Implementing Regulation on guarantees of origin for electricity produced from renewable energy sources

Original Language Title: Durchführungsverordnung über Herkunftsnachweise für Strom aus erneuerbaren Energien

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Implementing Regulation on guarantees of origin for electricity produced from renewable energy sources (guarantee of origin-Implementing Regulation-HkNDV)

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HkNDV

Date of completion: 15.10.2012

Full quote:

" Certificate of origin-Implementing Regulation of 15. October 2012 (BGBl. 2147), as defined by Article 20 of the Law of 21 July 2014 (BGBl. 1066).

Status:

Amended by Art. 20 G v. 21.7.2014 I 1066

For more details, please refer to the menu under Notes

*): 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 the Directive 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: 19.10.2012 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 28/2009 (CELEX Nr: 32009L0028) + + +)

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Input formula

Pursuant to Section 64d (1) to (4) of the Renewable Energies Act, which is defined by Article 1 (41) of the Law of 28 July 2011 (BGBl. I p. 1634), in conjunction with Section 64h (3) sentence 1 of the Renewable Energy Act, which is defined by Article 1 (23) of the Law of 17 August 2012 (BGBl. I p. 1754), in conjunction with Section 6 (1) of the Certificate of Origin Regulation of 28 November 2011 (BGBl. 2447), the Federal Environment Agency (Umweltbundesamt), in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry for Economic Affairs and Technology: Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Register Management
§ 2	Definitions
§ 3	Operation of the register
§ 4	Account Opening
§ 5	Service providers

Section 2Exhibition of
Proof of origin
and registration of plant subsection 1Show of guarantees of origin

§ 6	Issuing of proof of origin
§ 7	Exhibition of certificates of origin for electricity from pumped storage power plants
§ 8	The content of the certificate of origin
§ 9	Determination of the production period

Subsection 2Registration of assets

§ 10	Initial Asset Registration
§ 11	Environmental verifier for plant registration
§ 12	Asset Data Change
§ 13	Registering multiple assets as one asset
§ 14	Asset Registration Effectivity; Re-Asset Registration
§ 15	Erasing the installation registration and switching of the plant operator or the plant operator

Section 3Transfer and
Devaluation of proofs of origin

§ 16	Transmission of guarantees of origin
§ 17	Use and devaluation of proofs of origin

Section 4Recognition
foreign certificates of origin

§ 18	Recognition of foreign guarantees of origin
§ 19	Transfer of recognised guarantees of origin

Section 5obligations of
Register participants
register participants and
by users

§ 20	General notification and co-action obligations
Section 21	Participation and participation obligations of account holders and account holders
Section 22	Transmission and notification obligations of the network operators
Section 23	Participation obligations of plant operators and plant operators
§ 24	Activities of environmental verifiers and environmental verifiers
Section 25	Presentation of additional documents

Section 6Data protection

Section 26	Data collection
§ 27	Data transfer
§ 28	Deletion of data

Section 7Other provisions

§ 29	Fine
§ 30	Account lockout
Section 31	Account closure
Section 32	Exclusion from participation in the register
§ 33	Exclusion of opposition proceedings
Section 34	terms of use
§ 35	entry into force

Section 1
General provisions

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§ 1 Register Guidance

The register administration carries out the register of proofs of origin as an electronic database, in which the issuing of national proofs of origin, the recognition of foreign proofs of origin, and the transfer and devaluation of certificates of origin in foreign countries and foreign countries, Guarantees of origin are registered. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Annex: an installation within the meaning of Section 5 (1) of the Renewable Energy Act; supply a number of plants producing electricity from similar renewable energy sources via a common calibrated meter and a counting point with an identical designation , the totality of these installations shall be deemed to be an installation;

2.

Biomass: biomass within the meaning of Article 2, sentence 3, point (e) 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 subsequent Repeal of Directives 2001 /77/EC and 2003 /30/EC (OJ L 197, 21.7.2003, p OJ L 140, 5.6.2009, p. 16);

3.

Account: an account held by the Registry, on which the issuing, transfer, recognition and devaluation of proofs of origin is carried out;

4.

User or user: a natural person who is entitled to take action in relation to the administration of the register for a register participant or a register participant; provided that the register participant is a natural person people, they can also be users themselves;

5.

6.

Register participant or register participant: account holder or account holder, service provider, environmental verifier or environmental expert organisation, if they are registered with the register;

7.

Register administration: the Federal Environment Agency as the competent authority in accordance with § 79 (4) of the Renewable Energy Act or a legal person under Article 4 of the Certificate of Origin Regulation with the operation of the register;

8.

Environmental verifier or environmental verifier organisation:

a): Environmental verifiers or environmental verifiers organisations within the meaning of Section 2 (2) or (3) of the Environmental Law in the version of the Notice of 4 September 2002 (BGBl. 3490), as last amended by Article 1 of the Law of 6 December 2011 (BGBl). 2509), as amended, in so far as they have an authorisation for the production of electricity from renewable energy sources or an authorisation for the production of electricity from hydroelectric power, and
b): Environmental verifiers or environmental verifier organisations which have an authorisation in the said areas in another Member State of the European Union or of a State of the European Economic Area, in accordance with the conditions laid down in Article 18 (1) and (2) of the Environmental Law.

