Monthly Archive for July, 2009

Biomass Electricity Sustainability Ordinance (BioSt-NachV) Published

The Biomass Electricity Sustainability Ordinance (Verordnung über Anforderungen an eine nachhaltige Herstellung von flüssiger Biomasse zur Stromerzeugung – Biomassestrom-Nachhaltigkeitsverordnung – BioSt-NachV) of 23 July 2009 has been published in the Federal Law Gazette on 29 July 2009.

The BioSt-NachV shall ensure that liquid biomass used for electricity production and paid for under the EEG regime will comply with binding ecological and social sustainability standards. It establishes a biomass certification scheme.

The ordinance will enter into force on 24 August 2009, except for provisions regarding certification (§§ 24 and 34 BioSt-NachV) which will enter into force on 1 January 2010.

Source: Federal Law Gazette (Bundesgesetzblatt) I 2009, page 2174

Ordinance for the Collection of Aviation Data for Emission Trading Published

The Ordinance on the Collection of Data to Include Aviation and Other Activities in Emission Trading (Verordnung über die Erhebung von Daten zur Einbeziehung des Luftverkehrs sowie weiterer Tätigkeiten in den Emissionshandel – Datenerhebungsverordnung – DEV 2020) of 22 July 2009 has been published in the Federal Law Gazette on 24 July 2009. It enters into force 25 July 2009.

The Ordinance implements European law requirements under the Emission Trading Directive 2003/87/EC regarding the inclusion of aviation in the EU emissions trading scheme (EU ETS).  Aviation related requirements for EUETS were introduced by Directive 2008/101/EC.

Source: Federal Law Gazette (Bundesgesetzblatt) I 2009, page 2118

Continue reading ‘Ordinance for the Collection of Aviation Data for Emission Trading Published’

Aviation Amendment of Greenhouse Gas Emission Trading Act

The First Act to Amend the Greenhouse Gas Emission Trading Act (Erstes Gesetz zur Änderung des Treibhausgas-Emissionshandelsgesetzes) of 16 July 20009 has been published in the Federal Law Gazette of 21 July 2009. Continue reading ‘Aviation Amendment of Greenhouse Gas Emission Trading Act’

Commission Adopts Proposal for Regulation to Receive Better Energy Infrastructure Investment Information

The European Commission adopted a proposal for a regulation to receive better information on investment projects into energy infrastructure within the EU. The proposal would repeal Regulation (EC) No 736/96 and is aimed at improving transparency on investment projects into EU energy infrastructure.

The regulation is intended to better allow the Commission to prepare for the likely evolution of energy infrastructure in main energy sectors such as oil (including biofuels), electricity (including nuclear electricity) and gas, but also in related areas such as the transport and storage of carbon related to energy production.

Transparency on planned and ongoing investment projects will help to assess whether there is a risk of infrastructure gaps over the coming years as a significant proportion of ageing capacities have to be renewed or new capacities have to be built in order to make the low carbon energy mix a reality.

Source: Press Release European Commission

BGH: Obligation to Adjust Prices Downwards in Gas Supply Agreements

Gas suppliers also have to adjust prices downwards when gas prices go down.  In two case, the Federal Court of Justice (Bundesgerichtshof – BGH) held that price adjustment clauses in so called special agreements (“Sonderverträgen”) with customers are void if they do not include the obligation to also reduce their selling price if their costs go down. Continue reading ‘BGH: Obligation to Adjust Prices Downwards in Gas Supply Agreements’