What changed, Directive (EU) 2015/1513

+ ### Article 1 — Amendments to Directive 98/70/EC
− ### art_1
− 
− Article 1
+ (1) In Article 2, the following points are added: ‘10. “renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport; 11. “starch-r…
− | (1) | In Article 2, the following points are added:‘10.“renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport;11.“starch-r…
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− | ‘10. | “renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport; |
− | 11. | “starch-rich crops” means crops comprising mainly cereals (regardless of whether only the grains are used or the whole plant, such as in the case of green maize, is used), tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams), and corm crops (such a…
− | 12. | “low indirect land-use change-risk biofuels” means biofuels, the feedstocks of which were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and which were produced in accordance with the sustainability criteria for biofuels set ou…
− | 13. | “processing residue” means a substance that is not the end product(s) that a production process directly seeks to produce; it is not a primary aim of the production process and the process has not been deliberately modified to produce it; |
− | 14. | “agricultural, aquaculture, fisheries and forestry residues” means residues that are directly generated by agriculture, aquaculture, fisheries and forestry; they do not include residues from related industries or processing.’. |
+ (2) Article 7a is amended as follows: (a) in paragraph 1, the following subparagraph is inserted after the first subparagraph: ‘In the case of suppliers of biofuels for use in aviation, Member States may permit such suppliers to choose to become contributors to the reduction obligation laid down in …
− | (2) | Article 7a is amended as follows:(a)in paragraph 1, the following subparagraph is inserted after the first subparagraph:‘In the case of suppliers of biofuels for use in aviation, Member States may permit such suppliers to choose to become contributors to the reduction obligation laid down in…
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− | (a) | in paragraph 1, the following subparagraph is inserted after the first subparagraph:‘In the case of suppliers of biofuels for use in aviation, Member States may permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 of this Article provide…
− | (b) | in paragraph 2, the following subparagraph is added:‘Member States may provide that the maximum contribution of biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land for the purpos…
− | (c) | paragraph 5 is replaced by the following:‘5. The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3) to set out detailed rules for the uniform implementation, by Member States, of paragraph 4 of this Article.’; |
− | (d) | the following paragraphs are added:‘6. The Commission shall be empowered to adopt no later than 31 December 2017 delegated acts in order to establish greenhouse gas emission default values, where such values have not already been established prior to 5 October 2015, as regards:(a)renewable l…
− | (a) | renewable liquid and gaseous transport fuels of non-biological origin; |
− | (b) | carbon capture and utilisation for transport purposes. |
+ (3) Article 7b is amended as follows: (a) paragraph 2 is replaced by the following: **‘2.** The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation afte…
− | (3) | Article 7b is amended as follows:(a)paragraph 2 is replaced by the following:‘2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 5…
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− | (a) | paragraph 2 is replaced by the following:‘2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 5 October 2015. An installation shall…
− | (b) | in paragraph 3, the second subparagraph is deleted. |
+ (4) Article 7c is amended as follows: (a) in paragraph 3, the third subparagraph is replaced by the following: ‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3), to establish the list of appropriate and relevant information referr…
− | (4) | Article 7c is amended as follows:(a)in paragraph 3, the third subparagraph is replaced by the following:‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3), to establish the list of appropriate and relevant information refer…
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− | (a) | in paragraph 3, the third subparagraph is replaced by the following:‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3), to establish the list of appropriate and relevant information referred to in the first two subparagraph…
− | (b) | in paragraph 5, the following subparagraphs are added:‘The voluntary schemes referred to in paragraph 4 (“the voluntary schemes”) shall regularly, and at least once per year, publish a list of their certification bodies used for independent auditing, indicating for each certification body by…
− | (c) | paragraph 6 is replaced by the following:‘6. Decisions under paragraph 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 11(3). Such decisions shall be valid for a period of no more than five years.The Commission shall require that each vo…
− |  | in general:(a)the independence, modality and frequency of audits, both in relation to what is stated on those aspects in the scheme documentation, at the time the scheme concerned was approved by the Commission, and in relation to industry best practice;(b)the availability of, and experience an…
− | (a) | the independence, modality and frequency of audits, both in relation to what is stated on those aspects in the scheme documentation, at the time the scheme concerned was approved by the Commission, and in relation to industry best practice; |
− | (b) | the availability of, and experience and transparency in the application of, methods for identifying and dealing with non-compliance, with particular regard to dealing with situations or allegations of serious wrongdoing on the part of members of the scheme; |
