Regulation on guarantees of origin for electricity from renewable energy sources (Certificate of Origin Regulation-HkNV)

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HkNV

Date of completion: 28.11.2011

Full quote:

" Certificate of Origin of Origin of 28 November 2011 (BGBl. 2447), most recently by Article 19 of the Law of 21 July 2014 (BGBl. 1066).

Status:

Last amended by Art. 19 G v. 21.7.2014 I 1066

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 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 from: 9.12.2011 + + +) 
(+ + + 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 prescries on the basis of

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§ 64 (4) of the Renewable Energy Act, which is defined by Article 1 of the Law of 12 April 2011 (BGBl. 619), the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Economics and Technology, and the Federal Ministry for Economic Affairs and Technology,

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§ 63a (2) (3) of the Renewable Energies Act, which is defined by Article 1 of the Law of 12 April 2011 (BGBl. 619), in conjunction with the second section of the Administrative Costing Act of 23 June 1970 (BGBl). 821), the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety:

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§ 1 Certificate of Origin

(1) The Federal Environment Agency shall establish the traceability register in accordance with section 55 (3) of the Renewable Energy Act. The register of origin records takes up the holding in accordance with § 6 of the legal regulation; the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety makes known the day of commissioning in the electronic Federal Gazette. (2) Each The natural or legal person and each civil society shall, on request and in accordance with the provisions of the regulation pursuant to § 6, receive an account in the Register of Origin of Origin, in which the exhibition, ownership, recognition, transfer, use and (3) The Federal Environment Agency (Umweltbundesamt) can be registered after Pursuant to § 6 of the legal regulation, in the event of a legitimate interest, provisionally suspend or close accounts, as well as account holders, provisionally or permanently, from the further use of the traceability register (4) The Federal Environment Agency has the necessary technical and organisational measures to ensure data protection and data security in compliance with § 9 of the establishment and the operation of the register of origin register. of the Federal Data Protection Act and of the Appendix to § 9 sentence 1 of the Federal Data Protection Act and taking into account the relevant standards and recommendations of the Federal Office for Information Security to be met. Unofficial table of contents

§ 2 Minimum content of guarantees of origin

A certificate of origin must contain at least the following information:

1.

a unique identification number,

2.

the date of the exhibition and the issuing State;

3.

the sources of energy used for the generation of electricity by type and substance,

4.

the beginning and end of the production of the electricity for which the certificate of origin is issued,

5.

the location, type, power installed and the date of operation of the plant in which the electricity was generated, and

6.

Information on whether, in what way and to what extent

a)

investment aid has been granted to the plant in which the electricity was produced,

b)

for the quantity of electricity in any other way, a support within the meaning of Article 2 (k) 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, 21.7.2001, p 16) has been paid or has been provided.

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§ 3 Principles for the issuing, recognition, transfer and devaluation of proofs of origin

(1) The Federal Environment Agency

1.

provides plant operators and plant operators with guarantees of origin for electricity from renewable energy sources,

2.

transfers proofs of origin and

3.

recognises guarantees of origin from abroad for electricity from renewable energy sources.

The exhibition, transfer and recognition in accordance with the first sentence shall be made on request in accordance with the provisions of the regulation pursuant to § 6. (2) of proofs of origin shall be issued for a quantity of electricity produced and delivered to the final consumer or of a megawatt hour. No more than one guarantee of origin shall be issued for each of the megawatt hours of electricity produced and delivered to the final consumer. (3) Proof of origin from abroad can only be recognised if it has at least the Article 15 (6) and (9) of Directive 2009 /28/EC comply with the requirements of Article 15 (6) and (9) of Directive 2009 /28/EC. (4) The Federal Environment Agency shall devalue proofs of origin after they have been used and at the latest twelve months after the Devaluated proofs of origin may no longer be used. They shall be automatically deleted immediately as soon as they are no longer necessary for the management of the register of origin. Unofficial table of contents

