Law On The Promotion Of Renewable Energies In The Heating Sector

Original Language Title: Gesetz zur Förderung Erneuerbarer Energien im Wärmebereich

Read the untranslated law here: http://www.gesetze-im-internet.de/eew_rmeg/BJNR165800008.html

Law for the promotion of renewable energies in the heating sector (renewable energies heat Act EEWärmeG) EEWärmeG Ausfertigung date: 07.08.2008 full quotation: "renewable energies heat Act of August 7, 2008 (BGBl. I p. 1658), most recently by article 14 of the law of July 21, 2014 (BGBl. I S. 1066) is has been modified" stand: last amended by article 14 G v. 21.7.2014 I 1066 for more information on the stand number you find in the menu under notes *) the obligations arising from the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 on a Information procedure on standards and technical regulations, and the rules for the services of the information society (OJ EC No. L 204, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ EC No. L 217, p. 18), have been observed.
Footnote (+++ text detection from: 1.1.2009 +++) (+++ official note of the standard authority on EC law: implementation of EGRL of 98 at the 34 (CELEX Nr: 398 L 0034) +++) table of contents Part 1 General provisions § 1 purpose and objective of the Act § 1a role of public buildings section 2 definitions Part 2 renewable § 3 obligation to use section 4 scope of the obligation to use section 5 share of renewable energy in new buildings § 5a share of renewable energy in basic renovated public buildings section 6 supply several buildings § 7 replacement measures article 8 combination § 9 exceptions article 10 evidence § 10a information about the role of section 11
Review § 12 jurisdiction part 3 financial support article 13 funds § 14 sponsored measures article 15 relationship to use obligations part 4 final provisions § 16 connection and use compulsion § 16a installers for renewable energies section 17 penalty provisions article 18 experience report § 18a reports the countries article 19 transitional provisions article 20 entry into force system requirements on use of renewables and alternative measures part 1 General provisions article 1 purpose and goal of the Act (1) purpose this law it is , in particular in the interest of climate protection, the conservation of fossil resources and the reduction of dependence on energy imports, to enable sustainable development of energy supply and to promote the development of technologies for the production of heating and cooling from renewable energy sources.
(2) in order to achieve the purpose of paragraph 1, while respecting the economic justification, this law aims to help up to 14 per cent by 2020 to increase the share of renewable energy in final energy consumption for heating and cooling.

§ 1a role of public buildings is a role model in the context of the purpose and goal of public buildings referred to in § 1. This role is also public buildings abroad, which are owned by the public sector.

Article 2 definitions (1) are renewable energy sources within the meaning of this Act 1 heat removed from the ground (geothermal), 2 removed from the air or water and made technically usable heat with the exception of waste heat (ambient heat), 3 by use of solar radiation to heat energy needs technically usable canned heat (solar energy), 4 the heat generated from solid, liquid and gaseous biomass. The demarcation according to the physical state at the time of the occurrence of biomass in the apparatus for the generation of heat. As biomass in the meaning of this law are recognized only the following energy sources: a) biomass in the biomass regulation in the version applicable up to 31 December 2011, b) biodegradable share of waste from households and industry, c) landfill gas, d) sewage gas, e) sewage sludge in the sewage sludge regulation of 15 April 1992 (BGBl. I p. 912), last amended by article 4 of the regulation by October 20, 2006 (BGBl. I p. 2298) , 2007 i S. 2316), amended and f) vegetable oil methyl ester, and 5. the cold that is taken from the ground or water and made technically usable or technically usable made from heat after the numbers 1 to 4 (cold from renewable energy sources).
(2) for the purposes of this Act, 1 heat is any measure, which on a building in a temporal context of not more than two years of a the heat which is removed from exhaust air and wastewater streams of technical processes and structures, 2. district heating or cooling the heat or cold, which is distributed in the form of steam, hot water or chilled liquids, heat or cooling network, 3. basic renovation) replaced a boiler or the heating system on other fossil energy is converted and b) more than 20 per cent of the surface of the building envelope are renovated, 4th floor space a) in residential buildings the building usable area according to § 2 No. 14 of the energy saving Ordinance of July 24, 2007 (BGBl. I p. 1519) in the currently valid version, b) in non-residential buildings the net floor area according to § 2 No. 15 of the energy saving regulation, 5 public building each non-residential buildings, the a) in the property or possession of which is public and b) aa is used) for tasks of legislation , bb) for tasks of the Executive power, cc) for tasks of the administration of Justice or dd) as a public institution.
Building of public companies are excluded, if they provide services in free competition with private companies, in particular public undertakings to the serving of food and drinks, to the production, storage and distribution of goods, companies of agriculture and forestry or in gardening as well as company for the supply of energy or water. Buildings of the Bundeswehr, which serve the storage of military or civilian goods, are exempt from clause 1. Mixed dwellings are public buildings, if they are predominantly used for tasks or facilities in accordance with the rates of 1 to 3, 6 public sector a) each domestic Corporation, Association of persons or assets of under public law with the exception of religious communities and b) each Corporation, Association of persons or assets of private law, if on their a person referred to in a alone or several persons letter a together directly or indirectly aa) have the majority of the subscribed capital , bb) have the majority of the voting rights attaching to the shares, or cc) more than half of the members of the administrative, management or supervisory body order 7 expert can, any person, the a) is entitled according to article 21 of the energy saving Ordinance to issue energy certificates, each according to the permission that applies to residential or non-residential buildings, or b) aa certified) after training exam regulations of Chambers of Commerce in accordance with the § 16a or bb) after a certification or equivalent qualification system in another Member State of the European Union or a other Contracting State of the agreement on the European economic area in accordance with article 14 (3) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 to promote the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC (OJ L 140 of the 5.6.2009, p. 16), 8 enlisted any person who is committed to the use of renewable energy according to § 3 paragraph 1 or 2, 9 heat and cooling energy demand the sum a) the to cover the heat demand for heating and domestic hot water per year required heat quantity and b) the cooling needs for space cooling each year needed to refrigerant amount, each including the thermal burden of passing , Distribution and storage. The heating and cooling energy demand is calculated according to the technical rules, which applied the appendices 1 and 2 to the energy saving regulation. Insofar as these plants contain no technical rules for the calculation of certain levels of heat and cooling energy requirements, the heating and cooling energy demand is calculated according to the recognised rules of technology; the Federal Ministry for environment, nature conservation and nuclear safety can construction and urban development indicate that in agreement with the Federal Ministry of transport, through publication in the Federal Gazette publications expert bodies on the recognised rules of technology, 10 a) residential building, predominantly that for its intended use living serves, including residential, retirement and nursing homes and similar facilities and b) non-residential buildings each other buildings.
Part 2 use of renewable energies § 3 obligation to use (1) 4, which are newly built, owners of buildings according to § need the heating and cooling energy demand by the proportionate use of renewable energies with the provisions of sections 5 and 6 cover. Sentence 1 shall apply also to the public purse if she rebuilt public buildings according to § 4 abroad.
(2) the public sector must be the heating and cooling energy requirements of already built public buildings according to § 4, who are in their property and will be renovated by the proportionate use of renewable energies in accordance paragraph 2 cover sections 5a and 6. Sentence 1 shall apply also to the public purse if she renovated public buildings according to § 4 abroad.
(3) the public authorities must ensure that in the course of a basic renovation a role model is already built public buildings according to § 4, that are in their possession, but not owned, which complies with the requirements referred to in paragraph 2. For the rental or lease of buildings, this is ensured if 1 first and foremost building be rented or leased, which already meet the requirements referred to in paragraph 2, 2. Secondly rented buildings or leased, owned undertake to comply with the requirements under paragraph 2 in the case of a basic renovation.
Sentence 2 shall not apply if building of the public sector are only transitional rented or leased.
(4) the countries can set an obligation to use renewable energy sources 1 for already built public buildings, with the exception of the public buildings of the Covenant, its own regulations to fulfil the role model according to § 1a meet, and for this purpose differ from the provisions of this Act and 2nd for already constructed buildings which are no public buildings.

