Biogasregister Deutschland General Principles Concerning the Mode of Operation.

Transcription

1 Valid from Page 1 of 22

2 Contents 1 Introduction Context and general mode of operation Supply contract level (1st level) Accounting grid level (2nd level) Verification level (3rd level) Advantages for the market participants Players in the Biogas Register Biogas Register extracts Biogas Register excerpt of a biogas delivery Biogas Register extract concerning a biogas certificate Reference to (partial) proof of sustainability as stipulated by the BLE Batch status Prerequisites for creation of Biogas Register extracts The user account in the Biogas Register User access data User actions in the Biogas Register Criteria catalog of the Biogas Register Audit companies and auditors in the Biogas Register Audit documentation process in the Biogas Register Confirmation through audit companies in the Biogas Register Plausibility check through the Biogas Register Withdrawal of red status Rights of the registrar Rights of the registrar in the event of misuse Rights of the registrar relative to electronic documents Transaction controls for users Checking Biogas Register extracts Communication between the Biogas Register and the users Conditions of Use for The Marketing Logo of the German Biogas Register Subject to change Page 2 of 22

3 1 Introduction. The General Principles Concerning the Mode of Operation of the German Biogas Register are intended for all users of the German Biogas Register. On one hand these are the user companies and registered system users, as well as the audit companies and auditors as defined in the Biogas Register who have accounts in the system. On the other hand, this also includes those players who receive and use register extracts of the Biogas Register. The functionalities, the legal prerequisites, as well as the essential processes of the Biogas Register will be described. The Biogas Register is an electronic, account-based documentation system for managing verifications of properties (audit reports) of the quantities of biogas injected into the natural gas grid, that are prepared by thirdparties (audit companies, auditors) on behalf of the users of the register. The system offers users the possibility of managing biogas quantities in terms of scope, quality, and origin in a uniform documentation system and to make this information available to other users (business partners). Through the account system of the German Biogas Register, in particular, information concerning partial quantities can also be easily forwarded. Through the transfer to a third-party account, or the so-called Biogas Register extract generated at book-out of the documentation system, users are supported in furnishing verification to third parties (business partners, recipients of the Biogas Register extracts). The register extracts constitute a structured documentation of the information that the user and the audit companies commissioned by the user have placed in the system. The German Biogas Register is a mass balance system as stipulated in the Interpretation Aid concerning mass balancing in accordance with 27c paragraph 1 number 2 of the Renewable Energy Sources Act 2012 (EEG) of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) (as amended hereinafter: Interpretation Aid). Thus it satisfies the highest requirements imposed on mass balance documentation of property verifications. Alternatively it is possible to document certificates (in the case of biomethane this means separating the biogenic properties of the commodity) in the Biogas Register. 2 Context and general mode of operation. The specific presentations of the mode of operation of the Biogas Register should be preceded by a brief explanation of the context in which the Biogas Register stands. In this regard, in principle three levels must be differentiated: Supply contract level (1st level) Accounting grid level (2nd level) Verification level (3rd level) 2.1 Supply contract level (1st level) Between producers, dealers, and consumers (hereinafter market participants) extensive trade relationships exist relative to the biogas injected into the natural gas grid (also "biomethane" or "bio natural gas"). On the 1st level, the supply contract level, dealers and consumers enter into contracts concerning the supply of biogas. Among other things, these contracts regulate quantities, biogenic properties, and prices. In this regard, "bio- Page 3 of 22

