Regulation on the implementation of the greenhouse gas emission trading law in the 2013 to 2020 trading period (emission trading regulation 2020-EHV 2020)

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EHV 2020

Date of completion: 20.08.2013

Full quote:

" Emissions Trading Regulation 2020 of 20 August 2013 (BGBl. 3295), as defined by Article 1 of the Regulation of 10 December 2013 (BGBl). I p. 4095).

Status:

Amended by Art. 1 V v. 10.12.2013 I 4095

For more details, please refer to the menu under Notes

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This Regulation aims at the implementation of 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 201, 31.7.2001, OJ L 140, 5.6.2009, p. 16).

Footnote

(+ + + Text evidence from: 29.8.2013 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 28/2009 (CELEX Nr: 32009L0028) + + +) 

  

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Input formula

It rearrange on the basis of

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Article 28 (1) (3) (b) and (c) of the Greenhouse Gas Emissions Trading Act of 21 July 2011 (BGBl). 1475), the Federal Government and

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Article 28 (2) (1) and (4), first sentence, number 1 to 3 of the greenhouse gas emissions trading act of 21 July 2011 (BGBl). 1475), of which paragraph 2 (1) is replaced by Article 1 (13) (a) of the Law of 15 July 2013 (BGBl I). 2431) and the first sentence of the first subparagraph of Article 1 (1) to (3) has been inserted by Article 1 (13) (b) of the above-mentioned Act, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety:

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Content Summary

Section 1General provisions

§ 1	Scope and purpose
§ 2	Definitions

Section 2Emission reporting (Section 5 of the Law)

§ 3	Emission factor in the use of liquid biofuels
§ 4	Emission factor in the use of biofuels in air transport
§ 5	Evidence requirements for applied analysis methods

Section 3Reexchange of emission credits (Section 18 of the Act)

§ 6	Transmissibility of emission credits
§ 7	Exchange Procedure

Section 4Certification of inspection bodies (To § 21 of the Act)

§ 8	Insult
§ 9	Applicable rules
§ 10	Exclusion from certification
§ 11	Supervision of the activities of the Belieheners
§ 12	Termination of the Beloing

Section 5Fees and expositions for
Official acts of the Admissions Office
(To § 22 (2) of the Law)

§ 13	Fees and expenses

Section 6Transition and final provisions

§ 14	Transitional provisions
§ 15	Entry into force; external force

Annex (to § 13)

Section 1
General provisions

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§ 1 Scope and purpose

This Regulation shall apply within the scope of the Greenhouse Gas Emissions Trading Act. It serves to concretize the requirements of § § 5, 18 and 21 of the greenhouse gas emissions trading law. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

Least Developed Countries: States listed on the list of least developed countries adopted by the Economic and Social Council of the United Nations;

2.

liquid biofuels: fuels within the meaning of Article 3 (21) of the monitoring regulation (Article 3 (10) of the Law), which are liquid at the time of entry into the combustion or fire-fighting area;

3.

Biofuels: biofuels within the meaning of Article 3 (22) of the monitoring Regulation;

4.

Verification Regulation: Commission Regulation (EU) No 600/2012 of 21 June 2012 on the assessment of greenhouse gas emission reports and tonne-kilometre reports, as well as the accreditation of verifiers pursuant to Directive 2003 /87/EC of the European Parliament and Council (OJ C 139, 30.4.2004 1), as amended by the Commission.