− | (c) | transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the applicable languages of the countries and regions from which raw materials originate, the accessibility of a list of certified operators and relevant certificates, and the acces…
− | (d) | stakeholder involvement, particularly as regards the consultation of indigenous and local communities prior to decision making during the drafting and reviewing of the scheme as well as during audits and the response given to their contributions; |
− | (e) | the overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; |
− | (f) | market updates of the scheme, the amount of feedstocks and biofuels certified, by country of origin and type, the number of participants; |
− | (g) | the ease and effectiveness of implementing a system that tracks the proofs of conformity with the sustainability criteria that the scheme gives to its member(s), such a system intended to serve as a means of preventing fraudulent activity with a view, in particular, to the detection, treatme…
− |  | and in particular:(h)options for entities to be authorised to recognise and monitor certification bodies;(i)criteria for the recognition or accreditation of certification bodies;(j)rules on how the monitoring of the certification bodies is to be conducted;(k)ways to facilitate or improve the pr…
− | (h) | options for entities to be authorised to recognise and monitor certification bodies; |
− | (i) | criteria for the recognition or accreditation of certification bodies; |
− | (j) | rules on how the monitoring of the certification bodies is to be conducted; |
− | (k) | ways to facilitate or improve the promotion of best practice. |
− | (d) | paragraph 8 is replaced by the following:‘8. At the request of a Member State or on its own initiative, the Commission shall examine the application of Article 7b in relation to a source of biofuel and, within six months of receipt of a request decide, in accordance with the examination proc…
+ (5) Article 7d is amended as follows: (a) paragraphs 3, 4 and 5 are replaced by the following: **‘3.** The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories …
− | (5) | Article 7d is amended as follows:(a)paragraphs 3, 4 and 5 are replaced by the following:‘3. The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories out…
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− | (a) | paragraphs 3, 4 and 5 are replaced by the following:‘3. The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories outside the Union, in reports equivalen…
− | (b) | paragraph 6 is deleted; |
− | (c) | in paragraph 7, the first, second and third subparagraphs are replaced by the following:‘7. The Commission shall keep Annex IV under review, with a view, where justified, to the addition of values for further biofuel production pathways for the same or for other raw materials. That review sh…
− | — | the method of accounting for wastes and residues; |
− | — | the method of accounting for co-products; |
− | — | the method of accounting for cogeneration; and |
− | — | the status given to agricultural crop residues as co-products. |
− | (d) | paragraph 8 is replaced by the following:‘8. Where necessary in order to ensure the uniform application of point 9 of Part C of Annex IV, the Commission may adopt implementing acts setting out detailed technical specifications and definitions. Those implementing acts shall be adopted in acco…
+ (6) In Article 7e, paragraph 2 is replaced by the following: **‘2.** The reports by the Commission to the European Parliament and to the Council referred to in Article 7b(7), Article 7c(2), Article 7c(9) and Article 7d(4) and (5), as well as the reports and information submitted pursuant to the firs…
− | (6) | In Article 7e, paragraph 2 is replaced by the following:‘2. The reports by the Commission to the European Parliament and to the Council referred to in Article 7b(7), Article 7c(2), Article 7c(9) and Article 7d(4) and (5), as well as the reports and information submitted pursuant to the first…
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+ (7) Article 8 is amended as follows: (a) paragraph 1 is replaced by the following: **‘1.** Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in Annexes I and II respectively.’; (…
− | (7) | Article 8 is amended as follows:(a)paragraph 1 is replaced by the following:‘1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in Annexes I and II respectively.’;(b)pa…
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− | (a) | paragraph 1 is replaced by the following:‘1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in Annexes I and II respectively.’; |
− | (b) | paragraph 3 is replaced by the following:‘3. Each year by 31 August, the Member States shall submit a report on national fuel quality data for the preceding calendar year. The Commission shall establish a common format for the submission of a summary of national fuel quality data by means of…
+ (8) In Article 8a, paragraph 3 is replaced by the following: **‘3.** In light of the assessment carried out using the test methodology referred to in paragraph 1, the European Parliament and the Council may revise the limit for the MMT content of fuel specified in paragraph 2, on the basis of a legi…
− | (8) | In Article 8a, paragraph 3 is replaced by the following:‘3. In light of the assessment carried out using the test methodology referred to in paragraph 1, the European Parliament and the Council may revise the limit for the MMT content of fuel specified in paragraph 2, on the basis of a legis…
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+ (9) In Article 9(1), the following point is added: ‘(k) the production pathways, volumes and the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions and the associated range derived from the sensitivity ana…
− | (9) | In Article 9(1), the following point is added:‘(k)the production pathways, volumes and the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions and the associated range derived from the sensitivity a…