4 gas" plays a special role in the trading of raw materials because the use of biogas is promoted through various laws and ordinances. Therefore, verification of the properties that are crucial for the respective subsidy eligibility of the traded biogas has a special economic significance for the trade between the market participants. The supply contract entered into by the market participants remains solely authoritative for the questions of "Whether", "How much", and "When" of the biogas delivery. In the supply contract buyers and sellers also agree on the precise quality of the biogas, i.e. its property profile, among other things, depending on the planned use (e.g. NawaRo), the "What" of the delivery. 2.2 Accounting grid level (2nd level) From the above the 2nd second level, the accounting grid level, must be differentiated. The "transport" of the biogas is organized on this level. However, this does not mean that the biogas is physically delivered to the consumption point, but rather as usual in energy trade it is traded for commercial and accounting purposes via the accounting grids. Generated biogas quantities are injected into the natural gas grid. Physically the biogas quantities are regularly withdrawn from the gas grid in geographic proximity to the injection point, while at the intended consumption point, the gas that is predominant there in the gas grid as a rule natural gas is withdrawn. Physically considered, no "real" biogas quantities are delivered. To be distinguished from the above are the commercial-accounting trade transactions: The injected biogas is booked into an (injection) accounting grid and depending on how long the supply chain is can be traded via any number of accounting grids of one or multiple biogas dealers. Since these are not always special biogas accounting grids, and thus the biogas is not transported "unmixed", together with the injection time series a verification of the biogas fictitiously withdrawn from the gas grid and used for a legally intended subsidy, must be enabled. 2.3 Verification level (3rd level) In supplementation to the 1st and 2nd level the Biogas Register works on a 3rd (auxiliary) level: To meet his contractual obligations arising from the supply contract relative to the properties of the biogas, the seller must verify to the buyer that the delivered biogas actually corresponds to the contractually agreed property profile, in other words the seller must verify that he has really delivered biogas produced from renewable raw materials. This is where the Biogas Register comes in as an "aid instrument" for the party obligated to provide verification in accordance with the supply contract. The seller provides verification of the contractually agreed property profile by having his generation plant and the gas quantities that are set in the register audited relative to the contractually agreed properties by recognized experts (referred to in the Biogas Register system as "audit companies" or "auditors"). In the Biogas Register the results of these so-called "audit reports" can be uniformly documented and made transparent both for the entire production quantity of the biomethane and also for specific partial quantities. The Biogas Register itself does not create any audit reports, it merely documents audit reports in a structured process and thus in compliance with the requirements imposed on a mass balance system, enables documentation of the verification over a supply chain, no matter the length. Page 4 of 22

5 The register itself does not add any information concerning users and auditors, it does not remove anything, nor does it evaluate anything. Through the defined criteria of the Biogas Register the information provided by the auditors becomes transparent and is documented for the user on the Biogas Register extracts. Through a plausibility check the Biogas Register also ensures that the information provided by the users and auditors in the Biogas Register formally agrees. 2.4 Advantages for the market participants The Biogas Register facilitates trading with biogas, particularly if generators and consumers of the biogas no longer know each other and biogas (partial) quantities are traded by one or more intermediate dealers. However, the user must have confidence that he can document the verification of the contractually agreed property profile of the biogas. This he can do if the (last) seller offers him quantities with verification of the property profile documented through the independently administered Biogas Register. In this case the Biogas Register replaces personal knowledge of the contracting party and the generation circumstances, and thus engenders the trust that is necessary for transactions in a supply chain. Through this measure trading with biogas and furnishing verification of contractually agreed properties of the biogas are significantly facilitated for the market participants. However the Biogas Register does not take on the role of a trading platform. 3 Players in the Biogas Register. The essential players in the Biogas Register system are listed below: Registrar The registrar is the operator of the Biogas Register. The registrar is responsible for the operative implementation of the register. The registrar makes the electronic account system available and executes plausibility checks in the system. The registrar of the German Biogas Register is the Deutsche Energie-Agentur GmbH (dena). User companies User companies of the Biogas Register are legal entities (also private companies) as well as merchants as defined in the German Commercial Code who enter into a system use contract with the registrar and who acknowledge "The General Principles Concerning the Mode of Operation of The German Biogas Register". With conclusion of the use contract, companies that use the Biogas Register receive an appropriate system user account for each registered system user. Registered system users Registered system users are natural persons specified by and authorized to represent the user company, who can initiate actions in the appropriate system user account (e.g. bookings-in, transfers, bookings-out) that will be allocated to the respective system user and the user company. The user company reports the registered system users to the registrar. Registered system users can be active for multiple user companies within the register, if the user companies authorize the system users in this regard through a separate registration. Audit companies Page 5 of 22

