Regulation On The Implementation Of The Greenhouse Gas Emissions Trading Act In The Trading Period 2013 To 2020

Original Language Title: Verordnung zur Durchführung des Treibhausgas-Emissionshandelsgesetzes in der Handelsperiode 2013 bis 2020

Read the untranslated law here: http://www.gesetze-im-internet.de/ehv_2020/BJNR329500013.html

Regulation on the implementation of the greenhouse gas emissions trading act in the trading period 2013 to 2020 (emissions trading regulation 2020 - EHV 2020) EHV 2020 copy date: 20.08.2013 full quotation: "emission trading regulation by 2020 from 20 August 2013 (BGBl. I S. 3295), by article 1 of the Decree of 10 December 2013 (BGBl. I S. 4095) has been changed" stand: amended by art. 1 V v. 10.12.2013 4095 for more information on the stand number you find in the menu under notes * this regulation serves the implementation of the 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 subsequent repealing of directives 2001/77/EC and 2003/30/EC (OJ OJ L 140 of the 5.6.2009, p. 16).
Footnote (+++ text detection from: 29.8.2013 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 28/2009 (CELEX Nr: 32009 L 0028) +++) input formula's Decree on reason - article 28, paragraph 1 number 3 letters b and c of the greenhouse gas emissions trading act by July 21, 2011 (BGBl. I p. 1475) the Federal Government, as well as - in article 28, paragraph 2 number 1 and paragraph 4 sentence 1 number 1 to 3 of the greenhouse gas emissions trading act by July 21, 2011 (BGBl. I p. 1475) , of which paragraph 2 number 1 through article 1, point 13 letter a of the Act of 15 July 2013 (BGBl. I p. 2431) new cool and paragraph 4 sentence 1 number 1 to 3 by article 1, point 13 point (b) of the aforementioned Act has been inserted, the Federal Ministry for environment, nature conservation and nuclear safety: table of contents section 1 General provisions § 1 scope and purpose § 2 definitions section 2 emission reporting (section 5 of the Act) § 3 emission factor in liquid organic fuel section 4 emission factor in the use of biofuels in the air transport sector § 5 proof requirements for applied analysis methods section 3 exchanging carbon credits (to section 18 of the Act) § 6 convertibility of emission credits section 7 exchange procedure section 4 certification of test points (to section 21 of the Act) § 8 loan § 9 applicable provisions § 10 exclusion of § 11 certification supervision of the activities of the Nr.1B,c Article 12 termination of the collateral section 5 fees and expenses for official acts of the admission Board (to section 22 par. 2 of the law) § 13 fees and expenses section 6 transitional and final provisions § 14. transitional provisions article 15 entry into force; Expiry of investment (to § 13) section 1 General provisions section 1 scope and purpose this Regulation shall apply within the scope of application of the greenhouse gas emissions trading act. It is the concrete expression of the requirements of articles 5, 18 and 21 of the greenhouse gas emissions trading act.

§ 2 definitions for this regulation, the following definitions shall apply: 1. the least developed countries: States which are listed on the list of the least developed countries, adopted by the economic and Social Council of the United Nations;
2. liquid bio fuels: fuels within the meaning of article 3 number 21 of the monitoring Regulation (§ 3 number 10 of the law), which are liquid at the time of entry into the burning or combustion chamber;
3. biofuels: biofuels within the meaning of article 3 number 22 of the monitoring regulation;
4. verification regulation: Regulation (EC) No. 600 / 2012 of the Commission by June 21, 2012 through the examination of greenhouse gas emission reports and tonne-kilometres, as well as the accreditation of inspection bodies in accordance with Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181 of the start, p. 1), in its up-to-date version.
Section 2 emission reporting (section 5 of the Act) § 3 emission factor in the use of liquid biofuels (1) for the use of liquid biofuels for electricity production is article 38 paragraph 2 sentence 1 of the monitoring regulation, as far as the used liquid biofuels the sustainability requirements of sections 4 to 8 of the biomass electricity sustainability regulation of 23 July 2009 (BGBl. I p. 2174) meet, most recently by article 2 paragraph 70 of the law of December 22, 2011 (BGBl. I S. 3044) has been modified , in the applicable version. Article 3, paragraph 2 and 3 of the biomass electricity sustainability Ordinance shall apply mutatis mutandis, to paragraph 3 with the proviso that instead of article 3 paragraph 1 of the biomass electricity sustainability regulation to set 1 is. For liquid biomass, which is produced from waste or residues, is set to apply 1 subject to the proviso that only the sustainability requirements must be met according to § 8 of the biomass electricity sustainability Ordinance; This restriction does not apply to liquid biomass residues from agriculture, forestry or fishing or aquaculture.
(2) when using liquid bio fuels to generate heat, paragraph 1 with the proviso that the calculation of the greenhouse gas reduction potential instead of the comparison value following comparison values referred to in point 4 of Appendix 1 to the biomass electricity sustainability regulation apply to fossil fuels shall apply: 1 for liquid biomass, which is used to generate heat, 77 g CO2eq/MJ and 2nd for liquid biomass, which is used for the generation of heat in combined heat and power, 85 g CO2eq/MJ.
(3) compliance with the requirements to paragraphs 1 and 2 of the used liquid bio fuels is to prove through a recognised certificate of sustainability according to § 14 number 1, 2 or 3 the biomass electricity sustainability Ordinance or by sustainability part evidence under section 24 of the biomass electricity sustainability Ordinance, the in the database according to article 74 paragraph 1 No. 3 third half-sentence of biomass electricity sustainability regulation authority on the account of point 3 of the greenhouse gas emissions trading act competent authority will be transferred according to § 19 para 1.
(4) for the use of liquid biofuels in plants, which are according to § 2 paragraph 3 the biomass electricity sustainability Ordinance no interface and no such an interface is that proof of compliance with the sustainability is one number 1 or 2 of the biomass electricity sustainability regulation to provide recognized certification authority by way of derogation from paragraph 3 by a test certificate according to § 42. The §§ 48, 49, 52-55 the biomass electricity sustainability Ordinance shall apply accordingly.
(5) as part of a fuel mixture, as well as for the determination of the carbon content, applying a mass balance the paragraphs 1 to 4 shall apply mutatis mutandis for liquid bio fuels.
(6) paragraphs 1 to 5 shall not apply to the use of lye down, which is incurred in the production of pulp.
(7) unless the requirements of paragraphs 1 to 5 are not met, the emission factor in the use of liquid biofuels is to determine according to the monitoring regulation for the determination of the emission factor for fossil fuels.