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− | ‘(k) | the production pathways, volumes and the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions and the associated range derived from the sensitivity analysis as set out in Annex V, of the biofuels co…
+ (10) Article 10 is amended as follows: (a) the title is replaced by the following: ‘Procedure for adaptation of permitted analytical methods and permitted vapour pressure waivers’; (b) paragraph 1 is replaced by the following: **‘1.** The Commission shall be empowered to adopt delegated acts pursuan…
− | (10) | Article 10 is amended as follows:(a)the title is replaced by the following:‘Procedure for adaptation of permitted analytical methods and permitted vapour pressure waivers’;(b)paragraph 1 is replaced by the following:‘1. The Commission shall be empowered to adopt delegated acts pursuant to A…
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− | (a) | the title is replaced by the following:‘Procedure for adaptation of permitted analytical methods and permitted vapour pressure waivers’; |
− | (b) | paragraph 1 is replaced by the following:‘1. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a to the extent necessary to adapt the permitted analytical methods in order to ensure consistency with any revision of the European standards referred to in Annex I o…
+ (11) The following Article is inserted: ‘Article 10a Exercise of the delegation **1.** The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. **2.** The power to adopt delegated acts referred to in Articles 7a(6), 7d(7) and 10(1) shall b…
− | (11) | The following Article is inserted:‘Article 10aExercise of the delegation1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2. The power to adopt delegated acts referred to in Articles 7a(6), 7d(7) and 10(1) shall be confer…
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+ (12) Article 11 is replaced by the following: ‘Article 11 Committee procedure **1.** Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Fuel Quality. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the Europea…
− | (12) | Article 11 is replaced by the following:‘Article 11Committee procedure1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Fuel Quality. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European P…
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+ (13) Annex IV is amended and Annex V is added in accordance with Annex I to this Directive.
− | (13) | Annex IV is amended and Annex V is added in accordance with Annex I to this Directive. |
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+ ### Article 3 — Review
− ### art_2
+ **1.** The Commission shall at the latest by 31 December 2016, submit a report to the European Parliament and to the Council including an assessment of the availability of the necessary quantities of cost-efficient biofuels on the Union market from non-land using feedstocks and non-food crops by 202…
− Article 2
+ **2.** The Commission shall, by 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence:(a) the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse …
− Directive 2009/28/EC is amended as follows:
+ The report shall, if appropriate, also provide information on availability of financing and other measures to support progress towards achieving the share of 0,5 percentage points in energy content of biofuels produced from feedstocks and of other fuels listed in part A of Annex IX, in the share of …
− | (1) | In Article 2, the following points are added to the second paragraph:‘(p)“waste” shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council(*2); substances that have been intentionally modified or contaminated to meet that definition are not cov…
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− | ‘(p) | “waste” shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council(*2); substances that have been intentionally modified or contaminated to meet that definition are not covered by this definition; |
− | (q) | “starch-rich crops” means crops comprising mainly cereals (regardless of whether only the grains are used, or the whole plant, such as in the case of green maize, is used), tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams), and corm crops (such …
− | (r) | “ligno-cellulosic material” means material composed of lignin, cellulose and hemicellulose such as biomass sourced from forests, woody energy crops and forest-based industries' residues and wastes; |
− | (s) | “non-food cellulosic material” means feedstocks mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material; it includes food and feed crop residues (such as straw, stover, husks and shells), grassy energy crops with a low starch content (…
− | (t) | “processing residue” means a substance that is not the end product(s) that a production process directly seeks to produce; it is not a primary aim of the production process and the process has not been deliberately modified to produce it; |
− | (u) | “renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport; |
− | (v) | “agricultural, aquaculture, fisheries and forestry residues” means residues that are directly generated by agriculture, aquaculture, fisheries and forestry; they do not include residues from related industries or processing; |
− | (w) | “low indirect land-use change-risk biofuels and bioliquids” means biofuels and bioliquids, the feedstocks of which were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids and which were produced in accordance with th…
+ The report referred to in the first subparagraph shall, if appropriate, be accompanied by legislative proposals, based on the best available scientific evidence, for:
− | (2) | Article 3 is amended as follows:(a)in paragraph 1, the following subparagraph is added:‘For the purpose of compliance with the targets referred to in the first subparagraph of this paragraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch-ri…
