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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

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

Non-official table of contents

EHV 2020

Date of delivery: 20.08.2013

Full version:

" Emissions Trading Regulation 2020 of 20. August 2013 (BGBl. 3295), as set out in Article 1 of the Regulation of 10 June 2008. December 2013 (BGBl. I p. 4095) "

:Modified by Art. 1 V v. 10.12.2013 I 4095

For details, see the Notes
*
This Regulation is designed to implement Directive 2009 /28/EC of the European Parliament and of the Council of 23 June 2009 on the implementation of the European Parliament and Council Directive. The European Parliament and the Council of 27 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 136, 31.5.2001, p. 16).

Footnote

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

unofficial table of contents

input formula

It reorders
-
§ 28 (1) (3) (b) and (c) of the Greenhouse Gas Emissions Trading Act of 21. July 2011 (BGBl. 1475), the Federal Government as well as
-
of section 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. 2431), and paragraph 4, first sentence, points 1 to 3, have been inserted by Article 1 (13) (b) of the above-mentioned Act, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety:
name="BJNR329500013BJNE000201116 "/>Non-Official Table of Contents

Content Summary

Section 1General Rules
§ 1Scope and purpose
§ 2
2Emission Reporting (Section 5 of the Law)
§ 3Emission factor in the use of liquid biofuels
§ 4 Emission factor in the use of biofuels in air transport
§ 5Requirements for detection of the use of biofuels Analysis methods
3Reexchange of emission credits (To § 18 of the law)
§ 6Reswability of emission credits
§ 7Rever
  Section 4Certification of test sites (To § 21 of the law)
§ 8 Beleihung
§ 9Applicable regulations
§ 10 Exclusion from certification
§ 11oversight of the activity of the belives
§ 12Termination of
5Fees and Offers for
Officers of the Admissions Office
(To § 22, paragraph 2, of the Law)
§ 13Fees and
  Section 6Transitions and Final Provisions
§ 14 Transitional provisions
§ 15Entry into force;
(to § 13)

Section 1
General Rules

Non-official table of contents

§ 1 Scope and Purpose

This regulation applies within the scope of the greenhouse gas emission trading law. It serves to concretize the requirements of § § 5, 18 and 21 of the Greenhouse Gas Emissions Trading Act. Non-official table of contents

§ 2 Definitions

For this Regulation, the following definitions apply:
1.
least developed countries: States listed on the list of least developed countries decided 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 (Section 3 (10) of the Law), which are available at the time of entry into the the combustion or combustion chamber are liquid;
3.
Biofuels: biofuels as defined in Article 3 (22) of the monitoring regulation;
4.
Verification Regulation: Commission Regulation (EU) No 600/2012 of 21 December 2012. The European Parliament and Council Directive 2003 /87/EC of the European Parliament and of the Council 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 of the Council (OJ L 73, 1), as amended.

Section 2
emissions reporting
(To § 5 of the law)

unofficial table of contents

§ 3 Emission factor in 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, in so far as the liquid biofuels used are the sustainability requirements of § § 4 to 8 of the Biomassestrom-Sustainability Ordinance of 23. July 2009 (BGBl. 2174), as last amended by Article 2 (70) of the Law of 22. December 2011 (BGBl. 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 shall be replaced by the first sentence of 1. 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 Power Sustainability Regulation must be met; this The restriction does not apply to liquid biomass from residual materials from the agricultural, forestry or fish industries or from aquaculture.(2) In the case of the use of liquid biofuels for heat generation, paragraph 1 shall apply with the proviso that, in order to calculate the greenhouse gas reduction potential, instead of the reference value for fossil fuels referred to in point 4 of Appendix 1, the Biomass power sustainability ordinance 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 of paragraphs 1 and 2 for the liquid biofuels used must be proven by a recognised proof of sustainability according to § 14 number 1, 2 or 3 of the Biomass Power Sustainability Ordinance or by a sustainability certificate according to § 24 of the Biomassestrom-Sustainability Regulation, which, in the database of the authority responsible pursuant to Section 74 (1) (3) third sentence of the Biomass Power Sustainability Regulation, shall be placed on the account of the authority referred to in section 19 (1) (3) of the Greenhouse gas emissions trading legislation is being referred to the competent authority.(4) For the use of liquid biofuels in plants which are not an interface in accordance with Article 2 (3) of the Biomass Power Sustainability Ordinance and where no such interface is located, proof of compliance with the By way of derogation from paragraph 3, sustainability requirements shall be provided by a certificate of certification of a certification body recognised in accordance with Section 42 (1) or (2) of the Biomass Power Sustainability Ordinance. § § 48, 49, 52 to 55 of the Biomassestrom-Sustainability Ordinance apply accordingly.(5) Paragraphs 1 to 4 shall apply mutagens to liquid biofuels as part of a fuel mixture and to the determination of the carbon content when a mass balance is applied.(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 set out in paragraphs 1 to 5 are not met, the emission factor in the use of liquid biofuels shall be determined in accordance with the requirements of the monitoring regulation for the determination of the emission factor for fossil fuels. Non-official table of contents