6 Audit companies of the Biogas Register are natural or legal persons who confirm the results of previously prepared audit reports for their client in the Biogas Register. An individual expert can also be considered as an audit company as stipulated in the Biogas Register. Auditors Auditors are natural persons specified by and authorized to represent the audit company, who in the appropriate audit company account can initiate actions (e.g. confirm audit results, upload audit reports) that are attributed to the appropriate auditors and audit companies. Auditors have specific personal qualifications, such as environmental verifier in accordance with the German Environmental Audit Act, which they must verify to the registrar when registering, as well as once a year, and which determine the scope of the possible permitted actions of the respective registered auditor in the audit company account. An individual expert as stipulated in the Biogas Register can be an audit company, as well as its sole registered auditor. Persons listed in the Biogas Register as "auditors" cannot cite the listing as "auditor" in the Biogas Register as verification of their existing qualifications in legal transactions. The Biogas Register does not qualify nor does it certify auditors. Recipients of Biogas Register extracts User companies can ask registered system users to prepare so-called Biogas Register extracts from the Biogas Register at book-out of biogas quantities, and can use these extracts in legal transactions. The recipients of the register extracts can be companies that use the register or third parties. 4 Biogas Register extracts. The Biogas Register makes two types of extracts available: Biogas Register extract (of a biogas delivery) Biogas Register extract (of a biogas certificate) In summary, the Biogas Register extracts are based on the following internal register process: The property profile of the quantities shown on the register extract has been specified by the in-booking user, confirmed in the Biogas Register by an audit company, and the registrar has executed a plausibility check. Biogas Register extracts do not constitute an original verification of biogenic properties. Biogas Register extracts concerning a biogas delivery can be created with a reference to a proof of sustainability or partial proof of sustainability (hereinafter (partial) proof of sustainability as stipulated by the BLE ), if this proof has already been listed in the Sustainable Biomass System ("Nabisy") of the Federal Agency for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung BLE). 4.1 Biogas Register excerpt of a biogas delivery The following information is shown on the Biogas Register extract concerning a biogas delivery: Biogas Register extract (of a biogas delivery) Source of the information Page 6 of 22

7 Biogas Register extract (of a biogas delivery) Production plant, production period, and date the production plant was commissioned Documented biogas quantity (the biogas quantity (in the thermal equivalent) that has been documented in and booked out of the Biogas Register) Injection point and meter number of the injection Listing of the biogas properties in accordance with the "Criteria Catalog of the German Biogas Register" Verification-relevant comment If necessary a note concerning the executed accounting division Withdrawal from the natural gas grid: Recipient of the Biogas Register extract, withdrawal period, purpose OR: Withdrawal point and meter number, OR: Transfer location (location at which the quantity has been transferred or used (e.g. market region, VHP) Source of the information Information concerning the in-booking user company, confirmed by an audit company, and checked for plausibility by the registrar. The documented quantity information on the register extract has been specified by the book-out user. The German Biogas Register ensures that only those quantities can be booked-out once that have been previously booked-in by a user company, confirmed by an audit company, and have been checked for plausibility by the registrar. Information concerning the in-booking user company, confirmed by an audit company Information concerning the in-booking user company, confirmed by an audit company Information concerning the in-booking user company, confirmed by an audit company Automated entry through Biogas Register software, if the user company has executed the accounting division. Information concerning the out-booking user company Information concerning the out-booking user company OR: Withdrawal point and meter number, as well as transfer location (e.g. CHP address) Designation of the user who initiated the outbooking in the Biogas Register Creation date and time Register extract number Automated entry through Biogas Register software Automated entry through Biogas Register software (the server time is authoritative) Automated entry created and entered by Biogas Register software Page 7 of 22

8 Biogas Register extract (of a biogas delivery) If necessary, number of the BLE (partial) proof of sustainability If necessary, compliance with the requirements for mass balance documentation Source of the information Information concerning the out-booking user Automated entry through Biogas Register software 4.2 Biogas Register extract concerning a biogas certificate In addition to the contents of the Biogas Register extract concerning a biogas delivery and the identifier, Biogas Register extract concerning a biogas certificate", a user self-declaration is also imprinted that clearly states that the documented quantities only involve the biogenic properties without commodity. This self-declaration is digitally submitted by a system user with specification of an itan in the Biogas Register. This occurs at the point in time when the system user has control of the biogas quantity shown on the Biogas Register extract (batch with status "green"). The system user declares that he has already executed the separation of the biogenic properties from the commodity within the accounting grid level. The user's selfdeclaration is not checked by the Biogas Register for its correctness. 4.3 Reference to (partial) proof of sustainability as stipulated by the BLE The information concerning the presence of a (partial) proof of sustainability as stipulated by the BLE on the Biogas Register extract offers user companies more flexible possibilities for using their biogas quantities in the Biogas Register. Reference to (partial) proof of sustainability as stipulated by the BLE can only be issued in conjunction with a regular Biogas Register extract concerning a biogas delivery. The reference contains a note concerning selfdeclarations of the out-booking user submitted to the register, and to all upstream users in the supply chain, as well as the identifier of the (partial) proof of sustainability currently listed in the BLE's Nabisy. The actual (partial) proof of sustainability is administered by the user via the "Nabisy" Register of the Federal Agency for Agriculture and Food in accordance with the Biokraftstoff-Nachhaltigkeitsverordnung (Biofuel Sustainability Ordinance). On its own, the information held in the Biogas Register concerning the presence of a (partial) proof of sustainability as stipulated by the BLE does not constitute a valid (partial) proof of sustainability in legal transactions, and can only be submitted in conjunction with the original (partial) proof of sustainability that is generated and documented in Nabisy for verification obligations concerning receipt of the biofuel quota in accordance with 37a of the Federal Emission Control Act (BImschG) or for tax incentives in accordance with 50 of the Energy Tax Act (EnergieStG). The reference is for information purposes and is based solely on the information of the user and the confirmation of the auditor who is active for the user; in this case the Biogas Register does not execute a plausibility check nor does it execute any other form of review. Reference to the BLE proof of sustainability Source of the information Page 8 of 22