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− | (a) | in paragraph 1, the following subparagraph is added:‘For the purpose of compliance with the targets referred to in the first subparagraph of this paragraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch-rich crops, sugars and oil crops and …
− | (b) | in paragraph 4, the second subparagraph is amended as follows:(i)point (a) is replaced by the following:‘(a)for the calculation of the denominator, that is the total amount of energy consumed in transport for the purposes of the first subparagraph, only petrol, diesel, biofuels consumed in r…
− | (i) | point (a) is replaced by the following:‘(a)for the calculation of the denominator, that is the total amount of energy consumed in transport for the purposes of the first subparagraph, only petrol, diesel, biofuels consumed in road and rail transport, and electricity, including electricity us…
− | ‘(a) | for the calculation of the denominator, that is the total amount of energy consumed in transport for the purposes of the first subparagraph, only petrol, diesel, biofuels consumed in road and rail transport, and electricity, including electricity used for the production of renewable liquid …
− | (ii) | in point (b), the following sentence is added: ‘This point shall be without prejudice to point (d) of this paragraph and Article 17(1)(a);’ |
− | (iii) | point (c) is replaced by the following:‘(c)for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles and for the production of renewable liquid and gaseous transport fuels of non-biological origin for the purpose…
− | ‘(c) | for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles and for the production of renewable liquid and gaseous transport fuels of non-biological origin for the purpose of points (a) and (b), Member States may ch…
− | (iv) | the following points are added:‘(d)for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land shall be no mor…
− | ‘(d) | for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land shall be no more than 7 % of the final consumption…
− | (i) | verification of compliance with the sustainability criteria set out in Article 17(2) to (5) was carried out in accordance with Article 18; and |
− | (ii) | those crops were grown on land that falls under point 8 of part C of Annex V and the corresponding bonus “eB” set out in point 7 of part C of Annex V was included in the calculation of greenhouse gas emissions, for the purposes of showing compliance with Article 17(2). |
− | (e) | each Member State shall seek to achieve the objective of there being a minimum level of consumption on their territory of biofuels produced from feedstocks and of other fuels, listed in part A of Annex IX. To that effect, by 6 April 2017, each Member State shall set a national target, which …
− | (i) | objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and of other fuels, listed in part A of Annex IX, or the limited availability of such biofuels at cost-efficient prices on the market; |
− | (ii) | the specific technical or climatic characteristics of the national market for transport fuels, such as the composition and condition of the road vehicle fleet; or |
− | (iii) | national policies allocating commensurate financial resources to incentivising energy efficiency and the use of electricity from renewable energy sources in transport. |
− | — | the national targets of the Member States, |
− | — | where available, the Member States' plans for achieving the national targets, |
− | — | where applicable, the grounds for differentiation of the national targets of the Member States as compared to the reference value, notified in accordance with Article 4(2) of Directive (EU) 2015/1513; and |
− | — | a synthesis report on Member States' achievements towards their national targets; |
− | (f) | biofuels produced from feedstocks listed in Annex IX shall be considered to be twice their energy content for the purpose of complying with the target set out in the first subparagraph. |
− | (c) | in paragraph 4, the third subparagraph is replaced by the following:‘By 31 December 2017, the Commission shall present, if appropriate, a proposal permitting, subject to certain conditions, the whole amount of the electricity originating from renewable sources used to power all types of elec…
− | (d) | the following paragraph is added:‘5. With a view to minimising the risk of single consignments being claimed more than once in the Union, Member States and the Commission shall endeavour to strengthen cooperation among national systems and between national systems and voluntary schemes estab…
+ (a) introducing adjusted estimated indirect land-use change emissions factors into the appropriate sustainability criteria set out in Directives 98/70/EC and 2009/28/EC;
− | (3) | In Article 5, paragraph 5 is replaced by the following:‘5. The Commission shall be empowered to adopt delegated acts in accordance with Article 25a concerning the adaptation of the energy content of transport fuels, as set out in Annex III, to scientific and technical progress.’. |
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+ (b) introducing further measures taken to prevent and fight fraud, including additional measures to be taken at Union level;
− | (4) | In Article 6, paragraphs 1 and 2 are replaced by the following:‘1. Member States may agree on and may make arrangements for the statistical transfer of a specified amount of energy from renewable sources from one Member State to another Member State. The transferred quantity shall be:(a)dedu…
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− | (a) | deducted from the amount of energy from renewable sources that is taken into account in measuring compliance by the Member State making the transfer with the requirements of Article 3(1), (2) and (4); and |
− | (b) | added to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State accepting the transfer with the requirements of Article 3(1), (2) and (4). |
+ (c) promoting sustainable biofuels after 2020 in a technology-neutral manner, in the context of the 2030 framework for climate and energy policies.
