access to environmental information. The public authorities must, in particular, inform them of:
1.
in the case of the use of biomass for the fulfilment of the minimum part provided for in Article 5 (2) or (3) or (5a), in the first 15 calendar years from the year of the commissioning of the heating system or the completion of the basic renovation,
2.
in the case of the exception referred to in Article 9 (2) (2), on the calculation and the assumptions on which the calculation is based.
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§ 11 Review

(1) The competent authorities must, at least by means of appropriate sampling procedures, control the performance of the obligation pursuant to § 3 (1) and the accuracy of the evidence in accordance with § 10. (2) The persons responsible for the execution of this law are shall be entitled to enter, in the performance of their duties, land and construction installations, including the flats. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent.

Footnote

§ 11 para. 1 idF d. G v. 7.8.2008 I 1658: Bavaria-Deviation by Art. 15 (3) sentence 1 and Paragraph 4, first sentence, of the Act on the responsibilities of the enforcement of the law on economic law (ZustWiG) idF d. Bek v. 24.1.2005 (GVBl p. 17, BayRS 700-2-W), as last amended by § 1 of G v. 21.12.2010 (GVBl p. 848) mWv 1.1.2011 (cf. BGBl. I 2011, 64) Unofficial table of contents

§ 12 Jurisdiction

The authority of the authorities is governed by the law of the country.

Part 3
Financial support

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§ 13 Funding

The use of renewable energies for the generation of heat or cold will be supported by the federal government as required in the years 2009 to 2012 with up to 500 million euros per year. Detailed rules are laid down by administrative provisions of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministry of Finance. Unofficial table of contents

Section 14 Measures promoted

(1) Measures for the production of heat or cold, in particular the establishment or extension of
1.
solarthermal plants,
2.
Installations for the use of biomass,
3.
Installations for the use of geothermal energy and environmental heat as well as
4.
Heat networks, storage and transfer stations for heat users, if they are also supplied from installations according to points 1 to 3.
(2) Subject to further requirements for the promotion in the administrative provisions according to § 13 sentence 2
1.
solarthermal plants with liquids as heat transfer medium only eligible if they are certified with the European test mark "Solar Keymark". The certification must be in accordance with DIN EN 12975-1 (2006-06), 12975-2 (2006-06), 12976-1 (2006-04) and 12976-2 (2006-04) 2) ,
2.
Installations for the use of solid biomass only eligible if the conversion efficiency reaches at least the following values:
a)
89 per cent of heating or hot water heating systems which fulfil the obligation to comply with Article 3 (1) or (2),
b)
85% for heating or hot water installations which are not intended to fulfil the obligation to comply with Article 3 (1) or (2), and
c)
70 per cent of installations which do not serve heating or hot water preparation.
The conversion efficiency is in the case of biomass boilers of the boiler efficiency determined in accordance with DIN EN 303-5 (1999-06), in the case of biomass furnaces of the fire efficiency determined in accordance with DIN EN 14785 (2006-09) and in the other cases of the Efficiency calculated in accordance with the recognized rules of technology. By way of derogation from the provisions of the first sentence of Article 13 (2), the administrative provisions referred to in Article 13 (2) may also establish a lower level of conversion efficiency for the installations referred to therein, provided that such installations meet specific environmental requirements,
3.
Heat pumps for the use of geothermal energy, environmental heat or waste heat only eligible if they are awarded one of the following signs:
a)
the Community eco-label "Euroblume" 3) ,
b)
the eco-label "Blauer Engel" 4) or
c)
"European Quality Label for Heat Pumps" (version 1.3) 5) .
By way of derogation from the first sentence of the second sentence of paragraph 13, the administrative provisions for the signs referred to therein may stipulate that the signs must have been awarded in the event of changes in their award bases in accordance with these new award bases. By way of derogation from the first sentence, the administrative provisions may also stipulate that heat pumps shall also be eligible if they meet requirements in accordance with other European or Community standards, provided that they meet the requirements for the award of the Characters in accordance with sentence 1.
2)
Official note: All DIN standards cited are published in Beuth Verlag GmbH, Berlin and Cologne, and archived at the German Patent and Trademark Office in Munich.
3)
Official note: the Community eco-label 'Euroblume' shall be awarded in accordance with Commission Decision 2007 /742/EC of 9 November 2007 laying down the ecological criteria for the award of the Community eco-label to electric, gas-powered or gas-powered motor vehicles, or Gas absorption heat pumps (OJ L 196, 27.7.2001 OJ L 301 of 20.11.2007, p. 14).
4)
Official note: The "Blue Angel" eco-label is awarded in accordance with RAL-UZ 118, "Energy-saving heat pumps according to the absorption principle, the adsorption principle or the compressors driven by combustion engines" (2008-03) and RAL-UZ 121 "Energy-saving heat pumps with electrically driven compressors" (2008-05). The award bases can be found at the RAL German Institute for Quality Control and Labelling ("RAL"). V., Sankt Augustin.
5)
Official note: The test mark "European Quality Label for Heat Pumps" is awarded on the basis of the award criteria of the "European Heat Pump Association" (EHPA) for heat pumps with direct evaporation of the refrigerant (version 1.3, 2009-02), for Water/water and brine/water heat pumps (version 1.3, 2010-02) as well as for air/water heat pumps (version 1.3, 2010-02). The award bases can be obtained from the EHPA, Rue d' Arlon 63-67, B-1040 Brussels, or via the website www.ehpa.org.
Unofficial table of contents