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§ 3 Operation of the register

(1) Register participants are obliged to use the electronic form templates provided by the register management system for the communication with the register management. The form templates provide details of the information that the register participants must make pursuant to this Regulation. (2) Register participants are still obliged to communicate with the Register administration to open and use electronic access within the communication system provided by the registry office. Register management provides such a communication system for the receipt of electronic documents and messages as well as for the announcement of decisions. Administrative acts, decisions and communications relating to the management of the register, which are transmitted electronically to the electronic access of the register participant and the register participant in accordance with the first sentence, shall be deemed to be valid on the third day after the date of dispatch. (3) The register administration may provide the register participants with a specific, established and adequate encryption method for the transmission of data to the register management system. (4) The register management is entitled to error in the case of the The exhibition, transmission, recognition and devaluation of proofs of origin, as well as errors in plant and register participant data, should be corrected. In addition, the Registry shall be entitled to take the necessary measures to prevent any future errors in the sense of the first sentence. Unofficial table of contents

§ 4 Account opening

(1) For the issuing of national proofs of origin, the recognition of foreign proofs of origin as well as the transfer and devaluation of certificates of origin and foreign proofs of origin, an account is required in the register, which accounts for the register administration in accordance with paragraph 2. (2) Register management shall open an account if a natural or legal person or a legal entity so requests and the administration of the register the account opening and account management; data required in accordance with paragraphs 3 and 4. A natural or legal person or a legally competent partnership may be the holder of several accounts. (3) A natural person who requests an account has the following data to be transmitted electronically:

1.: Before-and surname, address, state of residence as well as telephone number and e-mail address,
2.: the VAT identification number, if any, and
3.: the intended function or the intended functions of the account holder or the account holder as a plant operator or operator, dealer or distributor or supplier of electricity.

The persons referred to in the first sentence must prove their identity by means of an appropriate procedure which determines the management of the register. When further accounts are opened for the same applicant or the same applicant, the re-identification of the identity shall not be required. In the case of the acts listed in the terms of use in accordance with § 34, the register management shall be entitled, in connection with the use of the register, to the account holder or to the account holder to the data required for authentication. (4) A legal person or a legally competent partnership which applies for an account has the following data to be transmitted electronically:

1.: their name and seat as well as their telephone number and e-mail address,
2.: Before and surname, address, state of residence, and telephone number and e-mail address of the natural person acting for the applicant,
3.: their VAT identification number, if any,
4.: the intended function or functions of the account holder or the account holder as an operator, distributor or electricity supply undertaking; and
5.: the commercial register number, if the legal person or legal entity is registered in the commercial register.

The persons referred to in point 2 of the first sentence shall demonstrate their identity by means of an appropriate procedure for the administration of the register and their power of representation for the application of the account and for the management of the accounts. In the case of the acts listed in the terms of use in accordance with § 34, the register management shall be entitled, in connection with the use of the register, to the account holder or to the account holder to the data required for authentication. (5) When applying for the account or at a later date, the applicant or the applicant shall be entitled to designate one or more natural persons of the same undertaking as users who shall act in the context of: with the use of the register, to which the account holder or the account holder is entitled and obligated. The designation referred to in the first sentence may be revoked at any time. A natural person may be designated as a user for several accounts of an account holder or an account holder. (6) The Registry Office shall refuse the application for opening an account if the applicant is from participating in the register is excluded in accordance with Article 32 (1). The application may be rejected if the conditions for a blocking of the account pursuant to § 30 (2) or for the closure of the account pursuant to § 31 (2) are available. Unofficial table of contents

§ 5 Service Provider

(1) The account holder or the account holder is entitled to either natural persons who cannot be named as a user or user in accordance with § 4 paragraph 5, or legal persons or legal partnerships as a service provider. empowered. The authorization shall extend to all acts relating to the use of the register to which it or he is entitled and obligated, if there are no legitimate interests of the administration of the register. (2) Service provider can only perform actions for the account holder or the account holder if there is a full power that the account holder or account holder has granted to the service provider in relation to the register management and which is in the form of a and content is in accordance with the register management specifications. A service provider can also work for several account holders. (3) The service provider has to register with the register administration. For the purposes of registration, § 4 (2) to (6) shall apply mutas. (4) The Registry Office may exclude service providers from the use of the register if the use of the register is contrary to the legitimate interests of the registry administration. This is usually the case when there are reasonable doubts as to the reliability of the service provider or if the service provider has repeatedly given incorrect information in applications to the register administration. The service provider shall be re-registered upon request, if the reasons justifying the exclusion are eliminated.

Section 2
Exhibition of certificates of origin and registration of plants

Subsection 1
Issuing of proof of origin

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§ 6 Exhibition of certificates of origin

(1) At the request of the plant operator or the plant operator, the register management shall issue a guarantee of origin per megawatt hour of electricity produced from renewable energy sources and record it in the account of the plant operator or the operator of the plant operator. Plant operator, if

1.: a valid registration for the plant is available in accordance with § § 10 to 15, and the plant operator or the plant operator has an account to which this installation is assigned,
2.: the quantity of electricity for which the issuing of proof of origin is requested, in the installation registered in accordance with § § 10 to 15 after its registration from renewable energy sources; in the case of a preliminary plant registration according to § 11 Paragraph 5 must have been followed by the confirmation of the environmental verifier or the environmental verifier organisation,
3.: the network operator of the register management has communicated the amount of electricity produced and fed into the grid by the installation, in accordance with section 22;
4.: for the quantity of electricity produced from renewable energy sources, no proof of origin and no other proof has been issued, which at least is the electricity marking or any other procedure for the identification of a supply of electricity in Germany or abroad; will also serve
5.: For the quantity of electricity produced for the operator of high-efficiency cogeneration plants within the meaning of § 3 (2) of the Combined Heat and Power Act, no guarantee of origin in accordance with § 9a of the Combined Heat and Power Act for electricity, which is in power-to-heat generation,
6.: no promotion in accordance with § 19 of the Renewable Energy Sources Act has been used for the generated amount of electricity generated from renewable energy sources and the network operator has transmitted corresponding data in accordance with § 22,
7.: the certificate of origin should not be devalued at the time of the exhibition because of the time-lapse in accordance with § 3 (4) of the Certificate of Origin Regulation and Section 17 (5) sentence 1,
8.: an environmental verifier or an environmental verifier in the case of installations which, in addition to renewable energy, may also use other energy sources and have an output of more than 100 kilowatts, has confirmed before the exhibition that the the conditions laid down in point 2, and
9.: by issuing the certificate of origin, the safety, accuracy and reliability of the register will not be jeopardised.