9 Identifier of the (partial) proof of sustainability in the Nabisy application of the BLE Self-declaration of the user Information concerning the user company Information concerning the user company 5 Batch status. In the Biogas Register biogas quantities are documented via master batches and batches. A master batch is a production quantity that can be divided into smaller units (batches). Batches and master batches are biogas quantities documented in the German Biogas Register with a defined production plant, property profile, injection period, and injection location (injection point and meter number). The batches in the Biogas Register always have a specific color. Each color designates a specific processing status of the batch. Batch status and meaning Gray Green Yellow Red According to the user, batch is produced, the production location is a plant confirmed by an auditor relative to its existence and properties (plant-relevant criteria), an appropriate quantity is booked-in to a user account, the batch or parts thereof can be transferred to a different user account Batch can be booked out, confirmation of the quantity and of the property profile (plantrelevant and operation-relevant criteria) has been provided by auditors, a register extract (concerning a biogas delivery) can be created, and batch or parts thereof can still be transferred to other user accounts. Batch can be booked-out, confirmation of the quantity and of the property profile (plantrelevant and operation relevant criteria) has been provided by auditors, (upstream) user has declared separation of the biogenic properties, a register extract (of a biogas certificate) can be created, batch or parts thereof can be transferred to other user accounts Batch is booked-out, Biogas Register extract concerning biogas delivery or concerning a biogas certificate has been created, batch or parts thereof can no longer be transferred to a different user account The change of a master batch to green status is carried over to all (partial) batches allocated to the master batch since booking-in, regardless of the account in which the (partial) batches are located or the user. 6 Prerequisites for creation of Biogas Register extracts. Each batch for which a Biogas Register extract should be created must have been transitioned from "gray" status to the "green" status, or further transitioned to "yellow" status Page 9 of 22

10 Prerequisite for creation of Biogas Register extracts. Green Yellow Self-declaration batch batch and identifier of On own account On own account the (partial) proof of sustainability as stipulated by the BLE Biogas Register extract (concerning a biogas delivery) X Biogas Register extract (concerning a biogas certificate) X Biogas Register extract (concerning a biogas delivery) X X with reference to (partial) proof of sustainability as stipulated by the BLE The change from "gray" status to "green" status can only be initiated by the user to whom the respective master batch of the (partial) batch that should be changed is allocated. On the other hand, the "yellow" status can be initiated by each user in whose account a (partial) batch is booked-in with "green" status. The "red" status is assigned by the Biogas Register. In principle, register extracts can only be issued for batches that are located in the account of the user who wants to create a Biogas Register extract. 7 The user account in the Biogas Register. Every user who has entered into a user contract with dena receives an account in the Biogas Register. The account consists of different areas: Accounts Biogas account Certificate account Plant overview Customer overview Batches with "gray" and "green" status are managed in the biogas account. The certificate account contains batches with "yellow" status. Batches with "red" status can be located in both accounts. Registered system users can set up subaccounts in the user account for all user companies to whom they are allocated. Subaccounts offer the convenience function of being able to sort biogas quantities according to selfselected criteria. Subaccounts can be deactivated in the Biogas Register (in empty status), however due to the unique traceability of the transactions they can never be deleted. Page 10 of 22