§ 4 scope of the obligation to use the obligation in article 3, paragraph 1 or 2 applies to all buildings with a floor space of more than 50 square meters, which heated or cooled, with the exception of 1 under energy use buildings, which are used, mainly to rearing or breeding 2. farm buildings, as far as them according to their purpose of use over a large area and long lasting be need to kept open , 3. underground buildings, 4 under glass plants and cultural areas for breeding, reproduction and sales of plants, 5. air domes and tents, 6 to be reviewed buildings, which are set up and dismantled, and temporary buildings with a planned time of use of up to two years, 7 buildings, dedicated to the worship or other religious purposes, 8 buildings, which are annually designed for a useful life of less than four months , 9 other farm buildings that are heated and cooled every year less than two months, 10 buildings, the part or side of a unit that are within the scope of the greenhouse gas emissions trading act by July 21, 2011 according to their intended purpose on an internal temperature of less than 12 degrees Celsius or per year less than four months (Federal Law Gazette I p. 1475) is covered in the current version, and 11 buildings of the Bundeswehr , as far as the fulfilment of the obligation under § 3 paragraph 1 or 2 of the type and the main purpose preclude the activity of the Bundeswehr.

§ 5 share of renewable energy in new buildings (1) use of solar radiation energy in accordance with the point I of the annex to this law meets the obligation according to § 3 para 1 this that the heating and cooling energy demand is covered by at least 15 percent from this.
(2) when use of gaseous biomass according to the number II. 1 of annexed to this law is satisfied the obligation pursuant to § 3 para 1 this that the heating and cooling energy demand is covered by at least 30 percent from this.
(3) in the case of use of 1 liquid biomass according to the number II. 2 of the annex to this law and 2 solid biomass in accordance with number II. 3 of annexed to this law is fulfilled the obligation pursuant to § 3 para 1 this that the heating and cooling energy demand is covered by at least 50 percent from this.
(4) in the case of use of geothermal energy and ambient heat in accordance with the point III of the annex to this law, the obligation is satisfied according to § 3 para 1 this that heating and cooling energy demand is covered by at least 50 percent of the equipment for the use of this energy.
(5) in the case of use of cooling from renewable energy sources in accordance with the number of IV of the annex to this law, the obligation is satisfied according to § 3 paragraph 1 this that heating and cooling energy demand is covered at least in the amount of the share pursuant to sentence 2 from this. Significant share is the proportion that after applies paragraphs 1 to 4 of the renewable energy produced from the cold. The cold by means of a thermal compressor production produced by the direct supply of heat, is the portion that applies also in the case of a pure heat generation (without cooling) from the same energy source. The cold directly provided by use of geothermal energy or environmental heat, applicable also for heat generation from these sources share 50 percent of the heating and cooling energy demand is valid.

§ 5a share of renewable energy in basic renovated public buildings (1) use of gaseous biomass according to the number II. 1 of annexed to this law is satisfied the obligation pursuant to article 3 paragraph 2 as a result that the heating and cooling energy demand is covered by at least 25 percent from this.
(2) in the case of other renewable energy according to the numbers I to IV of the annex to this law, that duty is done pursuant to article 3 paragraph 2 as a result that the heating and cooling energy demand is covered by at least 15 percent this.

§ 6 supply multiple buildings (1) which can duty pursuant to section 3 para 1 are met by that debtor, whose building are in spatial context, their heat and cooling energy demand total cover an amount, which is the sum of the individual obligations pursuant to section 5. Committed for this purpose operate one or more plants for the production of heating or cooling from renewable energy sources, they may require from the neighbors, that them to the operation of the facilities to the extent necessary and reasonable the use of their land, in particular the entering, and tolerate against adequate compensation the guide lines on their land.
(2) in the case of public buildings, the obligation can be fulfilled according to § 3 paragraph 1 or 2 by the fact that debtor, whose building in a property are, overall, to an extent cover their heating and cooling energy demand, corresponds to the sum of the individual obligations according to § 5 or § 5a.

