Table 1 German legislation influencing the biogas sector or addressing associated risks to sustainability. Year denotes the time when the act or regulation entered into force
Instrument / Act | Year | Organisation responsible | Main Objective | Link to the biogas sector |
|---|---|---|---|---|
Renewable Energy Act1 | 2000; amended in 2004, 2009, 2012, 2014 and 2017 | Federal Ministry for Economic Affairs and Energy (mainly) | The most important instrument for the support of renewable power. In order to maintain a flow of information to the decision makers, a monitoring system was implemented as a significant part of a legislative management cycle. This process aims at combining and condensing the broad range of data and information available from energy statistics, such as number of energy plants, their capacity, and incentives. An annual report on the progress of the “Energiewende” (the name of the German energy transition process) is published. After the experiment with open space solar power plants started in 2014, and in response to an EU guideline, the REA version of 2017 included tendering and expansion paths for all renewable energy technologies. | Main instrument for the biogas sector development is incentivising schemes, such as feed-in tariff and premiums. |
Organic Waste Regulation (BioAbfV)2 | 1998 | Federal Ministry of the Environment, Nature Conservation, Building and Nuclear Safety, Federal Ministry for Food and Agriculture and Federal Ministry of Health. | Regulates the use of organic waste for agricultural soils. | Feedstock specification for biogas plants |
Biofuel Sustainability Regulation (Biokraft-NachV)3 | 2009 | The Federal Ministry of Finances, the Federal Ministry for Food and Agriculture, the Federal Ministry of the Environment, Nature Conservation, Building and Nuclear Safety, the Federal Ministry of Transport and Digital Infrastructure and the Federal Ministry for Economic Affairs and Energy as well as the Federal Office for Agriculture and Food are responsible for the associated certification systems (ISCC and REDcert are accredited in Germany). | Regulates the sustainable production of liquid or gaseous transportation fuels from biomass. Since the harvest in 2010, only sustainably produced biomass of a greenhouse gas emission reduction potential of more than 35% has been used for the production of fuels. | Feedstock specifications in terms of sustainability |
Biofuel Quota Regulation (BioKraftQuG)4 | 2006 | Federal Ministry of Finances (mainly) | Required the petroleum industry to add an increasing share of biofuels to their diesel and gasoline. | Required development of biogenic fuels |
Biomass Order (BiomasseV)5 | 2001 | Federal Ministry for Food and Agriculture, Federal Ministry of the Environment, Nature Conservation, Building and Nuclear Safety and Federal Ministry for Economic Affairs and Energy. | Regulates the types of biomass within the Renewable Energy Act. | Feedstock specifications |
Federal Emission Control Act (BImSchG)6 | 1990 | Federal Ministry of the Environment, Nature Conservation, Building and Nuclear Safety (mainly) | Prevents harmful effects on the environment caused by air pollution, noise, vibration and similar phenomena. | Infrastructure and operation specifications |
Combined Heat and Power Generation Act (KWKG)7 | 2002 | Federal Ministry for Economic Affairs and Energy (mainly) | Regulates the purchase and financial incentives for power from combined heat and power plants. | Specifications of purchase and financial incentives for power produced in biogas plants |
Circular Economy Act (KrWG)8 | 2012 | Federal Ministry of the Environment, Nature Conservation, Building and Nuclear Safety (mainly) | Focuses on increasing the recycling and pre-treatment of waste. | Feedstock specifications |
Farm Manure Regulation (WDüngV)9 | 2010 | Federal Ministry for Food and Agriculture | Controls the recycling and transportation of fertilisers from animal excrements, plant residues (i.e. from biogas plants using energy crops) or fermentation residues. | Handling of biogas process residues |
Act on Fertilisers (DüngG)10 | 2009 | Federal Ministry for Food and Agriculture | Secures plant nutrition and soil fertility, while averting damage to humans, animals and the environment. | Handling of biogas process residues |
Fertiliser Regulation (DüV)11 | 2007 | Federal Ministry for Food and Agriculture | Regulates the use of fertilisers, soil additives, culture substrate and pesticides and optimises the use of nutrients by plants. | Handling of biogas process residues |
Fertiliser Ordinance (DüMV)12 | 2012 | Federal Ministry for Food and Agriculture | Regulates the approval of fertilisers, including labelling, as well as hygiene and phytosanitary measures during epidemics. | Handling of biogas process residues |