§ 4 emission factor in the use of biofuels in the air transport sector (1) in the use of biofuels in aviation is the emission factor zero, as far as the biofuels sustainability requirements of sections 4 to 8 of biofuel sustainability regulation by September 30, 2009 (BGBl. I S. 3182) meet, most recently by article 2 of the Decree of November 26, 2012 (BGBl. I S. 2363) is has been modified in the currently valid version. Article 3, paragraph 2 and 3 of the biofuel sustainability regulation shall apply mutatis mutandis, to paragraph 3 with the proviso that instead of article 3 paragraph 1 of the biofuel sustainability regulation to set 1 is. For biofuels, which are made from waste or residues, is set to apply 1 subject to the proviso that only the sustainability requirements must be met according to § 8 of the biofuels sustainability Ordinance; This restriction does not apply to bio-fuels from waste from agriculture, forestry or fishing or aquaculture.
(2) compliance with the requirements referred to in paragraph 1 is to prove through a recognised certificate of sustainability according to § 14 number 1, 2 or 3 the biofuel sustainability Ordinance or by sustainability part evidence under section 24 of the biofuel sustainability regulation, the in the database pursuant to section 66 paragraph 1 No. 3 third half-sentence of biofuel sustainability regulation authority on the account of point 3 of the greenhouse gas emissions trading act competent authority will be transferred according to § 19 para 1.
(3) as part of a fuel mixture you apply biofuels according to paragraphs 1 and 2.
(4) if the requirements are not met to the paragraphs 1 to 3, is to determine the emission factor in the use of biofuels, according to the monitoring regulation for the determination of the emission factor for fossil fuels.

§ 5 proof for applied analysis methods as far as used for the determination of the emissions calculation factors, based on analysis, requirements the proof requirements in articles 32 to 35 of the monitoring regulation for all analysis methods.
Section 3 conversion of carbon credits
(Section 18 of the Act) section 6 also certified emission reductions are convertibility of emission credits in addition to the emission credits according to § 18 paragraph 3 of the act within the meaning of section 2 number 21 of the project mechanisms Act in projects exchangeable, the 1st by the Executive Board in accordance with § 2 number 22 of the project mechanisms act after December 31, 2012 were registered and 2nd in State run, which belongs to the time of registration to the least developed countries.

§ Are the specifications of the register regulation in accordance with article 19 of Directive 2003/87/EC instrumental 7 exchange procedure for the exchange of carbon credits in permissions of the trading period 2013 to 2020. With carbon credits for emission reductions, provided before 2013, the operator must have made the required for the Exchange cooperation action in the emissions trading registry before 1 April 2015. Late auditioning participation Act, no entitlement to Exchange.
Section 4 certification of verifiers (section 21 of the Act) § 8 mortgage lending (1) mbH will in the commercial register, section B of the Amtsgericht Bonn under the number 6946 registered DAU-German accreditation and certification company for environmental verifiers with the tasks of the approval body referred to in article 54 (2) the verification regulation created (Beliehene). The loan will bring together effectively the Beliehene and the Federal Ministry for environment, nature conservation and nuclear safety 2013혼다 (2) pursuant to sentence 1 on 17 December in a public service contract, as the work in the individual transmitted under this regulation must be.
(3) the Beliehene is obliged continuously to ensure all personnel, organizational and financial prerequisites for the proper performance of its tasks. This also includes that no people are employed at her, which are active at the same time as a certified testing laboratory or an accredited testing facility.
(4) in opposition proceedings against an administrative act issued by the DMV, the admission Board for the decision on the opposition is responsible.