− | (5) | Article 17 is amended as follows:(a)paragraph 2 is replaced by the following:‘2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installati…
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− | (a) | paragraph 2 is replaced by the following:‘2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 5 Octob…
− | (b) | in paragraph 3, the second subparagraph is deleted. |
+ **3.** The Commission shall, if appropriate in light of the reports by the voluntary schemes in accordance with the second subparagraph of Article 7c(6) of Directive 98/70/EC and the second subparagraph of Article 18(6) of Directive 2009/28/EC, submit a proposal to the European Parliament and to the…
− | (6) | Article 18 is amended as follows:(a)in paragraph 3, the third subparagraph is replaced by the following:‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 25(3), to establish the list of appropriate and relevant information refer…
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− | (a) | in paragraph 3, the third subparagraph is replaced by the following:‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 25(3), to establish the list of appropriate and relevant information referred to in the first two subparagraph…
− | (b) | in paragraph 4, the second subparagraph is replaced by the following:‘The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2), and/or demonstrate that consignme…
− | (c) | in paragraph 5, the following subparagraphs are added:‘The voluntary schemes referred to in paragraph 4 (“the voluntary schemes”) shall regularly, and at least once per year, publish a list of their certification bodies used for independent auditing, indicating for each certification body by…
− | (d) | paragraph 6 is replaced by the following:‘6. Decisions under paragraph 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 25(3). Such decisions shall be valid for a period of no more than five years.The Commission shall require that each vo…
− |  | in general:(a)the independence, modality and frequency of audits, both in relation to what is stated on those aspects in the scheme documentation, at the time the scheme concerned was approved by the Commission, and in relation to industry best practice;(b)the availability of, and experience an…
− | (a) | the independence, modality and frequency of audits, both in relation to what is stated on those aspects in the scheme documentation, at the time the scheme concerned was approved by the Commission, and in relation to industry best practice; |
− | (b) | the availability of, and experience and transparency in the application of, methods for identifying and dealing with non-compliance, with particular regard to dealing with situations or allegations of serious wrongdoing on the part of members of the scheme; |
− | (c) | transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the applicable languages of the countries and regions from which raw materials originate, the accessibility of a list of certified operators and relevant certificates, and the acces…
− | (d) | stakeholder involvement, particularly as regards the consultation of indigenous and local communities prior to decision making during the drafting and reviewing of the scheme as well as during audits and the response to their contributions; |
− | (e) | the overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; |
− | (f) | market updates of the scheme, the amount of feedstocks and biofuels certified, by country of origin and type, the number of participants; |
− | (g) | the ease and effectiveness of implementing a system that tracks the proofs of conformity with the sustainability criteria that the scheme gives to its member(s), such a system intended to serve as a means of preventing fraudulent activity with a view, in particular, to the detection, treatme…
− |  | and in particular:(h)options for entities to be authorised to recognise and monitor certification bodies;(i)criteria for the recognition or accreditation of certification bodies;(j)rules on how the monitoring of the certification bodies is to be conducted;(k)ways to facilitate or improve the pr…
− | (h) | options for entities to be authorised to recognise and monitor certification bodies; |
− | (i) | criteria for the recognition or accreditation of certification bodies; |
− | (j) | rules on how the monitoring of the certification bodies is to be conducted; |
− | (k) | ways to facilitate or improve the promotion of best practice. |
− | (e) | paragraph 8 is replaced by the following:‘8. At the request of a Member State or on its own initiative, the Commission shall examine the application of Article 17 in relation to a source of biofuel and, within six months of receipt of a request decide, in accordance with the examination proc…
+ ### Article 4 — Transposition
− | (7) | Article 19 is amended as follows:(a)paragraphs 3, 4 and 5 are replaced by the following:‘3. The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories out…
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− | (a) | paragraphs 3, 4 and 5 are replaced by the following:‘3. The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories outside the Union, in reports equivalen…
− | (b) | paragraph 6 is deleted; |
− | (c) | in paragraph 7, the first, second and third subparagraphs are replaced by the following:‘7. The Commission shall keep Annex V under review, with a view, where justified, to the addition of values for further biofuel production pathways for the same or for other raw materials. That review sha…
− | — | the method of accounting for wastes and residues; |
− | — | the method of accounting for co-products; |
− | — | the method of accounting for cogeneration; and |
− | — | the status given to agricultural crop residues as co-products. |
− | (d) | paragraph 8 is replaced by the following:‘8. Where necessary in order to ensure the uniform application of point 9 of Part C of Annex V, the Commission may adopt implementing acts setting out detailed technical specifications and definitions. Those implementing acts shall be adopted in accor…
+ **1.** Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 September 2017. They shall immediately inform the Commission thereof.
