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OverviewoflegislationgoverningGermanysenergysupplysystemSTRATEGIESREGULATIONS/DIRECTIVESNATIONAL LEVELKeystrategies,acts, and regulations/ordinancesdirectives,STRATEGIESACTSORDINANCESLAST UPDATED: Jan 2017 bmwi.de/overview-of-legislationEUROPEAN LEVELEU CLIMATE AND ENERGY PACKAGE (20/20/20 TARGETS)THE ENERGY CONCEPT OF THE FEDERAL GOVERNMENTKEYTRANSMISSION AND DISTRIBUTIONSTORAGEGENERATIONCONSUMPTIONThis directive sets out conditions for the storage of carbon dioxide. It alsokeys down requirements for the selection, approval, and monitoring ofstorage sites.This directive lays down rules on the generation, transmission, and distribution of electricity, and on consumer supply and consumer protection. Furthermore, it specifies requirements for tendering and authorisation procedures as well as for the operation of the grids. This directive introduced the European system of greenhouse gases emissions trading. It sets out the rules on how certificates are to be allocated and traded and stipulates requirements concerning the provision of information.The aim of this directive is to cut primary energy consumption in the EU by 20% by 2020 compared to baseline projections. Measures here include the annual requirement for government to improve the energy performance of 3% of its building stock and for energy distributors/sellers to cut their energy consumption by at least 1.5% every year.This directive sets outs pan-EU rules for the uniform, pan-EU labelling of energy-related products. The directive provides for clarity regarding the respective responsibilities of suppliers and traders, and member states obligation to provide information. Products for which the well-known label is used include washing machines, heating systems, and TV sets. This regulation governs access to the natural gas transmission networks and gas and LNG storage facilities. Its aim is to work towards establishing a wholesale market for natural gas and to create mechanisms that will lead to a harmonisation of the rules governing the cross-border exchange of natural gas.This directive provides the legal framework for the promotion of renewables. It sets out binding national targets for the total share of renewables in each Member States gross final energy consumption, and for the transport sector. Moreover, it specifies rules with regard to joint projects, administrative procedures, the requirement to provide information, and access to the electricity grid. This directive lays down rules concerning the transmission networks and the distribution, supply, and storage of natural gas. It sets out criteria and procedural requirements which govern the (non-)approval of requests for the transmission, distribution, supply, and storage of natural gas, and for the operation of natural gas networks. This directive stipulates the requirement for environmental impactassessments (EIAs) to be undertaken prior to the approval of certain typesof public and private sector projectsS DIRECTIVE(DIRECTIVE 2009/31/EC)INTERNAL ELECTRICITY MARKETDIRECTIVE (DIRECTIVE 2009/72/EC)EMISSIONS TRADING DIRECTIVE(DIRECTIVE 2009/29/EC)ENERGY EFFICIENCY DIRECTIVE(DIRECTIVE 2012/27/EU)ENERGY LABELLINGCONSUMPTIONDIRECTIVE (DIRECTIVE 2010/30/EU)REGULATION (EC) No 715/2009 ONACCESS TO THE NATURAL GASTRANSMISSION NETWORKSRENEWABLE ENERGY SOURCES(RES) DIRECTIVE(DIRECTIVE 2009/28/EC)INTERNAL MARKET IN NATURAL GASDIRECTIVE (DIRECTIVE 2009/73/EC)ENVIRONMENTAL IMPACTASSESSMENTS (EIA) DIRECTIVE(DIRECTIVE 2011/92/EU)These directives specify rules on biodiversity and environmentalprotection.HABITATS DIRECTIVE (DIRECTIVE2011/92/EU) AND BIRDS DIRECTIVE(DIRECTIVE 2009/147/EC)The Industrial Emissions Directive sets out emissions limit values (ELVs)and other requirements for the approval of certain types of industrialinstallations, including power stations.INDUSTRIAL EMISSIONS DIRECTIVE(DIRECTIVE 2010/75/EU)This directive seeks to improve the energy-performance of buildings in theEU.EU ENERGY PERFORMANCE OFBUILDINGS DIRECTIVE(DIRECTIVE 2010/31/EU)REPORTS / GUIDELINESEvery two years, the European Networks of Transmission System Operatorsfor Electricity and Gas produce non-binding pan-EU 10-year network-development plans for the natural gas network and the electricity grid .