Section 2
Emission reporting
(To § 5 of the Law)

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§ 3 Emission factor for the use of liquid biofuels

(1) For the use of liquid biofuels for electricity production, the first sentence of Article 38 (2) of the Monitoring Regulation shall apply in so far as the liquid biofuels used are the sustainability requirements of § § 4 to 8 of the Biomass Power Sustainability Ordinance of 23 July 2009 (BGBl. 2174), as last amended by Article 2 (70) of the Law of 22 December 2011 (BGBl I). 3044), in the current version. § 3 (2) and (3) of the Biomass Power Sustainability Regulation shall apply mutatily to paragraph 3, with the proviso that instead of § 3 (1) of the Biomass Power Sustainability Regulation, the provisions of sentence 1 shall be replaced. For liquid biomass produced from waste or from residues, the first sentence must be applied with the proviso that only the sustainability requirements in accordance with § 8 of the Biomass Current Sustainability Regulation must be met; this Restriction shall not apply to liquid biomass from residues of the agricultural, forestry or fish industries or from aquacultures. (2) When liquid biofuels are used for heat production, paragraph 1 shall apply, provided that the calculation of the Greenhouse gas mitigation potential instead of the reference value for fossil fuels after Point 4 of Appendix 1 to the Biomass Power Sustainability Regulation the following comparison values apply:

1.

for liquid biomass used for heat generation, 77 g CO2eq/MJ and

2.

for liquid biomass used for heat generation in combined heat and power, 85 g CO2eq/MJ.

(3) Compliance with the requirements set out in paragraphs 1 and 2 for the liquid biofuels used shall be proven by a recognised proof of sustainability in accordance with Section 14 (1), (2) or (3) of the Biomass Power Sustainability Ordinance, or by means of a partial sustainability certificate in accordance with § 24 of the Biomass Power Sustainability Regulation, which in the database of the authority responsible pursuant to § 74 (1) (3) third semi-set of the Biomass Power Sustainability Ordinance is based on the account of the Article 19 (1) (3) of the Greenhouse Gas Emissions Trading Act (4) For the use of liquid biofuels in plants which are not an interface in accordance with § 2 (3) of the Biomass Power Sustainability Regulation and where no such interface is located, proof of the To comply with the sustainability requirements by way of derogation from paragraph 3, by means of a certificate of certification of a certification body recognised in accordance with § 42 (1) or (2) of the Biomass Power Sustainability Regulation. § § 48, 49, 52 to 55 of the Biomass Power Sustainability Ordinance apply accordingly. (5) For liquid biofuels as part of a fuel mixture as well as for the determination of the carbon content in the application of a mass balance, the (6) Paragraphs 1 to 5 shall not apply to the use of waste liquor which has been incurred in the production of pulp. (7) In so far as the requirements referred to in paragraphs 1 to 5 are not met, the emission factor shall be: Use of liquid biofuels according to the requirements of the monitoring regulation Determination of the emission factor for fossil fuels. Unofficial table of contents

§ 4 Emissions factor in the use of biofuels in air transport

(1) In the case of the use of biofuels in air transport, the emission factor shall be zero, insofar as the biofuels used are the sustainability requirements of § § 4 to 8 of the biofuel sustainability regulation of 30 September 2009 (BGBl. I p. 3182), as last amended by Article 2 of the Regulation of 26 November 2012 (BGBl. 2363), in the current version. § 3 (2) and (3) of the Biofuels Sustainability Ordinance applies accordingly, to paragraph 3, with the proviso that instead of § 3 (1) of the Biofuels Sustainability Ordinance, it is to be replaced by the first sentence of 1. For biofuels made from waste or from residues, the first sentence must be applied with the proviso that only the sustainability requirements in accordance with § 8 of the Biofuels Sustainability Regulation must be fulfilled; Restriction shall not apply to biofuels made from residues of the agricultural, forestry or fish industries or from aquaculture. (2) The compliance with the requirements referred to in paragraph 1 shall be proven by a recognised proof of sustainability in accordance with § 14 number 1, 2 or 3 of the Biofuel Sustainability Regulation or by a Sustainability partial proof according to § 24 of the Biofuels Sustainability Ordinance, which is included in the database of the authority responsible pursuant to § 66 (1) (3) third sentence of the Biofuels Sustainability Ordinance to the account of the pursuant to § 19 paragraph 1 (3) For biofuels as part of a fuel mixture, paragraphs 1 and 2 shall apply. (4) Insofar as the requirements referred to in paragraphs 1 to 3 do not apply, the , the emission factor for the use of biofuels shall be the following: To determine the requirements of the monitoring regulation for the determination of the emission factor for fossil fuels. Unofficial table of contents

§ 5 Verification requirements for analytical methods applied

Where calculation factors based on analyses are used to determine the emissions, the verification requirements set out in Articles 32 to 35 of the Monitoring Regulation shall apply to all methods of analysis used.