§ 7 alternative measures (1) the obligation under article 3, paragraph 1 or 2 shall be considered fulfilled, if obligated party 1 the heating and cooling energy needs at least 50 percent a) from plants for the use of waste heat in accordance with the number V of the annex to this law or b) from power heat and power plants (CHP) cover in accordance with the number VI of the annex to this law; Article 5, paragraph 5, sentence 3, section 6, paragraph 1, sentence 1 and § 6 paragraph 2 shall apply mutatis mutandis, 2.
Measures of saving energy in accordance with the number VII of the annex to this law or 3. district heating or cooling related in accordance with the number VIII of the annex to this law and pursuant to sentences 2 and 3 here cover the heating and cooling energy consumption at least in the amount of the share. Significant share is the proportion, according to § 5, article 5a or number is 1 for the energy, district heating or cooling completely or partially originated. In the calculation pursuant to sentence 1 only the related amount of district heating or cooling will be applied, mathematically, dating from renewable energy plants for the use of waste heat or from CHP plants.
(2) the obligation in article 3 paragraph 2 shall also be met when on the roof of the public building solar thermal plants in accordance with the point I of the annex to this Act by the owner or a third party, if with these plants generated heat or cold is made to third parties to cover the heating and cooling energy demand of buildings available and is used by these third parties not to comply with an obligation under article 3 paragraph 1 to 4.

Combination (1) renewable energy and alternative measures pursuant to § 7 can section 8 to the fulfilment of the obligation pursuant to article 3, paragraph 1 or 2 with each other and are combined.
(2) the percentages of the actual use of each renewable energy and alternative measures in the sense of paragraph 1 in relation to the use provided for each under this Act must result in the sum of 100.

