Terms of Use

TERMS OF USE FOR THE ZEREZ (CENTRAL REGISTER FOR UNIT AND COMPONENT CERTIFICATES)

Preamble

The Electrotechnical Properties Verification Ordinance (NELEV) provides for the introduction of a register for unit and component certificates. Unit and component certificates serve as proof of compliance with the general minimum technical requirements within the meaning of § 19 EnWG. In accordance with Section 4 (1) NELEV, the ZEREZ is a database within the meaning of Section 49 (1) sentence 1 no. 9 EnWG and is operated as an electronic directory for both unit and component certificates. The Federal Ministry for Economic Affairs and Climate Protection has entrusted FGW e.V.- Fördergesellschaft Windenergie und andere Dezentrale Energien (FGW e. V.) in accordance with Section 49d (3) sentence 1 EnWG. FGW e.V. also serves as the operator of the register. To simplify spelling, the masculine form is used for all natural and legal persons, but all genders are included.

1. General Provisions

1.1 Validity of the terms of use

These terms of use apply to the use of ZEREZ of FGW e. V. by users, administrators and the register operator.

No user relationship under public law is established. The ZEREZ serves as an electronic register for unit and component certificates issued by certification bodies in accordance with Section 4 (1) sentence 1 NELEV.

Registered users must be of legal age and have unlimited legal capacity to use the register

1.2 Definitions

For the purposes of these Terms of Use

  1. „Service provider“ means any legal entity commissioned by a user obliged to use the register,
  2. „Recipient of information from the ZEREZ register“ means any natural or legal person who receives information from the ZEREZ register, regardless of whether they are registered in the ZEREZ or not,
  3. „Manufacturer“ means any creator of units or components for production plants as referred to in § 2 NELEV,
  4. „Network operator“ means any operator of a network for the general supply of electricity, irrespective of the voltage level,
  5. „User“ means any legal or natural person using the ZEREZ, including those without registration or account,
  6. „Planner“ any project developer for projects with power production plants,
  7. The „Register“ is ZEREZ,
  8. The „register operator“ is FGW e. V., which has been entrusted by the Federal Ministry for Economic Affairs and Climate Protection with the administration and operation of ZEREZ,
  9. „Registered User“ means any legal or natural person registered for the use of ZEREZ,
  10. „ZEREZ“ is the Central Register for Unit and Component Certificates,
  11. „ZEREZ-ID“ is a register number that is assigned by the register operator when a certificate is registered,
  12. „Certificate“ means a unit certificate or component certificate as referred to in § 4 NELEV,
  13. „Certificate holder“ means the manufacturer of the respective unit of a production plant or a component who has had a corresponding certificate issued by a certification body,
  14. „Certification body“ means a company that has been accredited by a national accreditation body as referred to in Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30), as amended.

2. Register Operation, Liability, Communication

2.1 Availability of the register

Access to the register is generally available to users 24 hours a day, seven days a week. The user has no legal claim to constant and uninterrupted accessibility of the register.

The register operator reserves the right to restrict the usage times, for example for maintenance and system updates. If ZEREZ is shut down as planned, registered users will be informed by e-mail 14 days in advance if possible. In the event of unforeseeable disruptions to the system, the registry operator shall, as far as reasonable and possible, inform users of the disruption in an appropriate manner.

2.2 Liability

The registry operator accepts no liability for damages caused by unforeseeable disruptions or force majeure. The registry operator excludes liability for slightly negligent breaches of duty, insofar as they do not relate to damages resulting from injury to life, limb or health. Furthermore, liability for the breach of obligations whose fulfilment is essential for the proper operation of the registry and on whose compliance the user may regularly rely remains unaffected.

2.3 Communication

Communication with the FGW e. V. regarding the ZEREZ outside the user account is generally achievable by e-mail.

3. Registration, Opening and Use of an Account

3.1 Registration, representation and authorisation

In order to become a registered user of the register and thus have their own user account, natural persons or legal entities can register an account on ZEREZ. A natural person acting on behalf of a legal entity shall provide proof of their power of representation for the registration and creation of the user account at the request of the register operator

  • by a power of attorney issued by the person authorised to represent the company,

and

  • by one or more documents from which the person issuing the power of attorney is authorised to represent the company; this may be, for example, a partnership agreement, an extract from the commercial register, an extract from the register of associations, an extract from the register of cooperatives, a foundation deed, articles of association or several such documents. Companies with a registered office abroad must prove their authorisation to represent a legal entity with comparable documents.

