Certification Requirements under Biomass Electricity Sustainability Ordinance (BioSt-NachV) Start 1 January 2011

The start date for monitoring by private certification bodies under the Biomass Electricity Sustainability Ordinance (Biomassestrom-Nachhaltigkeitsverordnung – BioSt-NachV) has been moved from 1 July 2010 to 1 January 2011. The necessary amendment to the BioSt-NachV was published in the Federal Law Gazette today.

The Biomass Electricity Sustainability Ordinance (Biomassestrom-Nachhaltigkeitsverordnung – BioSt-NachV) tied EEG payments for bioliquids used for electricity production to compliance with binding sustainability standards. Bioliquids that are produced in non­ sustainable ways shall not be eligible for the pertinent payment framework under the EEG. The BioSt-NachV is based on Art. 64 para. 1 sentence 1 no 9 of the Renewable Energy Sources Act (EEG). The Ordinance also transposes 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.

The establishment of private certification bodies to certify compliance with the requirements of the BioSt-NachV took longer than anticipated. Delaying the start date to 1 January 2011 shall provide everyone more time to set up the necessary structures. The amendment applies retroactively as of 1 July 2010.

Source: Federal Law Gazette (Bundesgesetzblatt) I 2010, page 1061

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