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Certification systems Recognition according to Biomass Electricity Sustainability Ordinance


Distributors of fuels in Germany can only have biofuels or biogas counted towards their quota obligation or receive tax relief if they can prove that the biofuels or biogas meet the sustainability criteria resulting from Directive 2009/28/EC on the promotion of the use of energy from renewable sources . This also applies to liquid biofuels for electricity generation if economic operators wish to receive funding under the Renewable Energy Sources Act (EEG 2014). Proof of sustainability can be provided via so-called national systems or within the framework of voluntary regulations of the EU Commission. The sustainability data shall be transmitted by economic operators to the Member States concerned.

According to the Biofuel Sustainability Ordinance (Biokraft-NachV) and 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 competent authority. The Nabisy web application can be accessed directly by the main customs offices and the biofuels quota office, the network operators and the competent authorities of the other Member States. Furthermore, Nabisy also serves as an instrument for the competent body to prepare the annual experience and evaluation report for the Federal Government and the EU Commission.

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

Process flow

Certification schemes shall be recognised upon request if:

  • the following information is specified for them:
    • a natural or legal person who is organisationally responsible,
    • an address capable of service 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 refer,
  • they are appropriate to ensure compliance with 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, as further specified in this Regulation;
  • they are accurate, reliable and protected from misuse and assess the frequency and method of sampling and the reliability of the data;
  • they ensure adequate and independent verification of the data and demonstrate that such verification has been carried out; and
  • to that end, they contain standards at least equivalent to the requirements set out in Annex III to the Agreement on Technical Barriers to Trade and the requirements set out in Appendix 5.

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

Who should I contact?

The responsibility lies with the Federal Office for Agriculture and Food (BLE).

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

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 Biomass Electricity Sustainability Ordinance (BioSt-NachV), the recognition may include changes or additions to the certification system, in particular the standards for the more detailed definition of the requirements according to §§ 4 to 8, or may also be subsequently subject to conditions if this is necessary to meet the requirements of paragraph 1.

According to § 33 paragraph 5 BioSt-NachV, the recognition can be combined with a recognition according to the Biofuel Sustainability Ordinance (Biokraft-NachV), which was issued on the basis of § 37d paragraph 2 numbers 3 and 4 as well as paragraph 3 number 2 of the Federal Immission Control Act (BImSchG) and § 66 paragraph 1 number 11a letters a and b of the Energy Tax Act (EnergieStG) in their currently valid version.

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

  1. individual types of biomass,
  2. individual countries or states,
  3. individual requirements according to §§ 4 to 8 or
  4. the operation of an electronic database for the purpose of proving that the delivery of the liquid biomass meets the requirements of § 17 paragraph 1.

In the case of a restriction referred to in point 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.

Technically approved by

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

Source: Serviceportal Niedersachsen (Linie6PLus)