Section 3
Exchange of emission credits
(To § 18 of the Law)

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§ 6 Reswability of emission credits

In addition to the emission credits according to § 18 (3) of the Act, certified emission reductions within the meaning of § 2 point 21 of the Project-Mechanisms Act are also to be exchanged for projects which are

1.

have been registered by the Executive Board within the meaning of Section 2 (22) of the Project-Mechanisms Act after 31 December 2012; and

2.

be carried out in a State which is one of the least developed countries at the time of registration.

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§ 7 exchange procedures

The requirements of the Register Regulation pursuant to Article 19 of Directive 2003 /87/EC are relevant for the exchange of emission credits in allowances for the trading period 2013 to 2020. In the case of emission credits for emission reductions, which were provided before 2013, the operator must have carried out the joint action required for the exchange in the Emissions Trading Register before 1 April 2015. In the event of a delay in the joint action, there is no right to exchange.

Section 4
Certification of inspection bodies
(To § 21 of the Act)

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§ 8 Beleihung

(1) The DAU-Deutsche Akkreditierungs-und authorisation company for environmental verifier mbH, registered in the Commercial Register, Division B of the Local Court of Bonn under the number 6946, shall be assigned the tasks of the Admissions Office pursuant to Article 54 (2) of the Beliehene (Beliehene). The order for the first sentence will be effective on 17 December 2013. (2) The Beliehene and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety agree in a public service contract, as the (3) The Beliehene is obliged to continuously ensure all personnel, organisational and financial conditions for the proper performance of the tasks assigned to it. This also includes the fact that there are no persons employed at the same time who are also acting as a certified test centre or an accredited testing body. (4) In the opposition proceedings against a person issued by the admissions office The administrative act is the approval body responsible for the decision on the appeal. Unofficial table of contents

§ 9 Applicable provisions

(1) With regard to the requirements for the certification bodies to be certified, the certification body and the certification procedure, the verification regulation shall apply accordingly, with the proviso that instead of the accreditation to the certification (2) Without prejudice to paragraph 1, Article 35 (6) of the Verification Regulation shall apply with the further proviso that the tasks of the competent evaluator shall be carried out by a third party who shall not be assigned to the certifying body of the certified inspection body is active. This shall also apply to the tasks of the independent auditor in accordance with Article 36 (3) of the Verification Regulation. Unofficial table of contents

§ 10 Exclusion of certification

(1) Natural persons are excluded from the certification as a testing body, which

1.

in an employment relationship with a legal person or a partnership that is accredited as an audit body in accordance with the verification regulation or who has submitted an application for such accreditation,

2.

an institution of a legal person or a civil society referred to in paragraph 1, or

3.

In the case of participation in a capital company, this shall apply only if the participation in total is the fifth part of the nominal capital of that company. exceeds.

(2) In the case referred to in paragraph 1 (1), an ongoing accreditation procedure on the application for certification may only be decided on the basis of the decision on the accreditation application as a test point. If one of the grounds for exclusion referred to in paragraph 1 (1) to (3) is subsequently introduced, the Beliehene shall raise the certification as a test centre. Unofficial table of contents

Section 11 Supervision of the activities of the Belieheners

(1) The supervision of the Beliehenan extends to the legality of the certification and supervisory activities and to the decisions of the Beliehenes on supervisory measures pursuant to Article 53 of the Verification Regulation. (2) The Beliehene has the following to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to prove that the requirements specified in the Verification Regulation to the Admissions Office and to the certification procedure are to be submitted annually by 1 June. is complied with. Unofficial table of contents

§ 12 Termination of the Beleihung

(1) The insult shall end with the entry into force of a regulation which will remove the insult. (2) Beliehene may require the termination of the order at any time in writing or in electronic form. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety has to comply with this request within a period of three years. (3) The Beliehene is responsible for the orderly performance of the tasks assigned to it until the end of the In the event of an insult or until the expiry of the period referred to in paragraph 2.