(2) The application for the issuing of guarantees of origin may also be made before the production of the quantities of electricity, unless it is electricity from installations which, apart from renewable energy sources, may also use other energy sources and a The plant operator or the operator of the plant shall, when applying for the issue of proofs of origin, indicate whether and in what way the quantity of electricity for which the plant operator is responsible for the production of electricity from pumped storage power plants shall be: Certificates of origin have been applied for, supported by the state. However, the operator of the plant or the plant operator is prohibited from applying for a guarantee of origin if the amount of electricity generated has been used in accordance with § 19 of the Renewable Energy Sources Act. (4) The The operator of the plant or the plant operator shall be prohibited from applying for a guarantee of origin for the quantity of electricity produced, for which a guarantee of origin according to § 9a of the Kraft-Heat-Coupling Act or another proof of the identity of a Electricity supply from renewable energy sources in Germany or abroad has been issued. Furthermore, the plant operator or the plant operator is prohibited from applying for a guarantee of origin for a quantity of electricity which is not from renewable energy sources in a plant registered in accordance with § § 10 to 15 after their registration (5) The plant operator or operator of the plant was issued at an earlier point in time of origin, without the exhibition being based on a corresponding production of a quantity of electricity from renewable energy sources may, in so far as the plant operator or the The system operator has not requested devaluation in accordance with § 17 (6), refusing to issue certificates of origin to an appropriate extent. Unofficial table of contents

Section 7 Exhibition of guarantees of origin for electricity from pumped storage power plants

(1) For electricity produced from renewable energy produced in pumped storage power plants with natural inflows, guarantees of origin shall be issued for the whole quantity of electricity produced in the pumped storage power plant, minus the energy produced by the pumped storage power plant. for the pumping operation, and taking into account an appropriate factor for the energy losses. (2) The amount of electricity relevant to the issuing of guarantees of origin shall be calculated as follows: The amount of electricity used for the pumping operation The quantity of electricity shall be multiplied by an efficiency factor of 0,83 and then to withdraw from the amount of electricity fed in. The operator of the plant or the plant operator shall be entitled to submit, for an installation referred to in paragraph 1, a different efficiency factor, according to which the quantity of electricity relevant for the issue of guarantees of origin is calculated, if the said quantity of electricity is is confirmed by an environmental verifier or an environmental verifier organisation. (3) The operator or the operator of an installation referred to in paragraph 1 shall, without prejudice to § 6, apply for the establishment of a certificate of origin for the pumping operation, without prejudice to § 6 the amount of electricity applied for the period for which guarantees of origin are requested, , as well as the amount of electricity required for the issuing of guarantees of origin in accordance with paragraphs 1 and 2, and to be confirmed by an environmental verifier or an environmental verifier. Unofficial table of contents

Section 8 Content of the certificate of origin

(1) A certificate of origin issued by the Registry Office shall, in addition to the information in accordance with § 2 of the Certificate of Origin Regulation, receive the following further information:

1.: register management as the issuing body,
2.: the identification number of the installation and the number of registers issued by the register management; and
3.: the name of the installation.

(2) At the request of the plant operator or the plant operator, the certificate of origin may also contain information on the manner in which the power generation is produced in the plant. The additional information may be included only if its accuracy in the application for the issue of guarantees of origin or, in so far as it relates to plant-specific data, which have already been established in the course of the registration of the plant, in the case of the Asset registration has been confirmed by an environmental verifier or an environmental verifier organization. If the guarantee of origin is transferred abroad, the additional information shall be deleted. (3) At the request of the plant operator or the plant operator, the indication of origin shall be added to the indication that the plant operator or the plant operator System operator shall have sold and delivered to the electricity supply company the quantity of electricity on which the guarantee of origin is based, to which it will also transfer the certificate of origin. The application shall include the name and market partner identification number of the electricity supply undertaking and the balance sheet in which the amount of electricity produced shall be supplied and, if the quantity of electricity to be produced is to be supplied to a number of Electricity supply undertaking shall be supplied to indicate the percentage of each electricity supply undertaking. The information provided for in the second sentence shall be confirmed by an environmental verifier or an environmental verifier in the case of the application for the issue of proofs of origin. The operator of the plant or the plant operator shall be obliged to supply the electricity which is the basis of the guarantees of origin with the additional information provided for in the first sentence of this paragraph to the electricity supply undertaking. The register administration is entitled to check the actual delivery of the electricity subsequently. If the guarantee of origin is transferred from the electricity supply company to a third party, the additional information is deleted. (4) The register administration is entitled to provide additional, restrictive and final specifications on the content of the to make additional information requested by the plant operator or the operator of the plant in accordance with paragraphs 2 and 3. Unofficial table of contents

§ 9 Definition of the production period

(1) The certificate of origin shall indicate the beginning and the end of the electricity production on which the guarantee of origin is based. (2) For installations equipped with technical equipment with which the network operator shall at any time be equipped with the relevant If feed-in can be obtained, the beginning of the production period shall be the first day of the calendar month and, as the end of the production period, the last day of the calendar month in which the production of the quantity of electricity has been completed. (3) Installations not covered by paragraph 2 shall be considered as the beginning of the production period of the first day after the last reading of the power generation data and as the end of the production period, indicating the date of the last reading of the power generation data.