− | (8) | Article 21 is deleted. |
− | --- | --- |
+ When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
− | (9) | In Article 22(1), the second subparagraph is amended as follows:(a)point (i) is replaced by the following:‘(i)the development and share of biofuels made from feedstocks listed in Annex IX including a resource assessment focusing on the sustainability aspects relating to the effect of the rep…
− | --- | --- |
− | (a) | point (i) is replaced by the following:‘(i)the development and share of biofuels made from feedstocks listed in Annex IX including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production, taking d…
− | ‘(i) | the development and share of biofuels made from feedstocks listed in Annex IX including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production, taking due account of the principles of the waste …
− | (b) | the following point is added:‘(o)the amounts of biofuels and bioliquids in energy units corresponding to each category of feedstock group listed in part A of Annex VIII taken into account by that Member State for the purpose of complying with the targets set out in Article 3(1) and (2), and …
− | ‘(o) | the amounts of biofuels and bioliquids in energy units corresponding to each category of feedstock group listed in part A of Annex VIII taken into account by that Member State for the purpose of complying with the targets set out in Article 3(1) and (2), and in the first subparagraph of Art…
+ **2.** Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. On that occasion, Member States shall inform the Commission of their national targets set in accordance with point (e) of Article 3(4) of Di…
− | (10) | Article 23 is amended as follows:(a)the last sentence in paragraph 1 is deleted;(b)paragraph 4 is replaced by the following:‘4. In reporting on greenhouse gas emission savings from the use of biofuels and bioliquids, the Commission shall use the amounts reported by Member States in accordan…
− | --- | --- |
− | (a) | the last sentence in paragraph 1 is deleted; |
− | (b) | paragraph 4 is replaced by the following:‘4. In reporting on greenhouse gas emission savings from the use of biofuels and bioliquids, the Commission shall use the amounts reported by Member States in accordance with point (o) of Article 22(1), including the provisional mean values of the est…
− | (c) | in paragraph 5, points (e) and (f) are replaced by the following:‘(e)the availability and sustainability of biofuels made from feedstocks listed in Annex IX, including an assessment of the effect of the replacement of food and feed products for biofuel production, taking due account of the p…
− | ‘(e) | the availability and sustainability of biofuels made from feedstocks listed in Annex IX, including an assessment of the effect of the replacement of food and feed products for biofuel production, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC…
− | (f) | information on, and analysis of, the available scientific research results regarding indirect land-use change in relation to all production pathways, accompanied by an assessment of whether the range of uncertainty identified in the analysis underlying the estimations of indirect land-use ch…
− | (g) | technological developments and availability of data on the use, economic and environmental impacts of biofuels and bioliquids produced in the Union from dedicated non-food crops grown primarily for energy purposes.’; |
− | (d) | in paragraph 8, point (b) of the first subparagraph is replaced by the following:‘(b)with respect to the targets referred to in Article 3(4), a review of:(i)the cost-efficiency of the measures to be implemented to achieve the targets;(ii)an assessment of the feasibility of reaching the targe…
− | ‘(b) | with respect to the targets referred to in Article 3(4), a review of:(i)the cost-efficiency of the measures to be implemented to achieve the targets;(ii)an assessment of the feasibility of reaching the targets whilst ensuring the sustainability of biofuels production in the Union and in thi…
− | (i) | the cost-efficiency of the measures to be implemented to achieve the targets; |
− | (ii) | an assessment of the feasibility of reaching the targets whilst ensuring the sustainability of biofuels production in the Union and in third countries, and considering economic, environmental and social impacts, including indirect effects and impacts on biodiversity, as well as the commerci…
− | (iii) | the impact of the implementation of the targets on the availability of foodstuffs at affordable prices; |
− | (iv) | the commercial availability of electric, hybrid and hydrogen-powered vehicles, as well as the methodology chosen to calculate the share of energy from renewable sources consumed in the transport sector; |
− | (v) | the evaluation of specific market conditions, considering, in particular, markets in which transport fuels represent more than half of the final energy consumption, and markets which are fully dependent on imported biofuels;’. |
+ In 2020, Member States shall report to the Commission on their respective achievements towards their national targets set in accordance with point (e) of Article 3(4) of Directive 2009/28/EC, specifying the reasons for any shortfall.