3.2 Commissioning of a service provider

Registration in the register and account opening may also be carried out by a service provider who represents the person wishing to register. The register operator may request proof of authorisation. Responsibility for the accuracy of the certificate lies with the certificate holder.

3.3 Identification

Registration in the register is possible for manufacturers of production plants, grid operators, certification bodies as well as planners, installers and operators of energy production plants. The register operator checks the registrations for plausibility and can request clear proof of identification.

3.3.1 Identification of natural persons

In the case of natural persons, proof of identification is provided in particular through the presentation of identity documents.

3.3.2 Identification of legal entities

When registering a legal entity (e.g. a company), the person representing the legal entity must provide their first name and surname, the telephone number of the legal entity to be registered, its name, sector (manufacturer, certification body, network operator or planner) and the registered office of the legal entity. Furthermore, consent must be given to these terms of use and to the data protection regulations in section 9 of these terms of use as well as to information on the processing of personal data. For a legal entity, one or more natural persons will be named in the user account who act on behalf of the legal entity. The acting natural person can be changed in the user account or additional persons can be added.

3.4 Authentication

The register operator reserves the right to confirm certain actions in connection with the use of the register using a standard procedure (e.g. mTAN procedure). If necessary, it will supplement the terms of use to this effect.

3.5 Use of the account

The registered user is obliged to keep his contact e-mail address up-to-date. The registered user must enter any changes to their contact email address in their user account without delay. The registered user is obliged to provide truthful and complete information and to ensure that their data is complete, up-to-date and correct at all times. The registered user may only use their account in accordance with applicable law and these terms of use.

The registered user is responsible for protecting their access data from misuse. If the registered user suspects that their access data has become accessible to an unauthorised third party, they must change their password immediately.

The registered user is obliged to enter the data required for the operation of the register in the respective forms himself or through an authorised representative and to send the requested documents to the register operator.

4. Unit Registration

Within the scope of the NELEV, manufacturers of units for production plants or certificate holders must transmit the unit certificates they have issued to the register operator. They may use a service provider or other representative for this purpose. If the operating software is updated or any other change is made to a unit that alters the electrotechnical properties of the unit verified as part of the unit certification, the certificate holder must submit a newly generated unit certificate immediately. All unit certificates are linked to a unique register number (ZEREZ-ID) by the ZEREZ.

5. Component Registration

Within the scope of the NELEV, manufacturers of components for production plants or certificate holders must transmit the component certificates they have issued to the register operator. They may use a service provider or other representative for this purpose. If the operating software is updated or any other change is made to a component that alters the electrotechnical properties of the component verified as part of the component certification, the certificate holder must submit a newly generated component certificate immediately. All component certificates are linked to a unique registration number (ZEREZ-ID) by the ZEREZ.

6. Correction of Incorrect Certificates

6.1 Correction of incorrect certificates by the certificate holder

The certificate holder is responsible for the accuracy of the content of his certificate. Editorial corrections can be made to the certificate itself by the certificate holder or an authorised representative (service provider). This includes obvious spelling mistakes and other corrections that do not result in a material change to the certificate. In the event of other errors, the certificate is invalid, it must be labelled as such and a new, error-free certificate must be issued.

6.2 Request for correction of incorrect certificates by the registry operator

If the registry operator has justified doubts as to whether the unit or component fulfils the requirements specified in the certificate, it shall request the manufacturer concerned to provide evidence without delay within a period of at least four weeks that the unit or component fulfils the requirements. The register operator may extend the deadline at the request of the manufacturer. If the manufacturer fails to provide evidence of compliance with the requirements within the set period or fails to take any other appropriate corrective action, in particular measures to remedy any deficiencies, the registration of the unit or component certificate concerned shall become invalid. The registry operator is authorised to mark the invalid certificate as invalid and to reset the ZEREZ-ID of the invalid certificate.

7. Technical Faults

Users must inform the register operator immediately in the event of technical faults in the register.

8. Announcement of the Terms of Use

These Terms of Use shall become effective upon publication. They are published on the ZEREZ website and thus publicised. Registered users will be notified of planned changes in advance.

9. Data Protection

Information on the processing of personal data when using the ZEREZ website as well as when registering for a user account and the subsequent use of such a user account can be found in the FGW privacy policy for the ZEREZ website.

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