Subsection 2
Registration of assets

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§ 10 First-time plant registration

(1) One or more assets operated by the account holder or the account holder may be assigned to an account if the asset is within the scope of the Renewable Energy Act and, in accordance with paragraphs 2 and 3, and the § § 11 to 15 has been registered. (2) The register management registers the installation and assigns it to the account of the applicant or the applicant, if the plant operator or the plant operator so requests and the register management the the following data are transmitted electronically:

1.: pre- and surname in the case of natural persons or name and registered office of legal persons;
2.: Location of the plant by road, house number, postal code, location, county, state, parcel or in the case of wind turbines at sea according to § 5, point 36 of the Renewable Energy Act, with the geographical coordinates,
3.: the name and address of the operator of the general supply in whose network the installation feeds; to the extent that electricity from the plant is fed into a network which is not a network for the general supply of electricity, and this electricity from the latter or the final consumer who is connected to this network: the name and address of this network operator;
4.: the sources of energy from which the electricity is generated in the plant, including energy sources which are not renewable energy sources,
5.: in the case of biomass plants, whether the plant may only use biomass or other sources of energy,
6.: a unique name of the installation, and, where available, the name of the manufacturer and the type of installation,
7.: the plant identification numbers used by the network operator in the context of the settlement of the remuneration in accordance with the Renewable Energy Act (EEG plant key), provided that such numbers are present,
8.: the number of the measuring device or the measuring point at the network connection point,
9.: installed capacity of the installation,
10.: the date of entry into service of the plant;
11.: the designation of all the receiving network operators of the general supply or, where the installation is connected to another network, the counting points issued by the receiving other network operator, via which the points in the installation the electricity generated when fed into the grid is recorded,
12.: if the installation has a number of counting point designations according to point 11: a calculation formula to determine from the quantities of current measured at the counting points the amount of electricity actually generated by the installation to be registered, fed into the grid and to the final consumer and the consumer,
13.: if the installation has a counting-point designation in accordance with point 11 and the quantity of electricity measured there does not correspond to the quantity of electricity actually produced by the installation to be registered, fed into the grid and sent to the final consumer Last Consumer delivers: a calculation formula to determine from the amount of current measured at the counting point the amount of electricity actually generated by the asset to be registered, fed into the grid, and to the last consumer ,
14.: an indication as to whether the installation is equipped with technical equipment, with which the network operator can at any time obtain the relevant actual feed,
15.: in the event that a technical facility in accordance with point 14 does not exist: the meter reading at the time the application was submitted,
16.: the converter factor of the installation, if any,
17.: Information on whether and to what extent investment aid has been paid for the investment,
18.: the account to which the register management is to assign the asset if the account holder or account holder has multiple accounts, and
19.: an indication as to whether a case of Section 11 (1) (2) is present.

(3) The installation shall be registered only if the postal code referred to in paragraph 2 (2) and the data referred to in paragraph 2 (11) are in accordance with the data transmitted by the network operator pursuant to Article 22 (1) and (3). Unofficial table of contents

§ 11 Environmental verifier in the event of plant registration

(1) The following plants with an output of more than 100 kilowatts shall be registered only if the plant operator or the plant operator is responsible for the accuracy of the data transmitted in accordance with § 10 (2) by an environmental verifier or by an operator. Environmental verifier organization can be confirmed:

1.

Installations which generate electricity from biomass and which, in addition to renewable energy, may also use other energy sources, and

2.

Installations whose electricity produced in the last five years prior to the application for registration for a maximum of six months

a): has been paid in accordance with the Renewable Energy Sources Act or a market premium in accordance with Section 33g of the Renewable Energy Sources Act, or
b): For the purpose of reducing the EEG transfer by an electricity supply company in accordance with § 39 of the Renewable Energy Act, in the version in force on 31 July 2014 and § 104 (2) of the Renewable Energy Act was directly marketed.

(2) In addition, installations with a capacity of more than 100 kilowatts which have a special meter situation in accordance with Article 10 (2) (12) or (13) shall also be registered only if an environmental verifier or an environmental verifier is responsible for the (3) The confirmation required pursuant to paragraphs 1 or 2 shall apply to data the correctness of which is already made by an environmental verifier or an environmental verifier within the framework of the the last five years before the application for registration has been confirmed, only to this Circumstance. (4) Plant operators shall support the environmental verifier or the environmental verifier in their activities. In doing so, they shall provide the environmental verifier or the environmental verifier in particular with correct and complete documentation and data on request. (5) Until six months after the entry into service of the register, the Paragraphs 1 and 2 shall also be registered without the confirmation of an environmental verifier or an environmental verifier organisation (provisional plant registration). The confirmation shall be submitted no later than twelve months after the start of the service, otherwise the provisional registration of the plant shall be issued. Unofficial table of contents

§ 12 Change of plant data

(1) If the data communicated in accordance with § 10 (2) change, the plant operator or the plant operator shall be obliged to complete and immediately the modified data as well as the date on which the changes take effect the In the case of installations with a capacity of more than 100 kilowatts, the plant operator or plant operator has the correctness of the amended data according to § 10 (2) (4) to (6), (9) and (12) to (17) by means of a confirmation. of the environmental verifier or the environmental verifier. The confirmation shall be sent to the register administration within one month after the plant operator or the plant operator has become aware of the change in the data. No guarantees of origin for the amount of electricity generated in the relevant installation are issued before receipt of the confirmation in accordance with the second sentence of the register management. (3) If the postal code according to § 10 (2) (2) or the data in accordance with § 10 However, as amended by paragraph 2 (11), these amendments shall not be in conformity with the data transmitted by the network operator in accordance with Article 22 (1) and (3), no guarantees of origin shall be issued for the quantity of electricity produced in the installation in question. Unofficial table of contents

§ 13 Registration of several plants as an installation

(1) Where a number of installations within the meaning of Section 5 (1) of the Renewable Energy Act are registered as an installation pursuant to § 2 number 1, the system operator or the plant operator shall be responsible for the data in accordance with § 10 (2) for each individual installation within the meaning of § 5 (1) of the Renewable Energy Act. In the case of installations which generate electricity from solar radiation energy, the data shall be transmitted only for the overall situation. (2) In the case of the issuing of guarantees of origin for electricity from a facility registered in accordance with the first sentence of paragraph 1, The date when the oldest plant is put into service in accordance with Section 5 (1) of the Renewable Energy Act shall be declared as the time of putting into service. Unofficial table of contents