§ 15 Relationship to duty to use

(1) Measures cannot be promoted insofar as they serve the fulfilment of the obligation pursuant to § 3 paragraph 1, the obligation pursuant to § 3 paragraph 2 or a national duty pursuant to § 3 paragraph 4, point 2. (2) Paragraph 1 shall not apply to the following measures:
1.
Measures which meet technical or other requirements which:
a)
in the case referred to in Article 3 (1) or (2), more demanding than the requirements laid down in points I to VI of the Annex to this Act, or
b)
in the case of § 3 (4) (2) more demanding than the requirements according to the national legal obligation
,
2.
Measures to cover the heat and cooling energy requirements in a proportion which
a)
in the case of § 3 (1) or (2) by 50 per cent higher than the minimum percentage in accordance with § 5 or § 5a or
b)
in the case of § 3 (4) (2), higher than the legally required minimum part
is,
3.
Measures to be taken with further measures to increase energy efficiency,
4.
Measures for the use of solar thermal systems also for the heating of a building and
5.
Measures for the use of deep geothermal energy.
(3) The promotion may be related to the overall measure in the cases referred to in paragraph 2. (4) Details shall be laid down in the administrative provisions according to § 13 sentence 2. (5) Promotion measures by the country or by a credit institution to which the Confederation or participating in the country, shall remain unaffected.

Part 4
Final provisions

Unofficial table of contents

§ 16 Connection and use of use

The municipalities and municipal associations may also, for the purposes of climate and climate change, be able to use a provision according to national law authorizing them to establish a connection and use requirement for a network of public district heating or district heating systems. Use resource protection. Unofficial table of contents

§ 16a Installateurs for renewable energies

For the training of installers for the installation of heat pumps or plants for the generation of electricity, heat or cooling from biomass, solar radiation energy or geothermal energy, the Chambers of Craftwork can provide further training in accordance with § 42a of the Craft order and in accordance with the provisions of Annex IV to Directive 2009 /28/EC. Unofficial table of contents

Section 17 Penal rules

(1) Administrative offences are those who are intentional or reckless
1.
Contrary to § 3 (1), the need for heating and cooling energy is not or is not properly covered by renewable energy sources,
2.
, contrary to Section 10 (1) sentence 1, proof not, not correct, not fully or not provided in good time,
3.
, contrary to Article 10 (2) (1) (b) (a) (aa) or (2) (a) or (3) sentence 1 (2), a proof of not or not at least five years is retained; or
4.
, contrary to Section 10 (5), an incorrect or incomplete indication is made.
(2) In the cases referred to in paragraph 1 (1), (2) and (4), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in the case of paragraph 1 (3), with a fine of up to 20 000 euro. Unofficial table of contents

§ 18 Experience report

Until 31 December 2011, and every four years thereafter, the Federal Government has to submit a report on this law to the German Bundestag and every four years thereafter. It shall, in particular,
1.
the state of the market launch of plants for the generation of heat and cold from renewable energies in order to achieve the purpose and objective of § 1,
2.
technical development, cost development and the economic viability of these installations;
3.
the amount of mineral oil and natural gas saved, as well as the reduced emissions of greenhouse gases, and
4.
the enforcement of this law
report. The experience report makes suggestions for the further development of the law. Unofficial table of contents