§ 9 exemptions (1) the duty pursuant to section 3 para 1 is cancelled, if 1 their compliance with and the implementation of alternative measures pursuant to § 7 a) contrary to other public service obligations or b) are technically impossible in some cases or 2. free the committed at the request of the competent authority. From the requirement in article 3, paragraph 1, is to relieve, as far as their compliance and the implementation of alternative measures pursuant to § 7 in some cases due to special circumstances by an unreasonable expense or in any other way cause an undue hardship.
(2) the duty is cancelled pursuant to article 3, paragraph 2, 1 if their performance and the implementation of alternative measures pursuant to § 7 a) monument protection or other public service obligations conflict with or b) are technically impossible in some cases or 2 as far as their compliance and the implementation of alternative measures pursuant to § 7 in some cases due to special circumstances by an unreasonable expense or in any other way cause an undue hardship. This is especially true when each measure, with which the obligation can be fulfilled pursuant to article 3, paragraph 2, is connected with additional costs in accordance with the sentences 3 and 4 and these additional costs are not negligible. This additional cost is the difference between the cost of the basic renovation taking into account the role and the cost of the basic renovation without taking into account the role of the model. When calculating all costs and savings are taken into account, including those which are to be expected within the usual service life of equipment or parts of the building.
(2a) the obligation in article 3 paragraph 2 does not apply in public buildings in the ownership or possession of a municipality or a municipal Association also, if 1 this town or this Community Association at the time of the commencement of the basic renovation is bankrupt or would insolvent through the fulfilment of the obligation pursuant to article 3, paragraph 2 and the implementation of alternative measures pursuant to § 7, 2. any measure of the obligation in article 3 paragraph 2 can be met that is connected with additional costs. the rest paragraph 2 applies paragraph 2 sentence 3 and 4, and 3. that notes the existence of the conditions municipality or municipal Association by decision referred to in point 2; the respective provisions for decision remain unaffected.
(3) the obligation waived pursuant to article 3, paragraph 1 or 2 with public buildings abroad also, where vast grounds in the country of situs conflict their performance and the implementation of alternative measures pursuant to § 7 in some cases.
Footnote § 9 para 1 No. 2 set of 2 aging. 1 idF d. G v. 7.8.2008 I 1658: Bavaria - derogation by article 15 para 3 sentence 1 and paragraph 4 sentence 1 of the law on the responsibilities for the implementation of legal/economic provisions (ZustWiG) idF d. BEK v. Maia (GVBl. S. 17, Baby2 700-2-W), as last amended by section 1 of the G v. 21.12.2010 (GVBl S. 848) mWv 1.1.2011 (see BGBl. I 2011, 64) § 9 para 1 No. 2 set of 2 aging. 1 idF d. G v. 22nd December 2011 I 3044: Saxony-Anhalt - deviation due to § 2 para 1 sentence 1 d. Regulation implementing d. renewable energies heat Act (EEWärmeG DVO) v. 1.2.2013 GVBl. LSA S. 54 in conjunction with § 4, sentence 1 d. of execution Act d. of Saxony-Anhalt to the renewable energies heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA S. 649, 650 mWv 9.3.2013 (see BGBl. I 2013, 489) § 10 evidence (1) the obligated party must 1 meet the minimum percentage laid down in § 5 para 2 and 3 for the use of Biomass and the requirements of delivered biomass in accordance with paragraph 2, 2. the fulfilment of the other requirements according to the numbers I to VIII of the annex to this Act in accordance with paragraph 3, 3. the existence of an exception to article 9 paragraph 1 number 1 in accordance with paragraph 4 prove. In the case of public buildings, the duties must not be fulfilled pursuant to sentence 1. In the case of § 6 obligations apply 1 Nos. 1 and 2 met, pursuant to sentence when they are met with multiple committed already by a debtor. The obligations pursuant to sentence 1 No. 1 and 2 for each used renewable energy sources or substitute measures must be fulfilled in the case of § 8.
(2) the obligated party must using supplied 1 gaseous and liquid biomass the billing of the fuel supplier in accordance with the number II. 4 of the annex to this law a) present for the first five calendar years from the start-up year of the heating system of the competent authority until 30 June of the following year, b) for the following ten years aa) keep at least five years from the date of delivery and bb) submit to the competent authority upon request , 2. solid biomass the billing of the fuel suppliers for the first 15 years from the start-up year of the heating system a) kept at least five years from the date of delivery and b) submit to the competent authority upon request.
(3) the obligated party must to the proof of fulfilment of the requirements according to the numbers I to VIII of the annex to this Act pursuant to sentence 2 1 the competent authority within three months from the start-up year of the heating system of the building, and then click request submit the evidence and at least five years from the start-up year of heating system keep 2, if the evidence not in the authority will be held.
Evidence pursuant to sentence 1 are in the numbers I. 2, II. 5, III. 3, IV. 2, V. 5, VI. 3, VII. 5 and VIII. 2 of annexed to this law stated evidence, unless the Ordinance pursuant to paragraph 6 sentence 3 No. 3 no evidence of different sets; Guarantees of origin for heating or cooling from renewable energy sources according to article 15 of Directive 2009/28/EC are not considered evidence pursuant to sentence 1 sentence 1 does not apply, if the facts which are to be proven with the evidence, are already known to the competent authority.
(4) the obligated party must number 1 of the competent authority within three months from the start-up of the heating system display in case of the occurrence of an exception pursuant to section 9, paragraph 1, that the fulfilment of the obligation pursuant to article 3, paragraph 1 and the implementation of alternative measures pursuant to § 7 contradict public service rules or are technically impossible. In the case of an objection to public service obligations, this does not apply if the competent authority already has knowledge of the facts giving rise to the contradiction to these duties. In the case of a technical impossibility, a certificate of a qualified is the authority with the display to present.
(5) it is prohibited in a proof of an ad or a certificate after false or incomplete declarations to make the paragraphs 2 to 4.
(6) the Federal Ministry for environment, nature conservation and nuclear safety is authorized, to the simplification and standardization of the proof of procedure in agreement with the Federal Ministry of transport, building and urban development Ordinance with the consent of the Federal Council forms for certificates, view or certificates to introduce the paragraphs 2 to 4. This does not apply to evidence referred to in point VII. 5 of the annex to this law. In the Ordinance pursuant to sentence 1 can be seen above, that 1 the evidence, ads or certificates pursuant to paragraphs 2 to 4 additional data to the authority must be proven, as far as this number 1 is necessary for monitoring the obligation according to § 3 paragraph 1 or for their elimination according to article 9, paragraph 1; This includes provisions on the protection of personal data, 2nd in the evidence of the share of renewable energies in the heating and cooling energy requirements of the building; you need from the proportion is to be used heat pumps, in accordance with annex VII to Directive 2009/28/EC calculate 3. by way of derogation from the evidence, that in paragraphs I. 2, II. 5, III. 3, IV. 2, V. 5, VI. 3 and VIII. each given 2 of annexed to this law, other evidence must be submitted pursuant to paragraph 3 of the competent authority and kept.
Footnote 10 § idF d. G v. 15 July 2009 I 1804: Bremen - derogation by article 2 of the regulation on the implementation of the energy conservation and the renewable energies heat Act in the State of Bremen (EnEV/EEWärmeGV) v. 21.12.2010 BremGBl. S. 690 mWv 29.12.2010 (see BGBl. I 2011, 63) § 10 para 3 sentence 1 No. 1 idF d. G v. 22nd December 2011 I 3044: Saxony-Anhalt - deviation due to § 1 d. Ordinance for the implementation d. renewable energies heat Act (EEWärmeG DVO) v. 1.2.2013 GVBl. LSA S. 54 in conjunction with § 4, sentence 1 d. of execution Act d. of Saxony-Anhalt to the renewable energies heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA S. 649 , 650 mWv 9.3.2013 (see BGBl. I 2013, 489) § 10 para 3 sentence 2 idF d. G v. 22nd December 2011 I 3044: Saxony-Anhalt - deviation due to § 2 para 2 d. Ordinance for the implementation d. renewable energies heat Act (EEWärmeG DVO) v. 1.2.2013 GVBl. LSA S. 54 in conjunction with § 4, sentence 1 d. of execution Act d. of Saxony-Anhalt to the renewable energies heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA S. 649, 650 mWv 9.3.2013 (see BGBl. I 2013) , 489) § 10 para 4 sentence 1 idF d. G v. 22nd December 2011 I 3044: Saxony-Anhalt - deviation due to § 1 d. Regulation implementing d. renewable energies heat Act (EEWärmeG DVO) v. 1.2.2013 GVBl. LSA S. 54 in connection with § 4, sentence 1 d. of execution Act d. of Saxony-Anhalt to the renewable energies heat Act (AGEEWärmeG LSa) v. 18.12.2012 GVBl. LSA S. 649, 650 mWv 9.3.2013 (see BGBl. I, 2013, 489) § 10a information about the role the public sector must have fulfilling the role model on the Internet or in any other suitable manner inform; This can be done in the context of the active and systematic information to the public under the provisions of the Federal and State Governments on access to environmental information. The public authorities must inform in particular on the following: 1. in the case of the use of biomass on the fulfilment of the minimum percentage laid down in article 5, paragraph 2 or paragraph 3 or § 5a during the first 15 calendar years from the year of putting into operation of the heating system or completion of the basic renovation, 2. in the case of the exemption under section 9, subsection 2 number 2 on the calculation and the assumptions , the calculation basis laid.

At least by appropriate sampling procedure according to § 10 check the fulfilment of the obligation pursuant to article 3, paragraph 1, and the accuracy of the evidence § 11 review (1) the competent authorities must.
(2) the persons charged with the enforcement of this Act shall be entitled to enter land and structural systems, including the apartments in performance of their duties. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect.
Footnote § 11 ABS. 1 idF d. G v. 7.8.2008 I 1658: Bavaria - derogation by article 15 para 3 sentence 1 and paragraph 4 sentence 1 of the law on the responsibilities for the implementation of legal/economic provisions (ZustWiG) idF d. BEK v. Maia (GVBl. S. 17, Baby2 700-2-W), as last amended by section 1 of the G v. 21.12.2010 (GVBl S. 848) mWv 1.1.2011 (see BGBl. I 2011) , 64) § 12 jurisdiction the jurisdiction of the authorities is determined according to national law.
Part 3 financial support article 13 grants
Renewable energy sources for the production of heat or cold funded as required by the Federal Government in the years 2009 to 2012 with up to 500 million euros per year. Details are governed by regulations of the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Federal Ministry of finance.