§ 14 Period of validity of the registration of the plant; reinstallation of the plant

(1) The system registration is valid for five years. (2) For the period after the expiry of the period of validity, a new plant registration can be applied for. To this end, the plant operator or the plant operator must confirm the data in accordance with § 10 (2) with respect to the registry administration by means of egg declaration. (3) The re-registration of the plant must be carried out at the earliest six weeks before and at the latest two months. after the expiry of the period of validity of the original plant registration. If the re-registration of the plant is not requested within two months of the expiry of the period of validity of the original plant registration, a new registration can only be made in accordance with § 10. Unofficial table of contents

§ 15 Ererase of the installation registration and change of the plant operator or the plant operator

(1) If the asset is no longer operated by the account holder or the account holder who is associated with it, its registration shall be issued. (2) By way of derogation from paragraph 1, the registration shall remain and the attachment may be made to the account of the new the asset operator or the new plant operator, if this or the new plant operator has previously been

1.: has opened an account in accordance with § 4,
2.: the assignment of the asset to its account or its account has been requested and the registration is still valid and
3.: the system operator or plant operator has been replaced by appropriate supporting documents in a form which determines the management of the register.

(3) The account holder or the account holder who is associated with an installation registered in accordance with § § 10 to 14 and who will no longer operate the facility shall be obliged to inform the registry office that it or he does not be more operator or operator of the plant. This shall be notified immediately after the notification has been made.

Section 3
Transfer and devaluation of proofs of origin

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§ 16 Transfer of guarantees of origin

(1) At the request of the account holder or the account holder, the register management shall transfer a guarantee of origin to the account of another account holder or account holder (acquirer or transferee) or to an account of the same. Account holder or the same account holder within the domestic register, insofar as this does not endanger the security, accuracy and reliability of the register. Such a risk is generally available if the proof of origin to be transferred has been issued on the basis of incorrect information pursuant to § 6 (1) or § 10 (2) or due to incorrect current quantity data in accordance with § 22 (2) and (3). (2) Application by the account holder or the account holder, the register management shall transfer a certificate of origin to the competent body of another Member State of the European Union, another Member State, in compliance with Section 4b of the German Federal Data Protection Act (Bundesdatenschutzgesetz). Contracting State of the Agreement on the European Economic Area, Switzerland or in accordance with § 4c of the Federal Data Protection Act (Bundesdatenschutzgesetz) to the competent authority of a Contracting State of the Treaty establishing the Energy Community. The register management may refuse the transfer if no electronic and automated interface is offered for this transfer to which the register management is connected. (3) The request for transfer to the account of another The account holder or any other account holder shall be inadmissible if the acquirer or the acquirer was aware of the acquisition of the proof of origin that the amount of electricity required for the exhibition was not produced from renewable energy sources. Unofficial table of contents

§ 17 Use and devaluation of proofs of origin

(1) The use of a certificate of origin for the purpose of electricity labelling pursuant to Article 42 (1) (1), (3) and (5) (1) of the Energy Economic Law shall be carried out by the electricity supply undertaking as the holder of the Proof of origin to the register administration declares that it uses the certificate of origin for electricity labelling supplied to the final consumer in the scope of the Renewable Energy Act (Renewable Energy Act) . Proof of origin may only be used for the purpose of electricity marking in accordance with Section 42 (1) (1), (3) and (5) (1) of the Energy Economic Act. (2) The use may only be made if the At the same time, electricity supply undertakings have requested the devaluation of the certificate of origin. The application for devaluation and use shall be inadmissible if the electricity supply undertaking has already been aware of the acquisition of the certificate of origin that the amount of electricity required for the exhibition does not come from renewable energy sources. (3) The electricity supply undertaking may, in the application for devaluation, specify a specific electricity product or the name of the electricity customer for which the certificate of origin is used. If the electricity customer is a natural person, the name of his name shall be allowed only with his consent. If no specific electricity product and no specific electricity customer is specified, this guarantee of origin may only be used for the designation of electricity from renewable energy sources in the overall energy mix of the applicant or the applicant in accordance with § 42 (4) The guarantee of origin may only be used for the electricity labelling of electricity quantities delivered in the same calendar year in which the end of the production period for the Proof of origin (5) If the guarantee of origin does not exceed twelve months at the latest at the end of the period of production of the quantity of electricity for which the guarantee of origin has been issued, the register management shall also devalue the proof of origin, even without a request. The use of such proof of origin is inadmissible. (6) holders of proofs of origin have to apply for the devaluation of certificates of origin issued on the basis of incorrect electricity quantity data or which have been issued on a special basis. serious and obvious errors. The purpose of the application shall be to indicate the purpose of the recovery. The use of such proofs of origin is inadmissible.

Section 4
Recognition of foreign guarantees of origin

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§ 18 Recognition of foreign proofs of origin

(1) Register management shall, upon request, recognise a guarantee of origin for electricity produced from renewable energy sources from Member States of the European Union, other States Parties to the Agreement on the European Economic Area, Contracting Parties to the Agreement Treaty establishing the Energy Community and Switzerland, if the guarantee of origin meets the requirements of Article 15 of Directive 2009 /28/EC. This is the case if there are no reasonable doubts as to the accuracy, reliability or truthfulness of the proof of origin. There are no grounds for doubt as a rule if:

1.: the end of the production period of the quantity of electricity shown in the certificate of origin shall not be more than 12 months,
2.: the certificate of origin has not yet been used or devalued,
3.: there is a secure and reliable system for issuing guarantees of origin in the issuing and exporting State,
4.: an expulsion of the amount of electricity to the final consumer in the State of production and in the exporting country as electricity from renewable energy sources is excluded; and
5.: the guarantee of origin serves only for the purpose of the electricity labelling.