11 Each (sub)account has a unique account number that cannot be changed. Among other things, this account number includes the abbreviated designation of the user. In addition to the unique account number, all accounts also have a designation (account name) that can be freely selected and changed by the user. In each user account the master batches allocated to a user account can be managed according to origin (plants) in the plant overview. In each user account customer data can be created and managed in the customer overview; this customer data can be referenced for transfers and for creation of the register extracts. 7.1 User access data Registered system users can initiate actions for one or more user companies in the user account assigned to them. Each registered system user receives personalized access data for the user account for this purpose. The personalized user data consists of an individual user alias, an associated access password, and a list with itans. In this regard there is a different scope of authorizations: Registered system users can obtain the additional status "registered user with extended rights". This status includes the following additional rights: To see and change billing data of the Biogas Register with the user. To create, change or deactivate plants. Confirmation of transaction with an itan and the confirmed transaction itself cannot be undone. 7.2 User actions in the Biogas Register. The user has extensive action possibilities in the Biogas Register. The specific actions are limited to the user's own account. The action possibilities relative to specific batches change as soon as the status of the batch changes. The overview below presents the essential action possibilities available to the user. General account actions User actions Managing subaccounts Managing criteria combinations Changing customer information Viewing overviews Explanation Users can create subaccounts and manage their batches as desired. Users can create, change, or delete criteria combinations for their account under a unique designation. Users have access to the customer database and can change, add, or delete data sets. Users can view overviews of the fees incurred ("Listing of system use fees") and account activity ("Quantity input output balance"). Page 11 of 22

12 Page 12 of 22

13 Plant actions User actions Creating a plant Applying for a plant audit for a plant Explanation Users can register biogas plants in the Biogas Register. For this, the property profile of the plant must be specified. Before (master) batches can be booked-in, the plant must be confirmed through an expert assessment of an audit company (see action "Applying for a plant audit for a plant"). If a plant should generate biogas quantities with different property profiles concurrently (e.g. NawaRo and secondary products), a corresponding number of plants must be created in the Biogas Register (in the sense of production lines) and each must be confirmed by the audit company. In this case, if necessary the same expert assessment (audit report) must be stored multiple times in the system. Prior to booking-in a master batch, the plant must be confirmed and a plausibility check must be executed. This process is described in Chapter 10. Page 13 of 22

14 Master batch actions User actions Explanation Creating a master batch ("booking-in") Only biogas quantities actually produced and actually injected into the gas grid should be booked into the Biogas Register as (master) batches. The users are responsible themselves in this regard, the registrar does not execute a check for this. For each plant, only one biogas quantity can be booked-in for a defined production period. Retroactive booking-in/enlargement of master batches over previously allocated time periods (green MB) is not possible. Consequently, the total gas quantity of the documented period should always be booked in. Through creation of a master batch, batches are booked into the Biogas Register simultaneously. In the event that an expert assessment concerning biogas quantities with different property profiles has been created, separate master batches must be created for these quantities. When master batches are created, existing, previously defined criteria combinations can be called up for the user company. Changing master data of the master batch Triggering an audit documentation process in the Biogas Register Dividing a master batch In principle, changes to the master batch are possible up to the first green status. A reduction in quantity can only be made up to the first green status, and only by that proportion of the master batch over which the inbooking user company has control (part of the batch is still on the company's own account). Likewise, an enlargement of the master batch is possible until the first green status. Criteria can also be added after the green status via an operation audit or plant audit. User companies can have the properties for their gray batches confirmed, in order to reach a green status of the (master) batch. This process is described in Chapter 10. Via master batch division (see below) time period and total quantity can be divided into two halves. This process is also described in Chapter 10. Page 14 of 22