− | (11) | Article 25 is replaced by the following:‘Article 25Committee procedure1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Renewable Energy Sources. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of th…
− | --- | --- |
+ ### Article 5 — Entry into force
− | (12) | The following Article is inserted:‘Article 25aExercise of the delegation1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2. The power to adopt delegated acts referred to in Articles 3(5), 5(5) and 19(7) shall be conferre…
− | --- | --- |
+ This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− | (13) | Annex V is amended and Annexes VIII and IX are added in accordance with Annex II to this Directive. |
− | --- | --- |
+ ### Article 6 — Addressees
− ### art_3
+ This Directive is addressed to the Member States.
− Article 3
+ ### ANNEX I
− 1. The Commission shall at the latest by 31 December 2016, submit a report to the European Parliament and to the Council including an assessment of the availability of the necessary quantities of cost-efficient biofuels on the Union market from non-land using feedstocks and non-food crops by 2020 an…
+ The Annexes to Directive 98/70/EC are amended as follows:
− 2. The Commission shall, by 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence:
+ (1) Point 7 of Part C of Annex IV, is replaced by the following: ‘7. Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of those emissions, the following rule shall be applied: *el =…
+ | --- | --- | --- | | CSR | = | the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained…
+ | --- | --- | --- | | CSA | = | the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the es…
+ | --- | --- | --- | | P | = | the productivity of the crop (measured as biofuel energy per unit area per year) and |
+ | --- | --- | --- | | eB | = | bonus of 29 gCO2eq/MJ biofuel if biomass is obtained from restored degraded land under the conditions provided for in point 8. |
+ | --- | --- | --- |
− | (a) | the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuels and bioliquids. In this respect, the report shall also include the latest available information with regard to the key assum…
− | --- | --- |
+ (2) The following Annex is added: ‘ANNEX V Part A. Provisional estimated indirect land-use change emissions from biofuels (gCO2eq/MJ) (1) | Feedstock group | Mean (*1) | Interpercentile range derived from the sensitivity analysis (*2) |
+ | --- | --- | --- |
+ | Cereals and other starch-rich crops | 12 | 8 to 16 |
+ | Sugars | 13 | 4 to 17 |
+ | Oil crops | 55 | 33 to 66 |
+ | (*1)The mean values included here represent a weighted average of the individually modelled feedstock values.(*2)The range included here reflects 90 % of the results using the fifth and ninety-fifth percentile values resulting from the analysis. The fifth percentile suggests a value below which 5 …
− | (b) | the effectiveness of the incentives provided for biofuels from non-land-using feedstocks and non-food crops under Article 3(4) of Directive 2009/28/EC including whether the Union as a whole is expected to use 0,5 percentage points in energy content of the share of energy from renewable sourc…
− | --- | --- |
+ ### ANNEX II
− | (c) | the impact of increased demand for biomass on biomass-using sectors; |
− | --- | --- |
+ The Annexes to Directive 2009/28/EC are amended as follows:
− | (d) | the possibility of setting out criteria for the identification and certification of low indirect land-use change-risk biofuels and bioliquids that are produced in accordance with the sustainability criteria set out in Directives 98/70/EC and 2009/28/EC, with a view to updating Annex V to Dir…
− | --- | --- |
+ (1) Point 7 of part C of Annex V, is replaced by the following: ‘7. Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of those emissions, the following rule shall be applied: el = (…
+ | --- | --- | --- | | CSR | = | the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained…
+ | --- | --- | --- | | CSA | = | the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the es…
+ | --- | --- | --- | | P | = | the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year) and |
+ | --- | --- | --- | | eB | = | bonus of 29 gCO2eq/MJ biofuel or bioliquid if biomass is obtained from restored degraded land under the conditions provided for in point 8. |
+ | --- | --- | --- |
− | (e) | the potential economic and environmental benefits and risks of increased production and use of dedicated non-food crops grown primarily for energy purposes, also by using data related to existing projects; |
− | --- | --- |
+ (2) The following Annex is added: ‘ANNEX VIII Part A. Provisional estimated indirect land-use change emissions from biofuel and bioliquid feedstocks (gCO2eq/MJ) (3) | Feedstock group | Mean (*1) | Interpercentile range derived from the sensitivity analysis (*2) |