Section 5
Fees and expenses for official acts of the Admissions Office
(To § 22 (2) of the Law)

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§ 13 Fees and charges

(1) The fees for official acts in accordance with § 8 (1) of the Beliehenen in connection with the certification as a testing agency and the supervision of the certified test sites shall be determined according to the applicable fee list. (2) The survey of Deposits are governed by Section 23 (6) of the Federal Law on Fees. Charges for telecommunications services provided for in paragraph 8 (1) are subject to the fee; this shall also apply to the travel expenses of external reviewers who are responsible for the expenses incurred in connection with the intended use of the services provided for in the (3) The fees and expenses shall be added to the statutory value added tax.

Section 6
Transitional and final provisions

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Section 14 Transitional provision

§ § 3 and 4 do not apply to liquid biofuels or biofuels which are used before 1 January 2014. Unofficial table of contents

Section 15 Entry into force; expiry of the external force

(1) This Regulation shall enter into force on the day following the announcement. (2) § 13 and the Appendix (to § 13) shall not enter into force on 14 August 2018. Unofficial table of contents

Annex (to § 13)
Charge directory

(Fundstelle: BGBl. I 2013, 4096-4097)




Tariff leftits of the admission fee rate (net amount plus Sales tax) Information in euro

1	Initial certification
1.1	Application examination and communication
1.1.1	According to the file situation for up to three categories of activity, in accordance with Annex I of the Verification Regulation	945
1.1.1.1	-in addition to 1.1.1 each further three categories of activity requested in accordance with Annex I of the Verification Regulation	315
1.1.2	with discussion in the rooms of the Admissions Office for up to three activity groups according to Annex I of the Verification Regulation	1 260
1.1.2.1	-in addition to 1.1.2 for each further three categories of activity requested in accordance with Annex I of the Verification Regulation;	315
1.1.2.2	-Attracting external reviewers, each reviewer and up to three requested activity groups in addition to 1.1.2	250-335
1.2	Implementation of the evaluation (per Office audit or per Witness-Audit)	840
1.2.1	plus staff of the Admissions Office on site, per person and day	840
1.2.2	plus external assessors on site, each expert and per day	750-1 000
2	Recertification
2.1	Application examination and communication according to the file situation	Cost accordingly Tariff points 1.1.1 and 1.1.1.1
2.2	Review within the framework of the recertification	Cost accordingly Tariff posts 1.2 to 1.2.2
3	Evaluation according to Article 49 of the Verification Regulation in the period between certification and recertification	Cost accordingly Tariff posts 1.2 to 1.2.2
4	Admission-dependent verification on the basis of Articles 51, 61 and 72 of the Verification Regulation in the period between certification and recertification
4.1	Document verification and communication, without evaluation	1 000-5 000
4.2	Site-dependent assessment	Cost accordingly Tariff posts 1.2 to 1.2.2
5	Certification scope change
5.1	Application examination and communication
5.1.1	According to the file situation for up to three categories of activity, in accordance with Annex I of the Verification Regulation	525
5.1.1.1	-in addition to the additional three categories of activity requested in accordance with Annex I of the Verification Regulation, additional to 5.1.1	525
5.1.2	with discussion in the rooms of the Admissions Office for up to three activity groups according to Annex I of the Verification Regulation	840
5.1.2.1	-in addition to the additional three categories of activity requested in accordance with Annex I of the Verification Regulation, additional to 5.1.2	315
5.1.2.2	-Attracting external reviewers, each reviewer and up to three requested activity groups in addition to 5.1.2	250-335
5.2	Assessment as part of the modification of the certification area	Cost accordingly Tariff posts 1.2 to 1.2.2