15 Batch actions User actions Transfer Explanation Registered system users can transfer batches to their own subaccounts or to external accounts. If batches with information concerning the presence of a (partial) proof of sustainability as stipulated by the BLE should be transferred to an external account, a user self-declaration concerning the previous issuing of a (partial) proof of sustainability in the Nabisy of the BLE with specification of a valid (partial) proof of sustainability number must be submitted. The (partial) proof of sustainability must be attached in digital form. Division Balance division Batches can be divided in the account of the user company in which the batch is located. The smallest possible partial quantity is 1 kwh. If batches for which information concerning a (partial) proof of sustainability as stipulated by the BLE is present, should be divided, for this a selfdeclaration concerning the parallel issuing of two (partial) proofs of sustainability in the Nabisy of the BLE with specification of appropriate valid (partial) proof of sustainability numbers must be submitted. Batches with "green" status that document multiple input material criteria can be divided according to these input material criteria through a balance division. Through this measure, two partial batches are generated, each of which contains only the one or the other part of the allocated input material criteria. The quantities of the two partial batches are calculated by the application through conversion from the output batch and the documented proportions. In this process, the partial quantities are rounded if necessary, the total quantity however remains intact. A partial batch can be further subdivided if necessary. On the register extract, the abbreviation TCH in the batch number indicates that a balance division has been undertaken. Combining of (partial) batches Two batches that belong to the same master batch can be combined into one batch. Likewise, partial batches that have been created through balance division of the same batch can be recombined. Page 15 of 22

16 User actions Separating biogenic properties (so-called "yellow status") = transfer to certificate account Explanation Through submission of a binding declaration that the biogenic properties have been separated from the commodity, and confirmation of the self-declaration, user companies can document the separation of biogenic properties (yellow status). The separation of biogenic properties is also documented at transfer to the certificate account of the user company. This step is irreversible. The listing of a reference to (partial) proof of sustainability as stipulated by the BLE is not possible after separation of the biogenic properties in the certificate account. Creating a register extract (= "booking-out") For batches with "green" or "yellow" status that are in the account system of a user, the user can create register extracts. In this process a unique Biogas Register extract number (document number) is generated. With creation of a register extract the respective batch automatically gets the status "red". At book-out, existing criteria combinations can be selected for the user company, if the criteria combination is complied with for the quantity that will be booked out. The selected criteria combination will then be specified separately with its designation on the Biogas Register extract. 8 Criteria catalog of the Biogas Register. The Biogas Register creates uniformly structured, comparable register extracts for specific biogas quantities. The basis for this is a criteria catalog that represents the essential criteria that are usual and necessary in legal transactions for verification of the biogenic properties of biogas and of the producing plants, and thus enables presentation of biogas quantities of different quality in the Biogas Register and on the Biogas Register extract. The criteria catalog consists of: Plant-related criteria Farm-related criteria and Batch-related criteria Plant-related criteria are used to document properties of the generating and treatment plant, which as a rule do not change in the course of production and over the course of a year. Farm-related criteria are used to document properties of the generated and processed biomethane quantities that can vary in the course of production and over the course of a year. Batch-related criteria are used to document compliance with the mass bal- Page 16 of 22

17 ance requirements relative to use of a mass balance system for quantities listed within the register, as well as for information concerning the presence of a (partial) proof of sustainability as stipulated by the BLE. In addition to the criteria of the criteria catalog, the properties of a plant or biogas quantity can also be described, through "verification-relevant comments" that can be freely formulated. The criteria catalog is compiled and updated by the control group of the Biogas Register. The criteria catalog is a recommendation of the registrar. The criteria catalog is the basis upon which the user can have his plants and biogas batches described and confirmed in the Biogas Register by auditors. The "property profile" of a batch in the Biogas Register designates the totality of test criteria that are assigned to a biogas batch by the user. The provided "Explanations of the criteria catalog" and the "Criteria and products matrix" make no claim of completeness, correctness, relevance, necessity, or topicality with regard to possible statutory requirements for the use of biogas. Users and auditors are themselves responsible for ensuring that at the time register extracts are used, all statutory requirements imposed on the biogenic properties are verified. The criteria catalog can be adapted by the registrar. The registrar strives to keep the criteria catalog up-to-date and to adapt it to statutory changes. The criteria are described in more detail relative to the essential components in the Explanations of the criteria catalog. Here reference is made to the respective legislative texts and other relevant documents. The Explanations of the criteria catalog can be viewed at any time on the Biogas Register website ( which is freely accessible. 9 Audit companies and auditors in the Biogas Register. The Biogas Register makes it possible for its users to have the biogenic properties of their batches confirmed by an auditing company in the Biogas Register. To do this, auditors from the Biogas Register that are commissioned by the user receive an appropriate account in the Biogas Register. As part of the auditor registration in the Biogas Register, the personal qualifications of the auditor are verified. The scope of the audit, as well as the audit interval are presented in the "General Conditions of Use for Audit Companies and Auditors in the German Biogas Register". 10 Audit documentation process in the Biogas Register. Users can trigger an audit documentation process in the Biogas Register for master batches and plants. From the point in time when the user assigns a master batch to the process, the master batch can no longer be edited. Thus, in summary the users initiate the following process in the Biogas Register: The audit company commissioned by the user confirms in the Biogas Register the information of the user concerning one/multiple specific master batch(es) or concerning a plant, if this information agrees with the information in the audit report, and with the information in the input material log. If the audit company has confirmed the information in the Biogas Register, the user company can transfer the audit documentation to the registrar for review; the registrar performs a plausibility check. If the plausibility check was also successful, in Page 17 of 22