+ | --- | --- | --- |
+ | Cereals and other starch-rich crops | 12 | 8 to 16 |
+ | Sugars | 13 | 4 to 17 |
+ | Oil crops | 55 | 33 to 66 |
+ | (*1)The mean values included here represent a weighted average of the individually modelled feedstock values.(*2)The range included here reflects 90 % of the results using the fifth and ninety-fifth percentile values resulting from the analysis. The fifth percentile suggests a value below which 5 …
− | (f) | the relative share of bioethanol and biodiesel on the Union market and the share of energy from renewable sources in petrol. The Commission shall also assess the drivers that affect the share of energy from renewable sources in petrol, as well as any barriers to deployment. The assessment sh…
− | --- | --- |
+ (3) The following Annex is added: ‘ANNEX IX Part A. Feedstocks and fuels, the contribution of which towards the target referred to in the first subparagraph of Article 3(4) shall be considered to be twice their energy content: (a) Algae if cultivated on land in ponds or photobioreactors. (b) Biomass…
− | (g) | determining which Member States have chosen to apply the limit on the amount of biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land towards achieving the target set out in Articl…
− | --- | --- |
+ (*1) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’.
− The report shall, if appropriate, also provide information on availability of financing and other measures to support progress towards achieving the share of 0,5 percentage points in energy content of biofuels produced from feedstocks and of other fuels listed in part A of Annex IX, in the share of …
+ (*2) The quotient obtained by dividing the molecular weight of CO2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal to 3,664.
− The report referred to in the first subparagraph shall, if appropriate, be accompanied by legislative proposals, based on the best available scientific evidence, for:
+ (*3) Cropland as defined by IPCC.
− | (a) | introducing adjusted estimated indirect land-use change emissions factors into the appropriate sustainability criteria set out in Directives 98/70/EC and 2009/28/EC; |
− | --- | --- |
+ (*4) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’.
− | (b) | introducing further measures taken to prevent and fight fraud, including additional measures to be taken at Union level; |
− | --- | --- |
+ (1)
− | (c) | promoting sustainable biofuels after 2020 in a technology-neutral manner, in the context of the 2030 framework for climate and energy policies. |
− | --- | --- |
+ (+) **The mean values reported here represent a weighted average of the individually modelled feedstock values. The magnitude of the values in the Annex is sensitive to the range of assumptions (such as treatment of co-products, yield developments, carbon stocks and displacement of other commodities…
− 3. The Commission shall, if appropriate in light of the reports by the voluntary schemes in accordance with the second subparagraph of Article 7c(6) of Directive 98/70/EC and the second subparagraph of Article 18(6) of Directive 2009/28/EC, submit a proposal to the European Parliament and to the Cou…
+ (2)
− ### art_4
+ (++) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’.
− Article 4
+ (*5) The quotient obtained by dividing the molecular weight of CO2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal to 3,664.
− 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 September 2017. They shall immediately inform the Commission thereof.
− 
− When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
+ (*6) Cropland as defined by IPCC.
− 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. On that occasion, Member States shall inform the Commission of their national targets set in accordance with point (e) of Article 3(4) of Direct…
+ (*7) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’.
− In 2020, Member States shall report to the Commission on their respective achievements towards their national targets set in accordance with point (e) of Article 3(4) of Directive 2009/28/EC, specifying the reasons for any shortfall.
+ (3)
− ### art_5
+ (+) **The mean values reported here represent a weighted average of the individually modelled feedstock values. The magnitude of the values in the Annex is sensitive to the range of assumptions (such as treatment of co-products, yield developments, carbon stocks and displacement of other commodities…
− Article 5
+ (4)
− This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
+ (++) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’.
− ### art_6
− 
− Article 6
+ (*8) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.1…
− This Directive is addressed to the Member States.