§ 9 applicable provisions (1) with regard to the requirements for the testing to be certified, the admission Board and the certification process is the verification regulation according to with the proviso that instead of accreditation certification is.
(2) without prejudice to paragraph 1, article 35 apply paragraph 6 of verification regulation with the further proviso that the tasks of the competent assessor by a third party is not active when the certified testing laboratory are perceived. This applies also to the tasks of the independent appraiser pursuant to article 36 (3) the verification regulation.

§ 10 exclusion of certification as a testing certification (1) natural persons are excluded, the 1st in an employment relationship with an entity or a partnership are that the verification regulation as a testing laboratory is accredited, has submitted a request for such accreditation, 2 belong to a body of a legal person or a partnership referred to in point 1 or are members of a legal person or a partnership referred to in point 1 3.; in the case of participation in a corporation, this only applies if the participation as a whole exceeds the fifth part of this company's nominal capital.
(2) in the case of paragraph 1 No. 1 can be decided only at a current accreditation procedures on the application for certification as a testing after the decision on the application for accreditation. One of the exclusion occurs subsequently referred to in paragraph 1 number 1 to 3, revokes the certification as a testing the Beliehene.

§ 11 supervision over the activity of the Nr.1B,c (1) supervision over the Beliehene covers on the legality of the certification and supervisory activities and decisions of the Nr.1B,c supervisory measures pursuant to article 53 of the verification regulation.
(2) the Beliehene has annually until June 1, in a report to the Federal Ministry for the environment, nature conservation and nuclear safety to demonstrate compliance with the requirements referred to in the verification regulation on the admission Board and the certification process.

Article 12 termination of mortgage lending (1) the loan ends with the entry into force of a regulation by which the loan shall be repealed.
(2) the Beliehene may at any time request termination of the loan in written or electronic form. The Federal Ministry for environment, nature conservation and nuclear safety has to comply with this request within a period of three years.
(3) the Beliehene is obliged to properly carry out their tasks until the end of the loan or until expiry of the period referred to in paragraph 2.
Section 5 fees and expenses for official acts of the admission Board (to section 22 par. 2 of the law) article 13 fees and expenses (1) the fees for official acts of § 8 paragraph 1 Nr.1B,c in connection with certification as a testing laboratory and the monitoring of certified bodies are determined by the attached fee schedule.
(2) the collection of charges is according to § 23 paragraph 6 of the German fees Act. Charges for telecommunications services of Nr.1B,c according to § 8 paragraph 1 are satisfied with the fee; This also applies to the travel costs of external experts, created this in the context of the intended use to the official acts, insofar as these travel costs will not exceed the amount of 300 euros per inspection day.
(3) the statutory turnover tax is the fees and expenses to be added.
Section 6 transitional provisions the sections 3 and 4 do not apply transitional and final provisions article 14 to liquid bio-fuels or bio-fuels, used before 1st January 2014.

Article 15 entry into force; Force (1) this regulation enter into force on the day after the announcement.
(2) appear on the 14 August 2018 override section 13 and the system (to § 13).

Plant (for section 13) schedule of fees (site: BGBl. I 2013, 4096-4097) tariff point acts of the admissions rate (net amount plus VAT) indicated in euro 1 initial certification 1.1 application review and decision 1.1.1 after file location for up to three groups of activities listed in annex I of the verification regulation 945 1.1.1.1 - each extra three applied for activity groups listed in annex I of the regulation of verification in addition to 1.1.1 315 1.1.2 with conversation in the spaces of the body for up to three groups of activities listed in annex I of the verification regulation 1 260 1.1.2.1 - ever three additional Verification regulation applied for activity groups 315 1.1.2.2 - involvement of external experts, in accordance with annex in addition to 1.1.2 per appraiser and each up to three activity groups requested in addition to 1.1.2 250-335 1.2 implementation review (per office-audit or per witness audit) 840 1.2.1 plus staff of the admissions site, per person and day 840 1.2.2 of plus external assessors on-site, per assessors and per day 750-1 000 2 recertification 2.1 application review and decision to file location costs according to tariff points 1.1.1 and 1.1.1.1 2.2
Assessment within the framework of the recertification costs according to tariff points 1.2 to 1.2.2 3 assessment referred to in article 49 of regulation of verification in the period between certification and recertification costs according to tariff points 1.2 to 1.2.2 4 Anlassabhängige review on the basis of articles 51, 61 and 72 of verification regulation in the period between certification and recertification 4.1 document review and know that without assessment 1 000-5 000 4.2 Anlassabhängige evaluation costs according to tariff points 1.2 to 1.2.2 5 amendment of the certification area 5.1 application review and decision 5.1.1 file for up to three groups of activities listed in annex I of the verification regulation 525 5.1.1.1 - ever 525 more three applied for activity groups listed in annex I of the regulation of verification in addition to 5.1.1 5.1.2 with conversation in the spaces of the body for up to three groups of activities listed in annex I of the verification regulation 840 5.1.2.1 - each extra three applied for activity groups listed in annex I of the regulation of verification in addition to 5.1.2 315 5.1.2.2 - using external reviewers , per appraiser and each up to three activity groups requested in addition to 5.1.2 250-335 5.2 assessment within the framework of the amendment of the certification area costs according to tariff points 1.2 to 1.2.2