§ 14-sponsored measures (1) promote measures for the production of heat or cold, in particular the construction or extension of 1 solar thermal systems can be 2. equipment for the use of biomass, 3. plants for the use of geothermal energy and ambient heat and 4. heat networks, save and transfer stations for heat users, if they are fed from plants according to paragraphs 1 to 3.
(2) subject to further requirements for the promotion in the regulations according to § 13, set of 2, 1 solar thermal systems with fluids as heat transfer medium are only eligible if they are certified with the European mark "Solar Keymark". The certification according to DIN EN 12975-1 (2006-06), 12975-2 (2006-06), 12976-1 (2006-04) and must 12976-2 (2006-04) erfolgen2), 2. equipment for the use of solid biomass only eligible if the conversion efficiency reaches at least the following values: a) 89 percent for equipment for the heating or hot water, which serve the fulfilment of the obligation under article 3, paragraph 1 or 2, b) 85 percent for equipment for the heating or hot water , which serve not the fulfilment of the obligation under article 3, paragraph 1 or 2, and c) 70 per cent at facilities that serve not the heating or hot water.
The conversion efficiency is in the case of biomass boilers according to DIN EN 303-5 (1999-06) identified boiler efficiency, in the case of biomass furnaces determined according to DIN EN 14785 (2006-09) firing efficiency, and in other cases, the calculated according to the recognised rules of technology efficiency. The regulations according to § 13 set 2 can by way of derogation from set 1(b) for the mentioned systems also a lower minimum conversion efficiency set, if these facilities meet special environmental requirements 3. heat pumps to use geothermal energy, ambient heat or heat only eligible, if they are awarded with one of the following characters: a) the Community eco-label 'Flower of euro' 3), b) the environmental label "Blue Angel" 4) or c) the mark "European Quality Label for Heat Pumps" (version 1.3) 5).
The regulations can set by way of derogation pursuant to section 13 set 2 sentence 1 for there characters, that the sign in the case of changes their qualifying criteria must be granted to this new qualifying criteria. The regulations can set different also sentence 1, that heat pumps are also eligible if they meet requirements for other European or community standards, provided that these comply with the requirements for the assignment of characters pursuant to sentence 1.
(2) official note: all quoted DIN standards are published in the Beuth Verlag GmbH, Berlin and Cologne, and filed with the German patent and trade mark Office in Munich.
(3) official note: the Community eco-label "Euro Flower" will be awarded after the decision 2007/742/EC of 9 November 2007 establishing the ecological criteria for the award of the Community eco-label electrical, gas driven or gas absorption heat pumps (OJ OJ L 301 of 20.11.2007, p. 14).
(4) official note: the environmental label "Blue Angel" will be awarded after the qualifying criteria of RAL-UZ 118 "energy-efficient heat pumps on the absorption principle, the adsorption principle or with internal combustion-engine driven compressors" (2008-03) and RAL-UZ 121 "energy-efficient heat pumps with electrically driven compressors" (2008-05). The qualifying criteria can be obtained from the RAL German Institute for quality assurance and labelling E.v., Sankt Augustin.
(5) official note: the mark "European Quality Label for Heat Pumps" is awarded to the qualifying criteria of "European heat pump Association" (EHPA) for heat pumps with direct evaporation of the refrigerant (version 1.3, 2009-02), water/water and brine-to-water heat pumps (version 1.3, 2010-02) as well as for air/water heat pumps (version 1.3, 2010-02). The qualifying criteria can the EHPA, rue d ´ Arlon 63-67, B-1040 Brussels or are obtained through the Web site www.ehpa.org.

§ 15 relation to use requirements (1) measures are not eligible, unless they serve the fulfilment of the obligation according to § 3 paragraph 1, the requirement in section 3, subsection 2 or a national obligation according to § 3 paragraph 4 number 2.
(2) paragraph 1 shall not apply to the following measures: 1. actions, the technical or other requirements, the a) in the case of article 3, paragraph 1 or 2 more demanding than the requirements of paragraphs I to VI of the annex to this law or b) in the case of § 3 paragraph 4 number 2 more demanding than the requirements according to the national compulsory are , 2.
(Measures that cover the heating and cooling energy demand a proportion, the a) in the case of article 3, paragraph 1 or 2 to 50 percent higher than the minimum proportion according to § 5 or § 5a or b) in the case of § 3 paragraph 4 number 2 is higher than the regulated prescribed minimum percentage, 3.
Measures, which are connected with other measures to increase energy efficiency, 4.
Measures for the use of solar thermal systems for heating a building and 5.
Measures for the use of deep geothermal energy.
(3) the promotion can be involved in the cases of paragraph 2 on the overall measure.
(4) details are regulated in the regulations according to § 13 set 2.
(5) support measures by country or by a credit institution in which the Federal Government or the land are involved, shall remain unaffected.
Part 4 final provisions § 16 connecting and using forced municipalities and associations of municipalities can by a provision under State law that authorized them to establish a connection and using forced on a network of public district heating or cooling, also for the purpose of climate and resource protection exercise.

Installers for renewable energy to the further training of installers for installation of heat pumps or equipment for the production of electricity, heat or cooling from biomass, solar energy or geothermal energy may adopt the Chambers of crafts training exam regulations after section 42a of the handicrafts Regulation Act and in accordance with annex IV of the directive 2009/28/EC section 16a.

