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The following document provides a clear overview of where imported biomethane can be recognized and used in Germany. A distinction is made between mass balance deliveries and the import of certificates according to the book&claim principle. For better comparability, the possible uses for biomethane fed into the grid in Germany are also compared. A detailed explanation of the individual legal requirements can be found in the second part of the document.
LOOK INTO THE FUTURE | Challenges in accounting for imported biomethane in various sectors
Domestic demand for biomethane exceeds current production capacities, meaning that more and more biomethane is being imported from other European countries.
However, there are legal uncertainties regarding the use of imported biomethane in all application sectors. On the one hand, double marketing via state verification databases cannot be ruled out with certainty due to a lack of legal requirements and, on the other hand, the offsetting of subsidized biomethane quantities against national targets has not been clearly clarified.
In order to establish liquid European trade in biomethane via the natural gas grid and to be able to offset it in the transport, electricity and heating sectors, the import of biomethane must be made more legally secure and regulations must be standardized. In addition to the existing certification and mass balancing requirements, corresponding declarations should be included in the verification documentation in future. These relate to the following key points:
official declaration from the country of origin on repayment of state production or feed-in tariffs received or official declaration that no production or feed-in tariffs have been paid out
official declaration on the exclusion of crediting of the biogenic (“green”) property in the country of production
Declaration of compliance with the ban on double marketing
The documentation of the aforementioned requirements can also be carried out via the established verification databases.
Regulatory framework for the recognition of imported biomethane
Legislative competence and monitoring of the respective sectors in Germany lies with various public institutions, which means that uniform regulation has not yet been achieved. Table 2 shows both the respective support systems and the current situation with regard to the use of imported biomethane. It should be noted that this problem is essentially analogous for the import of pipeline-based green hydrogen.
Situation
Legal basis of the reservation
Domestic reservation in the law
No recognition of imported biomethane
Section 44b no. EEG 2023:
“ ... insofar as the quantity of gas withdrawn in heat equivalent at the end of a calendar year corresponds to the quantity of biomethane that has been fed into the natural gas grid elsewhere in Germany ...”
Situation
Legal basis of the reservation
No domestic reservation in the law, but limitation to biomethane production within the EU based on the interpretation of European law by the main customs office (HZA)
No recognition of imported biomethane from third countries
Notice from the HZA in Frankfurt (Oder) on monitoring compliance with the GHG reduction pursuant to Section 37a (4) of the Federal Immission Control Act (BImSchG):
“The transport of gaseous biomethane via the (public) natural gas network from other EU Member States (feed-in in the excise territory of the European Union!) to Germany (feed-out/withdrawal from the natural gas network - also after accounting allocation - in Germany) is permissible according to the current legal situation/legal interpretation. [...] In implementation of the EU directives, the balance sheet allocation is limited to the excise tax territory of the European Union. Use as a fuel in Germany is an important prerequisite.”
Situation
Legal basis of the reservation
No domestic reservation in the law
Uncertainties regarding the recognition of imported biomethane
Section 22(1) no. 2d and Section 40(2) no. 2 of the Building Energy Act (GEG):
“ ... the amount of biomethane withdrawn in heat equivalent at the end of a calendar year must correspond to the amount of gas from biomass that has been injected into the gas grid elsewhere, and mass balance systems must have been used for the entire transportation and distribution of the biomethane from its production, through its injection into the natural gas grid and its transportation in the natural gas grid, to its withdrawal from the natural gas grid...”
