WORLD TRADE  
ORGANIZATION  G/TBT/N/DEU/8 
30 March 2009  
 (09-1552) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  GERMANY
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
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, Na ture 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. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. 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. 
5. 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). 
6. Description of content:  The increased use of biofuels will be phased in at a slower pace for 
the following reasons: 
• 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 possi ble to add 10% vol of ethanol to petrol 
because it cannot be used in engines of older cars. 
• The climate balance of second generation biof uels is much better than that of first 
generation biofuels, but unfort unately they are not available in sufficient quantities. 
 G/TBT/N/DEU/8 
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  Furthermore, the Federal Emission Contro l 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 ha ve 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 afte r 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 biof uels in the total volume of marketed fuel 
also to take into account greenhouse gas emissions arising during the production and consumption of biofuel.  
8. Relevant documents:  Bundes-Immissionsschutzgesetz in der Fassung der Bekanntmachung 
vom 26. September 2002 (BGBl. I S. 3830), zule tzt geändert 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), geändert durch Artikel 1 des 
Gesetzes vom 18. Dezember 2006 (BGBl. I S. 3180) 
(Energy Taxation Act of 15 July 2006 (Feder al 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. 
10. Final date for comments:  60 days after circulation by the WTO Secretariat  G/TBT/N/DEU/8 
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11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
Federal Ministry for the Environment, Na ture 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