Register management may refuse the transfer of a guarantee of origin if no electronic and automated interface is offered for this transfer, to which the register management is connected. (2) Discovers the management of the register (3) Foreign proofs of origin issued prior to the entry into service of the register shall be recognised by the Commission and the Commission shall be informed of the reasons for their decision. Register management to the extent that they comply with the requirements of paragraph 1. Unofficial table of contents

Section 19 Transfer of recognised guarantees of origin

(1) In accordance with § 18, the register management shall transfer recognized foreign proofs of origin to the domestic account of the acquirer or the acquirer. For the purpose of the transfer, the register-leading body transferred to the home country must, together with the application for the transfer of the certificate of origin, forward the following:

1.: all the information required for the examination of the recognition from the proof of origin,
2.: the account number of the acquirer or acquirer,
3.: the name of the acquirer and/or the acquirer; and
4.: the name of the account holder or the account holder whose account is to be transferred from the proof of origin.

(2) In accordance with the provisions of paragraph 1 or Article 18 (1), the register management shall refuse to transfer a certificate of origin, it shall notify the objection to the register leading to the country of origin.

Section 5
Obligations of register participants and users of registers

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Section 20 General participation and co-action obligations

All register participants and users shall have, if any data have changed, to which they are obliged to transfer them to the register management, these changes shall be made fully and without delay by the Register management. Unofficial table of contents

§ 21 Co-participation and participation obligations of account holders and account holders

(1) Account holders and account holders have the obligation to check their account or their accounts on a regular basis and to check the proofs of origin received immediately after being aware of their accuracy, insofar as the account holder (2) Account holders and account holders are obliged to do so without prejudice to the obligation of register management pursuant to § 1 (4) of the Certificate of Origin Regulation, even all of them to take the necessary measures to ensure access by unauthorised third parties to prevent their account. If the loss or theft of an authentication instrument, improper use or other non-automated use of an authentication instrument or a personal security feature is detected, this shall be the case. (3) Account holders are obliged to immediately inform the registry administration of inconsistencies or errors in the data stored in the register, and to the extent that: can be corrected. (4) Account holders and account holders are shall notify the Registry of the deletion of an authorisation declared to the Registry Authority without delay. Unofficial table of contents

Section 22 Transmission and notification obligations of the network operators

(1) The operator of the general supply network to which an installation is requested for which registration pursuant to § 10 is requested shall, without delay, forward to the Registry the following:

1.: the counting point of the installation pursuant to Article 10 (2) (11) and
2.: the location of the asset using the postal code.

The operator of the network to which a registered installation is connected has, in addition, to transmit the modified counting point or the changed address to the register management in the event of a change in the count or address of the installation. (2) The The operator of the general supply network to which a registered installation is connected shall transmit the amount of the data measured at the points of the installation to the register management. For installations equipped with technical equipment with which the network operator can at any time be able to obtain the respective actual feed (calibrated registration load measurement), the data according to the first sentence shall be at least once a month to the point of departure. to transmit the working day of one month for the previous calendar month in a quarterly resolution. For other installations, the data according to the first sentence after the reading of the 28. The date of the month following the reading, but shall be transmitted at least once a year. The obligation to transmit is only provided that no financial support is paid for the electricity from the plant. (3) Insofar as electricity from the plant is fed into a network that is not a network for the general supply, and this stream of electricity from the plant is not available. The operator of the network shall be obliged to transmit the data referred to in paragraphs 1 and 2, provided that such data are supplied to the operator of the network for the benefit of the network operator, the latter being consumed by the network. general supply to which the installation is indirectly connected, not available. Where the operator of the general supply network is responsible for the data, it shall be obliged to communicate it in accordance with paragraphs 1 and 2. (4) The operator of a general supply network to which a registered installation on the register is either directly or indirectly, the Registry Office shall, without delay after a registration of the installation pursuant to § 10 has been requested, inform the register of whether the electricity generated by the installation and fed into the network shall be subject to a financial Promotion under the Renewable Energy Sources Act and in which In the sense of § 20 (1) of the Renewable Energy Sources Act, the divestment form is sold. A change in the form of divestment is also to be reported to the register administration without delay. (5) The transmission and communication of the data shall be carried out electronically; the register administration may set the format and the transmission path. The network operators shall be obliged to forward to the register management, upon request, the data necessary for the establishment of the electronic communication path between the two sides without delay. A change in this data shall be communicated to the Registry Office without delay. Register management may require network operators to provide a specific, established and adequate encryption method for the transmission of data to the register administration. In this case, the network operators shall be required to update the certificates necessary for the encrypted data communication in the register management prior to expiry of the register. (6) The register management may require the network operators to: that, in addition to the data referred to in paragraphs 1 and 4, additional data relating to the installations registered or registered on the register shall be transmitted, provided that the data for the register management are required. Unofficial table of contents

§ 23 Co-participation obligations of plant operators and plant operators

(1) Plant operators and plant operators to which, in accordance with § 6 guarantees of origin, have been issued for electricity from installations which have an output of more than 100 kilowatts and use biomass for power generation, shall have until 28 February of a The year for each preceding calendar year, by confirming an environmental verifier or an environmental verifier organisation, shall demonstrate that the electricity for which guarantees of origin have been issued has been produced exclusively from biomass. This proof is not required if evidence has already been provided in accordance with Article 6 (1) (8). (2) In order to carry out the evidence in accordance with paragraph 1 and Article 6 (1) point 8, the operators of plants for the generation of electricity from biomass, to the environmental verifier or the environmental verifier organisation, to submit a diary of feedstock containing information and evidence on the nature, quantity and unit and origin of the substances used in the calendar year concerned. In addition, they are obliged to keep the feedstock diary for test purposes for a period of five years from the end of the calendar year to which the fuel diary relates. (3) Insofar as the data in accordance with § 22 (1) To 3 to the quantities of electricity produced by an installation with a power of more than 100 kilowatts and fed into the grid, not transmitted by the operator of a network of general supply, its accuracy shall be that of the plant operator or the plant operator by an environmental verifier or by a (4) If plant operators do not comply with their obligations under paragraphs 1 to 3, the registry office may be responsible for the to devalue the proofs of origin issued on the basis of the unconfirmed data without application. The use of these devalued proofs of origin is inadmissible. Unofficial table of contents