18 the case of plant audit documentation, the plant will be "released" for creation of master batches, or in the case of farm audit documentation, the master batch will be set to "green" Confirmation through audit companies in the Biogas Register The audit company confirms in the Biogas Register that the expert assessment (audit report) it has executed onsite on behalf of the plant operator company agrees with the information concerning a plant in the following points: Plants Plant name/address Plant profile Injection point Meter number Year commissioned Enterprise affiliation Date of first validity of the audit The audit company confirms in the Biogas Register that the expert assessment (audit report) it has executed onsite on behalf of the plant operator company agrees with the information concerning each master batch documented within the register in the following points: Master batches Production plant Client that commissioned the audit Production period of each quantity confirmed in the audit report Injection point and meter number Injection quantity of each quantity confirmed in the audit report Property profile Division of green status master batches The audit company confirms in the Biogas Register that the expert assessment (audit report) it has executed onsite on behalf of the plant operator company agrees with the information concerning division of a master batch that has already been set to green status into two time periods documented within the register in the following points: Production plant Client that commissioned the audit Injection point and meter number The association of time period and quantity of the master batch to be divided with the production The division of the total quantity into the two new quantities matches the division of the overall time in the two new time periods Page 18 of 22

19 The confirmation of the auditing company in the Biogas Register is concluded, when the appropriate audit report, on the basis of which the confirmation has taken place, has been uploaded, and the information has been confirmed through entry of an itan Plausibility check through the Biogas Register After confirmation by the auditor, the user can forward the audit documentation to the registrar for execution of the plausibility check and green status. As part of the plausibility check the registrar checks whether: A legible audit report has been uploaded The plant in the audit report agrees with the plant of the master batch(es) based on the address. The time period specified in the audit report agrees with the production period of the master batch(es). The (partial) quantity(s) specified in the audit report agrees with the total quantity of the master batch(es) The injection time agrees The meter number agrees The registrar does not check whether the audited criteria and results in the respective audit report that is stored in the system (upload) agree with the property profile of the master batch(es) entered by the (a) user, and (b) registered auditor. The registrar assumes no warranty for the correctness and completeness of the information. Only if all of the previously cited checks performed by the registrar are positive, will the master batch(es), or the plant or additional criteria, or the master batch division be released by the registrar. This status change is irreversible. If not all of the plausibility checks of the registrar are positive, the process will be returned to the user company for correction. The registrar reserves the right also to check the data and audit reports beyond the scope described for plausibility, and if necessary to return the data and audit reports with substantiation for correction. If returned for correction, the data can be changed appropriately and the transaction can again be forwarded for green status. 11 Withdrawal of red status. Book-out entities can withdraw a book-out, i.e. red status by the registrar with submission of the substantiated application. The consequences of this transaction are: The register extract in question will be set to invalid. The Biogas Register extract will be publicly shown as invalid in the German Biogas Register. In the case of incidents that can jeopardize the protection of confidence of the Biogas Register, the registrar can publish the registration extract number on a list of all invalid register extracts, additionally including the date that invalidity begins and other content. Among other things, from the published number of the register extract conclusions can be drawn concerning the book-out company and the time of the out-booking. The entire batch documented on the extract changes from red status (deactivated) to the status proceeding the book-out (green or yellow status) in the account of the book-out entity. The book-out entity can only apply for this, if Page 19 of 22