Section 18a Reports of the Länder

In order for the Federal Government to be able to draw up the reports provided for in Article 22 of Directive 2009 /28/EC and the experience report in accordance with § 18, the Federal Government shall report for the first time up to 30 June 2011, then until 30 April 2013 and thereafter every two years thereafter.
1.
Experience with the role model function in accordance with § 1a,
2.
the measures taken or planned to promote the production of heat and cold from renewable energy sources, in particular the rules laid down in Article 3 (4), and
3.
the enforcement of this law.
The first paragraph of paragraph 1 shall not apply to the report to be submitted by 30 June 2011. The reports referred to in sentence 1 shall not contain personal data. Unofficial table of contents

Section 19 Transitional provisions

(1) § 3 (1) sentence 1 shall not apply to the construction of buildings if the construction application or the application for approval is submitted for the project before 1 January 2009 or the construction advertisement is reimbursed. (2) § 3 (1) sentence 1 is not shall apply to the establishment of buildings which are not in need of approval and which shall be notified to the competent authority in accordance with the provisions of the Rules of Procedure, provided that the necessary information has been provided to the Authority before 1 January 2009. § 3 (1) sentence 1 shall not apply to other non-approved, in particular approval, display and process-free erections of buildings, if the construction is commenced before 1 January 2009. (3) § 3 paragraph 1 Sentence 2, Article 3 (2) and point VII.2 of the Annex to this Act shall not apply to the erection or fundamental renovation of public buildings if the project or the request for consent is submitted to the project before 1 July 2011. , or the construction display is reimbursed. Article 3 (1), second sentence, section 3 (2) and point VII.2 shall apply to the non-approval of the building or the basic renovation of public buildings which are to be brought to the attention of the competent authority in accordance with the rules of construction law. shall not apply to this Act if the necessary information to the Authority has been made before 1 July 2011. Article 3 (1), second sentence, section 3 (2) and point VII.2 of the annex to this Act shall apply to other non-approved, in particular approval, display and process-free executions and basic renovations of public buildings. (4) § 3 (3) is due to the basic renovation of public buildings by the public authorities on the basis of a rental or rent of public buildings on 1 May 2011; or Lease relationships are used until the end of this rental or lease relationship (5) In addition, this Act shall apply to the construction of buildings as amended at the time of the construction or approval of the building or of the construction display. The establishment of buildings which are not subject to approval, and which must be brought to the attention of the competent authority in accordance with the rules of construction law, shall be applied in the version to which the competent authority shall be informed at the time of the notification. Authority shall apply. This law shall apply to other non-approved, in particular permit, display and process-free designs of buildings, which shall apply at the time of the commencement of the construction. Unofficial table of contents

Section 20 Entry into force

This Act shall enter into force on 1 January 2009. Unofficial table of contents

Installation Requirements for the use of renewable energies and replacement measures