Section 24 Activities of environmental verifiers and environmental verifiers

(1) Account holders shall have the accuracy of the data to be transmitted in accordance with § 6 (1) (8), § 7 (3), § 11 (1) and (2), § 12 (2), § 23 (1) and (3) and § 25 (1), as well as the accuracy of the voluntary information. According to § 7 (2) and § 8 (2) and (3), to be confirmed by an environmental verifier or an environmental expert organisation. To submit this confirmation, the environmental verifier or the environmental verifier organisation shall only be authorised within the scope of its authorisation range. The Registry Office shall inform the approval body competent pursuant to § 28 of the Environmental Protection Act, if there are reasonable doubts as to the proper execution of the activities pursuant to this Regulation by the environmental verifier or by the Environmental verifier organization. Plant operators shall support the environmental verifier or the environmental verifier in their activities. In doing so, they must make available to the environmental verifier or the environmental expert organisation in particular correct and complete documents and data on request. (2) For the confirmation, the environmental verifier or the environmental verifier shall be required to , immediately after the evaluation, the main findings and conclusions shall be laid down in writing in an opinion. The expert opinion must, in a comprehensible manner, reveal the content and results of the examination. The environmental verifier or the environmental verifier organisation shall enter and transmit the confirmation to the electronic form templates provided by the register administration. The opinion on which the confirmation is based shall be transmitted electronically on request to the registry administration. (3) The environmental verifier or the environmental verifier shall be commissioned in the course of his or her activities in accordance with the preceding paragraphs. of the person whose information is to be confirmed. (4) The environmental verifier or the environmental verifier organisation shall, before the start of his or her activity, register with the register administration within the meaning of this provision, and shall have a Proof of identity and authorisation to be provided. For the purpose of providing the proof, the register management shall establish a suitable procedure. For the verification of identity, the environmental verifier and a natural person acting for the environmental verifier organisation must transmit electronically, address, telephone number and e-mail address, in the case of environmental verifier organisations in addition to their name and address. The environmental verifier or the environmental verifier organisation of the registry administration must submit a copy of the certificate of approval or of the registration certificates for the registration certificate. Register management shall be entitled to collect further required data from environmental verifiers and environmental expert organisations in respect of their processes of authentication in respect of them in the register of the processes. Unofficial table of contents

Section 25 Presentation of further documents

(1) For the sampling of samples, the management of the register may require the plant operators to certifies that the accuracy of the data transmitted by them in accordance with § 6 (1) and (3), § 10 (2) and 14 (2) is confirmed. . The correctness must be proved by presenting suitable additional documents or by an expert opinion from an environmental expert or an environmental expert organisation. The register administration may determine the manner in which the proof is to be carried out. Plant operators shall be obliged to forward the requested confirmations without delay. (2) If plant operators or plant operators fail to comply with their obligations under paragraph 1, the register management shall be able to: Proofs of origin issued to them on the basis of the unconfirmed data have been devalued without application. The use of these devalued proofs of origin is inadmissible. (3) The register management may, at the request of the affected plant operator or the plant operator concerned, charge for the submission of the documents and for the assignment of a Environmental verifiers or environmental verifiers shall be reimbursed to an appropriate extent if they appear to be warranted by special circumstances of the individual case, in particular where and in so far as the costs of the environmental verifier or the environmental verifier are to be paid. Environmental verifier organisation an unreasonable hardship for the affected Plant operator or the affected plant operator would be represented.

Section 6
Data protection

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Section 26 Data collection

The register administration is entitled to collect the data in accordance with § 4 (3) to (5), § 5 (3), § 6 (1), § 8 (2) and (3), § 10 (2), § 12 (1), § 14 (2), § 17 (6), § 18 (1), § 21, § 22, § 24 and § 25 (1). and to use, as far as this is necessary for register management. Unofficial table of contents

§ 27 Data transmission

(1) The register administration may transmit data stored in the register, including personal data, to the following authorities and bodies:

1.

insofar as this is required in each individual case for their task performance, to:

a): the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety,
b): the Federal Network Agency,
c): the Federal Institute for Agriculture and Food;

2.

in so far as this is necessary in individual cases for the fulfilment of the task set out in § 5 of the Certificate of Origin Regulation and for the fulfilment of the reporting obligations of the Federal Republic of Germany, in each case, to:

a): In the sense of Directive 2009 /28/EC, register-leading authorities or other bodies responsible for register management in other Member States of the European Union,
b): In accordance with the Commission Decision of 19 March 2012 determining the proposal of the Energy Community, register-leading authorities or other bodies responsible for the management of the register of other Contracting Parties to the Energy Community Treaty Commission to the Council of Ministers of the Energy Community with regard to the implementation of Directive 2009 /28/EC and the amendment of Article 20 of the Energy Community Treaty,
c): register-leading authorities or other bodies responsible for the management of the register of States Parties to the Agreement on the European Economic Area and Switzerland, which shall be responsible for registration with the register-leading authorities or other bodies responsible for the management of the register in the case of the competent authorities referred to in point 2 (a),
d): the institutions and bodies of the European Union;

3.

to the body responsible for the prosecution of administrative offences in accordance with Section 86 (3) (4) of the Renewable Energy Act, insofar as this is necessary for the prosecution of an administrative offence pursuant to section 29 and concrete evidence of the There is a lack of regularity.

