WORLD TRADE ORGANIZATION

Committee on Technical Barriers to Trade

G/TBT/N/DEU/8 30 March 2009

(09-1552)

Original: English

NOTIFICATION The following notification is being circulated in accordance with Article 10.6 1. 2. Member to Agreement notifying: GERMANY If applicable, name of local government involved (Article 3.2 and 7.2): Agency responsible: Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, Division IG I 6 Robert-Schuman-Platz 3 D-53175 Bonn Tel. +49-228 305 2471/2 Fax: +49 228 305 3974 Email: bernd-ulrich.hildebrandt@bmu.bund.de thomas.weber@bmu.bund.de 3. 4. Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Fossil fuels and biofuels are affected by the draft legislation. Title, number of pages and language(s) of the notified document: Draft legislation to amend the provisions on the promotion of the use of biofuels (39 pages, in German). Description of content: The increased use of biofuels will be phased in at a slower pace for the following reasons:

5. 6.

Sustainability criteria have to be in place first to ensure a sustainable production of biomass for biofuel use. To avoid competition with food or feedstuffs, a delay in introducing an increased biofuel quota will allow for more time to derive biomass from other sources. For a transitional period it will not be possible to add 10% vol of ethanol to petrol because it cannot be used in engines of older cars. The climate balance of second generation biofuels is much better than that of first generation biofuels, but unfortunately they are not available in sufficient quantities.

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Furthermore, the Federal Emission Control Act, the Energy Taxation Act and the Renewable Energies Heat Act each include an authorisation basis to enact ordinances making it possible to require compliance with sustainability criteria for recognition as biofuel. The authorisation basis included in those legislations will have to be amended to make their implementation practicable. 7. Objective and rationale, including the nature of urgent problems where applicable: As a contribution to achieving the energy and climate related objectives of the Federal Government, the increased use of biofuels after 2015 will be more strongly geared towards the reduction of greenhouse gas emissions. For this purpose it is intended for the requirements relating to a minimum quota of biofuels in the total volume of marketed fuel also to take into account greenhouse gas emissions arising during the production and consumption of biofuel. Relevant documents: Bundes-Immissionsschutzgesetz in der Fassung der Bekanntmachung vom 26. September 2002 (BGBl. I S. 3830), zuletzt gendert durch Artikel 1 des Gesetzes vom 23. Oktober 2007 (BGBl. I S. 2470) (Federal Imission Control Act as announced on 26 September 2002 (Federal Law Gazette I, p. 3830), last amended by Article 1 of the Act on 23 October 2007 (Federal Law Gazette I, p. 2470)) Energiesteuergesetz vom 15. Juli 2006 (BGBl. I S. 1534), gendert durch Artikel 1 des Gesetzes vom 18. Dezember 2006 (BGBl. I S. 3180) (Energy Taxation Act of 15 July 2006 (Federal Law Gazette I, p. 1534), as amended by Article 1 of the Act on 18 December 2006 (Federal Law Gazette I, p. 3180)) 9. Proposed date of adoption: Proposed date of entry into force: 15 May 2009 Subject to the following paragraphs the law will enter into force on the day after its promulgation. Article 2, No 2a, cc and Article 2, No 3 will enter into force on the day the Commission of the European Union will grant the required state aid clearance, however, at the earliest on the day after its promulgation. The day of entry into force must be announced separately in the Federal Law Gazette by the Federal Ministry of Finance. Article 2, No 2b, bb will enter into force on 1 January 2010.

8.

10.

Final date for comments: 60 days after circulation by the WTO Secretariat

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11.

Text available from: National enquiry point [ ], or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body: Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, Division IG I 6 Robert-Schuman-Platz 3 D-53175 Bonn Tel. +49-228 305 2471/2 Fax: +49 228 305 3974 Email: bernd-ulrich.hildebrandt@bmu.bund.de thomas.weber@bmu.bund.de and can be downloaded here http://members.wto.org/crnattachments/2009/tbt/DEU/09_1223_00_e.pdf