Movement on the issue of national emissions trading (SESTA)

EU-ETS Emissions trading DEHSt NIMS free allocation

There is movement on the issue of national emissions trading. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) has published two draft ordinances for the implementation of the Fuel Emissions Trading Act (BEHG). These are the Reporting Ordinance 2022 (BeV 2022) and the Fuel Emissions Trading Ordinance (BEHV).

The BeV 2022 regulates emissions reporting for the period 2021 and 2022 only.

The BeV 2022 contains various concretizations and simplifications. For example, for the years 2021 and 2022, it is determined that.

  • no monitoring plan is to be submitted,
  • emissions are to be determined exclusively on the basis of standard emission factors and the energy tax declaration is used as the basis for determining quantities


  • emission reports do not have to be verified by an auditor.

It is also stipulated that the zero emission factor can be applied to the bioenergy share if certain evidence is available, and there are specific provisions to avoid double counting and double charging.

The SESTO currently contains provisions on the sale of emission allowances and on the national emissions trading registry and is – with the exception of the provisions of the BeV 2022 – intended as a uniform implementing ordinance for the implementation of the ordinance powers of the SESTA. The other regulatory powers will then be progressively supplemented by extensions to the implementing regulation. The requirements for emissions reporting for the years from 2023 onwards are also to be integrated into this implementing regulation in the future.

Comments are possible until 11 August 2020 as part of the participation of the Länder and associations.

Author: Holger Tabke

Karben, 22.07.2020

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