(2) The register management may also transmit data stored in the register to a third party who has been obliged to operate an asset register by means of a legal regulation pursuant to Section 93 of the Renewable Energy Act, to the extent that this is the case. (3) The transmission of the data stored in the register to the bodies referred to in paragraph 1 (2) (a), (c) and (d) shall be submitted only if the data are available to the Requirements of § 4b of the German Federal Data Protection Act are permitted. The transmission of these data to the bodies referred to in paragraph 1 (2) (b) shall be permitted only if the conditions of Section 4c of the Federal Data Protection Act are fulfilled. Unofficial table of contents

§ 28 Deletion of data

Data stored in the register shall be deleted immediately if they are no longer required for the purpose of keeping the register.

Section 7
Other provisions

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§ 29 Penal provisions

(1) In the sense of § 86 (1) (4) (b) of the Renewable Energies Act, who intentionally or negligently acts in the sense of an order of law

1.: request a certificate of origin, contrary to § 6 (3) sentence 2, paragraph 4, sentence 1 or sentence 2;
2.: Contrary to the fourth sentence of Article 8 (3), the electricity mentioned there does not supply,
3.: , in accordance with Article 16 (3) or Article 17 (2), second sentence, of an application or
4.: in accordance with the second sentence of Article 17 (1), the second sentence of paragraph 5, the second sentence or the third sentence of paragraph 6, a certificate of origin.

(2) In the sense of § 86 (1) (4) (c) of the Renewable Energies Act, who intentionally or negligently acts in an act of law or negligence

1.: , contrary to § 11 (4) sentence 2 or § 24 (1) sentence 5, data is not provided, not correct, not complete or not available in time,
2.: , contrary to § 12 (1) or § 20, the data referred to therein, or any modification thereof, is not transmitted correctly, not in full or in good time,
3.: Contrary to the second sentence of Article 14 (2), a confirmation shall not be issued correctly or in full,
4.: contrary to Article 21 (3) or Article 22 (4), a communication does not make it correct, not complete or not in good time,
5.: Contrary to articles 22 (1), 2 sentence 1, 2 or sentence 3 or paragraph 5, sentence 2, an indication referred to in that paragraph shall not be transmitted, not correct, not in full, in the prescribed manner or not in good time, or
6.: Contrary to § 25 (1) sentence 4, a confirmation referred to there is not submitted or forwarded in good time.

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§ 30 blocking of the account

(1) The Registry Office shall block an account at the request of the account holder or the account holder. (2) The Register Management may block an account independently of an application pursuant to paragraph 1 if:

1.

there are reasonable grounds for suspecting that the safety, accuracy and reliability of the register will be jeopardised; this is usually the case where there is reasonable suspicion that the following applications will be made with the indication of false data or may be asked to:

a): applications for the issuing of guarantees of origin to the account,
b): applications for transfers of guarantees of origin from the account or into the account or
c): applications for the devaluation of guarantees of origin from the account;

2.

there are reasonable grounds for suspecting that, in connection with the use of the account, a criminal offence has been committed or is intended to be committed by registered users or users of registers or users,

3.

the account holder or the account holder has not paid any fees or deposits in not only insignificant amounts, or

4.

in relation to the data required for opening the account and the account management, incorrect information or deliberately incomplete information was made by register participants or users of register or users.

(3) The blocking by the Registry shall mean that no proofs of origin are issued to the account, no transfers are made from the account or to the account and no proofs of origin are made at the request of the account holder or the Account holders may be devalued. (4) The register management shall inform the holder of the account or the account holder, stating the reasons for the blocking, as far as possible before the account is blocked, but at the latest immediately thereafter. (5) The blocking is to be lifted if the reason for the blocking is no longer present. The register management shall inform the account holder or the account holder of the unlocking. Unofficial table of contents

Section 31 closure of the account

(1) The register management closes the account if there is no longer any need for the account management. This is usually the case if:

1.: the account holder or account holder has requested the closure of the account, or
2.: the account holder or the account holder has been dissolved as a legal person or as a legally competent partnership.

(2) Register management may close an account if the use of the account is liable to constitute a permanent threat to the security, accuracy and reliability of the register. This is usually the case if there is a suspicion that for an asset that is associated with the account,

1.: non-regular electricity quantity data shall be transmitted to the register management; or
2.: Incorrect confirmations of an environmental verifier or an environmental verifier to the registry administration.

(3) The closure of the account will devalue existing proofs of origin. Unofficial table of contents

Section 32 Exclusion from participation in the register

(1) Register management may exclude account holders or account holders, as well as authorised users, from participating in the register if they endanger the security, accuracy and reliability of the register. This is usually the case when it

1.: have committed a criminal offence or have repeatedly committed acts of an offence by the use of the register,
2.: Have unauthorised access to accounts or other register operations, or have attempted to do so, or
3.: Intentionally or negligently unauthorized third parties have enabled access to the account.

§ 30 (3) and 31 (3) are to be applied accordingly. (2) A person excluded from the participation may request their re-participation in the register at the register administration in writing. The application is approved if the facts justify the assumption that the excluded person is no longer liable for the safety, accuracy and reliability of the register. (3) The register management may grant access to the Lock users to the registry if there is reasonable suspicion of unauthorized use or improper use of the authentication instrument. Section 30 (2) and (5) shall apply accordingly. Unofficial table of contents

Section 33 Exclusion of opposition proceedings

No opposition proceedings shall take place against measures and decisions of the registry administration pursuant to this Regulation. Unofficial table of contents

§ 34 Terms of use

Within the scope of its competence to register the register, the register management is entitled to adopt further specific conditions and specifications for the use of the register by means of a general order. The general order may be made public. Unofficial table of contents

Section 35 Entry into force

This Regulation shall enter into force on the day following the date of delivery.