-s sThese plans include projections on what exactly will constitute anadequate expansion of the networks.TEN-YEAR NETWORK-DEVELOPMENT PLANEvery two years, the Member States furnish the European Commissionwith information on infrastructure projects that are at the planning stagesor are currently being implemented. This data is provided for projectsrelated to the generation, storage, and transport of natural oil and gas,electricity (including from renewable sources), biofuels, and CCS.PLANNED INVESTMENT IN ENERGYINFRASTRUCTUREThis regulation sets out the overarching rules for the “Connecting Europe” facility, which helps to fund investment in priority EU infrastructure projects in the transport, energy, and telecommunications sectors.CONNECTING EUROPE FACILITYREGULATIONThe Member States are required to regularly identify Europeaninfrastructures that are critical, for instance for the supply of electricity.They are to ensure that operators security plans are available and thatsecurity liaison ofg189cers are designated for each of these infrastructures.CRITICAL INFRASTRUCTURE PRO-TECTION DIRECTIVE (DIRECTIVE2008/114/EC)This directive provides the basis for pan-EU ecodesign requirements for energy-related products, including TV sets, washing machines, and electrical engines. Only products which meet these requirements can be brought to market and used. ECODESIGN DIRECTIVE(DIRECTIVE 2009/125/EC)This regulation introduces a compensation mechanism created for cross-border flows of electricity, rules on the allocation of interconnector capacity, and principles for transmission charges. The regulation is supplemented by various network codes.REGULATION (EC) No 714/2009 ONTRADINGCROSS-BORDERThis regulation sets out rules designed to streamline authorisation procedures and increase public support, and rules relating to the regulatory framework and cost allocation for energy infrastructure projects. A list of the main infrastructure projects of community interest (PCIs) in the field of electricity, gas, oil and smart grids is provided in the annex to the regulation.REGULATION ON GUIDELINES FORTRANS-EUROPEAN ENERGYINFRASTRUCTUREThis directive stipulates certain measures to be taken to ensure a secure supply of electricity. These measures concern generation capacity, balancing supply and demand, and ensuring that there is sufficient generation and transmission capacity for the systems to work reliably.DIRECTIVE FOR A SECURE SUPPLYOF ELECTRICITY(DIRECTIVE 2005/89/EC)The Energy Industry Act sets out the regulatory conditions that arenecessary for ensuring a secure, affordable, consumer and environmentallyfriendly supply of electricity and natural gas. It regulates the supplysystems for electricity and natural gas in order to ensure that competitionis effective and is not distorted. It also implements European Union lawwith regard to the network-based supply of electricity and natural gas.ENERGY INDUSTRY ACTThis act deg189nes how vital energy needs are to be met in the event ofimmediate threats or disruptions to the energy supply where these cannotbe sufg189ciently addressed in time.ENERGY SECURITY OF SUPPLY ACTThis ordinance deg189nes the powers of the Federal Network Agency and theLnder (as load distributors) that are necessary for ensuring that vitaldemand for natural gas is met. In a crisis situation, these load distributorscan issue instructions both to gas companies and consumers.ORDINANCE TO ENSURE THESUPPLY OF GAS IN A SUPPLY CRISISThe Power Grid Expansion Act deals with the construction of extra-high-voltage grids. It sets out specig189c plans for grid projects that are designed tointegrate electricity from renewable sources, establish better networks inthe European Energy market, connect new power stations, and avoidstructural bottlenecks in the transmission network.POWER GRID EXPANSION ACTThis law sets out procedural requirements for the construction of cross-regional and cross-border extra-high-voltage lines. It also applies to high-voltage powerlines with a nominal voltage of at least 110 kV. The individualexpansion projects are laid down in the Federal Requirements Plan Act. Theaim of this act is to speed up planning and approval procedures.GRID EXPANSION ACCELERATIONACTThis act deg189nes which measures are needed to expand and upgrade theextra-high-voltage grids in the next 10-15 years, supplementing theprojects set out in the Power Grid Expansion Act.FEDERAL REQUIREMENTS PLAN ACTThis law specig189es precautions to be taken in order to ensure effectiveenvironmental protection in the context of both public and private-sectorprojects.ENVIRONMENTAL IMPACTASSESSMENT ACTThe act regulates the enforcement powers and obligations of the Lnderwith regard to market supervision of product labelling. It also stipulates thegeneral rules for the roll-out of the national efg189ciency labels for oldheating systems.COACT ON ENERGY NSUMPTIONLABELLINGThe Energy and Climate Fund was established in order to provide fundingfor the additional responsibilities associated with the Energy Concept of28 September 2010. This Special Fund is used to fund measures in the areasof renewable energy energy efg189ciency, a the national efforts toand s well ascombat climate change. The Government Decisions of June and July 2011stipulate that revenues from the auctioning of carbon emissionscertig189cates are to be the only source of revenue.ENERGY AND CLIMATE FUND ACTThis acts is designed to protect people, animals and plants, the ground,water, the atmosphere, as well as cultural assets and material goods fromharmful environmental effects (caused by air pollution, noise, vibrations,light, heat, and radiation).FEDERAL IMMISSION CONTROL ACTThis law is designed to promote the advancement