(Fundstelle: BGBl. I 2008, 1663-1665;
with regard to of the individual amendments. Footnote)
I.
Solar radiation energy
1.
If solar radiation energy is used by solar thermal systems, the following shall apply:
a)
the minimum proportion referred to in Article 5 (1) is fulfilled if:
aa)
in the case of residential buildings with a maximum of two apartments, solar thermal installations with an area of at least 0.04 square metres of aperture area per square metre of floor space, and
bb)
in the case of residential buildings with more than two apartments, solar thermal systems with an area of at least 0.03 square metres of aperture area per square metre of floor space
be installed; the countries may set higher minimum areas to this extent,
b)
the use as a substitute measure in accordance with Article 7 (2) only if solar thermal installations with an area of at least 0.06 square metres of aperture area per square metre of floor space are installed,
c)
use of solar thermal systems with liquids as heat carriers only as compliance with the obligation pursuant to § 3 (1) or (2) or as a substitute measure in accordance with § 7 (2), if the plants with the European test mark "Solar Keymark" § 14 (2) (1) sentence 2 shall apply accordingly.
2.
For the purposes of Section 10 (3), the certificate "Solar Keymark" shall be issued for the purposes of point (1) (c).
II.
Biomass
1.
Gaseous biomass
a)
The use of gaseous biomass shall only be deemed to be the fulfilment of the obligation under Section 3 (1) if the use is carried out in a cogeneration plant.
b)
The use of gaseous biomass shall be deemed to be the fulfilment of the obligation under Section 3 (2) only if the use is made in a boiler which corresponds to the best available technology, or in a cogeneration plant.
c)
The use of gaseous biomass which has been processed and fed into the natural gas network (biomethane) shall be deemed to be the fulfilment of the obligation referred to in Article 3 (1) or (2), without prejudice to points (a) and (b), unless:
aa)
in the preparation and feeding of the biomethane the conditions laid down in point 1 (a) to (c) of Annex 1 to the Renewable Energy Sources Act of 25 June 2013. October 2008 (BGBl. 2074), as amended on 31 July 2014, and
bb)
the amount of biomethane taken from the heat equivalent at the end of a calendar year corresponds to the quantity of gas from biomass that has been fed into the gas grid elsewhere, and if the total transport and distribution of the biomethane is have been used from its production, its supply to the natural gas network and its transport in the natural gas network, until its extraction from the natural gas network, mass balance systems.
2.
Liquid biomass
a)
The use of liquid biomass shall only be deemed to be the fulfilment of the obligation to comply with § 3 (1) or (2) if the use is made in a boiler which corresponds to the best available technology.
b)
Without prejudice to point (a), the use of liquid biomass shall be deemed to be the fulfilment of the obligation referred to in Article 3 (1) or (2) only if the biomass used for the production of heat meets the following requirements:
aa)
the requirements for sustainable cultivation and sustainable production, which are the Biomass Power Sustainability Ordinance of 23 July 2009 (BGBl. 2174), the most recent of which is Article 5 of the Law of 12 April 2011 (BGBl. 619), as amended in each case, and
bb)
the greenhouse gas reduction potential which must be at least achieved in the generation of heat in the appropriate application of § 8 of the Biomass Power Sustainability Regulation. § 10 of the Biomass Power Sustainability Ordinance is not applicable. In the calculation of the greenhouse gas mitigation potential, the reference value for fossil fuels (EF) as specified in point 4 of Appendix 1 to the Biomass Current Sustainability Regulation
-
for liquid biomass used for heat generation, 77 g CO2eq/MJ and
-
for liquid biomass used for heat generation in combined heat and power, 85 g CO2eq/MJ.
c)
(dropped)
3.
Solid biomass
a)
The use of solid biomass shall be deemed to be the fulfilment of the obligation pursuant to Article 3 (1) or (2) if the conversion efficiency calculated in accordance with Article 14 (2) (2), second sentence, does not fall below the following values:
aa)
86 per cent for heating or hot water heating systems up to and including 50 kilowatts,
bb)
88% for heating or hot water heating systems with a capacity of more than 50 kilowatts, or
cc)
70 per cent of installations which do not serve heating or hot water preparation.
b)
The use of solid biomass in the operation of combustion plants within the meaning of the Regulation on small and medium-sized combustion plants of 26 January 2010 (BGBl. 38) in the version in force in each case, without prejudice to the provisions of point (a), only fulfilment of the obligation pursuant to Article 3 (1) or (2) shall apply if:
aa)
the use is made in a
-
Biomass boiler or
-
Automatically charged biomass furnace with water as heat transfer medium,
bb)
the requirements of the Regulation on small and medium-sized combustion plants are met; and
cc)
only biomass according to § 3 (1) (4), (5), (5a) or (8) of this Regulation is used.
4.
Proof of the requirements of the supplied biomass The financial statements of the fuel suppliers with which the fulfilment of the minimum parts provided for in § 5 (2) and (3) (1) is established in accordance with § 10, paragraph 2, point 1, shall be subject to the following Certificates shall contain:
a)
in the case of the use of gaseous biomass, the certificate that the requirements referred to in point 1 (c) have been met,
b)