Article 17 any person is fine rules (1) who intentionally or recklessly not or not properly covers 1 violates article 3 par. 1 the heating and cooling energy demand with renewable energy, 2. contrary to section 10, paragraph 1, sentence 1 a not, incorrectly, incompletely or not timely confirming 3. violates article 10 par. 2 No. 1 letter b double letter aa or 2 letter a or paragraph 3 sentence 1 No. 2 kept evidence not or at least five years or 4 contrary to section 10 Paragraph 5 makes an incorrect or incomplete indication.
(2) the offence may in the cases of paragraph 1 No. 1, 2 and 4 with a fine up to fifty thousand euro and in the case of paragraph 1 No. 3 with a fine punishable up to twenty thousand euro.

Article 18 review the Federal Government has until 31 December 2011, and thereafter every four years to submit a review to this law the German Bundestag. She should in particular about 1 the State of the market introduction of plants for the production of heating and cooling from renewable energy sources in terms of the achievement of the purpose and goal of according to § 1, 2. the technical development, the development of costs and the profitability of these facilities, 3. the saved amount of mineral oil and natural gas and thus reduced emissions of greenhouse gases and 4 report the implementation of this law. The report makes suggestions for further development of the law.

section 18a of the countries for the Federal Government to create the reports referred to in article 22 of Directive 2009/28/EC and the review according to article 18, reports you the countries for the first time until June 30, 2011, until April 30, 2013 and thereafter every two years about 1 the experience of the role after § 1a, 2. the taken or planned regulations to promote the production of heating and cooling from renewable energy sources , in particular regulation after article 3, paragraph 4, and 3. the enforcement of this Act.
Sentence 1 number 1 does not apply for the report, which is until June 30, 2011. The reports may contain no personal data pursuant to sentence 1.

Article 19 transitional provisions (1) article 3, paragraph 1, sentence 1 is not to apply to the construction of buildings, if made before January 1, 2009 the planning application or the request for consent for the project or the construction complaint be made is.
(2) § 3, paragraph 1, sentence 1 shall not apply to the not requiring a permit construction of buildings that are in accordance with the building regulations law of the competent authority agrees, if the required notice to the authority before 1 January 2009. On other not requiring a permit, in particular approval, notification and procedures free auxiliary systems of buildings, § 3, paragraph 1, sentence 1 is not to apply if before January 1, 2009 has been started with the construction.
(3) section 3, paragraph 1, sentence 2, § 3, paragraph 2, and number VII. 2 of annexed to this law shall not apply on the establishment or is basic renovation of public buildings, if provided before July 1, 2011 the planning application or the request for consent for the project or the construction complaint be made. On the construction of not requiring a permit or basic renovation of public buildings, which are in accordance with the building regulations law of the competent authority agrees, § 3, paragraph 1, sentence 2, § 3, paragraph 2, and number VII are. 2 of the annex to this Act not to apply if the required notice to the authority before July 1, 2011. On other not requiring a permit, in particular genehmigungs-, notification and procedures free constructions and basic renovation of public buildings are article 3, paragraph 1, sentence 2, § 3, paragraph 2, and number VII. 2 of the annex to this Act not to apply if before January 1, 2012 with construction has begun.
(4) article 3, paragraph 3 is on the basic renovation of public buildings used by the public authorities on the basis of one on May 1, 2011, existing rental or lease contract, does not apply until the end of this lease or lease relationship.
(5) in addition, this law on the construction of buildings as amended is to apply, which applies at the time of construction or the submission of consent or indicating construction. On creating buildings that are in accordance with the building regulations law of the competent authority agrees, not requiring a permit, this Bill as amended is to apply, which applies at the time of the notice to the competent authority. On other not requiring a permit, in particular approval, notification and procedures free auxiliary systems of buildings, this Bill as amended is to apply, which applies at the time of the commencement of the construction.

Article 20 entry into force this law enters into force on January 1, 2009.