20 The register extract has not yet been used in legal transactions (in particular for obtaining possible subsidy advantages/subsidy eligibilities). The book-out entity ensures that all affected companies and persons will be informed of the invalidity of the register extract, and The book-out entity will not continue to use the register extract in electronic and written form. The book-out entity is solely responsible for any legal consequences arising from liabilities already entered into in conjunction with the biogas quantities shown in the register extract, in full scope. 12 Rights of the registrar Rights of the registrar in the event of misuse. The registrar strives to prevent and eliminate misuse and errors in the Biogas Register. Consequently the registrar is authorized to designate faulty or wrongfully issued register extracts as invalid and to communicate the same. The registrar is also authorized in any manner to initiate measures that eliminate misuse and errors in the system as quickly and as effectively as possible Rights of the registrar relative to electronic documents. The registrar reserves the right to remove from the register electronic documents that have been stored within the register by registered system users and auditors if they contain or are suspected of containing malware. Moreover, the registrar reserves the right to restrict the size of electronic documents that can be stored in the register. 13 Transaction controls for users. The user can view all transactions that affect the user, at any time in his user account. These transactions, for example, include all in-bookings, transfers, and out-bookings of biogas quantities. The list of the user's executed transactions can be filtered, and thus provide detailed answers to various questions such as the scope of inbookings in the last quarter. 14 Checking Biogas Register extracts. To check for the existence of Biogas Register extracts or their current status, the German Biogas Register offers two procedures: On one hand, via the Biogas Register extract number, it can, in principle, be checked whether a corresponding Biogas Register extract with the specified statement number exists, and has been issued by the German Biogas Register. On the other hand, a Biogas Register extract present in the original output format (PDF) can be compared with the original document output by the German Biogas Register, based on the Biogas Register extract number. For this, the document to be checked is temporarily transferred to the Biogas Register and a binary comparison of the documents is executed. Page 20 of 22

21 These checks can be executed for users, as well as for recipients of Biogas Register extracts, as stipulated in the Biogas Register. Moreover, for recipients of Biogas Register extracts the possibility exists to apply for the right to review audit reports and expert assessments stored by auditing companies and registered auditors in the Biogas Register that serve as the basis for a Biogas Register extract, at the registrar's facilities. A general forwarding of the stored audit reports and expert assessments without submission of the aforementioned application to the registrar does not occur. Errors and irregularities must be reported to the registrar without delay. Information concerning the process flow of the presented checks is announced on the website of the Biogas Register at 15 Communication between the Biogas Register and the users. For notification of the users concerning transactions that are relevant for the users, automated messages will be sent by the German Biogas Register to the addresses stored in the register. The users, or the user's registered system users, must ensure that the addresses are always kept current. In addition to the main contact of a user, other contact persons for Billing Contract and basic Operative execution can be specified. These contact persons do not require personalized access to the German Biogas Register, as registered system users their naming is not linked with any additional special rights. The following also applies for these entries: The user is responsible for the topicality of the contact data that is stored. No automated messages will be sent to these system users. The user can contact the German Biogas Register via a telephone support hotline or also via to the registrar. Appropriate contact data and availability can be viewed on the website of the Biogas Register at Within the Biogas Register, users have the possibility of sending messages to the registrar; these messages must be confirmed with itans. The registrar contacts the user via or telephone. 16 Conditions of Use for The Marketing Logo of the German Biogas Register. dena is the owner of the "dena Biogas Register" logo and holds all rights to it. Users and audit companies receive a marketing logo of the German Biogas Register from dena that is made available under the conditions cited below: The logo must be used in the specified colors. Graphic changes or color changes are not permitted. For use of the logo in HTML documents, the logo must have a hyperlink to the Internet site of dena, Page 21 of 22

22 The users and audit companies are obligated to only use the marketing logo for marketing activities relative to the furnishing of verification that takes place or has taken place via the German Biogas Register. If the user or the audit company wants to make the logo available to one of its customers for marketing purposes, the user or the audit company must forward the use conditions of dena to the customer and ensure via a contractual agreement that the customer likewise uses the logo only for marketing activities in conjunction with biogas quantities for which verification takes place or has taken place via the Biogas Register. The issuing of additional sublicenses by the customer to his customers is only permitted if it has been ensured through an appropriate agreement between the customer and the other licensees that the logo will continue to be used exclusively for marketing activities in conjunction with bio natural gas quantities for which verification has taken place via the Biogas Register. This applies for each additional link in the license chain. On dena's request the user or the audit company must submit to dena the agreement with the customer concerning use of the marketing logo of the German Biogas Register. If there are violations of these conditions of use, the respective use right ends automatically; revocation on the part of dena is not required. The permission to use the logo can be revoked by dena at any time without specifying reasons. 17 Subject to change. As registrar, dena reserves the right to adapt these Page 22 of 22