in the case of the use of liquid biomass, a recognised proof according to § 14 of the Biomass Power Sustainability Ordinance. If this evidence is not included in the greenhouse gas mitigation potential data for the use for which the liquid biomass is used, it is necessary to provide evidence that the liquid biomass used is the Greenhouse gas mitigation potential is also present in this use. This can be certified by the authority that issued the certificate or by a certification body recognised in accordance with § 42 of the Biomass Power Sustainability Ordinance. Insofar as the Federal Institute for Agriculture and Food is aware of a method for the conversion of the greenhouse gas reduction potential for different uses in the Federal Gazette according to § 21 paragraph 1 sentence 2 of the Biomass Power Sustainability Regulation , this may also serve as proof in accordance with the first sentence.
5.
Proof of the other requirements of the requirement laid down in Article 10 (3) that the requirements referred to in point 1 (a), (2) (a) or (3) (a) and (b) are satisfied, shall be certified by an expert, the Plant manufacturer or specialist operator who has installed the installation.
III.
Geothermal and environmental heat
1.
a)
If geothermal energy and environmental heat are used by electrically driven heat pumps, this use shall only be deemed to be the fulfilment of the obligation pursuant to Article 3 (1) or (2) if:
-
the useful quantity of heat shall be provided at least with the annual number of working hours referred to in point (b);
-
the heat pump has the counters referred to in point (c), and
-
the heat pump is awarded the Community eco-label "Euroblume", the "Blue Angel" eco-label or the "European Quality Label for Heat Pumps" (version 1.3), or the requirements of European or Community , which comply with the requirements for the award of these signs and which are laid down in the administrative provisions according to Article 13, second sentence.
b)
The annual number of working hours shall be:
-
Air/water and air/air heat pumps 3,5 and
-
all other heat pumps 4.0.
If the heating water preparation of the building is carried out by the heat pump or by a substantial proportion of other renewable energy sources, the annual number of working hours shall be different from the first sentence of
-
Air/water and air/air heat pumps 3.3 and
-
all other heat pumps 3, 8.
The annual number 1 or 2 shall also be reduced by a value of 0.2 in the case of heat pumps in buildings which have already been constructed and which are intended to comply with the obligation laid down in Article 3 (2). The annual number of work in accordance with the rates 1 to 3 shall be calculated in accordance with the recognised rules of technology. The calculation is with the power number of the heat pump, with the pump current requirement for the development of the heat source, with the design feed-out and in air/air heat pumps with the design supply temperature for the respective heating system, at Brine/water heat pumps with the brine inlet temperature, water/water heat pumps with the primary-side water inlet temperature and in air/water and air/air heat pumps additionally taking into account the climate area.
c)
The heat pumps must have a thermal energy meter and a current meter, the measured values of which enable the calculation of the annual number of working heat pumps. Set 1 shall not apply to brine/water and water/water heat pumps if the flow temperature of the heating system is proven to be up to 35 degrees Celsius.
2.
Where geothermal and environmental heat are used by heat pumps driven by fossil fuels, this use shall be deemed to be the fulfilment of the obligation to comply with § 3 (1) or (2) only if:
-
the useful quantity of heat shall be provided at least with the annual working number of 1.2; point 1 (b), fourth and fifth sentences, shall apply accordingly; and
-
the heat pump has a heat-control and fuel meter, the measured values of which make it possible to calculate the annual working number of the heat pump; the second sentence of point 1 (c) shall apply accordingly; and
-
the heat pump is awarded the Community eco-label "Euroblume" or the "Blue Angel" eco-label, or meets requirements in accordance with European or Community standards which meet the requirements for the award of these signs and are laid down in the administrative provisions according to Article 13, sentence 2.
3.
Certificates within the meaning of § 10 (3) are the certificate of an expert and the eco-label "Euroblume", the eco-label "Blauer Engel", the test mark "European Quality Label for Heat Pumps" or an equivalent proof.
IV.
Refrigeration from renewable energy sources
1.
The use of refrigeration from renewable energies shall only be deemed to be the fulfilment of the obligation pursuant to Article 3 (1) or (2) if:
a)
the cold is made technically usable
aa)
by direct cooling from the ground or from ground or surface water, or
bb)
by thermal cooling with heat from renewable energies within the meaning of § 2 (1) (1) to (4),
b)
the cold is used to satisfy the refrigeration requirement for room cooling in accordance with Article 2 (2) (9) (b); and
c)
the final energy consumption for the production of the cold, the re-cooling and the distribution of the cold has been reduced according to the best available technology.
The technical requirements referred to in points I to III shall apply accordingly. The amount of cold required for the fulfilment of the obligation referred to in Article 3 (1) or (2) shall include the heat used for the purposes of the first sentence of 1 (b), but not the heat used to drive thermal refrigeration plants.
2.
Proof within the meaning of § 10 (3) shall be the certificate of an expert.
V.
Waste heat
1.
Where waste heat is used by heat pumps, points III.1 and III.2 shall apply accordingly.
2.
Where waste heat is used by ventilation systems with heat recovery, such use shall be deemed to be a substitute measure in accordance with Article 7 (1) (1) (a) only if:
