Biomass electricity sustainability regulation

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Basic data
Title: Ordinance on requirements for the sustainable production of liquid biomass for electricity generation
Short title: Biomass electricity sustainability regulation
Abbreviation: BioSt-NachV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Commercial administrative law , energy law
References : 754-22-3
Issued on: July 23, 2009
( Federal Law Gazette I p. 2174 )
Entry into force on: August 24, 2009
and January 1, 2010
Last change by: Art. 262 Regulation of June 19, 2020
( Federal Law Gazette I p. 1328, 1358 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The purpose of the Biomass Electricity Sustainability Ordinance ( BioSt-NachV ) is to ensure the sustainability of the generation of electricity and heat from liquid biomass . Liquid biomass is defined as biomass that is liquid at the time of entry into the combustion or combustion chamber .

The regulation is based on the corresponding requirements in the German Renewable Energy Sources Act (EEG) and in the EU Directive 2009/28 / EC (Renewable Energy Sources Directive).

The ordinance was published in the Federal Law Gazette on July 29, 2009 and mainly came into force on August 24, 2009.

aims

With bioethanol, sugar cane can provide energetically usable, liquid biomass.
Oil palm plantations, such as the one in Malaysia , are being set up to produce palm oil .

The background to the regulation and the requirements for sustainability criteria is the increased energetic use of biomass ( bioenergy ) for the production of fuels ( biofuels ), such as B. biodiesel and bioethanol and for the generation of electricity and heat in vegetable oil - block-type thermal power stations , biogas plants , biomass thermal power stations , etc. Because of the competition for land and use associated with this more intensive use of biomass , e.g. B. between these energetic uses and food production or nature conservation concerns, different areas of bioenergy are under discussion. In particular, the clearing of rainforests to create areas for oil palm plantations and for sugar cane cultivation were discussed.

With the BioSt-NachV and the Biofuel Sustainability Ordinance (Biokraft-NachV), also issued in 2009 , certain sustainability criteria were defined and regulations for certification were determined.

Sustainability criteria

These sustainability criteria are defined in more detail in Sections 3 to 10 of the ordinance:

  • Requirements for remuneration (of the electricity generated according to the EEG)
  • Protection of areas with a high nature conservation value
  • Protection of areas with high carbon stocks
  • Protection of peat bogs
  • Sustainable agricultural management
  • Greenhouse gas reduction potential
  • Bonus for renewable raw materials (according to the EEG)

Certification

In §§ 11-55 which is proof of the sustainability of the biomass regulated:

  • Proof of sustainability
    • Recognized evidence
    • Issuance of sustainability certificates
  • Certificates
    • Recognized certificates
    • Issuance of certificates
  • Certification systems
    • recognition
    • tasks
    • control
  • Certification bodies
    • recognition
    • tasks
    • monitoring

In §§ 56 to 60 also other recognized certification bodies and special and transitional provisions are defined for detection.

The §§ 61 to 69 the application of a central plant and information register that regulate §§ 70 to 77 , the data collection and processing, reporting and administrative procedures, as well as the §§ 78 and 79 transitional and final determinations.

The social justifiability of the use of liquid biomass should also be assessed in a field report ( Section 72 ).

implementation

The basis for implementing the regulation is the establishment of certification systems. Various institutions are active to cover the entire chain from production to the use of biomass. Well-known is the International Sustainability and Carbon Certification (ISCC), which was initiated in 2006 by the Federal Ministry of Food, Agriculture and Consumer Protection (BMELV) in cooperation with the Agency for Renewable Raw Materials (FNR) and other partners. Systems specializing in certain crops , such as B. for sugar cane, soybean or oil palm are under construction.

In the context of energy crops, a possible change in land use is controversially discussed (indirect land use change / iLUC) .

criticism

Critics criticize the lack of a ban on genetic engineering and the lack of assessment of the displacement effect of energy crops in the CO 2 balance.

Individual evidence

  1. ↑ a b c Ordinance on requirements for the sustainable production of liquid biomass for electricity generation ( BGBl. 2009 I p. 2174 ).
  2. ↑ Renewable Energy Agency: Sustainable Bioenergy: Germany is a pioneer in certification , report including further sources on the certification of biomass, accessed on March 4, 2010
  3. ^ Website of the International Sustainability and Carbon Certification System (ISCC) .
  4. ↑ Renews Compact: Indirect Land Use Change - Problem or Illusion? 2012 .

Web links