System requirements for the use of renewable energies and alternative measures (site: BGBl. I 2008, 1663-1665; regarding the details of the changes cf. footnote) I. solar radiant energy 1 provided that solar radiation energy is used by solar thermal plants, is a) the minimum proportion according to § 5 paragraph 1 met, if aa) in residential buildings with a maximum of two apartments solar thermal plants with a surface area of at least 0.04 square meters aperture area per square metre of floor space and bb) solar thermal in residential buildings with more than two apartments facilities with an area of at least 0.03 square meters of aperture area depending on the installed square metres of commercial space; the countries can set far higher minimum surfaces, b) use only as a replacement measure according to § 7 paragraph 2, when installs solar thermal plants with a surface area of at least 0.06 square meters aperture area per square meter floor space, c) the use of solar thermal systems with fluids as heat transfer medium only as the fulfilment of the obligation under article 3, paragraph 1 or 2, or as a substitute measure pursuant to article 7, paragraph 2 , if the equipment with the European mark "Solar Keymark" are certified; § 14 paragraph 2 number 1 sentence 2 shall apply accordingly.
2. proof in the sense of § 10 ABS. 3 1 letter c is the certificate of "Solar Keymark" number.
II. biomass 1 gaseous biomass a) the utilization of gaseous biomass considered only fulfilment of the obligation according to § 3 para 1, if the use of a CHP plant.
(b) the use of gaseous biomass considered only fulfilment of the obligation pursuant to article 3, paragraph 2, if the use of a boiler, corresponding to the best available technology, or in a CHP plant.
c) the use of gaseous biomass that has been processed and fed into the natural gas network (Biomethane), without prejudice to the a and b only applies as a fulfilment of the obligation pursuant to article 3, paragraph 1 or 2, when aa) in the preparation and supply of bio methane the requirements referred to in point 1 letter a to c of the Appendix 1 to the renewable energy law of October 25, 2008 (BGBl. I S. 2074) in the 31 July 2014 amended have been respected and bb) the Quantity of extracted organic methane is in the Wärmeäquivalent at the end of the calendar year of the amount of gas from biomass, which is been entered elsewhere in the gas network and if for the entire transport and distribution of bio methane from its production until its removal from the natural gas network of mass balancing systems have been used his feeding into the natural gas network and its transport into the natural gas grid.
2. liquid biomass a) the use of liquid biomass considered only fulfilment of the obligation pursuant to article 3, paragraph 1 or 2, if you use a boiler, corresponding to the best available technology.
b) the use of liquid biomass is without prejudice to the letter a only as performance of the obligation under article 3, paragraph 1 or 2, if the biomass used to generate heat meets the following requirements: aa) the requirements for a sustainable cultivation and a sustainable production, the the biomass electricity sustainability Ordinance of July 23, 2009 (BGBl. I p. 2174), most recently by article 5 of the Act of April 12, 2011 (BGBl. I p. 619) has been modified , in its up-to-date version, and bb) the greenhouse gas reduction potential which must at least be reached at heat generation in corresponding application of § 8 of the biomass electricity sustainability Ordinance. § 10 the biomass electricity sustainability Ordinance is not applicable. In the calculation of the greenhouse gas reduction potential, the comparison value for fossil fuels (EF) is referred to in point 4 of Appendix 1 to the biomass electricity sustainability regulation for liquid biomass, which used 77 g CO2eq/MJ heat generation and - for liquid biomass used for the generation of heat in combined heat and power is, 85 g CO2eq/MJ.
c) (lapsed) 3. solid biomass a) the use of solid biomass only considered fulfilment of the obligation under article 3, paragraph 1 or 2, if the calculated number 2 sentence 2 according to § 14 paragraph 2 conversion efficiency values not lower than: aa) 86 percent for heating or hot water systems with a capacity up to including 50 kilowatts, bb) 88% in the heating or hot water equipment with a power of 50 kilowatts or cc) 70 percent at plants , which are not the heating or hot water.
b) the use of solid biomass in the operation of furnaces in the meaning of the Ordinance on small and medium-sized combustion plants by January 26, 2010 (Federal Law Gazette I p. 38) in the currently valid version is without prejudice to the letter a only as performance of the obligation under article 3, paragraph 1 or 2, when aa) the use is in a - biomass boilers or - automatically loaded biomass furnace with water as the heat transfer , bb) meet the requirements of the Ordinance on small and medium-sized combustion plants and cc) exclusively biomass according to § 3 paragraph 1 number 4, 5, 5a or 8 of hereto is inserted.
4. detection of delivered biomass requirements with the settlement of the fuel suppliers, which the fulfilment of the § 5 paragraph 2 and paragraph 3 number 1 laid down minimum thresholds after § 10 paragraph 2 number 1 is detected, must contain the following certificates: a) in the case of the use of gaseous biomass are the certificate of that referred to in point 1(c) meets the requirements, b) in the case of the use of liquid biomass a recognized verification according to § 14 of the biomass electricity sustainability Ordinance. This proof of the data to the greenhouse gas reduction potential does not contain the comparison value for the use for which the liquid biomass is used, the obligated party must demonstrate that the used liquid biomass has the greenhouse gas reduction potential from this using. This can be certified by the authority which issued the certificate or by a certification authority that is recognized according to § 42 of the biomass electricity sustainability Ordinance. If the Federal Agency for agriculture and food known to the conversion of greenhouse gas reduction potential for various uses in the Federal Gazette makes a method of biomass electricity sustainability regulation according to article 21, paragraph 1, sentence 2, this can serve as proof pursuant to sentence 1.
5. proof of the other requirements for proof in the sense of article 10 paragraph 3, that the requirements referred to in point 1(a) or paragraph 3 letter a and b are met 1 letter a, number 2, the certificate of an expert, the equipment manufacturer's or professional operation, which has installed the system.
III. geothermal energy and ambient heat 1 a) where geothermal energy and ambient heat by electric-powered heat pumps are used, use only as fulfilling the obligation pursuant to article 3, paragraph 1 or 2, if, provided the amount of usable heat at least with the COP referred to in b, - heat pump over the counter after letter c has and - the heat pump with the Community eco-label 'Flower of the euro' shall , the environmental label "Blue Angel" or the label "European Quality Label for Heat Pumps" (version 1.3) is excellent or requirements according to European or community standards, which meet the requirements for the granting of these characters are mentioned in the regulations according to § 13 set 2.
(b) the number of the year work is in - air/water - and air-to-air heat pumps 4.0 3.5 and - all other heat pumps.
If the hot water of the building is done by other renewable energy through the heat pump, or a significant portion, the COP is by way of derogation from sentence 1 in - air/water - and air-to-air heat pumps 3.3 and - all other heat pumps 3.8.
Pursuant to sentence 1 or 2, the COP decreases also in heat pumps in already constructed buildings, which, the duty shall be granted pursuant to article 3, paragraph 2 the value of 0.2. The COP is calculated after the sentences 1 to 3 according to the recognised rules of technology. The calculation is the climate region with the coefficient of performance of the heat pump, with the pumping power requirements for the development of the heat source, with the design - forward and at air/air heat pumps with the design inlet temperature for the respective heating system, in brine/water heat pumps with the brine inlet temperature, with water/water heat pumps with the primary-side water inlet temperature and air/water and air/air heat pumps in addition taking into account making.