a)
the heat recovery level of the plant is at least 70 per cent and
b)
the number of benefits determined from the ratio of heat coming from heat recovery and used for the use of electricity for the operation of the air-space installation, at least 10
.
3.
Where cold is used which is made technically usable by installations to which waste heat is directly supplied, point IV.1 shall apply, with the exception of the first sentence of 1 (a).
4.
Where waste heat is used by other installations, such use shall be deemed to be a substitute measure in accordance with Article 7 (1) (1) (a) only if it is carried out in accordance with the state of the art.
5.
Proof within the meaning of § 10 paragraph 3 are
a)
for point 1, the certificate of an expert and the eco-label "Euroblume", the "Blue Angel" eco-label, the "European Quality Label for Heat Pumps" mark, or an equivalent certificate,
b)
for point 2, the certificate of an expert or certificate issued by the plant manufacturer or the specialist holding the installation,
c)
For points 3 and 4, the certificate of an expert.
VI.
Combined heat and power
1.
The use of heat from cogeneration plants shall be deemed to be the fulfilment of the obligation pursuant to Article 3 (1) or (2) and as a substitute measure in accordance with Article 7 (1) (1) (b), if the cogeneration plant is highly efficient within the meaning of Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92 /94/EEC (OJ L 206, 22.7.1992, p. EU No L 52 p. 50). CHP plants with an electrical power below one megawatt are highly efficient if they provide primary energy savings as defined in Annex III to Directive 2004 /8/EC.
2.
The obligation pursuant to § 3 (1) or (2) and the replacement measure pursuant to Article 7 (1) (1) (b) shall also be deemed to be fulfilled, provided that cold is used which is made technically usable by installations which have direct heat from a CHP plant in the The meaning of point 1 is supplied. Point IV.1 shall apply by analogy with the exception of the first sentence of 1 (a).
3.
Proof within the meaning of section 10 (3) shall be the use of heat or cold from cogeneration plants,
a)
which is self-catering, the certificate of a knowledgeable person, the plant manufacturer or the specialist establishment who has installed the plant,
b)
that the pledge does not operate on its own, the certificate of the plant operator.
VII.
Measures to save energy
1.
Energy saving measures shall only be deemed to be a substitute measure in accordance with Article 7 (1) (2), if they are to be used in the construction of buildings.
a)
the respective maximum value of the year-primary energy needs and
b)
the respective requirements for the thermal insulation of the building envelope, which are to be met for the specific building
in accordance with the German Energy Saving Ordinance, the current version will fall below 15 percent.
2.
In the case of public buildings, measures to save energy shall be deemed to be a substitute measure in accordance with Section 7 (1) (2), subject to the provisions of Section 19 (3), only if it is
a)
in the case of the construction of public buildings, by way of derogation from point 1, the coefficient of transmission heat transfer by at least 30 per cent; or
b)
in the basic renovation of public buildings, the 1.4-fold value of the transmission heat transfer coefficient by at least 20 per cent
shall be undershot. The transmission heat transfer coefficient within the meaning of the sentence 1 shall be the specific transmission heat transfer coefficient of the reference building of the same geometry, net base area, orientation and use, related to the heat-transmitting surface area including the arrangement of the units of use according to Appendix 2, Table 1 of the Energy Saving Regulation, as amended on 1 May 2011. The transmission heat transfer coefficient is determined in accordance with point 6.2 of DIN V 18599-2 (2007-02), the heat-transmitting surrounding area is determined in accordance with DIN EN ISO 13789 (1999-10), case "external dimension", so that all thermally conditioned rooms of the The building is surrounded by this area. In the case of the basic renovation of public buildings, the first sentence of point (b) shall be deemed to be fulfilled even if, after the basic renovation, the public building meets the requirements for buildings to be erected in accordance with Article 4 of the Energy Saving Ordinance in the the version in force on 1 May 2011.
3.
Measures to save energy used in whole or in part renewable energies, waste heat or heat from cogeneration in order to meet the heating and cooling requirements shall be deemed to be without prejudice to points 1 or 2 only then: Replacement measure pursuant to Article 7 (1) (2) if they satisfy the requirements of points I to VI.
4.
To the extent that other legislation places higher requirements on structural heat protection than the Energy Saving Ordinance, these requirements replace the requirements of the Energy Saving Ordinance in point 1.
5.
Proof within the meaning of § 10 (3) is the energy certificate according to § 18 of the Energy Saving Ordinance.
VIII.
District heating or cooling
1.
The use of district heating or cooling can only be considered as a substitute measure in accordance with Article 7 (1) (3), if the heat or cold in the heating or cooling system as a whole is distributed.
a)
to a significant share of renewables,
b)
at least 50 per cent from installations for the use of waste heat,
c)
at least 50 per cent from CHP plants or
d)
at least 50 per cent by a combination of the measures referred to in points (a) to (c)
. Points I to VI shall apply accordingly.
2.
Proof within the meaning of § 10 (3) is the certificate of the heat or cold network operator.