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Certification systems: Recognition - according to the Biofuel Sustainability Ordinance

Distributors of fuels in Germany can only have biofuels or biogas credited to their quota obligation or receive tax relief if they can prove that the biofuels or biogas resulting from Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC meet the resulting sustainability criteria. This also applies to bioliquids for electricity generation if economic operators wish to receive support under the Renewable Energy Sources Act (EEG). Proof of sustainability can be provided via so-called national systems or within the framework of voluntary regulations of the EU Commission. Sustainability data shall be transmitted by economic operators to the Member States concerned.

According to the Biofuel Sustainability Ordinance (Biokraft-NachV) and the Biomass Electricity Sustainability Ordinance (BioSt-NachV), data relevant to the German market must be entered by economic operators into the state web application Sustainable - Biomass - Systems (Nabisy) of the responsible body. The Nabisy web application can be accessed directly by the main customs offices and the biofuel quota office, the network operators and the competent authorities of the other Member States. Furthermore, Nabisy also serves as an instrument for the responsible body to prepare the annual experience and evaluation report to be drawn up for the Federal Government and the EU Commission.

Nabisy provides evidence of sustainability and the management of a mass balance system for biofuels and biogas or bioliquids in accordance with Directive 2009/28/EC.

Process flow

Certification systems are recognized according to § 33 paragraph 1 Biofuel Sustainability Ordinance (Biokraft-NachV) on application if

  • the following information is specified for them:
    • a natural or legal person who is organisationally responsible,
    • an address that can be served in a Member State of the European Union or in another State party to the Agreement on the European Economic Area,
    • certification bodies recognised under this Regulation and using the relevant certification scheme; and
    • the countries or States to which they relate;
  • they are appropriate to ensure that the requirements laid down in Articles 17 to 19 of Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC or Articles 7b to 7d of Directive 2009/30/EC amending Directive 98/70/EC as regards the specifications for petrol, diesel and gas oil fuels and the introduction of a system for monitoring and reducing greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specifications for fuels used by inland waterway vessels and repealing Directive 93/12/EEC as further specified in this Regulation;
  • they are accurate, reliable and protected against misuse and assess the frequency and method of sampling and the reliability of the data,
  • ensure an adequate and independent review of the data and demonstrate that such verification has taken place; and
  • to that end, they contain standards which are at least equivalent to the requirements set out in Annex III to the Agreement on Technical Barriers to Trade (WTO-GATT 1994) and the requirements set out in Appendix 3.

The recognition procedure is handled by the competent authority. The recognition must be published in the Federal Gazette.

§ 33 Biofuel Sustainability Ordinance (Biokraft-NachV)

Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC

Directive 2009/30/EC amending Directive 98/70/EC as regards the specifications for petrol, diesel and gas oil fuels and establishing a system for monitoring and reducing greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specifications for fuels used by inland waterway vessels and repealing Directive 93/12/EEC

Agreement on Technical Barriers to Trade (WTO-GATT 1994)

Who should I contact?

Responsibility lies with the Federal Institute for Agriculture and Food (BLE).

This procedure can also be handled through a "point of single contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Find your point of single contact here.

Which documents are required?

No documents are required.

What are the fees?

There are no fees.

What deadlines do I have to pay attention to?

Deadlines may have to be observed. Please contact the competent authority.

What else should I know?

According to § 33 paragraph 4 of the Biofuel Sustainability Ordinance (Biokraft-NachV), the recognition may contain changes or additions to the certification system, in particular the standards for the further determination of the requirements according to §§ 4 to 8 Biokraft-NachV, or may also be subsequently provided with conditions if this is necessary to meet the requirements of paragraph 1.

According to § 33 paragraph 5 Biokraft-NachV, recognition can be combined with recognition according to the Biomass Electricity Sustainability Ordinance (BioSt-NachV).

According to § 33 paragraph 6 Biokraf-NachV, the recognition can be limited to

  1. individual types of biomass,
  2. individual countries or states,
  3. individual requirements according to §§ 4 to 8 Biokraf-NachV or
  4. the operation of an electronic database for the purpose of proving that the requirements of § 17 paragraph 1 Biokraf-NachV are met when the biofuel is delivered.

In the event of a restriction referred to in points 3 or 4, the competent body may determine that the certification scheme shall be deemed to be recognised only in combination with another certification scheme.

§ 33 Biofuel Sustainability Ordinance (Biokraft-NachV)

Biomass Electricity Sustainability Ordinance (BioSt-NachV)

Technically approved by

Lower Saxony Ministry of Food, Agriculture, Consumer Protection and Regional Development

Source: Serviceportal Niedersachsen (Linie6PLus)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.