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

(1) When using biofuels in air transport the emission factor shall be zero if the biofuels used comply with the sustainability requirements of § § 4 to 8 of the biofuel sustainability regulation of 30 June 2013. September 2009 (BGBl. 3182), as last amended by Article 2 of the Regulation of 26 June 2000. 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; The restriction does not apply to biofuels made from residual materials from the agricultural, forestry or fish industries or from aquaculture.(2) Compliance with the requirements referred to in paragraph 1 shall be proven by a recognised proof of sustainability in accordance with Section 14 (1), (2) or (3) of the Biofuels Sustainability Ordinance or by a sustainability certificate in accordance with § 24 of the Biofuel sustainability regulation, which, in the database of the authority responsible pursuant to Section 66 (1) (3) third sentence of the Biofuels Sustainability Regulation, is to be placed on the account of the account of the German government pursuant to § 19 (1) (3) of the Greenhouse gas emissions trading legislation is being referred to the competent authority.(3) In the case of biofuels as part of a fuel mixture, paragraphs 1 and 2 shall apply accordingly.(4) Where the requirements referred to in paragraphs 1 to 3 are not met, the emission factor for the use of biofuels shall be determined in accordance with the requirements of the monitoring regulation for the determination of the emission factor for fossil fuels. Non-official table of contents

§ 5 Verification Requirements for Applied Analysis Methods

As far as the emissions are determined, calculation factors , the verification requirements in Articles 32 to 35 of the Monitoring Regulation shall apply to all methods of analysis applied.

Section 3
Reexchange of Emission credits
(To § 18 of the law)

Non-official table of contents

§ 6 Reswability of issuance credits

In addition to the emission credits according to § 18 (3) of the Act, certified emission reductions as defined in § 2 point 21 of the Project Mechanisms Act are also able to be exchanged for projects which are
1.
from the Executive Board within the meaning of § 2 point 22 of the Project-Mechanisms-Law after the 31.
are
in a state that is one of the least developed countries at the time of registration.
name="BJNR329500013BJNE000900000 " />Non-official table of contents

§ 7 exchange procedures

For the exchange of emission credits in allowances for the trading period 2013 to 2020, the Requirements of the Register Regulation as defined in Article 19 of Directive 2003 /87/EC. In the case of emission credits for emission reductions provided before 2013, the operator shall be required to take the necessary action for the exchange of emissions in the Emissions Trading Register before the 1. April 2015. If there is a delay in the interaction, there is no entitlement to exchange.

Section 4
Certification of test sites
(To § 21 of the law)

Non-official table of contents

§ 8 Ceremony

(1) The DAU-German registered in the Commercial Register, Department B of the Local Court Bonn under the number 6946 Accreditation and registration company for environmental verifiers mbH will be loaned with the tasks of the Admissions Office pursuant to Article 54 (2) of the Verification Regulation (Beliehene). The order for the first sentence shall be effective at 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 to how the tasks assigned to them under this Regulation are to be carried out in detail.(3) The Beliehene is obliged to continuously ensure all personnel, organisational and financial conditions for the proper performance of the tasks entrusted 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 administrative act issued by the Admissions Office, the Admissions Office shall be responsible for the decision on the objection. Non-official table of contents

§ 9 Applicable regulations

(1) With regard to the requirements for the verifiers to be certified, the The authorisation body and the certification procedure shall apply in accordance with the verification regulation, with the proviso that instead of the accreditation, the certification must be sent 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 does not operate at the certified inspection body. This shall also apply to the tasks of the independent auditor in accordance with Article 36 (3) of the Verification Regulation. Non-official table of contents