of technologies thatenable the production of energy from renewable sources .at a lower costThe share of renewables used in power generation is to be raised to 80% by2050.RENEWABLE ENERGY SOURCESACTTh law is designed to help raise the share of renewables to 14 per cent ofisthe energy used for heating purposes and to achieve this by 2020.RENEWABLE ENERGIES HEAT ACTIn conjunction with the relevant EU legislation, this law defines the energy-related requirements that apply to products entering the market and being used. It also provides the legal basis upon which the Lnder can exercise market surveillance.ENERGY-RELATED PRODUCTS ACTThis law is designed to protect life, health, and material goods from thehazards of the use of nuclear power and the harmful effects of ionisingradiation. It deg189nes basic rules for plant operation and for the structuredphase-out of nuclear energy for commercial electricity production.ATOMIC ENERGY ACTThis law specig189es rules and requirements for the use and protection ofwater bodies. Most of the water used in the generation of energy (e.g. forcooling systems; hydropower) is surface water.FEDERAL WATER ACTThis law sets out the legal framework for the exploration, extraction, andprocessing of mineral resources in Germany. It also applies to theconstruction and operation of underground storage facilities.FEDERAL MINING ACTThis act provides the legal framework for the piloting and application oftechnologies used in the sequestration, transport, and storage of carbondioxide found in deep geological strata. It also contains rules on theexamination, erection, operation, monitoring, and decommissioning ofpilot storage facilities, and on the transfer of responsibility for these, as wellas rules on connection and access to CO2 ducts and storage facilities.CARBON CAPTURE AND STORAGE(CCS) ACTThis law provides the basis for the trading of greenhouse gases emissionallowances within a pan-EU emissions trading system. The aim is to make acontribution towards the global effort to combat climate change throughreducing the level of greenhouse gases emissions in a cost-efg189cientmanner.GREENHOUSE GAS EMISSIONTRADING ACTThis act stipulates requirements for nature and landscape protection. It iscomprised of rules that are designed to preserve biodiversity, a balancedecosystem, regenerative capacity, the sustainable use of natural resources,and the diversity and beauty of nature and the countryside. The protectionafforded under this act also covers the nurturing and, where necessary,restoring of these resources.FEDERAL NATURE CONSERVATIONACTThe aim of this ordinance is to ensure that vital needs for electricity aremet. It also transfers the role of load distributor to the Federal NetworkAgency in the event of a supply crisis.ORDINANCE TO ENSURE THESUPPLY OF ELECTRICITY IN ASUPPLY CRISISThis ordinance deg189nes the conditions for feeding electrical energy into theelectricity grids and for the simultaneous take-off of electricity at remotedistribution points. It also lays down the basic rules for grid balancing andbalancing-group management.ELECTRICITY NETWORK ACCESSORDINANCEThis ordinance specig189es the methods to be used for calculating charges foraccess to the transmission and distribution grids (grid fees), for thetransmission of electricity to consumers, and for distributed feed-in.ELECTRICITY NETWORK CHARGESORDINANCEThis ordinance deg189nes the methods to be used for calculating charges foraccess to gas pipelines and gas distribution networks for the transmissionof natural gas to consumers via the networks of the gas network operators.GAS NETWORK CHARGES ORDINANCEThis ordinance deg189nes the conditions under which grid operators shallprovide access to their networks to those entitled to such access. It alsocovers the feed-in of biogas and the connection of biogas plants to thepipeline networks. Furthermore, this ordinance specig189es requirements forefg189cient capacity utilisation, with the aim of ensuring that access to thenetworks is granted to those entitled to such access in a non-discriminatory way.GAS NETWORK ACCESSORDINANCEThe purpose of the ordinance is to develop demand side managementpotential in the interest of the security of the electricity supply system attransmission system level.DISCONNECTABLE LOADSREGULATIONBy way of this ordinance, the responsibility for conducting planningapproval procedures for cross-regional and cross-border extra-high-voltage lines was transferred from the Lnder to the Federal NetworkAgency.ORDINANCE ASSIGNING PLANNINGAPPROVAL PROCEDURESThis ordinance uses incentive-based regulation to stipulate the fees foraccess to the energy supply networks. Furthermore, it sets outrequirements to be used to determine the total revenue that networkoperators may generate from grid fees (revenue cap), and also stipulatesquality requirements.INCENTIVE REGULATION ORDINANCEThis ordinance regulates the policy environment for concession fees forelectric
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