§ 4 Transfer of tasks; insult

(1) The Federal Environment Agency shall be authorised to set up and operate the register of origin register in accordance with § 1 as well as the exhibition, recognition, transfer by means of a legal regulation in agreement with the Federal Ministry for Economic Affairs and Energy. the devaluation of proofs of origin, in accordance with § 3, including the enforcement of the administrative acts in question, in whole or in part, by means of an order to a legal person under private law, provided that such guarantee provides that the Assigned tasks properly and centrally for the Federal Republic of Germany (2) A legal person of private law shall provide the necessary guarantee within the meaning of paragraph 1 if:

1.

persons who, according to the law, the social contract or the statutes, are responsible for the management or representation of the company, are reliable and technically suitable,

2.

it has the equipment and organisation necessary for the performance of its tasks,

3.

they are legally, economically, organisationally and personally independent of legal entities operating in the fields of energy production, trade and distribution, including trade in proofs of origin or any other evidence of production of energy, and

4.

it ensures, through technical and organisational measures, that the rules on the protection of personal data and of operational or trade secrets are complied with.

(3) The legal person of private law referred to in paragraph 1 is subject to the legal and professional supervision of the Federal Environment Agency. (4) The transfer of tasks shall be made known in the electronic Federal Gazette. (5) The requirements for termination the transfer of tasks and the rights and obligations hereof for the legal person charged with the task shall be laid down in the legal regulation referred to in paragraph 1. Unofficial table of contents

§ 5 External transport

For the recognition of foreign proofs of origin according to § 79 (2) of the Renewable Energy Act, the traffic with the relevant ministries and authorities of other Member States of the European Union and of third countries as well as with organs is incumbable. of the European Union to the Federal Ministry for Economic Affairs and Energy; § § 4b and 4c of the Federal Data Protection Act (Bundesdatenschutzgesetz) must be observed. This task can be transferred in whole or in part to the Federal Environment Agency. Unofficial table of contents

§ 6 Transfer of the authorisation

(1) The Federal Environment Agency shall be authorized by law in agreement with the Federal Ministry for Economic Affairs and Energy

1.

to lay down further requirements concerning the content, the period of validity and the form of proofs of origin, as well as the data formats used and interfaces with other information technology systems;

2.

Requirements for rules on

a)

the issuing, transfer and devaluation of proofs of origin,

b)

the recognition of certificates of origin for electricity from renewable energy sources from abroad pursuant to § 79 paragraph 2 of the Renewable Energy Act as well as

c)

the recognition, transfer and devaluation of proofs of origin issued prior to the entry into service of the origin register,

3.

determine the conditions for the provisional or permanent closure of accounts and the exclusion of account holders from the use of the register of origin register,

4.

lay down the procedure for the issuing, recognition, transfer and devaluation of proofs of origin, and specify how applicants must demonstrate compliance with the requirements laid down in point 2, and

5.

lay down the further development of the register of origin register in accordance with Article 79 (3) of the Renewable Energy Act and specify the information to be provided to the certificate of origin register and who is obliged to submit it, , including rules on the protection of personal data, in which the nature, scope and purpose of the storage and deletion periods must be established.

(2) The Federal Environment Agency is authorised to use the Federal Environment Agency (Umweltbundesamt) for the official acts of the Federal Environment Agency in connection with the issuing, recognition, transfer and devaluation of proofs of origin as well as for the use of the Identification of chargeable facts and fee rates as well as the refundable expenses according to § 87 of the Renewable Energy Sources Act. Unofficial table of contents

§ 7 Transitional provisions

§ § 1 to 4 shall not apply to proofs of origin which have been issued until the holding of the holding of origin register in accordance with Article 1 (1), second sentence, sentence 2. Proofs of origin as set out in the first sentence shall be deemed to be devalued at the latest twelve months after the date on which the establishment of the register of origin is The third sentence of Article 3 (4) shall apply accordingly. Unofficial table of contents

Section 8 Entry into force

This Regulation shall enter into force on 9 December 2011.