§ 10 Exclusion of certification

(1) Natural persons are excluded from certification as a test site, the
1.
in an employment relationship with a legal entity or a civil society that is the audit body in accordance with the verification regulation , or has submitted an application for such accreditation,
2.
an institution of a legal person or a civil society referred to in point 1 , or
3.
shareholders of a legal person or a civil society as referred to in point 1; in the case of participation in a capital company, this only if the participation in total exceeds the fifth part of the nominal capital of that company.
(2) In the case referred to in paragraph 1 (1), the application for certification may be subject to an ongoing accreditation procedure as a Verification point will only be decided after the decision on the accreditation application. If one of the grounds for exclusion referred to in paragraph 1 (1) to (3) subsequently arises, the Beliehene shall raise the certification as a test centre. Non-official table of contents

§ 11 Supervision of the activities of the bellies

(1) The oversight of the Beliehene extends to the lawfulness of the document. the certification and supervisory activities and the decisions of the Belieheners on supervisory measures pursuant to Article 53 of the Verification Regulation.(2) The Beliehene has up to 1 year of age. In a report to the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMD) has to demonstrate compliance with the requirements of the certification body and the certification procedure as mentioned in the verification regulation. Non-official table of contents

§ 12 Termination of the order

(1) The insult ends with the entry into force of a regulation that provides for the insult. is repealed.(2) The 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 obliged to perform the tasks assigned to it until the end of the service or until the expiry of the period referred to in paragraph 2.

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

Non-official table of contents

§ 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 monitoring of the certified test sites shall be determined according to the applicable fee list.(2) The collection of outlays is governed by Section 23 (6) of the Federal Law on Fees. Charges for telecommunications services provided for under Section 8 (1) are subject to the fee; this shall also apply to the travel expenses of external reviewers who have been incurred as part of the intended use of the services provided for in the official acts. , in so far as these travel expenses do not exceed the amount of EUR 300 per evaluation day.(3) The fees and charges shall be added to the statutory value added tax.

Section 6
Transition and Final Provisions

unofficial table of contents

§ 14 Transitional provision

§ § 3 and 4 do not apply to liquid biofuels or biofuels that are prior to the 1. January 2014. Non-official table of contents

§ 15 Entry into force; expiry date

(1) This Regulation enters into force on the day after the announcement.(2) § 13 and the Appendix (to § 13) occur on 14. August 2018. Non-official table of contents

Asset (to § 13)
Fees Directory

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

Taric leftharches Permit set rate
(net amount plus
sales tax)
data in euros
1 First certification
1.1 Application validation and communication
1.1.1 according to file location for up to three activity groups according to Annex I of the Verification Regulation 945
1.1.1.1-each additional three requested activity groups in accordance with Annex I of the Verification Regulation in addition to 1.1.1 315
1.1.2 with conversation in the rooms of the Admissions Office for up to three Activity groups as defined in Annex I of the Verification Regulation 1 260
1.1.2.1-each further three categories of activity requested in accordance with Annex I of the Verification Regulation in addition to 1.1.2 315
1.1.2.2-Execution of external reviewers, each reviewer, and up to three requested activity groups in addition to 1.1.2 250-335
1.2 Implementation of the review (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 evaluator on site, per review and per day 750-1 000
2 Rezertification
2.1 Application examination and communication according to file location Cost corresponding to
tariff points 1.1.1 and 1.1.1.1
2.2 Review as part of the recertification Cost According to
tariff posts 1.2 to 1.2.2
3 Review according to Article 49 of the Verification Regulation in the period between certification and recertification Cost According to
tariff posts 1.2 to 1.2.2
4 Anlass-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 review 1 000-5 000
4.2 Anlass-dependent review Costs corresponding to
tariff points 1.2 to 1.2.2
5 Modification of the certification area
5.1 Application validation and communication
5.1.1 according to file location for up to three activity groups according to Annex I of the Verification Regulation 525
5.1.1.1-each additional three requested activity groups in accordance with Annex I of the Verification Regulation in addition to 5.1.1 525
5.1.2 with conversation in the rooms of the Admissions Office for up to three Activity groups as defined in Annex I of the Verification Regulation 840
5.1.2.1-each further three categories of activity requested in accordance with Annex I of the Verification Regulation in addition to 5.1.2 315
5.1.2.2-Execution of external reviewers, each reviewer, and up to three requested activity groups in addition to 5.1.2 250-335
5.2 Review as part of the certification scope changeCost corresponding to
tariff points 1.2 to 1.2.2