(c) heat pumps must have a quantity of heat and electricity meter, whose measured values allow the calculation of the heat pump COP. Sentence 1 shall not apply in brine/water and water-to-water heat pumps, if the flow temperature of the heating system is proven to up to 35 degrees Celsius.
2. If geothermal energy and ambient heat is used by heat pumps driven with fossil fuels, such use is considered only fulfilment of the obligation pursuant to article 3, paragraph 1 or 2, - the amount of usable heat at least with the COP of 1.2 is provided; Number sentence 4 and 5 shall apply mutatis mutandis 1(a), and - the heat pump has a heat quantity and fuel meter, whose measured values allow the calculation of the heat pump COP. Number sentence 2 1 letter c shall apply mutatis mutandis, and - the heat pump with the Community eco-label "Euro Flower" or the "Blue Angel" environmental label is awarded or meet requirements according to European or community standards, which meet the requirements for the granting of these characters are mentioned in the regulations according to § 13 set 2.
3. evidence in the sense of article 10 paragraph 3 is the certification of a qualified and the eco-label "Euro Flower", the environmental label "Blue Angel", the mark 'European Quality Label for Heat Pumps' or equivalent proof.
IV. cooling from renewable energy sources 1.
The use of cooling from renewable energy sources only considered fulfilment of the obligation under article 3, paragraph 1 or 2, if a) the cold is technically harnessed aa) immediate removal of cold from the ground or groundwater or surface water, or bb) by thermal cooling with heat from renewable energy sources in the sense of article 2, paragraph 1 number 1 to 4, b) the cold number 9 letter b is used for cooling needs for space cooling according to § 2 paragraph 2 and
(c) the final energy consumption for the production of cold, which has been reduced cooling and distribution of refrigerant according to the best available technique.
The technical requirements shall apply paragraphs I to III. The refrigerant amount eligible for the fulfilment of the obligation under article 3, paragraph 1 or 2 includes 1 letter of b usable made cold, but not the heat used to drive thermal cooling generation systems for the purposes of the sentence.
2. evidence in the sense of article 10 paragraph 3 is a qualified certificate.
V. heat 1 if heat is used by heat pumps, the numbers III apply. 1 and III. 2 according to.
2. If heat is used by ventilation systems with heat recovery, considered this use only replacement measure according to § 7 paragraph 1 number 1 (a), if a) the heat recovery system of the plant at least 70 per cent, and b) the performance coefficient which is calculated from the ratio of originating from the heat recovery and used heat to electricity use for the operation of the air handling unit , amount to at least 10.
3. If refrigerant is used, which technically usable is made by plants which waste heat is immediately fed into section IV apply. 1 with the exception of set 1 (a) in accordance with.
4. If heat is used by other systems, these use 1(a) only applies as a substitute measure according to § 7 paragraph 1 number, if the State of the art.
5. evidence in the sense of paragraph 10 (a) are paragraph 3) for number 1 the certificate of a knowledgeable and the eco-label "Euro Flower", the environmental label "Blue Angel", the mark 'European Quality Label for Heat Pumps' or an equivalent proof, b) for number 2 a qualified certificate or the certificate of the system manufacturer or professional operation, which has installed the system, c) for the numbers 3 and 4 the certification of a qualified.
VI. power heat coupling 1.
The use of heat from CHP plants considered only fulfilment of the obligation under article 3, paragraph 1 or 2, and as a substitute measure according to § 7 paragraph 1 number 1 (b), if the CHP plant highly efficient oriented one within the meaning of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion on the useful heat demand power heat cogeneration in the internal energy market and amending Directive 92/94/EEC (OJ EU no. L 52 p. 50) is. CHP plants with an electrical output under one megawatt are highly efficient, if they provide primary energy savings within the meaning of annex III to Directive 2004/8/EC.
2. the obligation in article 3, paragraph 1 or 2 and the replacement measure according to § 7 paragraph 1 number deemed 1(b) also then, if refrigerant is used, which technically usable by plants, which immediately runs to heat from a cogeneration plant within the meaning of point 1. Number IV. 1 shall apply with the exception of set 1 letter a according to.
3. proof within the meaning of § 10 para is in use of heat or cold from CHP plants, a 3) which operates the debtor itself, the certificate of an expert, the equipment manufacturer's or professional operation, which has installed the system, b) the obligated party must not itself operates, the certification of the operator.
VII. measures to save energy 1.
Energy saving measures only apply as a replacement measure according to § 7 paragraph 1 number 2, so when the construction of a) of the respective maximum primary energy demand for the year and b) each for the concrete building to fulfilling requirements for the thermal insulation of the building envelope are below the energy saving regulation in amended by at least 15 percent.
2. energy saving measures in public buildings subject to section 19, paragraph 3 only apply as a replacement measure according to § 7 paragraph 1 number 2, if so a) in the construction of public buildings by way of derogation from point 1 of heat transfer coefficient of transmission by at least 30 per cent or b) 1.4-fold value of heat transfer coefficient of transmission by at least 20 percent is satisfied with the basic renovation of public buildings. Transmission heat transfer coefficient is specific, related to the heat-transferring surrounding area transmission heat transfer coefficient of the reference building same geometry, version according to Appendix 2, table 1 of the energy saving Ordinance of May 1, 2011 applicable net floor area, orientation, and use and the appearance of the units of of use of within the meaning of sentence 1. The transmission heat transfer coefficient is referred to in point 6.2 of the DIN V 18599-2 (2007-02), the heat-transferring surrounding area is determined case "Outer dimensions", EN ISO 13789 (1999-10), according to DIN, so that all thermally conditioned rooms of the building from this area are wrapped. The basic renovation of public buildings set 1 letter b shall also be deemed fulfilled if the public building meets the requirements of buildings to be built after the basic reconstruction according to § 4 of the energy saving Ordinance in force on May 1, 2011.
3. measures to save energy, which wholly or partly renewable energies, waste heat or heat from combined heat and power, used to cover the heat and cooling energy requirements, apply without prejudice to the numbers 1 or 2 only as a replacement measure according to § 7 paragraph 1 number 2, if they meet the requirements of paragraphs I to VI.
4. as far as other legislation make higher demands on the structural heat protection as the German energy saving Ordinance, enter these requirements at the point of the requirements according to the energy saving regulation 1 5 proof in the sense of article 10 paragraph 3 is the energy performance certificate in number according to § 18 of the energy saving Ordinance.
VIII. district heating or cooling 1.
The use of district heating and district cooling applies only as a substitute measure according to § 7 paragraph 1 number 3, when distributed in the heat or cooling network in total heat or cold a) to a significant share of renewables, b) at least 50 per cent of equipment for the use of waste heat, c) to at least 50 percent from CHP or d) dates back to at least 50 percent through a combination of measures referred to in paragraphs a to c. The numbers I through VI shall apply mutatis mutandis.
2. evidence in the sense of article 10 paragraph 3 is the certificate of the heat or refrigeration system operators.